New trustees; their appointment and tenure of office (1) Trustees shall be elected by members of the church. (2) Elections shall be held at regular intervals of twelve months. All members of the church of full age and sound mind shall be eligible for election as trustees. (3) At elections at an annual general meeting trustees shall be elected for a term of three years, but so that if a trustee shall vacate office before the expiration of his term the trustee appointed to succeed him shall hold office only for the then residue of the term of the trustee who vacated his office. Retiring trustees shall be eligible for re-election. (4) If the office of a trustee is vacated for any reason other than the expiration of his term of office a new trustee shall be elected at one of the monthly meetings of members of the church and such trustee shall hold office until the next annual general meeting of members of the church. Notification of changes of trustees (1) Any change in membership of the trustees shall within three weeks of such change be notified by the publication of a notice in the Gazette. (2) No such change shall be deemed to have been made until a notification of such change has been published in the Gazette. (3) The production of a copy of the Gazette containing any such notification shall be prima facie evidence of a change in membership of the trustees. (4) The trustees shall when required by the Governor furnish to him satisfactory proof of the succession, election or appointment of any new trustee. Execution of deeds The trustees when elected shall appoint a chairman, a vice-chairman, a secretary and a treasurer from among their number and all deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of such four persons or of two of such four persons and two other trustees and shall also be signed by such four persons and such signing shall be and be taken as sufficient evidence of the due sealing thereof. Custody of documents All books, deeds, papers and other documents belonging to the church shall be under the care and custody of the trustees. Power of committee to make regulations All regulations relating to the affairs of the church otherwise than those specifically provided for by this Ordinance shall be drawn up by a committee appointed by the members of the church for such purpose and shall be submitted to the annual general meeting for approval. Regulations not binding until approved No regulations made by any committee under section 13 shall be binding on the members of the church until such regulations have been passed by a majority of members present and voting at an annual general meeting of members. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of the council of the Munsang College, Hong Kong. [24 May 1957] Short title Registration with Registrar of Companies Prohibition against payment of dividend or bonus Saving This Ordinance may be cited as the Munsang College Incorporation Ordinance. Incorporation The council for the time being as hereinafter composed of Munsang College, Hong Kong, shall be a body corporate, hereinafter called the corporation, and shall have the corporate name, "Munsang College", and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal. Purpose of the corporation The purpose of the corporation shall be to carry on the work for which the Munsang College was originally founded, that is, of offering to Chinese youths a modern liberal education (special attention being given to the teaching of the English and Chinese languages and literature), and encouraging them to lead a Christian life. Limitation of number of members of council (1) The council shall consist of not less than nine members nor more than twenty-one. (2) The council shall have a chairman, a vice-chairman, an honorary secretary, and an honorary treasurer (hereinafter referred to as the officers) and such number of supervisors as may be necessary, all of whom shall be elected from among the members of the council: Provided that, in the case of supervisors, their election shall be referred by the council, with such recommendations as the council may wish to make, to the Director of Education for his approval of such appointments and, in case of disapproval, such elections shall be of no effect. (3) The officers shall hold office for a term of one year and shall retire at the ordinary meeting of the council next following the expiration of their term of office but they shall be eligible for re-election. (4) The council shall- (a) have such powers; (b) perform such duties; (c) transact such business; and (d) hold such meetings,as are specified in this Ordinance and in the rules made under section 9. Filling of vacancy On the occurrence of any vacancy in the council caused by the death, resignation, or other determination of office in accordance with the rules made under section 9, of any one of such members of the council, it shall be filled in manner prescribed in the rules. Appointment and removal of principle (1) The council may from time to time by resolution passed, in accordance with the rules made under section 9, at a meeting convened for the purpose appoint such number of principals as may be necessary for the administration and management of colleges and schools established and run by the corporation and, may, in like manner, when occasion so requires- (a) remove any principal so appointed; or (b) appoint another person to act as principal during the temporary absence of the substantive holder of that office. (2) Any resolution passed for any of the purposes mentioned in subsection (1) shall be authenticated by the chairman and vice-chairman of the council and when so authenticated shall be conclusive evidence for all purposes of the facts therein contained. Powers of corporation (1) The corporation shall have power to acquire, accept and grant leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to build, rebuild, alter, vary, renew, maintain and repair any building, messuages or tenements, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, debentures, stocks, funds, shares or securities of any government, municipality, corporation, or company and also to purchase, acquire, and possess goods and chattels of what nature and kind soever. (2) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, or other goods and chattels whatsoever, which are for the time being vested in or belonging to the corporation, upon such terms as the corporation may deem fit. Execution of deeds All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of any three of the following officers, namely- (a) the chairman; (b) the vice-chairman; (c) the honorary secretary; and (d) the honorary treasurer, and shall also be signed by the same three officers so present, and such signing shall be taken as sufficient evidence of the due sealing thereof. Power to make rules The council may from time to time by resolution passed, in accordance with the rules made under this section, at a meeting convened for the purpose make such rules as the council may at its discretion deem desirable for- (a) the administration or management of the corporation; (b) the management of the corporation's premises and property of whatever description; (c) the holding of meetings of the council and the conduct of business thereat; and (d) such other matters as may be deemed necessary for the better administration or management of the corporation and its premises and properties. Registration with Registrar of Companies (1) The corporation shall send to the Registrar of Companies for registration- (a) notice of the address of the principal office of the corporation and any change thereof; (b) a copy of all rules made under the provisions of section 9, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the chairman, vice-chairman, honorary secretary, honorary treasurer and other members of the council, and any change therein, certified as correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any amendment or change, as the case may be. (3) A fee of $5 shall be payable for registering any document under this section. (4) Upon payment of a fee of $1, any person may inspect any of the documents registered with the Registrar of Companies under this section. Prohibition against payment of dividend or bonus No dividend or bonus shall be paid and no gift or division of money shall be made by or on behalf of the corporation to or among any of the members of the council, or, to or among the students of any college or school established or maintained by the corporation except by way of prize, reward or special grant to students approved on each such occasion by a majority ofthe members of the council. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Empowering section [24 May 1957] The Executive Committee of the Munsang Alumni Association shall be entitled to elect one of its members to serve on the Council. Such member, however, shall retire at the second ordinary meeting of the Council held next after his election but shall be eligible for re-election by such Executive Committee. Members of the Council shall vacate office- (a) upon failure to attend meetings of the Council for twelve consecutive months; or (b) upon ceasing to reside in Hong Kong or within one hundred miles thereof for six months without leave of the Council. The Council may appoint, subject to the provisions of subsection (1) of section 4 of the Ordinance, additional members thereto, and may fill any vacancy occurring therein. (1) Ordinary meetings shall be held twice a year: one in the fourth week in January and one in the fourth week in July. (2) All ordinary meetings shall be held in the Colony of Hong Kong either- (a) at premises of the Munsang College; or (b) at such other convenient place as may be agreed upon by the Council, and named in the notice convening the meeting. In the absence of the Chairman at any meeting the Vice-Chairman or in his absence a member elected by those present shall be chairman of the meeting. All business brought before a meeting shall be decided by a majority of votes of the members present; in case of an equality of votes the chairman of such meeting shall have a casting vote. All resolutions carried as aforesaid by a majority of the members present and all acts done pursuant to any such resolutions shall be deemed to be the resolutions and acts respectively of the Council. Minutes of the proceedings of every meeting of the Council shall be entered in a book kept for that purpose and shall on approval by the Council be signed by the chairman at the conclusion of such meeting or by the chairman of the following meeting; and shall when so entered and signed be evidence of the facts therein stated. (1) Notice of any Council meeting shall be signed by either the Chairman, the Vice-Chairman, or the Honorary Secretary and shall be deemed to have been delivered to the addresses if it is left or sent through the post to their respective addresses registered with the Registrar of Companies. (2) Seven clear days' notice shall be given of every meeting, stating the time and place of holding the meeting and the objects or purposes for which the meeting is to be held. (3) Any notice sent in accordance with the provisions of paragraph (1) shall be effective although the member of Council to whom it is intended may at the time be absent from his registered address or may never actually receive the notice. (4) Proxies shall not be permitted at any meeting. (1) A current account to be known as the "No. 1 account" shall be opened in the name of the Munsang College, or in such other name as the Council may decide, at such bank as the Council may from time to time approve, and all school fees received shall be paid into, and all payments of salaries and other expenses for the running of the colleges and schools of the corporation shall be paid out of, such account. (2) All cheques drawn on the above account on behalf of the corporation shall be signed by any two of the following persons, namely- (a) the Chairman; (b) the Vice-Chairman; and (c) the Honorary Treasurer; or by any one of them and countersigned by either the appropriate Principal or the appropriate Bursar. (1) All donations of a special nature, or, if a sinking fund is ever created, the moneys received therefor, shall be paid into a separate current account to be known as the "No. 2 account" to be opened in the name of the Munsang College, or in such other name as the Council may decide, at such bank as the Council shall from time to time approve. (2) All cheques drawn on the above account on behalf of the corporation shall be signed by the Chairman and any one member of the Council. In any year in which, in the opinion of the members of the Council present at a meeting convened for the purpose, there shall be a surplus of income over expenditure, the balance so resulting may be transferred to the No. 2 account as provision for unforeseen contingencies. The Council may create, set aside and deal with in such manner and for such purpose as the Council may think fit any provident fund or sinking fund which the Council may deem necessary or expedient. Long title To provide for the incorporation of the Hong Kong Council of the Church of Christ in China. [5 September 1958] Short title Saving This Ordinance may be cited as the Hong Kong Council of the Church of Christ in China Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "chairman" (主席), "vice-chairman" (副主席), "treasurer" (司庫) mean the chairman, vice-chairman and treasurer respectively appointed by the executive committee from time to time to act as such; "constitution" (憲章) means the constitution for the time being in force governing the corporation together with any amendment thereto made from time to time in accordance with such constitution; "corporation" (法團) means The Hong Kong Council of the Church of Christ in China incorporated under section 3; "executive committee" (執行委員會) means the executive committee which has the power of management and control of the affairs of the corporation in accordance with the constitution; "general secretary" (總幹事) means the general secretary appointed by the executive committee; "members" (成員) means the active pastors, ministers and preachers holding office in the corporation and the delegates of the local churches, co-operating missions and church bodies, educational institutions, medical and religious institutions and missionary bodies as are or shall become members of The Hong Kong Council of the Church of Christ in China in accordance with the constitution. Incorporation The members for the time being of the Hong Kong Council of the Church of Christ in China shall be a body corporate and shall have the corporate name, "The Hong Kong Council of the Church of Christ in China", and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal and may from time to time, break, change, alter and make anew the said seal as to the corporation may seem fit. Powers of corporation (1) The corporation shall have power to acquire, accept and grant leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to build, rebuild, alter, vary, renew, maintain and repair any building, messuage or tenement, and also to invest moneys upon mortgages of any lands, buildings, messuages or tenements, or in debentures, stocks, funds, shares or securities of any government, municipality, corporation, or company, and also to purchase, acquire and possess goods and chattels of what nature and kind soever. (2) (Repealed 74 of 1974 s. 3) (3) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities or goods and chattels whatsoever, which are for the time being vested in or belonging to the corporation, upon such terms as to the corporation may deem fit. Execution of deeds (1) All deeds, documents and other instruments requiring the seal of the corporation shall be- (a) sealed in the presence of any three of the following persons namely, the chairman or in his absence from the Colony, of the vice-chairman, the treasurer, the general secretary and any two members of the executive committee; and (b) signed by three of the persons named above in whose presence the seal was affixed. (2) The seal shall be kept in the custody of the chairman, or in his absence from the Colony, in the custody of the vice-chairman. Vesting of property (1) Notwithstanding the provisions of subsection (2) of section 4, all those pieces or parcels of ground the particulars whereof are contained and more particularly described in the first column of the Schedule together with all rights, easements and appurtenances thereunto belonging or appertaining shall upon registration by the corporation in the appropriate Land Registry of a memorial of this Ordinance be transferred to and be vested in the corporation for the residues now unexpired of the terms created therein by the Crown Leases thereof respectively, subject to the payment of the rents reserved by the said Crown Leases respectively and the performance and observance of the lessees' covenants and the conditions therein contained, and subject also to such mortgages, charges, leases, tenancies and other agreements (if any) and upon such trusts, conditions and stipulations, as may be subsisting in relation to such premises upon the commencement of this Ordinance. (Amended 8 of 1993 s. 2) (2) On the coming into operation of this Ordinance all other property goods and chattels and rights which immediately before the commencement of this Ordinance were held in trust for The Hong Kong Council of the Church of Christ in China shall be transferred to and become vested in the corporation. Proof of membership of the corporation and proof of the constitution A certificate under the hand of the chairman, or in his absence from the Colony, of the vice-chairman- (a) that any active pastors, ministers or preachers holding office in the corporation or any local church, co-operating mission and church body, educational institution, medical institution, religious institution or missionary body named therein is a member of the corporation; or (b) that any rules or regulations annexed to such certificate are the constitution, shall be accepted for all purposes as sufficient proof of the fact that such active pastors, ministers or preachers, local church, co-operating mission and church body, educational institution, medical institution, religious institution or missionary body is a member of the corporation, or that the constitution was duly made and is in force. Registration with Registrar of Companies (1) The corporation shall send to the Registrar of Companies for registration- (a) notice of the address of the principal office of the corporation and any change thereof; (b) a copy of the constitution certified as correct by the chairman, or in his absence from the Colony, the vice-chairman; (c) a list of the names and addresses of the chairman, vice-chairman, treasurer, general secretary and members of the executive committee, and any change therein, certified as correct by the chairman, or in his absence from the Colony, the vice-chairman. (2) Notification in accordance with subsection (1) shall be made within four weeks of the making of any amendment or change, as the case may be: Provided that the Registrar of Companies may for good cause shown extend the period. (3) The registration of the list mentioned in paragraph (c) of subsection (1) shall be conclusive evidence of the appointments to the offices mentioned therein. (4) A fee of $5 shall be payable for registering any document under this section. (5) Upon payment of a fee of $1, any person may inspect any of the documents registered with the Registrar of Companies under this section. Internal management of the corporation All matters affecting the corporation and its internal management including any amendment of the constitution shall be settled and carried out in accordance with the constitution. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinanceand those claiming by, from or under them. Description of Property Registered Owner All those pieces or parcels of land registered as Lots Nos. 3303 and 3304 in Demarcation District No. 102 in the New Territories, together with the messuages or dwelling houses, buildings and erections thereon. The Hong Kong New Territory Evangelization Society of Hong Kong. Long title To provide for the incorporation of the Director of Social Welfare, and for matters connected therewith. [6 February 1959] Short title This Ordinance may be cited as the Director of Social Welfare Incorporation Ordinance. Director of Social Welfare constituted a corporation sole The person for the time being performing the duties of the office of Director of Social Welfare shall be a corporation sole, hereinafter called the corporation, and shall have the name of the Director of Social Welfare Incorporated and in that name shall have perpetual succession. Seal of corporation and authentication thereof, and instruments executed thereunder (1) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the occupant of the corporation for the time being. (2) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Power of corporation to act as trustee, etc. The corporation may act as trustee of any trust created for the benefit of persons in the care of the Social Welfare Department or of any trust created in connection with the work of the said Department and may acquire, take on lease, purchase, hold, hire and enjoy any movable or immovable property and may dispose of the same. Power to invest trust funds (1) The corporation may invest, in accordance with the provisions of the Trustee Ordinance (Cap 29), any trust funds in the hands of the corporation whether at the time in a state of investment or not: Provided that where the occupant of the corporation for the time being considers it impracticable for any reason whatsoever for any such trust funds to be so invested, the corporation may deposit such trust funds in any bank or savings bank approved by the Governor either generally or in any particular case. (2) The powers conferred on the corporation by subsection (1) are in addition to the powers (if any) conferred by any trust but shall apply only if and so far as a contrary intention is not expressed in any term of any trust, and shall have effect subject to any such term. Property of corporation to pass to its successors Where any property or interest therein is vested in the corporation, the same shall, unless and until otherwise disposed of by the corporation, pass and devolve to and vest in the successors from time to time of the corporation. Certificate as to occupant of corporation If any question arises as to who is or was at any time the occupant of the corporation for the time being, a certificate under the hand of the Chief Secretary shall be conclusive evidence for all purposes as to the person who is or was such occupant. Accounts, audit and annual report (1) The corporation shall keep accounts and records of all transactions in respect of any trust funds it administers. (2) The Director of Accounting Services may give such directions in writing to the corporation as he thinks fit with respect to the keeping of accounts and records referred to in subsection (1) and the corporation shall comply with any such direction. (3) The corporation shall prepare in relation to the trust funds it administers a statement of accounts of the funds for each period of 12 months ending on 31 March in any year, in such form as the Director of Accounting Services may require in writing. (4) A statement of accounts required by subsection (3) shall be signed by the person for the time being performing the duties of the office of the Director of Social Welfare and shall, unless the accounts of the trust funds the corporation administers have been audited by an independent accountant under section 24(4) of the Trustee Ordinance (Cap 29), be submitted by the corporation to the Director of Audit not later than 30 September following the end of the period to which it relates, or such later date as the Governor may allow. (5) Where the statement of accounts is submitted to the Director of Audit under subsection (4), such statement of accounts and the accounts of the funds referred to in subsection (1) shall be audited by the Director of Audit, who shall certify the statement of accounts together with such report, if any, as he may think fit and submit the audited statement of accounts and the report thereon, if any, to the corporation. (6) A copy of the corporation's audited statement of accounts, together with the Director of Audit's report, if any, and a report, if any, by the corporation on the administration of the fund during the period covered by the audited statement of accounts shall be laid upon the table of the Legislative Council not later than 3 months after the audited statement of accounts and the report thereon, if any, are received by the corporation from the Director of Audit. Long title To provide for the establishment and functions of an advisory and consultative body for the New Territories and for purposes connected therewith. [11 December 1959] Preamble WHEREAS- (a) the HEUNG YEE KUK has in the past served as a valuable advisory body to the Government on New Territories affairs and has been a forum where leaders of opinion in the Territories have been able to exchange views; and (b) it is now considered desirable that the HEUNG YEE KUK should become a statutory advisory body with a constitution so framed as to ensure that it will as far as possible be truly representative of informed and responsible opinion in the New Territories: Short title Powers Accounts Incorporation of Chairman and Vice-Chairmen Powers of the Heung Yee Kuk Incorporated Use of words Heung Yee Kuk Amendment of Schedules PART I ESTABLISHMENT AND CONSTITUTION OF HEUNG YEE KUK This Ordinance may be cited as the Heung Yee Kuk Ordinance. Establishment and constitution of Heung Yee Kuk (1) There shall be established in the New Territories, which expression shall be read and construed in this Ordinance as meaning the New Territories excluding New Kowloon, a body to be known as the Heung Yee Kuk (鄉議局) hereinafter referred to as the Kuk. (2) The Kuk shall consist of- (a) the Chairman and 2 Vice-Chairmen who shall be members of the Executive Committee and shall be elected by the Full Council; (b) a Full Council; and (c) an Executive Committee of the Full Council. Kuk Permanent Advisers The following persons are non-voting Permanent Advisers to the Kuk- (a) all past Chairmen of the Kuk; and (b) all persons, other than New Territories Justices of the Peace and Co-opted Councillors, who have served 2 consecutive terms as members of the Executive Committee, the last term ending in 1988 or later. Executive Committee (1) The Executive Committee shall consist of Ex Officio Members, Ordinary Members and all of the Co-opted Councillors. (2) (a) The following shall be Ex Officio Members- (i) the Chairmen of Rural Committees; and (ii) New Territories Justices of the Peace. (b) Ordinary Members shall not exceed 15 in number, and shall be Councillors of, and elected by, the Full Council. (3) The Full Council shall be deemed to have delegated to the Executive Committee such of its powers as are necessary for the carrying out of the objects the Kuk. Disqualification No person shall hold office as a Chairman, Vice-Chairman, Member of the Executive Committee or Councillor of the Full Council who is under the age of 21 years, or who is or at any time becomes- (a) under any law in force in Hong Kong found or declared to be of unsound mind; (b) an undischarged bankrupt; (c) a person who has been convicted by any of Her Majesty's Courts, whether or not within Hong Kong, of any offence for which he has been sentenced to a term of imprisonment exceeding 6 months; or (d) a person who has been convicted by any Court in Hong Kong within the preceding 5 years of any offence in connection with any illegal organization. Returning Officer (1) All elections shall be conducted by a Returning Officer appointed by the Governor. Such Returning Officer shall be in sole charge of the conduct of such elections, appointing such Assistant Returning Officers as he shall see fit to assist him. On the completion of every election the Returning Officer shall declare each person elected to have been validly or invalidly elected as the case may be. (2) Where any question arises concerning the interpretation of the election rules set out in the First Schedule the same shall be interpreted by the Returning Officer whose decision shall be final, or by an Assistant Returning Officer from whose decision appeal may be made to the Returning Officer. Vacancies and invalid elections (1) Where- (a) any vacancy occurs by reason of the death, resignation or disqualification of any Chairman, Vice-Chairman, Member or Special Councillor; or (b) the election of any Chairman, Vice-Chairman, Member or Special Councillor is declared invalid by the Returning Officer, a fresh election shall take place within 6 months of the vacancy occurring or the election being declared invalid, and the Governor may extend the term of office for which the election was being held for such period as he may see fit not exceeding 6 months from the date of such vacancy occurring. (2) In the event of the Returning Officer declaring 2 successive elections to be invalid the Governor may appoint any person eligible for election to be the Chairman, Vice-Chairman, Member or Special Councillor as the case may be, and such person shall hold office as if he had been duly elected thereto. (3) In the event of the Chairman dying, resigning or becoming disqualified the Vice-Chairman first elected shall assume the office of Chairman until such time as a new Chairman shall have been elected. Objects PART III FUNCTIONS OF THE KUK The objects of the Kuk shall be- (a) to promote and develop mutual co-operation and understanding among the people of the New Territories; (b) to promote and develop co-operation and understanding between the Government and the people of the New Territories; (c) to advise the Government on social and economic developments in the interests of the welfare and prosperity of the people of the New Territories; (d) to encourage the observance of all such customs and traditional usages of the people of the New Territories as are conducive to their welfare and to the preservation of public morality; and (e) to exercise such functions as they may be invited to from time to time by the Governor. Powers (1) For the purpose of furthering the objects of the Kuk, it may- (a) appoint a Secretary, Treasurer and other office-bearers and determine their duties; (b) appoint such staff as it may require and make provision for the payment of their salaries; (c) appoint sub-committees and delegate functions to them; (d) appoint such advisers as may be approved by the Secretary for Home Affairs. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) (2) The provisions set out in the Second Schedule shall apply to the exercise of the powers and functions of the Kuk. Accounts (1) Accounts shall be kept in a form to be approved by the Secretary for Home Affairs in respect of all funds other than the personal donations of the Chairman, Vice-Chairmen, Members and Councillors. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 14 of 1983; L.N. 262 of 1989) (2) Failure to keep accounts and to produce the same in the form required under subsection (1), shall be an offence on the part of the Chairman, Vice-Chairmen and the Treasurer of the Kuk, and on conviction each shall be liable to a fine of 2000. Incorporation of Chairman and Vice-Chairmen Powers of the Heung Yee Kuk Incorporated PART IV MISCELLANEOUS The Chairman and Vice-Chairmen for the time being of the Kuk shall be a body corporate with perpetual succession, known as the Heung Yee Kuk Incorporated and shall in that name be capable of suing and being sued. Powers of the Heung Yee Kuk Incorporated (1) The Heung Yee Kuk Incorporated may- (a) enter into contracts; (b) acquire and hold property; (c) sell, let or otherwise dispose of property; and (d) borrow money and for that purpose mortgage or charge all or any part of the property of the Heung Yee Kuk Incorporated. (2) The Heung Yee Kuk Incorporated shall exercise the powers conferred by subsection (1) only in such manner and subject to such conditions as the Executive Committee shall in its absolute discretion direct or impose, and only for the purpose of promoting the objects of the Kuk. Use of words Heung Yee Kuk (1) The words Heung Yee Kuk (鄉議局) shall be used solely by, and in connection with, the Kuk established under this Ordinance. (2) Any person other than the Chairman, Vice-Chairmen, Councillors, Members or Officers of the Kuk who uses any term or conducts himself in any manner which is calculated to give the impression that he is an Officer, Member or Councillor of the Kuk, shall be guilty of an offence and shall be liable to a fine of $2000. Amendment of Schedules (1) The provisions contained in the First and Second Schedules may be amended by resolution of two-thirds of the members of the Full Council. Such resolution shall require the prior approval of two-thirds of the members of the Executive Committee. (2) Any such amendment shall be subject to the approval of the Secretary for Home Affairs. (Amended 18 of 1988 s. 8; L.N. 262 of 1989) Long title To provide for the incorporation of the Director of Education, and for matters connected therewith. [23 September 1960] Short title This Ordinance may be cited as the Director of Education Incorporation Ordinance. Director of Education constituted a corporation sole The person for the time being performing the duties of the office of Director of Education shall be a corporation sole, hereinafter called the corporation, and shall have the name of the "Director of Education Incorporated" and in that name shall have perpetual succession. Seal of corporation and authentication thereof, and instruments executed thereunder (1) The corporation shall have and may use a common seal and the affixing of the seal shall be authenticated by the signature of the occupant of the corporation for the time being. (2) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Power of corporation to act as trustee, etc. The corporation subject to the prior approval of the Chief Secretary may act as trustee of any trust created for purposes or objects connected with education or with the work of the Education Department and may acquire, take on lease, purchase, hold, hire and enjoy any movable or immovable property and may dispose of the same. Power to invest trust funds (1) The corporation may invest, in accordance with the provisions of the Trustee Ordinance (Cap 29), any trust funds in the hands of the corporation whether at the time in a state of investment or not: Provided that where the occupant of the corporation for the time being considers it impracticable for any reason whatsoever for any such trust funds to be so invested, the corporation may deposit such trust funds in any bank or savings bank approved by the Governor either generally or in any particular case. (2) The powers conferred on the corporation by subsection (1) are in addition to the powers (if any) conferred by any trust but shall apply only if and so far as a contrary intention is not expressed in any term of any trust, and shall have effect subject to any such term. Property of corporation to pass to its successors Where any property or interest therein is vested in the corporation, the same shall, unless and until otherwise disposed of by the corporation, pass and devolve to and vest in the successors from time to time of the corporation. Certificate as to occupant of corporation If any question arises as to who is or was at any time the occupant of the corporation for the time being, a certificate under the hand of the Chief Secretary shall be conclusive evidence for all purposes as to the person who is or was such occupant. Accounts, audit and annual report (1) The corporation shall keep accounts and records of all transactions in respect of any trust funds it administers. (2) The Director of Accounting Services may give such directions in writing to the corporation as he thinks fit with respect to the keeping of accounts and records referred to in subsection (1) and the corporation shall comply with any such direction. (3) The corporation shall prepare in relation to the trust funds it administers a statement of accounts of the funds for each period of 12 months ending on 31 August in any year, in such form as the Director of Accounting Services may require in writing. (4) A statement of accounts required by subsection (3) shall be signed by the person for the time being performing the duties of the office of the Director of Education and shall, unless the accounts of the trust funds the corporation administers have been audited by an independent accountant under section 24(4) of the Trustee Ordinance (Cap 29), be submitted by the corporation to the Director of Audit not later than 28 February following the end of the period to which it relates, or such later date as the Governor may allow. (5) Where the statement of accounts is submitted to the Director of Audit under subsection (4), such statement of accounts and the accounts of the funds referred to in subsection (1) shall be audited by the Director of Audit, who shall certify the statement of accounts together with such report, if any, as he may think fit and submit the audited statement of accounts and the report thereon, if any, to the corporation. (6) A copy of the corporation's audited statement of accounts, together with the Director of Audit's report, if any, and a report, if any, by the corporation on the administration of the fund during the period covered by the audited statement of accounts shall be laid upon the table of the Legislative Council not later than 3 months after the audited statement of account and the report thereon, if any, are received by the corporation from the Director of Audit. Long title To provide for the incorporation of the Council of Heep Yunn School. [12 May 1961] Short title This Ordinance may be cited as the Council of Heep Yunn School Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of the Council of Heep Yunn School approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Council of Heep Yunn School shall be a body corporate, and shall have the name of "The Council of Heep Yunn School", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Heep Yunn School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate : Provided that the corporation shall not acquire, accept leases of, purchase, take or hold any immovable property in the Colony unless it shall have previously obtained the consent of the Governor in Council in each case; (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere within the British Commonwealth or in any Hong Kong or British Commonwealth government bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere within the British Commonwealth; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; and (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being, or for carrying into effect the provisions of this Ordinance. Members The corporation shall consist of such members as shall be provided by its constitution. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 8 to sign deeds, documents and other instruments. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any amendment or change, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be payable under any enactment relating thereto. (4) The corporation shall pay such fee for registering any document with any public registry as may be payable under any enactment relating thereto. Sealing of deeds All deeds, documents and other instruments requiring the seal of the corporation shall be signed by the chairman of the corporation or by such other person or persons as the corporation shall from time to time appoint and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Preamble WHEREAS- (a) The United Kingdom Committee For World Refugee Year has given to the Government the sum of $2200000.00 to inaugurate a fund to be applied in the provision of training facilities for social workers and for persons desirous of becoming social workers; (b) of the said sum of $2200000.00, the sum of $19939.06 has been expended for such purpose, leaving a balance of $2180060.94; and (c) it is considered expedient to vest the said balance of $2180060.94 in the Director of Social Welfare Incorporated as trustee and to provide for the administration, by a committee appointed for that purpose, of the said balance and of any further sums added thereto: Short title Accounts Investments Cost of administration Saving This Ordinance may be cited as the Social Work Training Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the Social Work Training Fund Committee established by section 5; "fund" (基金) means the Social Work Training Fund established by section 3; "secretary" (秘書) means the secretary of the committee appointed under section 7; "social work" (社會工作) means any activity which, in the opinion of the committee, is concerned with the maintenance or improvement of the social and personal well-being, recreation or conditions of living of persons resident in Hong Kong but does not include any training or activity necessary for the purpose of obtaining registration under the provisions of the Dentists Registration Ordinance (Cap 156), the Medical Registration Ordinance (Cap 161), the Midwives Registration Ordinance (Cap 162), the Nurses Registration Ordinance (Cap 164), or the Education Ordinance (Cap 279); (Amended 15 of 1988 s. 4) "social worker" (社會工作者) means a person who is trained for or employed in or engaged in any social work; "trustee" (受託人) means the Director of Social Welfare Incorporated as trustee of the fund. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Social Work Training Fund which is hereby vested in the Director of Social Welfare Incorporated, a body corporate incorporated under and by virtue of the Director of Social Welfare Incorporation Ordinance (Cap 1096), as trustee. (2) The fund shall consist of- (a) the sum of $2180060.94 being the balance of the sum paid to the Government by The United Kingdom Committee For World Refugee Year, together with any interest thereon up to the date of coming into operation of this Ordinance; and (b) any further donations or bequests at any time made to the fund and accepted by the committee. Objects of the fund (1) The trustee shall hold and stand possessed of the fund subject to such direction and control by the committee as is provided in this Ordinance and subject to and in accordance with the provisions of this Ordinance upon trust to apply the income thereof and, subject as is hereinafter provided, to apply the capital thereof- (a) in making grants to individuals for the purpose of study and training as social workers, including payment of passages, travel and subsistence allowances and other incidental expenses; (b) in improving existing training facilities for social workers; (c) in running of courses for social workers and payment of any necessary expenses in connection therewith; (d) in the training of persons for social work in Hong Kong and in obtaining advice about such training; and (e) for any other purpose connected therewith, designed to improve the training and skill of social workers in Hong Kong. (Amended 15 of 1988 s. 4) (2) The trustee, subject to the direction of the committee, may apply for such purposes any income of the fund and any capital of the fund which has been obtained by the accumulation of income in any previous year but may not apply any other part of the capital of the fund for any such purpose without the prior consent of the Governor. Establishment of committee (1) For the management of the fund, there shall be established a committee to be known as the Social Work Training Fund Committee which shall consist of- (a) the Director of Social Welfare who shall be the Chairman of the committee; (b) (Repealed 15 of 1988 s. 2) (c) the Director of Education or his nominee; and (d) such other members not exceeding 3 as may be appointed by the Governor. (2) A member appointed by the Governor shall hold office for 3 years or such lesser period as may be stipulated by the Governor from the date of his appointment and may be reappointed or removed by the Governor at his pleasure. (3) If a member appointed under subsection (1)(d) is absent from Hong Kong, the Governor may appoint another person to replace such member during his absence. (Amended 15 of 1988 s. 4) (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 6 and unless so fixed shall be 3 members. (Amended 15 of 1988 s. 2) Standing orders of committee (1) The committee may make standing orders- (a) governing the procedure of the committee in the transaction of business; (b) for the maintenance of good order at meetings of the committee; and (c) generally for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every standing order made under subsection (1) shall be furnished to the Chief Secretary and every standing order shall be subject to disallowance by the Governor. (Amended L.N. 226 of 1976) (3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present and, in the case of an equality of votes, the Chairman shall have a casting vote in addition to his original vote. Secretary (1) There shall be a secretary to the committee who shall be appointed by the Governor. (2) The secretary shall summon such meetings of the committee as may be required of which he shall give to each member thereof not less than 7 days' notice with an agenda. (3) The secretary shall maintain minutes of each meeting of the committee. Power to solicit and take donations and bequests The committee may solicit and accept on behalf of the trustee donations and bequests to the fund. Borrowing powers The trustee may borrow such sums of money at such rates of interest and subject to such terms or conditions as the committee may direct for the furtherance of any of the purposes specified in section 4, and, with the prior consent of the Governor, may charge the capital and assets of the fund as security for the repayment thereof. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 March in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify such statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid upon the table of the Legislative Council not later than 31 December next following the end of such period or so soon thereafter as the Governor in his absolute discretion may allow. (Amended 15 of 1988 s. 3) Investments The trustee may invest any moneys in such investments, whether or not such investments are trust investments, as the committee may direct subject, in the case of investments which are not trust investments, to the prior approval of the Financial Secretary and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. Cost of administration The cost of the administration of the fund shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To make provision for the establishment of a trust fund to be known as the "Sir Robert Black Trust Fund" and for the due administration thereof and for purposes connected with the matters aforesaid. [1 December 1961] Preamble WHEREAS- (a) the sum of one million dollars has been donated by Mr. TANG Shiu-kin for the purpose of establishing a trust fund to be known as the "Sir Robert Black Trust Fund" for the welfare, education and training of persons particularly in fields of activity which are of social value; and (b) the Governor has approved the use of his name in the title of the fund: Short title Accounts Cost of administration of the fund This Ordinance may be cited as the Sir Robert Black Trust Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the committee appointed under section 5. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the "Sir Robert Black Trust Fund", hereinafter referred to as the fund, which shall be vested in the Secretary for Home Affairs Incorporated as trustee. (Amended L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989) (2) The fund shall consist of the moneys referred to in the preamble together with any sum accumulated by way of interest thereon, dividends and such other moneys as may be paid into the fund, and the fund shall include also such other moneys and assets as may from time to time be donated to or acquired by the trustee on the trusts hereinafter set out. Objects of the trust fund (1) The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may advise for the following objects- (a) to provide for persons, who appear to the committee to be of exceptional merit, opportunities for the furtherance of studies, of developing initiative and character and of acquiring greater social usefulness in particular through the qualities of personal leadership in the service of all members of the community; (b) to make grants to individuals or to groups of individuals for the furtherance of activities which appear to the committee- (i) to be of social value; and (ii) to develop qualities of personal initiative and resource; (c) to make grants for the training of individuals or groups of individuals who appear to the committee to be likely to become devoted leaders of community service of any kind. (2) In selecting persons to be beneficiaries of the fund the committee shall have regard to- (a) the circumstances of the family of the proposal beneficiary; and (b) any qualities of the proposed beneficiary whatsoever. Establishment of committee (1) There shall be established a committee to be known as the "Sir Robert Black Trust Fund Committee". (2) The committee shall consist of- (a) the Secretary for Home Affairs as ex officio member and chairman; (Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989) (b) the Director of Education as ex officio member and vice-chairman; (c) the Director of Social Welfare as ex officio member; (d)-(e) (Repealed 50 of 1973 s. 2) (f) 3 other members appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment, and may be re-appointed or removed by the Governor at his pleasure. (4) The quorum necessary for the transaction of business by the committee at a meeting of the committee may be fixed by standing orders made under section 7 and unless so fixed shall be 3 members. (Amended 93 of 1991 s. 2) (5) The validity of any proceedings of the committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto. Control by committee Subject to the provisions of this Ordinance and the agreement of the trustee, the committee may determine all matters whatsoever touching the administration of the fund and the attainment of the objects thereof. Standing orders Transaction of business by circulation of papers (1) The committee may make standing orders- (a) governing their procedure in the transaction of business; (b) for the maintenance of good order at their meetings; and (c) generally for matters relating to the administration and management of the fund and the discharge of their duties. (2) A copy of such standing orders shall be furnished to the Chief Secretary and they shall be subject to disallowance, alteration or amendment by the Governor. (3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present, and, in case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. Transaction of business by circulation of papers The committee may transact any of its business by circulation of papers amongst members, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the committee. Appointment of officers (1) Without prejudice to section 9, the committee may from time to time appoint, upon such salary and upon such terms as they may think proper, a secretary, a treasurer, and such other officials as they may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise them on any point arising out of or in connection with the said trusts. (Amended 93 of 1991 s. 4) (2) All salaries and fees of any person or persons so appointed or employed shall be paid by the trustee out of the fund. Investment of moneys (1) Subject to subsections (2) to (5), the trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise. (Amended L.N. 16 of 1977; 48 of 1989 s. 2; 93 of 1991 s. 5) (2) If the committee so directs, the trustee shall employ such professional person or financial institution as may be nominated by the committee to manage the investment of all or part of the moneys of the fund invested by the trustee under subsection (1). (Added 93 of 1991 s. 5) (3) A person or institution appointed under subsection (2) shall, in performing his or its functions, act in accordance with any advice of the committee in respect of those functions conveyed to him or it in writing from time to time by the trustee. (Added 93 of 1991 s. 5) (4) The trustee shall not be responsible for the consequences of any act or omission of a person or institution employed under subsection (2) if he or it was employed in good faith. (Added 93 of 1991 s. 5) (5) All salaries and fees of a person or institution employed under subsection (2) shall be paid by the trustee out of the fund. (Added 93 of 1991 s. 5) Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 March in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 30 September next following the end of such period, or so soon thereafter as the Governor, in his absolute discretion, may allow. Cost of administration of the fund The cost of the administration of the fund, other than the salaries and fees paid under the provisions of section 8(2), shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Long title To provide for the incorporation of St. Paul's College Council. [25 May 1962] Short title This Ordinance may be cited as the St. Paul's College Council Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the corporation; "corporation" (法團) means the St. Paul's College Council incorporated under section 3; "regulations" (規例) means the regulations of the corporation approved from time to time by its members for the time being in accordance with the regulations for the time being in force. Incorporation St. Paul's College Council shall be a body corporate and shall have the corporate name "St. Paul's College Council", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal, and may from time to time break, change, alter and make anew the said seal as the corporation may deem fit. Power of corporation (1) The corporation shall have full power- (a) to manage, administer and operate St. Paul's College in accordance with the purpose for which it was originally founded, namely, the offering to Chinese youths of a modern, liberal education in the English language (but including the subject of Chinese language in the curriculum) upon Christian principles, Protestant and Evangelical, as professed by the Church of England, and now continued by the Chung Hua Sheng Kung Hui; (b) to acquire, accept, and grant leases of, purchase, take or otherwise hold and enjoy any lands, buildings, messuages or tenements of whatsoever nature or kind, and wheresoever situate; (c) to build, rebuild, alter, vary, renew, maintain and repair any buildings, messuages or tenements and to effect any improvement thereto; (d) to acquire, by purchase or otherwise, and possess vessels and other goods and chattels of whatsoever kind or nature; (e) to invest moneys on deposit in any bank in the British Commonwealth or upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgage, debentures, debenture-stocks, stocks, funds, shares or securities of any government, municipality, corporation or company; (f) to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, let, reassign, transfer, or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, shares, securities, vessels, goods and chattels, for the time being vested in or belonging to the corporation, upon such terms as the corporation may deem fit; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) to accept grant in aid and subsidy from the Education Department; and (i) generally, to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its regulations for the time being, or the purposes aforesaid or any of them. (2) (Repealed 74 of 1974 s. 3) Members The corporation shall consist of such members as shall be provided by its regulations. Regulations (1) The regulations of the corporation may be changed or amended by the corporation at any time and from time to time in accordance with the provisions of the said regulations for the time being in force. (2) Subject to this section the regulations of the corporation and any amendments thereto shall be deemed to have been made under the terms of this Ordinance. (3) There shall be no obligation on the corporation to obtain the approval of the Governor in Council to such regulations nor shall it be necessary to publish any such regulations. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the principal office of the corporation and any change thereof; (b) a copy of the regulations and any amendment thereto, certified as correct by the Chairman; and (c) a list of the names and addresses of the office-bearers and members of the corporation and any change therein, certified as correct by the Chairman. (2) Every notification in accordance with subsection (1) shall be made within twenty-eight days of any change, amendment or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section upon payment of such fee as may be prescribed under section 305 of the Companies Ordinance (Cap 32) for the inspection of a document. (4) The corporation shall pay such fees for registering any document with any public registry as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for the registration with the Registrar of Companies of a document. (Amended L.N. 31 of 1968) (5) The registration of the list mentioned in paragraph (c) of subsection (1) shall be conclusive evidence of the facts contained in such list. Execution of deeds (1) All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of the Chairman or, in his absence, the Bishop's Commissary appointed under the Bishop of Victoria Incorporation Ordinance (Cap 1004) and of the Principal of St. Paul's College or, in his absence, the Acting Principal and shall be signed by the Chairman or by the Bishop's Commissary and by the Principal or by the Acting Principal, as the case may be. (2) The seal shall be kept in the custody of the Chairman or, in his absence from the Colony, in the custody of the Bishop's Commissary. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Empowering section [25 May 1962] Citation These regulations may be cited as the St. Paul's College Council Regulations. Interpretation In these regulations, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the corporation; "College" (書院) means the St. Paul's College; "corporation" (法團) means the St. Paul's College Council incorporated under section 3 of the Ordinance; "regulations" (規例) means the regulations of the corporation approved from time to time by its members for the time being in accordance with the regulations for the time being in operation. Composition of the corporation (1) The corporation shall be composed as follows- (a) ex officio members- (i) the Bishop for the time being of Victoria, Hong Kong, who shall be Chairman; (ii) the person for the time being occupying the position of Principal of the College, who shall be the Secretary of the corporation; (iii) the person for the time being occupying the position of Chairman of the St. Paul's College Alumni Association; (iv) the Vicar for the time being of the Parish in which the College is situate; (b) nominated members- (i) two persons nominated by the Synod of the Diocese of Hong Kong and Macao, or by its Standing Committee; (ii) three persons nominated by the St. Paul's College Alumni Association; (iii) one person nominated by the Master and Fellows of St. John's College; (iv) four lay representatives of the Chung Hua Sheng Kung Hui, one each nominated by- (I) St. John's Cathedral; (II) St. Paul's Church; (III) St. Stephen's Church; (IV) St. Mary's Church; and (c) co-opted members- such other persons not exceeding four in number, at any time, as may be co-opted by the corporation from time to time. (2) For the purpose of the nomination mentioned in sub-paragraphs (b) and (c) of paragraph (1), a copy of a Minute of the Synod of the Diocese of Hong Kong and Macao, or of its Standing Committee, of the St. Paul's College Alumni Association, of the Master and Fellows Meeting at St. John's College, of the Vestries of the Churches specified, and of the corporation respectively that the person has been nominated a member of the corporation shall be sufficient evidence of the appointment. (3) A member of the corporation, other than an ex officio member, shall vacate office- (a) if he shall fail to attend three successive meetings of the corporation; (b) if he ceases to reside in Hong Kong for six calendar months without leave from the corporation; or (c) at the expiration of one year from the date of his nomination, but shall be eligible for re-nomination. (4) A member of the corporation for the time being shall continue to act, in spite of the expiration of his term of office, until his successor shall have been appointed. Proceedings of the corporation (1) There shall be at least three ordinary meetings of the corporation in each year. (2) A special meeting of the corporation may be called by the Chairman at any time and shall be called at the request of at least three members of the corporation. (3) No meeting shall be valid unless at least six members of the corporation are present in person, of whom one is either a person nominated by the Synod of the Diocese of Hong Kong and Macao or the Chairman. (4) All meetings of the corporation shall be held in Hong Kong, either at the College or at such convenient place as shall be agreed upon by the corporation, or named in the notice convening the meeting. (5) The Chairman shall at every meeting or, in his absence, a Chairman elected from amongst those present shall preside. (6) At every meeting the Principal, as Secretary of the corporation, shall act as Secretary. In his absence the Acting Principal shall act as Secretary, or the meeting may appoint a Secretary from amongst those present. (7) The corporation may by resolution passed by two-thirds majority of the members present at any such meeting from time to time make and amend such regulations as they may at their discretion deem desirable for the administration of the corporation and the management of the premises and property of the corporation of whatever description: Provided that no amendment be made to regulation 3, 4, 5, or 6 except with the prior consent of the Diocesan Synod of the Diocese of Hong Kong and Macao, or of its Standing Committee. (8) All other business brought before the meeting shall be decided by a majority of votes of the members present and willing to vote, and in case of an equality of votes the Chairman of the meeting shall have a second or casting vote. (9) Minutes of the proceedings of every meeting of the corporation shall be entered in a book to be kept for that purpose and after confirmation signed by the Chairman of such meeting or of the following meeting, and shall when so entered and signed be prima facie evidence of the facts therein stated. (10) In the case of ordinary meetings, the Secretary of the corporation shall decide the date on which it will be held, and he shall send a notice to each member of the corporation at least seven days before the holding of the meeting. In the case of special meetings the Secretary shall likewise after receipt of the request aforesaid send a notice to each member of the corporation at least seven days before the holding of the meeting. Functions of the corporation The functions of the corporation shall be- (a) to provide and maintain all necessary buildings and lands, furniture, equipment and apparatus for the use of the College; (b) to take all measures necessary for raising funds and for carrying on the work and administering the affairs of the College and the corporation; (c) to recommend to the Bishop for the time being of Victoria, Hong Kong, a suitable candidate for the position of Principal of the College; (d) to appoint from amongst its members an Honorary Treasurer; (e) to appoint an auditor for auditing the accounts of the College; (f) to confirm all appointments of staff made by the Principal and to terminate such appointments; (g) to fix the salaries and emoluments of the Principal, assistant masters, clerks, servants and any other persons employed by the College; (h) to fix the scale of fees and other charges to be paid by the students; (i) to make, revoke and alter regulations for the procedure of the corporation and for the management of the corporation. The Principal (1) The Bishop for the time being of Victoria, Hong Kong, shall, upon the recommendation of the corporation, appoint, or terminate the appointment of the Principal, who shall be a member of the Chung Hua Sheng Kung Hui, or a Church in communion therewith. During the temporary absence of the Principal the corporation may appoint an Acting Principal who shall, while acting, be a member of the corporation. If the corporation shall have failed to recommend a person acceptable to the Bishop for the time being of Victoria, Hong Kong, as the Principal of the College within the period of six months from the date of vacancy of the post the Bishop for the time being of Victoria, Hong Kong, shall have the sole right to appoint the Principal to fill the vacancy. (2) The Principal, or in his absence the Acting Principal, shall be responsible for the appointment of all members of staff, such appointment being subject to confirmation by the corporation; and for the internal management and discipline of the College and shall present a report thereon to the corporation not later than November in each year. (3) The Principal, or in his absence the Acting Principal, shall be responsible for the payment of all receipts of the College into the credit of an account in an approved bank as soon as conveniently may be, and all cheques on this account shall be signed as may be directed from time to time by the corporation. (4) The corporation may at any time and from time to time delegate any of its powers and functions to the Principal. Managers and Supervisor (1) For the purposes of the Education Ordinance (Cap 279), the following members of the corporation shall be registered as Managers of the schools- (a) the Bishop for the time being of Victoria, Hong Kong; (b) the person for the time being occupying the position of Principal of the College; (c) the Vicar for the time being of the Parish in which the College is situated. (2) For the same purposes the Principal of the College shall also be registered as Supervisor of the schools. (3) The registered Managers and Supervisor are legally responsible to Government for the administration of the schools, but in any case in which they must act on behalf of the corporation, they must comply with the regulations and decisions of the corporation. Finance (1) The Honorary Treasurer shall be responsible for the general supervision of the finances. He shall arrange for the accounts to be audited by such person as shall be appointed for that purpose by the corporation and shall present a report thereon to the corporation as soon as possible after the close of the financial year. (2) In every year whenever possible the corporation shall set aside a sum to the credit of a reserve fund as provision for extension, maintaining or replacing buildings, or for unforeseen circumstances. Signature of document (1) All cheques drawn on the banking accounts of the corporation and all orders for payment, promissory notes, and other negotiable instruments made or issued by the corporation shall be signed by the Principal, or in his absence by the Acting Principal, and, in addition, either by the Treasurer of the corporation or the Secretary of the College, or by such other person or persons as the corporation shall from time to time appoint. (2) All other contracts and instruments entered into by the corporation in the ordinary course of business shall be signed by the Chairman and the Principal, or such other person or persons as the corporation shall from time to time appoint. Long title To make provision for the establishment of a trust fund to be known as the Emergency Relief Fund and for the due administration thereof and for purposes connected with the matters aforesaid. [15 June 1962] Preamble WHEREAS- (a) in response to appeals made from time to time, members of the public donated sums of money for the aid and relief of persons who suffered loss as a result of Typhoon Mary, the Hung Hom Valley Hill fire, the Yuen Long floods and the New Kowloon Squatter Area fire, and for the establishment of a fund for community relief; (b) sums of money have been paid thereout for the attainment of the objects of the funds referred to in the first recital and various balances remain; (c) it is considered expedient to establish a single fund to be applied for objects similar to and to include those referred to in the first recital and to vest the said balances together with any further sums which may be donated for these objects in the Director of Social Welfare Incorporated as trustee, and to provide for the administration of the said fund by a committee appointed for that purpose: (Amended 65 of 1973 s. 3) Short title Accounts Cost of administration of the fund This Ordinance may be cited as the Emergency Relief Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the committee appointed under section 5. Establishment and vesting of fund (1) There is hereby established a trust fund which is vested in the Director of Social Welfare Incorporated as trustee. The fund shall be known as the Emergency Relief Fund. (Amended 65 of 1973 s. 5) (2) The fund shall consist of the balances of the sums of money referred to in the preamble on 15 June 1962, together with such other moneys and assets as may from time to time be donated to or acquired by the trustee on the trusts hereinafter set out. Objects of the trust fund The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may advise for the following objects- (a) to make grants and loans to persons who appear to the committee to be in need thereof as a result of fire, flood, tempest,typhoon or other occurrence which has caused suffering or loss to an extent which, in the opinion of the committee, merits relief; (b) in the like circumstances to provide material assistance in whatever form appears to the committee to be just. Establishment of committee (1) There shall be established a committee to be known as the Emergency Relief Fund Committee. (Amended 65 of 1973 s. 6) (2) The committee shall consist of- (a) the Director of Social Welfare as ex officio member and chairman; (b) the Director of Housing as ex officio member; (c) the Director of Home Affairs, as ex officio member; (d) 2 or more other members not being public servants appointed by the Governor: Provided that the Director of Home Affairs and the Director of Housing, may each appoint a representative to perform their functions at any meeting. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 297 of 1982; 38 of 1988 s. 2; L.N. 262 of 1989; L.N. 621 of 1994) (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment, and may be re-appointed or removed by the Governor at his pleasure. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be 3 members. (5) The validity of any proceedings of the committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto. Control by committee Subject to the provisions of this Ordinance and the agreement of the trustee, the committee may determine all matters whatsoever touching the administration of the fund and the attainment of the objects thereof. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of such standing orders shall be furnished to the Chief Secretary and they shall be subject to disallowance, alteration or amendment by the Governor. (Amended L.N. 226 of 1976) (3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present, and, in case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. Appointment of officers (1) The committee may from time to time appoint, upon such salary and upon such terms as it may think proper, a secretary, a treasurer and such other officials as it may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise it on any point arising out of or in connection with the said trusts. (2) All salaries and fees of any person or persons so appointed or employed shall be paid by the trustee out of the fund. Investment of moneys The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise, subject, in the case of investments which are not trust investments, to the prior approval of the Financial Secretary and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 March in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 31 December next following the end of such period, or so soon thereafter as the Governor, in his absolute discretion, may allow. (Amended 38 of 1988 s. 3) Cost of administration of the fund The cost of the administration of the fund, other than the salaries and fees paid under the provisions of section 8(2), shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Long title To provide for the incorporation of the Council of St. Paul's Co-educational College. [29 June 1962] Short title This Ordinance may be cited as the Council of St. Paul's Co-educational College Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of the Council of St. Paul's Co-educational College approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Council of St. Paul's Co-educational College shall be a body corporate, and shall have the name of "The Council of St. Paul's Co-educational College", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate St. Paul's Co-educational College; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 14 of 1983 s. 2) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere within the British Commonwealth or in any Hong Kong or British Commonwealth government bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere within the British Commonwealth; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; and (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being, or for carrying into effect the provisions of this Ordinance. Members The corporation shall consist of such members as shall be provided by its constitution. Existing constitution to become constitution of corporation The constitution of the unincorporated Council of St. Paul's Co-educational College in operation at the commencement of this Ordinance shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 8 to sign deeds, documents and other instruments. (2) Notification in accordance with subsection (1) shall be made within 28 days of any amendment or change, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fees as may be payable under any enactment relating thereto. (4) The corporation shall pay such fee for registering any document with any public registry as may be payable under any enactment relating thereto. Sealing of deeds All deeds, documents and other instruments requiring the seal of the corporation shall be signed by the chairman and the secretary of the corporation or by such other person or persons as the corporation shall from time to time appoint and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the establishment of The Hong Kong Institution of Engineers and for matters connected therewith. [5 December 1975] Short title Constitution Particulars to be delivered to the Registrar of Companies Saving This Ordinance may be cited as The Hong Kong Institution of Engineers Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Constitution" (章程) means the constitution of the Institution referred to in section 10 for the time being in force; "Council" (理事會) means the Council of the Institution established under section 7; "Institution" (學會) means The Hong Kong Institution of Engineers incorporated by section 3; "member" (會員) means a person whose name is included in the Register of members for the time being of the Institution; "President" (會長) means the person referred to as President of the Institution in section 7 and any person acting as President in accordance with the provisions of the Constitution; "Register" (名冊) means the Register of members of the Institution kept in accordance with the Constitution; "Secretary" (秘書) means the secretary of the Institution appointed under the provisions of the Constitution; "Society" (協會) means the Engineering Society of Hong Kong registered as such under the Societies Ordinance (Cap 151); "year" (年度) shall mean the financial year of the Institution commencing on 1 April each year and ending on 31 March in the year following except that the period from the establishment of the Institution to 31 March next thereafter shall be deemed to be a financial year. Establishment of The Hong Kong Institution of Engineers (1) There is hereby established a corporation to be known as "The Hong Kong Institution of Engineers" which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. (2) The Institution shall have a common seal which shall not be affixed except pursuant to a resolution of the Council, and unless provided otherwise in the Constitution, in the presence of a member of the Council and of the Secretary, or such other person appointed in his place by the Council, each of whom shall sign his name. (3) Any document purporting to be duly executed under the common seal of the Institution authenticated in accordance with subsection (2) hereof shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Objects of the Institution The objects of the Institution are, subject to this Ordinance- (a) to promote the general advancement of the science and practice of engineering in all its disciplines and branches; (b) to maintain the integrity and status of the engineering profession and to represent it both to the public and to the Government; (c) to establish and operate technical groups, specialist sections, divisions or colleges within the Institution; (d) to encourage and foster a spirit of friendly collaboration amongst its members and with members of similar institutions or other professional bodies; (e) to hold meetings of the Institution for receiving communications for discussion on subjects bearing upon engineering or upon subjects relating thereto; (f) to facilitate the exchange of information and ideas in relation to various disciplines and branches of engineering and to publish and communicate to members information on all matters in connection with the profession of engineering; (g) to promote the acquisition of that species of knowledge which constitutes the profession of engineer including modern management methods; (h) to establish scholarships and grant prizes; (i) to discourage dishonourable conduct and practices arising in the engineering profession; (j) to do all such other things as are incidental or conducive to the attainment of the above objects as the Council may consider appropriate. Powers of the Institution Subject to this Ordinance the Council may, on behalf of the Institution, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institution, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, take on, lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) enter into any contract; (c) provide appropriate amenities for members; (d) employ staff; (e) provide residential accommodation for staff and visiting guests; (f) provide or contribute to pensions for staff; (g) act as trustee in relation to pension schemes and funds for scholarships and prizes; (h) borrow money in such manner and on such securities or terms as the Council deems appropriate or expedient; (i) apply for any grant in aid for the functions of the Institution on such conditions as the Council deems appropriate or expedient; (j) invest the funds of the Institution in such manner and to such extent as the Council thinks appropriate or expedient. Vesting of property On the commencement of this Ordinance, the Institution shall succeed to all property, rights, privileges, obligations and liabilities of the Society. Establishment of the Council (1) There is hereby established a Council to be known as the Council of The Hong Kong Institution of Engineers. (2) At the commencement of this Ordinance, the Council shall consist of the persons holding the offices of President, Vice-President, Honorary Secretary, Honorary Treasurer and Honorary Assistant Secretary of the Society immediately before the commencement of this Ordinance, and the persons who were members of the Committee of the Society immediately before the commencement of this Ordinance. (3) The persons specified in subsection (2) shall hold office until the election of officers and members of the Council at the first annual general meeting of the Institution or otherwise in accordance with the provisions of the Constitution. Powers of the Council The management of the Institution shall be vested in the Council and all the powers of the Institution shall be vested in and exercisable by the Council except so far as this Ordinance or the Constitution otherwise requires. Membership The members of the Institution shall be those persons whose names are included in the Register, being- (a) members of the Society at the commencement of this Ordinance; or (b) other persons elected to membership in accordance with the Constitution. Constitution (1) The Council shall, as soon as practicable after the commencement of this Ordinance, adopt a constitution for the Institution. (2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy. (3) The Constitution may be amended by the Institution at any time in accordance with its provisions. (4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Particulars to be delivered to the Registrar of Companies (1) Within 14 days after the commencement of this Ordinance the President shall deliver to the Registrar of Companies for registration- (a) notice of the address of the Institution; (b) a list containing the names and addresses of the members of the Council; (c) the name and address of the Secretary. (2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy. (3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration. (4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institution on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration. (5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be prescribed under section 305 of the Companies Ordinance (Cap 32) for the inspection of a document. (6) The Institution shall pay such fees for registering any document under this section as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Institution were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the management of the Yan Chai Hospital and for the incorporation of the Board of Directors of the Hospital. [12 October 1962] Short title Saving This Ordinance may be cited as the Yan Chai Hospital Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Board of Directors" (董事局) means the Board of Directors for the time being of the hospital; "constitution" (章程) means the constitution of the hospital; "hospital" (醫院) means the Yan Chai Hospital. Establishment of Board of Directors and approval of constitution (1) There shall be established a Board of Directors of the hospital, which shall consist of such persons, not being less than 15 nor more than 40 in number, as may be nominated by the Secretary for Health and Welfare. (2) The Secretary for Health and Welfare may at any time remove from office any person nominated under subsection (1), and may nominate some other person to fill the vacancy caused by the removal of such person from office. (3) The Secretary for Health and Welfare shall approve a constitution, which shall thereafter govern, subject to the provisions of this Ordinance, all matters concerning the appointment, resignation or removal of members of the Board of Directors and all other matters concerning the financing, construction and management of the hospital. (4) A copy of the constitution, signed by the chairman of the Board of Directors, shall be filed with the Registrar of Companies. Incorporation The Board of Directors, hereinafter called the corporation, shall be a body corporate subject to the constitution and shall have perpetual succession in the name of the "Yan Chai Hospital", and in that name may sue and be sued and shall have and may use a common seal. Powers of the corporation (1) The corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate in Hong Kong, and also to invest money on mortgage of any lands, buildings, debentures, stocks, funds, shares or securities of any corporation or company carrying on business or having an office in Hong Kong and also to purchase and acquire all goods and chattels of what nature or kind soever. (Amended 74 of 1974 s. 3; 68 of 1995 s. 2) (2) The corporation shall further have power to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages or tenements, mortgages, debentures, stocks, shares, securities, goods or chattels vested in the corporation on such terms as to the corporation may deem fit. (3) The powers conferred by this section shall only be exercised for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting or furthering the work of the corporation as specified in the articles of the constitution. Amendment of constitution (1) The corporation may from time to time amend the constitution by resolution passed by a majority of not less that three-quarters of the directors for the time being: Provided that the consent in writing of the Secretary for Health and Welfare shall be obtained prior to the introduction of any such resolution. (Amended L.N.370 of 1981; L.N.14 of 1983; L.N.18 of 1983) (2) A copy, signed by the chairman of the Board of Directors, of every such amendment shall within 7 days after the passing of the resolution effecting the same be filed with the Registrar of Companies. Executive committee The constitution shall make provision for the appointment of an executive committee, which shall be responsible for the day to day administration of the hospital; and the corporation shall be deemed to have delegated to such executive committee upon appointment in accordance with the constitution such of its powers and functions as are necessary to enable such committee to carry on efficiently such day to day administration and may in addition thereto delegate to such committee such other of its powers and functions as it may consider appropriate. Use of common seal Any deed, document or other instrument requiring the seal of the corporation shall be sealed with its common seal in the presence of 2 members of the Board of Directors and shall also be signed by them and such signing shall be taken as sufficient prima facie evidence of the due sealing of such deed, document or other instrument. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of the Prior in Hong Kong of the Order of Cistercians of the Strict Observance. [25 April 1963] Short title This Ordinance may be cited as the Prior of the Order of Cistercians of the Strict Observance Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "corporation" (法團) means the body incorporated by section 3. Incorporation The Prior for the time being in the Colony of the Order of Cistercians of the Strict Observance shall be a corporation sole and shall have the name of "The Prior in Hong Kong of the Order of Cistercians of the Strict Observance", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation (1) The corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages, or tenements of what nature or kind soever and wheresoever situate, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation, company or person and also to purchase, acquire and possess vessels and other goods and chattels of what nature and kind soever: Provided that the corporation shall not acquire any immovable property in the Colony unless it has previously obtained the special consent of the Governor in Council in each case. (2) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities or vessels or other goods and chattels, which are for the time being vested in or belong to the corporation upon such terms as to the corporation may seem fit. Succession The legal estate in any property whatsoever transferred to the corporation in any manner whatsoever shall, in the event of the death of the Prior for the time being in Hong Kong of the Order of Cistercians of the Strict Observance or in the event of his ceasing to hold office as such Prior, pass to his successor in such office when appointed. Appointment to office of Prior (1) Whenever any person is appointed to the office of Prior in Hong Kong of the Order of Cistercians of the Strict Observance, such person shall, within three weeks after his appointment or within such further time as may be allowed by the Governor, furnish to the Governor evidence of his appointment as shall be acceptable to the Governor. (2) A notification in the Gazette under the hand of the Chief Secretary that such evidence has been furnished to and accepted by the Governor by such person shall be conclusive evidence of such appointment. (Amended L.N. 226 of 1976) Use of seal All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of the Prior or his attorney and shall be signed by him or his attorney and such signing shall be sufficient evidence of the due sealing of such deeds and other instruments and all deeds, instruments and other documents and writings requiring the signature of the corporation shall be signed by the Prior or his attorney. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of the Hong Kong Conference of Youth Organizations. [25 April 1963] Short title This Ordinance may be cited as the Hong Kong Conference of Youth Organizations Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "chairman" (主席) means the chairman of the corporation appointed in accordance with the regulations of the Hong Kong Conference of Youth Organizations; "corporation" (法團) means the Hong Kong Conference of Youth Organizations incorporated under section 3; "regulations" (規例) means the regulations of the Hong Kong Conference of Youth Organizations approved from time to time by its members for the time being in accordance with the regulations for the time being in operation. Incorporation The members of the Hong Kong Conference of Youth Organizations shall be a body corporate and shall have the name "Hong Kong Conference of Youth Organizations", and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal and may from time to time, break, change, alter and make anew the said seal as the corporation may deem fit. Power of corporation The corporation shall have full power- (a) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (b) to acquire, by purchase or otherwise, goods and chattels of what nature or kind soever; (c) to invest moneys on deposit in any bank in the Colony or in any Government bonds or on mortgage of any lands, buildings, messuages or tenements in the Colony or in or on debentures, debenture-stocks, funds, shares or securities of any corporation or company carrying on business in the Colony; (d) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any lands, or buildings, messuages, tenements, mortgages, debentures, debenture-stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (e) to erect any buildings, messuages or tenements and effect any improvement thereto; (f) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; and (g) generally, to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its regulations or the purposes aforesaid or any of them. Members The corporation shall consist of such members as shall be provided by its regulations. Registration with the Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the principal office of the corporation and any change thereto; (b) a copy of the regulations and any amendment thereto, certified as correct by the chairman; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman; and (d) the name and address of any person appointed under section 7 to sign deeds, documents and other instruments. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any amendment or change, as the case may be. (3) Any person may inspect any of the documents registered under this section. (4) A fee of $5 shall be payable for registering any document under this section. (5) A fee of $1 shall be payable for inspecting the documents filed with the Registrar of Companies under this Ordinance. Sealing of deeds, documents and other instruments All deeds, documents and other instruments requiring the seal of and sealed by the corporation shall be signed by the chairman and secretary of the corporation or by the chairman or secretary and such other member as the corporation may appoint or by two other members as the corporation may appoint, and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Existing regulations to be regulations of corporation The regulations of the unincorporated Hong Kong Conference of Youth Organizations in operation at the commencement of this Ordinance shall be the regulations of the corporation, but the same may be changed or amended by the corporation at any time and from time to time in accordance with the provisions of the regulations for the time being in operation. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To repeal and replace The Chinese University of Hong Kong Ordinance, to repeal the Chung Chi College Incorporation Ordinance, the Board of Trustees of The United College of Hong Kong Incorporation Ordinance and the New Asia College Incorporation Ordinance and to make new provision concerning the Chung Chi College, The United College of Hong Kong and the New Asia College, to make provision for Shaw College, and for purposes connected therewith. [24 December 1976] Preamble WHEREAS- (a) The Chinese University of Hong Kong was established and incorporated in 1963 by The Chinese University of Hong Kong Ordinance (Cap 1109 1965 Ed.) as a University with a federal constitution; (b) the original Colleges of the University are Chung Chi College, New Asia College and The United College of Hong Kong; (Replaced 59 of 1986 s. 4) (c) it is considered desirable that some of the powers and functions conferred on the said Colleges under their respective constitutions and Ordinances should be vested in The Chinese University of Hong Kong and that the principal role of the said Colleges be the provision of student-orientated teaching under the direction of The Chinese University of Hong Kong; (d) it is also considered desirable to make certain alterations in the constitution of The Chinese University of Hong Kong; (da) the Council of the University has, by special resolution, resolved that Shaw College shall be a constituent College of the University; (Added 59 of 1986 s. 4) (e) it is declared that The Chinese University of Hong Kong, in which the principal language of instruction shall be Chinese, shall continue to- (i) assist in the preservation, dissemination, communication and increase in knowledge; (ii) provide regular courses of instruction in the humanities, the sciences and other branches of learning of a standard required and expected of a University of the highest standing; (iii) stimulate the intellectual and cultural development of Hong Kong and thereby to assist in promoting its economic and social welfare: Short title Committees Appointment of staff Faculties, etc. Statutes Decrees and regulations Degrees and other awards Honorary Degrees Committee Execution and authentication of documents Crown rent (Omitted as spent) This Ordinance may be cited as The Chinese University of Hong Kong Ordinance. Definitions Repeals Repeal of The Chinese University of Hong Kong Ordinance and the Statutes Savings and transitional (1) In this Ordinance, unless the context otherwise requires- "approved course of study" (認可課程) means a course of study approved by the Senate; "Assembly of Fellows" (院務委員會) means the Assembly of Fellows of a constituent College; (Amended 59 of 1986 s. 4) "Board of Trustees" (書院校董會) means the Board of Trustees of a constituent College; (Amended 59 of 1986 s. 4) "Chancellor" (監督), "Pro-Chancellor" (副監督), "Vice-Chancellor" (校長), "Pro-Vice-Chancellors" (副校長) and "Treasurer" (司庫) respectively mean the Chancellor, Pro-Chancellor, Vice-Chancellor, Pro-Vice-Chancellors and the Treasurer of the University; "constituent College" (成員書院) means a constituent College of the University as provided by section 3 and "constituent Colleges" (各成員書院) shall be construed accordingly; (Replaced 59 of 1986 s. 4) "Council" (大學校董會), "Senate" (教務會), "Convocation" (評議會), "Faculties" (學院), "Schools of Studies" (專業學院) and "Boards of Studies" (學務委員會) respectively mean the Council, Senate, Convocation, Faculties, Schools of Studies and Boards of Studies of the University; "Fellow" (院務委員) means a Fellow of a constituent College; (Amended 59 of 1986 s. 4) "graduates" (畢業生) and "students" (學生) respectively mean the graduates and students of the University; "Head" (書院院長) means the Head of a constituent College; (Amended 59 of 1986 s. 4) "members" (成員) means such persons as are prescribed by the Statutes to be members of the University; "officers" (主管人員) means the officers of the University as provided by section 5; "original College" (原有書院) means any of the following- (a) Chung Chi College; (b) The United College of Hong Kong; (c) New Asia College; (Added 59 of 1986 s. 4) "precincts" (院校範圍) means, in relation to the University, the boundaries of Lot No. 725 in Demarcation District 42; "repealed Ordinance" (已廢除條例) means The Chinese University of Hong Kong Ordinance (Cap 1109 1965 Ed.) repealed by section 21; "Statutes" (規程) means the Statutes of the University contained in Schedule 1 as the same may from time to time be amended or replaced under section 13(1); "teacher" (教師) means a member of the full-time teaching staff of the University of the rank of Assistant Lecturer and above; "University" (香港中文大學) means The Chinese University of Hong Kong (香港中文大學) continued under section 4. (2) A special resolution is a resolution passed at one meeting of the Council and confirmed at a subsequent meeting held not less than 1 month nor more than 6 months thereafter and which is approved at each such meeting by- (a) not less than three-fourths of those present and voting; and (b) not less than half the whole membership of the Council. University to have constituent Colleges (1) The constituent Colleges of the University are the original Colleges, Shaw College and such other institutions as may from time to time by Ordinance, in accordance with a special resolution of the Council, be declared to be constituent Colleges of the University. (Amended 59 of 1986 s. 4) (2) No provision in the constitution of any constituent College shall be of effect if it is in conflict with or inconsistent with this Ordinance. (Amended 59 of 1986 s. 4) (3) No person shall be excluded from being a member of the University by reason of sex, race or religion. Continuation of incorporation of the University (1) The constituent Colleges and members of the University shall be or continue to be a body corporate called The Chinese University of Hong Kong (香港中文大學) which shall be the same University as that established by The Chinese University of Hong Kong Ordinance 1963 (28 of 1963). (Amended 59 of 1986 s. 4) (2) The University shall have perpetual succession and may sue and be sued in that name and shall have and may use a common seal and may take by gift or otherwise purchase and hold, grant, demise or otherwise dispose of real or personal estate. (3) No dividend or bonus shall be paid and no gift or division of money shall be made by or on behalf of the University to any of its members except by way of prize, reward or special grant. Officers (1) The officers of the University shall be the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice-Chancellors, the Treasurer, the Head of each constituent College, the Dean of each Faculty and of the Graduate School, the Secretary, the Registrar, the Librarian, the Bursar and such other persons as may by special resolution be designated as officers. (Amended 59 of 1986 s. 4) (2) The Chancellor shall be the head of the University and may confer degrees in the name of the University. (3) The Governor shall be the Chancellor. (4) The Chancellor may appoint a person to be the Pro- Chancellor of the University; and the Pro-Chancellor shall exercise such powers and perform such duties as may be prescribed in the Statutes. (5) The Vice-Chancellor shall be the chief academic and administrative officer of the University and shall be a member of the Council and the Chairman of the Senate, and may confer degrees in the name of the University. (6) The Council shall appoint, after consultation with the Vice-Chancellor, one or more Pro-Vice-Chancellors from among the regular staff of the University to exercise such powers and perform such duties as the Council may direct. (7) A Pro-Vice-Chancellor shall carry out all the functions and duties of the Vice-Chancellor in the absence of the Vice-Chancellor, except that he may not confer degrees. (8) The manner and period of appointment of the Treasurer shall be prescribed by the Statutes, and his duties shall be such as the Council may determine. Provision for Council, Senate and Convocation There shall be a Council, a Senate and a Convocation whose respective constitutions, powers and duties shall be as prescribed by this Ordinance and the Statutes. Powers and duties of the Council Subject to this Ordinance and the Statutes, the Council shall- (a) be the governing and executive body of the University; (b) have the management and control of the affairs, purposes and functions of the University; (c) have the control and management of the property and financial affairs of the University including the property of the constituent Colleges, but in the exercise of such power of control and management in respect of any immovable property of any constituent College the Council shall not alter the use of any such property without the prior consent of the Board of Trustees of the constituent College concerned; (Amended 59 of 1986 s. 4) (d) make such University appointments as it thinks proper; (e) have power to approve the fees charged by the University in respect of approved courses of study; (f) provide for the custody and use of the University's seal. Powers and duties of Senate Subject to this Ordinance and the Statutes and subject also to review by the Council, the Senate shall have the control and regulation of- (a) instruction, education and research; (b) the conducting of examinations for students; (c) the award of degrees other than degrees honoris causa; (d) the award of diplomas, certificates and other academic distinctions of the University. Composition and function of the Convocation Subject to this Ordinance and the Statutes, the Convocation shall consist of the graduates and such other persons as may be prescribed by the Statutes and may make representations to the Council and the Senate upon any matters affecting or concerning the interests of the University. Committees (1) The Council and the Senate may establish such committees as they think fit. (2) Unless otherwise provided, any committee may consist partly of persons who are not members of the Council or the Senate, as the case may be. (3) Subject to this Ordinance and the Statutes, the Council and the Senate may, subject to such conditions as they may impose, delegate any of their powers and duties to any Board or committee or to any officer. (4) Any committee established under this section may make such Standing Orders, including provision allowing a casting vote to the chairman thereof, for the conduct of meetings as it thinks fit. Appointment of staff Subject to this Ordinance and the Statutes, the Council shall appoint, on such terms and conditions as it thinks fit, the staff of the University. Faculties, etc. (1) The Council may establish such Faculties, Schools of Studies and other institutions as it thinks fit. (2) The Council, on the recommendation of the Senate, may form such institutions for the promotion of study and learning as the Council may from time to time determine. (3) The Senate may establish such Boards of Studies as it may from time to time determine. Statutes (1) The Council may by special resolution make Statutes, subject to the approval thereof by the Chancellor, prescribing or providing for- (a) the administration of the University; (b) the membership of the University; (c) appointments, elections, resignation and retirement and removal of officers and teachers of the University; (d) examinations; (e) the conferring of degrees and the award of other academic distinctions; (f) the composition, powers and duties of the Council and the Senate; (g) the Faculties and Schools of Studies, their membership and functions; (h) the Boards of Studies, their membership and functions; (i) the Convocation; (j) the exercise of any function by the University, the Council, the Senate, the Chancellor, the Pro-Chancellor, the Vice- Chancellor, the Pro-Vice-Chancellors, other officers, teachers and other members; (k) financial procedure; (l) fees payable to the University as a condition of admission to any examinations held by the University or for the conferring of any of the degrees of the University or for the award of any diploma or certificate or other academic distinction or for attendance at a University Extension Course or any similar purpose; (m) the admission, welfare and discipline of students; and (n) generally, the carrying into effect of this Ordinance. (2) The Statutes contained in Schedule 1 shall have effect as if made and approved under subsection (1). Decrees and regulations Subject to this Ordinance and the Statutes, the Council and the Senate may from time to time make decrees and regulations respectively to direct and regulate the affairs of the University. Degrees and other awards The University may- (a) confer such degrees as may be specified in the Statutes; (b) award diplomas and certificates and such other academic distinctions as may be specified in the Statutes; (c) provide such lectures and instruction for persons not being members of the University as the University may determine; (d) confer degrees honoris causa of Master or Doctor in accordance with the Statutes; and (e) subject to the Statutes, deprive any person of any degree conferred or diploma, certificate or other academic distinction awarded by the University. Honorary Degrees Committee There shall be an Honorary Degrees Committee which shall be constituted as provided by the Statutes for the purpose of advising the Council with regard to the award of degrees honoris causa. Execution and authentication of documents Any instrument purporting to be executed under the seal of the University and signed by the Chancellor, Pro-Chancellor, Vice-Chancellor, a Pro-Vice-Chancellor or Treasurer and countersigned by the Secretary shall be received in evidence upon its production without further proof and shall, unless the contrary is proved, be deemed to be an instrument so executed. Crown rent Rent payable to the Crown in respect of all land granted to the University by the Crown shall be limited in total to $10 a year. Repeals (1) The Chung Chi College Incorporation Ordinance (Cap 1081 1964 Ed.), the Board of Trustees of the United College of Hong Kong Incorporation Ordinance (Cap 1092 1964 Ed.) and the New Asia College Incorporation Ordinance (Cap 1118 1967 Ed.) are repealed. (2) Schedule 3 shall have effect with respect to the constitution and powers of the Boards of Trustees of the original Colleges. (Amended 59 of 1986 s. 4) (3) Schedule 4 shall have effect with respect to the constitution and powers of the Board of Trustees of Shaw College. (Added 59 of 1986 s. 4) Repeal of The Chinese University of Hong Kong Ordinance and the Statutes The Chinese University of Hong Kong Ordinance (Cap 1109 1965 Ed.) and the Statutes of The Chinese University of Hong Kong (Cap 1109 sub. leg. 1968 Ed.) are repealed. Savings and transitional (1) The Council and Senate appointed under the repealed Ordinance shall continue to be the Council and the Senate of the University until a new Council and Senate are constituted under the Statutes. (2) No other appointment made under the repealed Ordinance shall be affected by the repeal but shall, unless otherwise varied, continue on the same terms and conditions as if this Ordinance had not been enacted. (3) All property, whether movable or immovable, rights and privileges vested in the University immediately prior to the commencement of this Ordinance shall continue to be vested in the University on the terms and conditions, if any, on which the same were then vested at that date, and the University shall continue to be subject to the obligations and liabilities to which it was subject immediately prior to the commencement of this Ordinance. (4) Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Added 59 of 1986 s. 4) STATUTES OF THE CHINESE UNIVERSITY OF HONG KONG [sections 2 & 13(2)] STATUTE 1 INTERPRETATION In these Statutes, unless the context otherwise requires- "College" (書院) means a constituent College of the University as provided by section 3 and "Colleges" (各書院) shall be construed accordingly; (59 of 1986 s. 4) "Dean" (院長) means the Dean of a Faculty or of the Graduate School, as the case may be; (L.N. 101 of 1995) "Department" (學系) means a Department of a Faculty established by the Council on the recommendation of the Senate and "Departments" (各學系) shall be construed accordingly; (L.N. 452 of 1994) "Graduate School" (研究院) means the Graduate School of the University; (L.N. 101 of 1995) "Ordinance" (條例) means The Chinese University of Hong Kong Ordinance (Cap 1109). STATUTE 2 CONGREGATIONS 1. The time, place and procedure of the Congregations of the whole University shall be determined by the Chancellor. 2. The Chancellor, or in his absence, the Pro-Chancellor or, in the absence of both of them, the Vice-Chancellor, shall preside at Congregations. 3. At least one Congregation shall be held in each academic year. STATUTE 3 MEMBERS OF THE UNIVERSITY The members of the University shall be- (a) the Chancellor; (b) the Pro-Chancellor; (c) the Vice-Chancellor; (d) the Pro-Vice-Chancellors; (e) the Treasurer; (f) the members of the Council; (g) the Heads of the Colleges; (h) the members of the Senate; (i) Emeriti, Honorary and Research Professors; (j) the teachers; (k) the Secretary, Registrar, Librarian and Bursar; (ka) the University Dean of Students; (L.N. 251 of 1988; L.N. 114 of 1991) (l) such other persons holding such other offices or appointments at or made by the University as the Council may from time to time determine; (m) the graduates and such other persons as are entitled in accordance with Statute 18 to have their names placed upon the Convocation roll; (n) the students. STATUTE 4 THE CHANCELLOR 1. The Chancellor, when present, shall preside at Congregations of the University. 2. The Chancellor shall be entitled- (a) to call for information in regard to any matter relating to the welfare of the University from the Vice-Chancellor and the Chairman of the Council, whose duty it shall be to provide such information; and (b) on the receipt of such information to recommend to the Council such action as he deems proper. STATUTE 5 THE PRO-CHANCELLOR 1. The Pro-Chancellor may, on the authorization of the Chancellor and on his behalf, exercise any of the powers or perform any of the duties conferred or imposed on the Chancellor by the Statutes. 2. The Pro-Chancellor may resign by written notice addressed to the Chancellor. STATUTE 6 THE VICE-CHANCELLOR 1. The Vice-Chancellor shall be appointed by the Council after receiving the advice of a committee established by the Council and composed of the Chairman of the Council, 3 members nominated by the Council from among its number and 3 members nominated by the Senate from among its number. 2. The Vice-Chancellor shall hold office for such period and on such terms as may be determined by the Council. 3. The Vice-Chancellor shall- (a) have the right and duty to advise the Council on any matter affecting the policy, finance and administration of the University; (b) be generally responsible to the Council for the maintenance of the efficiency and good order of the University and for ensuring the proper enforcement of the Statutes, decrees and regulations; (c) report to the Senate at its next meeting if he has suspended or expelled any student; (d) have power to appoint a person to discharge the functions and duties of the Pro-Vice-Chancellors, a Dean of a Faculty, the Chairman of a Department, the Secretary, Registrar, the Librarian or the Bursar during a temporary vacancy in any such appointment or during the temporary absence or inability of the holder of any such appointment; (L.N. 452 of 1994) (e) have power in case of emergency to appoint external examiners. STATUTE 7 THE PRO-VICE-CHANCELLORS A Pro-Vice-Chancellor shall hold office for 2 years and may be re-appointed for further periods not exceeding 2 years. STATUTE 8 THE TREASURER The Treasurer shall be appointed by the Council and shall hold office for 3 years, and may be re-appointed and when he is re-appointed he shall hold office for a further period or periods of 3 years. STATUTE 9 THE HEADS OF COLLEGES 1. The Head of each College, other than the first Head, shall be appointed or re-appointed by the Council on the recommendation of a committee consisting of- (a) the Vice-Chancellor, who shall be Chairman; (b) one member of the Board of Trustees of the College for which the Head is to be appointed or re-appointed, elected by the Board; and (c) 6 Fellows of that College elected under paragraph 6(b) of Statute 16 for the purpose by the Assembly of Fellows of that College. 2. The first Head of each College shall be appointed by the Council on the recommendation of the Vice-Chancellor in consultation with the Chairman of the Board of Trustees of the College concerned for such term as the Council shall determine. 3. The Head of a College, other than the first Head, shall be appointed for a period of 4 years and shall be eligible for re-appointment for a maximum of 2 further periods, each of 3 years. 4. The Head of a College shall be responsible for the welfare of the College and the students assigned to it and shall collaborate closely with the Vice-Chancellor in the conduct of the College and its work. 5. The Head of a College shall be the Chairman of the Assembly of Fellows of that College. 6. A Head of a College shall be an academic, but need not be on the academic staff of the University at the time of his appointment. STATUTE 10 THE SECRETARY AND OTHER OFFICERS 1. The Secretary- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall be the custodian of the common seal of the University; (c) shall be with the Registrar, the joint custodian of the records of the University; (d) shall be the Secretary of the Council; (e) shall discharge such duties as are specified in the Ordinance and Statutes and such other duties as may be determined by the Council. 2. The Registrar- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall keep a register of all members of the University under their respective qualifications as specified in Statute 3; (c) shall be, with the Secretary of the Council, the joint custodian of the records of the University; (d) shall be the Secretary of the Senate; (e) shall discharge such duties as are specified in the Ordinance and Statutes and such other duties as may be determined by the Council and Senate; (f) may exercise his functions as Secretary of the Boards of the Faculties by deputy. 3. The Librarian- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall be responsible for administering the library services of the University; (c) shall discharge such duties as may be determined by the Council after consultation with the Senate. 4. The Bursar- (a) shall be appointed by the Council on the recommendation of a Board of Advisers; (b) shall be responsible for the keeping of all University accounts and such inventories as the Council may determine; (c) shall discharge such other duties in connection with University finance and otherwise as may be determined by the Council; (d) shall be Secretary of the Finance Committee. 5. The University Dean of Students- (L.N. 114 of 1991) (a) shall be appointed by the Council on the recommendation of the Vice-Chancellor; (b) shall hold office for such period as may be determined by the council; (c) shall be responsible to the Vice-Chancellor for such duties in Council; (d) may be designated as an officer. (L.N. 251 of 1988) STATUTE 11 THE COUNCIL 1. The Council shall consist of- (a) the Chairman, who shall be appointed by the Chancellor on the nomination of the Council from persons under subparagraphs (k), (l), (m) and (n); (b) the Vice-Chancellor; (c) the Pro-Vice-Chancellors; (d) the Treasurer; (da) life members appointed by the Council; (L.N. 31 of 1981) (e) 2 members elected by the Board of Trustees of each College from among its own members; (f) the Head of each College; (g) the Dean of each Faculty and of the Graduate School; (h) one Fellow of each College elected by the College's Assembly of Fellows; (i) 3 members elected by the Senate from among the academic members of the Senate; (j) (Repealed L.N. 481 of 1997) (k) 6 persons nominated by the Chancellor; (L.N. 481 of 1997) (l) 3 persons elected by the Unofficial Members of the Legislative Council, other than Official Members, from among their own number; (67 of 1987 s. 2) (m) not more than 6 other persons, normally resident in Hong Kong; who shall be elected by the Council; (L.N. 481 of 1997) (n) after a date to be appointed by the Council, such number of members of the Convocation not exceeding 3 as shall be determined by the Council from time to time, to be elected by the Convocation in the manner determined by the Council. 2. (1) Persons who hold appointments in the University shall not be eligible for nomination or election under paragraph 1(k), (l), (m) or (n). (2) (Repealed L.N. 481 of 1997) 3. The Chairman of the Council shall hold office for 3 years and may be re-appointed for further periods of 3 years. 4. (1) The nominated and elected members of the Council shall hold office for 3 years from the date of their nomination or election and shall be eligible for re-nomination or re-election: Provided that a member elected under subparagraphs (e), (h), (i), (l) or (n) of paragraph 1 shall cease to be a member of the Council if he ceases to be a member of the body from among whose members he was elected. (L.N. 438 of 1993) (1A) If an elected member of the Council ceases to be a member under the proviso to subparagraph (1), the body which elected him shall duly elect a successor whose membership of the Council shall be for a period not exceeding 3 years. The successor shall be eligible for re-election to which subparagraph (2) shall apply. (L.N. 438 of 1993) (2) A body re-nominating or re-electing a member may re-nominate or re-elect, as the case may be, such member for a period of 3 years or for a period of less than 3 years. (L.N. 20 of 1988) 5. Should a nominated or elected member of the Council die or resign during his period of membership, the body which nominated or elected him shall duly nominate or elect, as the case may be, a successor whose membership of the Council shall be for the unexpired period of membership of his predecessor. Such successor shall be eligible for re-nomination or re-election, and paragraph 4(2) shall apply thereto. (L.N. 20 of 1988) 6. Members of the Council whose membership derives from paragraph 1(b), (c), (d), (f) and (g) shall remain members of the Council for so long as they hold the office or appointment by reason of which they became members of the Council. 7. The Council shall elect from among its members a Vice-Chairman who shall hold office for a period of 2 years and who may be re-elected. 8. Subject to the Ordinance and the Statutes and without derogating from the generality of its power, it is specifically prescribed- (1) that the Council shall have the power- (a) to make Statutes, provided that no Statute shall be made until the Senate shall have had an opportunity of reporting thereon to the Council; (b) to make decrees for any purpose for which decrees are or may be authorized to be made, provided that no decree shall be made until the Senate shall have had an opportunity of reporting thereon to the Council; (c) to invest any money belonging to the University; (d) to borrow money on behalf of the University; (e) to sell, buy, exchange, lease or accept leases of any real or personal property on behalf of the University; (f) to enter into, vary, perform and cancel contracts on behalf of the University; (g) to require the Board of Trustees of each College annually to produce its audited accounts in such form and at such time as the Council may determine; (h) to receive from public sources grants for capital and recurrent expenditure; (i) to receive annually and for such longer periods as the Council may determine from time to time from the Vice-Chancellor, after he has consulted the Senate, and to approve, estimates of expenditure; (j) to receive gifts and to approve, subject to such conditions as the Council thinks fit, the receipt of gifts by the Colleges; (k) to provide for the welfare of persons employed by the University and the wives, widows and dependants of such persons, including the payment of money, pensions, or other payments and to subscribe to benevolent and other funds for the benefit of such persons; (l) to provide for the discipline and welfare of students; (m) to recommend the award of degrees honoris causa; (n) after report from the Senate to establish additional Faculties or Departments or to abolish, combine or subdivide any Faculty or Department; (L.N. 452 of 1994) (na) on the recommendation of the Senate, to determine the organization or structure of each Faculty and its Departments and to make such alterations to such organization or structure as deemed fit by the Council; (L.N. 452 of 1994) (o) to prescribe fees of the University; (2) that it shall be the duty of the Council- (a) to appoint bankers, auditors and any other agents whom it deems expedient to appoint; (b) to appoint an Administrative and Planning Committee; (c) to cause proper books of account to be kept for all sums of money received and expended by the University and for the assets and liabilities of the University so that such books give a true and fair statement of financial transactions and position of the University; (d) to cause the accounts of the University to be audited within 6 months after the termination of each financial year as the Council may determine; (e) to provide the buildings, libraries, laboratories, premises, furniture, apparatus and other equipment needed for the University; (f) in consultation with the Senate to encourage and provide for research by members of the University; (g) to review the instruction and teaching in courses of study leading to degrees, diplomas, certificates and other awards of the University; (h) after consultation with the Senate, to institute all teaching posts; (i) to administer or cause to be administered a Superannuation Fund or Funds for the benefit of persons employed by the University; (j) to establish Boards of Advisers and to appoint external experts thereto on the recommendation of the Senate; (k) to appoint on such terms and conditions as the Council may determine each Professor, Reader and Senior Lecturer and the Secretary, the Registrar, the Librarian and the Bursar on the recommendation of duly constituted Boards of Advisers; (l) to make, on such terms and conditions as the Council may determine, such other University appointments as the Council deems necessary; (m) on the recommendation of the Senate, to appoint a Chairman for each Department and a Director of Studies for each academic subject not subsumed under a Department; (L.N. 452 of 1994) (n) to appoint external examiners on the recommendation of the Senate; (o) to provide for the printing and publication of works which may be issued by the University; and (p) to consider reports from the Senate, and if the Council deems it proper to do so, to take action thereon. 9. The Council shall meet at least 3 times in each academic year and additionally on the written request of the Chairman of the Council or the Vice-Chancellor or any 5 members of the Council. 9A. The Council may transact any of its business by circulation of papers, and unless the Vice-Chancellor or 5 members of the Council in writing request the Chairman of the Council to refer any particular item of the business being so transacted to the next meeting of the Council, a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. (L.N. 256 of 1998) 10. 7 days' notice in writing of any meeting of the Council shall be sent by the Secretary to each person entitled to receive notice of the meeting with the agenda thereof, and no business not included in the agenda shall be transacted if the Chairman or any 2 members present object. 11. The Council may make for the proper conduct of its business Standing Orders which it may amend or rescind by simple majority at any of its meetings provided that not less than 7 days' notice has been given in writing by the Secretary to members of the Council of the proposal so to amend or rescind. 12. The quorum at any meeting of the Council shall be 12. STATUTE 12 FINANCIAL PROCEDURE 1. The Council shall fix the financial year. 2. There shall be a Committee of the Council known as the Finance Committee, which shall consist of- (a) the Treasurer, who shall be Chairman; (b) the Vice-Chancellor or his representative; (c) the Head of each College; and (d) 3 other persons, including persons who are not members of the Council, as the Council shall appoint. There shall be referred to the Finance Committee all matters within the jurisdiction of the Council which have important financial implications. 3. The Finance Committee shall submit to the Council, before the beginning of the financial year, draft estimates of income and expenditure of the University and such estimates, amended as the Council may think fit, shall be approved by the Council before the beginning of the financial year. 4. The estimates shall show the income and expenditure of the University and the estimated surplus or deficit for the year. The estimated expenditure shall be shown under votes, heads and (where applicable) sub-heads. Any transfer between votes or heads shall require the sanction of the Finance Committee. Any transfer between sub-heads shall require the sanction of the Vice-Chancellor and the Treasurer, with the exception of transfers between sub-heads solely concerning a College, which shall require the sanction of the Head of that College, subject to any rules and directions that the Finance Committee may issue. 5. The Finance Committee shall report to the Council, at such times as the Council may determine, any transfer between votes or heads. The Council may revise the estimates during the course of the financial year. 6. As soon as practicable after the end of the financial year, a balance sheet and income and expenditure account with supporting schedules shall be submitted to the auditors. 7. The audited accounts, with any comments thereon made by the auditors, shall be submitted to the Council. 8. Nothing in this Statute shall deprive the Council of power to invest surpluses or prospective surpluses at any time. STATUTE 13 THE ADMINISTRATIVE AND PLANNING COMMITTEE 1. There shall be a Committee of the Council known as the Administrative and Planning Committee, which shall consist of- (a) the Vice-Chancellor, who shall be the Chairman; (b) the Pro-Vice-Chancellors; (c) the Head of each College; (d) the Dean of each Faculty and of the Graduate School; (e) the Secretary; (f) the Registrar; and (g) the Bursar. The Secretary or his deputy shall serve as secretary of the Committee. 2. Subject to the Ordinance and the Statutes, it shall be the duty of the Administrative and Planning Committee- (a) to assist the Vice-Chancellor in the performance of his duties; (b) to initiate plans of University development; (c) to assist the Vice-Chancellor in reviewing and co-ordinating the annual and supplementary estimates of recurrent and capital expenditures of the University, before transmitting them to the Finance Committee of the Council; (d) to review or propose academic and administrative appointments that are at and above the level of Tutors and Demonstrators or their equivalent before these appointments are made; (e) to deal with other matters referred to it by the Council. 3. The Administrative and Planning Committee shall report to the Council through the Vice-Chancellor. STATUTE 14 THE SENATE 1. The Senate shall consist of- (a) the Vice-Chancellor who shall be Chairman; (b) the Pro-Vice-Chancellors; (c) the Head of each College; (d) the Dean of each Faculty and of the Graduate School; (e) the Professors, or the Readers in each Department in which there is no professor; (L.N. 452 of 1994) (f) the Chairman of each Department and the Directors of Studies if not a member under subparagraph (e); (L.N. 452 of 1994) (g) 6 Fellows, 2 being elected by its Assembly of Fellows from each College; (L.N. 25 of 1987) (h) the Registrar; (i) the Librarian; (L.N. 452 of 1994) (j) the University Dean of Students; (L.N. 251 of 1988; L.N. 114 of 1991) (k) the President of the University Students Union; (L.N. 251 of 1988) (l) 1 student of each Faculty of the University elected by, and from among, full-time students in that Faculty pursuing approved courses of study for a degree of the University. (L.N. 175 of 1996) 2. Members of the Senate (other than Fellows and student members elected under paragraph 1(l) shall remain members of the Senate for so long as they hold the office or appointment by reason of which they became members of the Senate. (L.N. 251 of 1988) 3. (a) Fellows elected under paragraph 1(g) shall hold office for 2 years from the date of their election and shall be eligible for re-election provided that they shall cease to be members of the Senate if they cease to be assigned to the College by whose Assembly of Fellows they were elected. Should an elected member die or resign from the Senate or cease to be a Fellow within the College by whose members he was elected a successor shall be duly elected who shall be a member of the Senate for the unexpired period of membership of his predecessor. (b) Student members under paragraph 1(l) shall be elected in such manner as may be determined by the Senate. (L.N. 251 of 1988) (c) Student members elected under paragraph 1(l) shall hold office for a period of one year and shall be eligible for re-election provided that no student shall be a member of the Senate for more than 2 consecutive terms of office. If a student member resigns or ceases to be a member of the Senate and his unexpired period of membership is 6 months or longer, than a successor shall be elected in accordance with subparagraph (b) for that unexpired period of membership, but if his unexpired period of membership is shorter than 6 months, then no successor shall be elected for that unexpired period of membership. (L.N. 251 of 1988) (d) A student member shall cease to be a member of the Senate if he ceases to be a registered student of the University or if he is suspended form pursuing full-time study at the University. (L.N. 251 of 1988) 4. Subject to the Ordinance and Statutes, the Senate shall have the following powers and duties- (a) to promote research by members of the University; (b) to regulate the admission of persons to approved courses of study and their attendance at such courses; and to assign students to Colleges with due regard to the preferences of both the students and the Colleges; (c) to direct and regulate the instruction and teaching in approved courses of study and to conduct the examinations leading to degrees, diplomas, certificates and other awards of the University; (d) to consider, upon the advice of the Assembly of Fellows of each College, measures necessary for the conduct of student-orientated teaching, and to consider also measures necessary for the conduct of subject-orientated teaching; (e) to make, after report from the Faculties concerned, all regulations for giving effect to the Statutes and decrees relating to approved courses of study and examinations; (f) to appoint internal examiners after report from the Boards of the Departments concerned; (L.N. 452 of 1994) (g) to recommend after report from the Boards of the Departments concerned external examiners for appointment by the Council; (L.N. 452 of 1994) (h) to recommend the conferment of degrees (other than degrees honoris causa) and to award diplomas, certificates and other distinctions; (i) to fix, subject to any conditions made by the donors and accepted by the Council, the times, the mode and the conditions of competition for University scholarships, bursaries and prizes, and to award the same; (j) to recommend to the Council the institution, abolition or holding in abeyance of all teaching posts and the assignment of teachers to a College after consultation with the Assembly of Fellows (where one has been established) of the College concerned; (L.N. 25 of 1987) (k) to recommend to the Council external experts to serve as members of Boards of Advisers; (L.N. 100 of 1984) (l) to report to the Council on all Statutes and Decrees and proposed changes thereof; (m) to report to the Council on any academic matter; (n) to discuss any matter relating to the University and to report its views to the Council; (o) to report to the Council on any matters referred to the Senate by the Council; (p) to consider estimates of expenditure prepared in respect of the University, and to report thereon to the Council; (q) to formulate, modify or revise schemes for the organization of Faculties and to assign to such Faculties their respective subjects; also to report to the Council on the expediency of establishing at any time other Faculties or as to the expediency of abolishing, combining or sub-dividing any Faculties; (r) (Repealed L.N. 452 of 1994) (s) to supervise the libraries and laboratories; (t) to require any undergraduate or student on academic grounds to terminate his studies at the University; (u) to determine- (i) the academic year which shall be a period not exceeding 12 consecutive months, and (ii) the academic terms which shall be part of an academic year; (v) to exercise such other powers and perform such other duties as the Council may authorize or require. 5. The Senate shall hold at least 3 meetings in each academic year and additionally at any time at the direction of the Chairman or on the written request of any 10 members of the Senate. (L.N. 251 of 1988) 5A. (a) Student members of the Senate and of such committees and other bodies at the Senate may establish shall not be entitled to participate in that part of meetings considering reserved areas of business or have access to or read papers or any other documents relating thereto. (L.N. 478 of 1996) (b) The reserved areas of business are the following- (i) matters affecting the appointment, promotion and other affairs relating to teachers and members of the University staff as individuals; (ii) matters affecting the admission and academic assessment of students as individuals; (iii) expenditure estimates and other matters concerning the finances of the University. The Chairman of the Senate or the Chairman of the committee or other body established by the Senate, as the case may be, may decide in any case of doubt whether or not a matter falls within one of the reserved areas of business referred to above and his decision shall be final. (L.N. 251 of 1988) 6. 7 days' notice in writing of any meeting of the Senate shall be sent by the Registrar to each person entitled to receive notice of the meeting with the agenda therefor and no business not on such agenda shall be transacted if the Chairman or any 4 members present object. (L.N. 251 of 1988) 7. The Senate may make for the proper conduct of its business Standing Orders which it may amend or rescind by simple majority at any of its meetings provided that not less than 7 days' notice has been given in writing by the Registrar to members of the Senate of the proposal so to amend or rescind. 8. The quorum at any meeting of the Senate be 24. (L.N. 251 of 1988) STATUTE 15 THE FACULTIES AND THE GRADUATE SCHOOL 1. The Vice-Chancellor shall be a member of each Faculty. (L.N. 452 of 1994) 2. Each teacher shall be assigned by the Senate to a Faculty or Faculties and shall be a member of such Faculty or Faculties during the tenure of his appointment. 3. The members of each Faculty shall elect, in such form and manner as may be determined by the Senate, a Dean of their Faculty from among the members of their Board of Faculty who hold the rank of Senior Lecturer or above; and a Dean so elected shall hold office for a term of 3 years. 4. Subject to paragraph 3- (a) the Dean of any Faculty shall be eligible for re-election for a second and a third consecutive term of office but if he does not seek re-election or is not re-elected he shall not be eligible for another term of office until 2 years after he ceases to be Dean; (b) any person who is Dean of any Faculty for 3 consecutive terms of office shall not be eligible for another term of office until 2 years after he ceases to be Dean. (L.N. 67 of 1987, L.N. 267 of 1993) Subparagraphs (a) and (b) shall also apply to any person who is elected to a further term of office as Dean of any Faculty 2 or more years after he has ceased to be Dean. (L.N. 267 of 1993) 5. Each Faculty shall meet at least once a year, and shall have the power to discuss any matters relating to the Faculty and to express its opinion thereon to the Senate. 6. A Board of Faculty shall be established for each Faculty and shall consist of- (a) the Vice-Chancellor; (b)-(c) (Repealed L.N. 452 of 1994) (d) the Dean, who shall be Chairman; (e) the Chairman of each Department within the Faculty; (L.N. 452 of 1994) (f) other Professors, Readers and Directors of Studies within the Faculty; (g) one representative of each Assembly of Fellows who shall be a member of the Faculty; (L.N. 452 of 1994) (h) 2 Senior Lecturers elected by the Senior Lecturers within the Faculty; (i) 4 Lecturers or Assistant Lecturers elected by the Lecturers and Assistant Lecturers within the Faculty. 7. The Board of Faculty shall co-ordinate the activities of the Departments within the Faculty and it shall be its function to consider and deal with the recommendations of the Departments- (L.N. 452 of 1994) (a) on the content of courses for the degree or degrees; and (b) on the details of syllabuses. 8. The Dean of the Graduate School shall be appointed by the Council on the recommendation of the Vice-Chancellor for a period to be determined by the Council. 9. The Council of the Graduate School shall consist of- (a) the Dean of the Graduate School, who shall be Chairman; (b) the Deans of the Faculties; (c) the Heads of the Divisions in the Graduate School; (d) the Librarian; (e) the Master of the Postgraduate Hall Complex. 10. Subject to the Ordinance and the Statutes, the Council of the Graduate School shall have the following powers and duties- (a) to advise the Senate on all graduate programmes of studies; (b) to co-ordinate the activities of the Divisions within the Graduate School; (c) to consider and deal with the recommendations of the various Divisions on the content of courses and on the details of syllabuses. STATUTE 16 FELLOWS 1. The Council shall initially appoint 6 Fellows for each College on the recommendation of a Committee consisting of- (a) the Vice-Chancellor, who shall be Chairman; (b) 3 Professors, Readers or Senior Lecturers nominated by staff in those grades, who are on the existing staff of that College; and (c) 3 Lecturers or Assistant Lecturers nominated by staff in those grades, who are on the existing staff of that College. At least 3 of the 6 Fellows so appointed shall be drawn from the existing staff of that College. 2. The Fellows of each College appointed under paragraph 1, together with the Head of the College, shall form an Assembly of Fellows for that College. 3. The Head of a College shall be the Chairman of the Assembly of Fellows of that College. 4. Subject to paragraph 6, the Assembly of Fellows of each College may elect additional Fellows to that Assembly from the academic staff of the University who have been assigned to the College concerned. 5. A Fellow shall hold office for 5 years and shall be eligible to hold office again as a Fellow. 6. The Assembly of Fellows of each College shall- (a) elect one of their number to be a member of the Council; (b) when necessary, elect 6 Fellows of varying academic seniority for the purposes of serving on the Committee constituted under paragraph 1 of Statute 9; (c) be responsible for- (i) arranging the tutorial instruction, pastoral counselling and student-orientated teaching of the students assigned to the College; (ii) the supervision of residential accommodation for certain students at the College; and (iii) the maintenance of discipline within the College. 7. An Assembly of Fellows may make Standing Orders for the proper conduct of its business. STATUTE 17 THE DEPARTMENTS 1. Each Department shall consist of the Vice-Chancellor and all the teachers assigned to the Department. 2. The Chairman of each Department shall be appointed by the Council on the recommendation of the Senate for such period as may be determined by the Council. 3. (1) A Board shall be established for each Department and shall consist of- (a) the Vice-Chancellor; (aa) the Dean of any Faculty to which the Department is affiliated; (L.N. 101 of 1995) (b) the Chairman of the Department, who shall be Chairman of the Board; and (c) all of the teachers assigned to the Department. (2) On the approval of the Senate, teachers of other Departments who contribute substantially to the teaching of students pursuing courses of study within the purview of a Department and are nominated by the Board of the Department become members of the Board. (3) At the discretion of the Board of the Department, the Board may nominate such students as the Board deems fit as student members for such period as the Board may in its absolute discretion determine, provided that such student members shall not be entitled to participate in that part of meetings considering reserved areas of business or have access to or read papers or any other documents relating thereto. For the purpose of this Statute, reserved areas of business are the same as those referred to in paragraph 5A(b) of Statute 14. The Chairman of the Board may decide in any case of doubt whether or not a matter falls within one of the reserved areas of business referred to above and his decisions shall be final. (L.N. 478 of 1996) 4. It is the duty of the Board of a Department to advise the Senate on the courses of study within the purview of the Department, on the appointment of internal and external examiners and on other matters that the Senate may request. 5. A Department shall perform such other functions and duties as may be determined from time to time by the Council on the recommendation of the Senate. (L.N. 452 of 1994) STATUTE 18 THE CONVOCATION 1. There shall be a Convocation of the University which shall consist of all persons whose names appear on the Convocation roll. 2. All persons who are graduates of the University shall be entitled to have their names entered on the Convocation roll: Provided that persons on whom a degree honoris causa has been conferred shall not solely by reason thereof be members of Convocation, but may be elected by Convocation to be members thereof. 3. Any person who obtains a diploma issued by the Post-Secondary Colleges Joint Diploma Board in the academic year of establishment of the University shall be entitled to have his name entered on the Convocation roll. 3A. Any person who had been admitted as a registered student of an original College before the date of establishment of the University, pursued a course of study of not less than 4 years' duration in that original College, and obtained a diploma issued by that original College or by the Post-Secondary Colleges Joint Diploma Board on satisfactory fulfilment of all the requirements prescribed therefor may register with the Registrar of the University to have his name entered on the Convocation roll. (L.N. 167 of 1993) 3B. Any person who has attended an approved course of study for not less than 1 academic year after admission as a registered postgraduate student to a Faculty or a School and has been awarded a postgraduate diploma by the Senate on satisfactory fulfilment of all the requirements prescribed therefor may register with the Registrar of the University to have his name entered on the Convocation roll. (L.N. 167 of 1993) 4. The Convocation shall from its own members elect a Chairman and may elect a Vice-Chairman who shall respectively hold office for such periods as the Convocation may determine. No member shall be eligible for election as Chairman or Vice-Chairman unless he is normally resident in Hong Kong. Any retiring Chairman or Vice-Chairman shall be eligible for re-election. 5. In case of any casual vacancy in the office of Chairman or Vice-Chairman, the Convocation shall elect one of its members to fill the vacancy and the person so elected shall hold office for the remainder of the term for which his predecessor was appointed. 6. (Repealed L.N. 243 of 1994) 7. (1) Subject to subparagraph (2), the Convocation shall from a date to be appointed by the Council elect such number of members of the Convocation not exceeding 3 as the Council shall from time to time determine to be members of the Council. (2) No member of the Convocation shall be eligible for election under subparagraph (1) to serve, or continue to serve, as a member of the Council if he is or becomes a member of the University by virtue of Statute 3, unless he is such a member by virtue of paragraph (m) only, and not at the same time such a member by virtue of any other paragraph, of that Statute, but, save as aforesaid, a member of the Convocation elected under subparagraph (1) shall continue to be a member of the Council, and shall be eligible for re-election, notwithstanding his being a member of the University by virtue of paragraphs (f) and (m) of Statute 3 at the same time so long as he is such a member of the Council by virtue of paragraph 1(n) of Statute 11 only, and not at the same time a member of the Council by virtue of any other paragraph of that Statute. (L.N. 327 of 1996; L.N. 481 of 1997) 8. The Convocation shall, after a date to he determined by the Council, meet at least once in each calendar year and notice of such meeting shall be given 4 weeks before the date of meeting. Any member desiring to bring forward any business thereat shall forward a statement in writing to reach the Secretary of the Convocation at least 2 weeks before the date of meeting, setting forth in the form of motions the subject or subjects proposed for consideration. (L.N. 548 of 1994) 9. The quorum at any meeting of the Convocation shall be as prescribed by the Council after report from the Convocation. 10. The constitution, functions, privileges and other matters relating to the Convocation shall be subject to the approval of the Council. STATUTE 19 ACADEMIC STAFF The academic staff of the University shall consist of- (a) the Vice-Chancellor; (b) the Pro-Vice-Chancellors; (c) the Head of each of the Colleges; (d) the teachers; (e) the Librarian; and (f) such other persons as the Council on the recommendation of the Senate may prescribe. STATUTE 20 APPOINTMENT OF ACADEMIC AND SENIOR ADMINISTRATIVE STAFF 1. There shall be Boards of Advisers which shall make recommendations to the Council concerning the appointment of academic and senior administrative staff. Recommendations concerning the appointment of academic staff shall conveyed through the Senate. 2. The Board of Advisers for each appointment of Professor, Reader and Senior Lecturer shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council, who is not a member of the College to which the appointee will be assigned; (c) 2 members of the Senate, appointed by the Senate, who are not members of the College to which the appointee will be assigned; (d) the Head of the College to which the appointee will be assigned; (e) the Chairman of the Department in which the appointment is to be made, except that no such Chairman shall serve on a Board that is concerned with a post senior to his own post; and (L.N. 452 of 1994) (f) 2 external experts. 3. The Board of Advisers for each appointment of Lecturer shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council, who is not a member of the College to which the appointee will be assigned; (c) 2 members of the Senate appointed by the Senate, who are not members of the College to which the appointee will be assigned; (d) the Head of the College to which the appointee will be assigned; (e) the Chairman of the Department in which the appointment is to be made; and (L.N. 452 of 1994) (f) if considered necessary or desirable by the Council, one external expert. (L.N. 267 of 1993) 4. The Board of Advisers for each appointment of Assistant Lecturer shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council, who is not a member of the College to which the appointee will be assigned; (c) one member of the Senate appointed by the Senate, who is not a member of the College to which the appointee will be assigned; (d) the Head of College to which the appointee will be assigned; (e) the Chairman of the Department in which the appointment is to be made. (L.N. 452 of 1994) 5. The Board of Advisers for the appointment of the Librarian shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) one member of the Council appointed by the Council; (c) 2 members of the Senate appointed by the Senate; and (d) 2 external experts. 6. The Board of Advisers for the appointment of the Secretary and the Registrar shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) the Chairman of the Council or in his absence a person appointed by the Council; (c) one other member of the Council appointed by the Council; and (d) 2 members of the Senate appointed by the Senate. 7. The Board of Advisers for the appointment of the Bursar shall consist of- (a) the Vice-Chancellor, or a deputy appointed by him, who shall be Chairman; (b) the Treasurer; (c) one member of the Council appointed by the Council; and (d) 2 members of the Senate appointed by the Senate. 8. The Boards of Advisers constituted under paragraphs 4 and 6 may, for the purposes of making any recommendation, consult an external expert. 9. For the purposes of this Statute an external expert shall be appointed by the Council and shall not be a member of the staff of the University. 10. No person shall be recommended for appointment to any post in respect of which the relevant Board of Advisers includes an external expert or experts unless that expert, or if there are two, those experts certify in writing that the person to be recommended is of the required academic or professional standing. 11. Where, in relation to any recommendation for appointment to any post, the Board of Advisers has 2 external experts and those experts are unable to agree over the recommendation, the matter shall be referred to the Administrative and Planning Committee, who may determine the dispute. STATUTE 21 HONORARY AND EMERITUS PROFESSORS 1. The Council may appoint Honorary Professors and may award the title of Emeritus Professor to any Professor who has retired from office provided that such appointment or award is recommended by the Senate. 2. An Honorary or Emeritus Professor shall not ex officio be a member of the Senate or of any Faculty or of any Department. (L.N. 452 of 1994) STATUTE 22 RETIREMENT OF CERTAIN OFFICERS AND ACADEMIC STAFF The Vice-Chancellor, the Pro-Vice-Chancellors and all other salaried officers and teachers- (a) shall vacate their offices or appointments by 31 July following the date on which they attain the age of 60 years unless the Council by a vote of at least two-thirds of the number of members present shall request any such person to continue in his office or appointment for such period thereafter as it shall from time to time determine; or (b) may retire, or upon the direction of the Council shall retire, at any time after attaining the age of 55 and before attaining the age of 60. STATUTE 23 RESIGNATIONS Any person wishing to resign from any office or membership of any body shall do so by notice in writing. STATUTE 24 REMOVAL FROM OFFICE, MEMBERSHIP OR APPOINTMENT 1. The Council may for good cause as defined in paragraph 2 remove the Treasurer from his office and any member of the Council other than the Chairman and any person appointed under paragraph 1(k) and (1) of Statute 11 from his membership of the Council. 2. "Good cause" (好的因由) in paragraph 1 means- (a) conviction of any crime which shall be judged by the Council to be of an immoral, scandalous or disgraceful nature; (b) actual physical or mental in capacity which shall be judged by the Council to prevent the proper execution of the duties of the officer or membership; or (c) any conduct which shall be judged by the Council to be of an immoral, scandalous or disgraceful nature. 3. The Council may for good cause as defined in paragraph 5 remove from their appointments the Vice-Chancellor, the Pro-Vice-Chancellors, the Head of each of the Colleges, any of the Professors or Readers or Senior Lecturers, the Secretary, the Registrar, the Librarian, the Bursar and any other person holding an academic or administrative appointment made by the Council. 4. The Council may and shall if requested by the person concerned or by any 3 members of the Council before such removal appoint a committee consisting of the Chairman of the Council, 2 other members of the Council and 3 members of the Senate to examine the complaint and to report to the Council thereof. 5. "Good cause" (好的因由) in paragraph 3 means- (a) conviction of any crime which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be of an immoral, scandalous or disgraceful nature; (b) actual physical or mental in capacity which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be such as to render the person concerned unfit for the execution of the duties of his office or appointment; (c) conduct of an immoral, scandalous or disgraceful nature which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be such as to render the person concerned unfit to continue to hold his office or appointment; (d) conduct which the Council after consideration if necessary of a report of the committee referred to in paragraph 4 shall consider to be such as to constitute failure or inability to perform the duties of his office or appointment or to comply with the conditions of the tenure of his office or appointment. 6. Subject to the terms of his appointment no person referred to in paragraph 3 shall be removed from his appointment save for good cause as defined in paragraph 5 and in pursuance of the procedure specified in paragraph 4. STATUTE 25 THE STUDENTS AND ASSOCIATE STUDENTS 1. No student shall be permitted to pursue an approved course of study for a Bachelor's degree of the University unless he shall have- (a) been admitted by and to the University; (b) been registered as a matriculated student of the University; and (c) satisfied such other requirements for admission to the course as shall have been prescribed by regulation. 2. No student shall be permitted to pursue an approved course of advanced study or research leading to a certificate, diploma or higher degree of the University unless he shall have- (a) been admitted by and to the University; (b) been registered as an advanced student of the University; and (c) satisfied such other requirements for admission to the course as shall have been prescribed by regulation. 3. No student shall be permitted to pursue an approved course of study or research not leading to a degree or diploma of the University unless he shall have- (a) been registered as an associate student of the University; and (b) satisfied such other requirements for admission to the course as shall have been prescribed by regulation. 4. Each student shall be subject to the disciplinary control of the University. 5. The University may demand and receive from any student such fees as the Council may from time to time determine. 6. The Senate shall from time to time determine the requirements which an applicant must fulfil for matriculation as a student of the University. 7. There may be a University Students Union. The constitution shall be subject to the approval of the Council. 8. There may be a Students Union for each College. The constitution shall be subject to the approval of the Council, on the recommendation of the Assembly of Fellows of the College concerned. STATUTE 26 DEGREE AND OTHER AWARDS 1. (1) The University may confer the degrees of Bachelor, Master and Doctor with the designations prescribed in paragraph 2(1) to students who- (L.N. 31 of 1981; L.N. 121 of 1989) (a) have attended an approved course of study; (b) have passed the appropriate examination or examinations; and (c) have complied in all other respects with the requirements prescribed therefor. (2) The University may confer any of the degrees with the designations prescribed in paragraph 2(2) on any person who has rendered distinguished service in the advancement of any branch of learning or who has otherwise rendered himself worthy of such a degree. (L.N. 31 of 1981; L.N. 121 of 1989) 2. The degrees which may be conferred by the University shall have the following designations- (1) (a) Bachelor's Degrees Bachelor of Architecture (B.Arch.) (L.N. 114 of 1991) Bachelor of Arts (B.A.) Bachelor of Business Administration (B.B.A.) Bachelor of Chinese Medicine (B.Chi.Med.) (L.N. 2 of 1999) Bachelor of Education (B.Ed.) Bachelor of Engineering (B.Eng.) (L.N. 114 of 1991) Bachelor of Medical Sciences (B.Med.Sc.) (L.N. 55 of 1990) Bachelor of Medicine and Bachelor of Surgery (M.B.,Ch.B.) Bachelor of Nursing (B.Nurs.) (L.N. 114 of 1991) Bachelor of Pharmacy (B.Pharm.) (L.N. 114 of 1991) Bachelor of Science (B.Sc.) Bachelor of Social Science (B.S.Sc.) (b) Master's Degrees Master of Accountancy (M.Acc.) (L.N. 481 of 1997) Master of Architecture (M.Arch.) (L.N. 114 of 1991) Master of Arts (M.A.) Master of Business Administration (M.B.A.) Master of City Planning (M.C.P.) (L.N. 453 of 1994) Master of Clinical Pharmacy (M. Clin.Pharm.) (L.N. 481 of 1997) Master of Divinity (M.Div.) Master of Education (M.Ed.) Master of Engineering (M.Eng.) (L.N. 114 of 1991) Master of Fine Arts (M.F.A.) (L.N. 453 of 1994) Master of Music (M.Mus.) (L.N. 453 of 1994) Master of Nursing (M. Nurs.) (L.N. 323 of 1995) Master of Philosophy (M.Phil.) Master of Public Health (M.P.H.) (L.N. 573 of 1995) Master of Science (M.Sc.) Master of Social Science (M.S.Sc.) Master of Social Work (M.S.W.) (c) Doctoral Degrees Doctor of Business Administration (D.B.A.) Doctor of Education (Ed. D.) (L.N. 481 of 1997) Doctor of Literature (D.Lit.) Doctor or Medicine (M.D.) Doctor of Music (D.Mus.) (L.N. 453 of 1994) Doctor of Philosophy (Ph.D.) Doctor of Science (D.Sc.) Doctor of Social Science (D.S.Sc.) (L.N. 121 of 1989) (2) Honorary Degrees Doctor of Laws honoris causa (L.L.D. honoris causa) Doctor of Literature honoris causa (D.Lit. honoris causa) Doctor of Science honoris causa (D.Sc. honoris causa) Doctor of Social Science honoris causa (D.S.Sc. honoris causa) (L.N. 121 of 1989) 3. The degree of Bachelor shall not be conferred upon a student unless he shall have attended approved courses of study as a matriculated student of the University. (L.N. 114 of 1991) 4. The Senate may accept as part of the attendance of a student qualifying him for the conferment of the degree of Bachelor periods of attendance as a registered student at another university or institution of higher learning recognized by the Senate for this purpose: (L.N. 114 of 1991; L.N. 453 of 1994) Provided that the degree of Bachelor shall not be conferred upon such student unless- (a) he shall have attended an approved course of study as a matriculated student of the University for at least 2 academic years; (L.N. 114 of 1991; L.N. 453 of 1994) (b) his total period of attendance as a matriculated student of the University and as a registered student of another university or institution of higher learning shall not be less than 3 academic years; and (L.N. 453 of 1994) (c) he shall have attended his final term of study at the University immediately preceding his completion of all requirements for the conferment of the degree of Bachelor. (L.N. 453 of 1994) 5. The Senate may accept a certificate of proficiency in any subject issued by another university or institution of higher learning recognized for this purpose by the Senate as exempting from any examination of the University in such subject for the degree of Bachelor. (L.N. 453 of 1994) 6. Save as provided in paragraphs 10 and 11, the degree of Master shall not be conferred upon any person in any Faculty unless he has pursued an approved course of study or research for a period of at least 12 months after satisfying the requirements for the conferment of the degree of Bachelor in the Faculty concerned or after admission as a postgraduate student in terms of paragraph 9. 7. Save as provided in paragraphs 10 and 11, the degree of Doctor of Philosophy in any Faculty shall not be conferred upon any person unless he has- (a) followed an approved course of research as a student of the University for a period of at least 24 months after satisfying the requirements for the conferment of the degree of Bachelor in the Faculty concerned or after admission as a postgraduate student in terms of paragraph 9; and (b) submitted a thesis which is certified by examiners to make a distinct contribution to the knowledge or understanding of the subject and to afford evidence of originality shown either by the discovery of new facts or by the exercise of independent critical power. 8. Save as provided in paragraphs 10 and 11, the degree of Doctor of Literature, Doctor of Science, Doctor of Social Science, Doctor of Business Administration or Doctor of Medicine shall not be conferred upon any person unless- (L.N. 31 of 1981) (a) he shall be a graduate of the University of not less than 7 years standing; and (b) he shall have made in the opinion of the examiners a sustained contribution of distinction to the advancement of his subject. 9. (1) A person who has graduated in another university or who as a registered student of Chung Chi College, The United College of Hong Kong or New Asia College has obtained before the date of establishment of the University a diploma or certificate issued by or on behalf of such Colleges may be exempted from the matriculation requirement of the University and may be admitted as a postgraduate student and may proceed to the degree of Master or Doctor under such conditions as may be prescribed by the Statutes and by decrees and regulations made thereunder. (2) A person who- (a) has completed a course of study in a tertiary educational institution and holds professional or similar qualifications equivalent to a degree; and (b) has satisfied such other requirements as may be prescribed by the Statutes and by decrees and regulations made thereunder, may be exempted from the matriculation requirements of the University and may be admitted to be a postgraduate student with the approval of the Senate. 10. The Senate may recommend the award of the degree of Master or Doctor in any Faculty to any member of the academic staff of the University and for this purpose may exempt any such person from any of the requirements prescribed for the conferment of the degree other than the examination therefor. 11. The Council may recommend the award without requiring attendance or examination of a degree of Master or Doctor honoris causa: (L.N. 31 of 1981) Provided that the holder of a degree which has been conferred honoris causa shall not, by the fact that he has been admitted thereto, be entitled to practise any profession. 12. The Council shall not recommend the award of any degree of Master or Doctor honoris causa except after consideration of recommendations submitted by an Honorary Degrees Committee consisting of- (a) the Chancellor; (b) the Vice-Chancellor; (c) the Heads of the Colleges; (d) the Chairman of the Council; (e) 2 members of the Council nominated by the Council; and (f) members of the Senate, equal in number to the number of the Colleges, elected by the Senate. 13. The University may award diplomas and certificates- (a) to students who- (i) have attended an approved course of study; (ii) have passed the appropriate examination or examinations; and (iii) have complied in all other respects with the requirements prescribed therefor; and (b) to persons other than those provided for in subparagraph (a) above who are deemed by the Senate to possess the qualification appropriate for the award of such diplomas and certificates provided that such persons- (i) have pursued a course of study therefor at one or more educational institutions in Hong Kong recognized for this purpose by the Senate; and (ii) have passed the appropriate examination or examinations of the University. 14. Subject to the right of appeal from the decision of the Senate to the Council and from the decision of the Council to the Chancellor, the Senate may deprive any person who has been convicted of an arrestable offence or who in their opinion has been guilty of dishonourable or scandalous conduct of any degree, diploma, certificate or other award of the University. STATUTE 27 EXAMINATIONS 1. Examinations of the University qualifying in any subject of study for a Bachelor's degree or a higher degree of the University shall be conducted by a board of examiners which shall consist of- (a) 2 or more internal examiners who shall be teachers in the subject of the examination; and (b) save as provided by paragraph 3, one or more external examiners who shall not be members of the academic staff of the University and who shall not have taken part in the teaching of the candidates. 2. The board of examiners shall have the duty to ensure that examinations are properly conducted and the assessment is fair and consistent. 3. Upon the approval of the Senate the requirement in paragraph 1(b) shall not apply for examinations qualifying in a subject of study for a Bachelor's degree, and one or more visiting examiners who shall not be members of the academic staff of the University and who shall not have taken part in the teaching of the candidates shall be appointed for the subject by the Council upon the recommendation of the Senate or in the case of emergency by the Vice-Chancellor. 4. The visiting examiner or examiners shall- (a) call for at his or their discretion the examination scripts of all or any, but not less than one-third, of the examinations qualifying for the degree in the subject for which he is or they are appointed; (b) submit to the Vice-Chancellor an annual written report; and (c) visit the University not less than once every 3 years to review in depth the examinations on site. (L.N. 282 of 1991) STATUTE 28 CITATION The Statutes may be cited as the Statutes of The Chinese University of Hong Kong. CONSTITUTION OF THE ORIGINAL COLLEGES [sections 19(2) & 20(2)] 1. Interpretation In this Schedule, unless the context otherwise requires- "Boards of Trustees" (書院校董會) means the Boards of Trustees of the Colleges incorporated under paragraph 2; "Chairman" (主席) means the Chairman of each Board of Trustees; "College" (書院) means an original College and "Colleges" (各書院) shall be construed accordingly; (59 of 1986 s. 4) "Council" (大學校董會) means the Council of The Chinese University of Hong Kong. 2. Incorporation of Board of Trustees (1) There shall be a Board of Trustees of Chung Chi College which shall be a body corporate and shall have the name of "The Trustees of Chung Chi College" and in that name shall have perpetual succession, and may sue and be sued, and shall have and use a common seal. (2) There shall be a Board of Trustees of The United College of Hong Kong which shall be a body corporate and shall have the name of "The Trustees of The United College of Hong Kong" and in that name shall have perpetual succession, and may sue and be sued, and shall have and use a common seal. (3) There shall be a Board or Trustees of New Asia College which shall be a body corporate and shall have the name of "The Trustees of New Asia College" and in that name shall have perpetual succession, and may sue and be sued, and shall have and use a common seal. 3. Powers and duties of Boards of Trustees (1) Each Board of Trustees shall hold in trust, and administer for the benefit of its College the movable property which is vested in the Board under paragraph 7; and shall hold in trust for the benefit of the University the buildings the subject of the agreements to be made under paragraph 2 of Schedule 2.* (2) Subject to subparagraph (3), each Board of Trustees may, for the purpose of the trusts under subparagraph (1), exercise the powers conferred on trustees by the Trustee Ordinance (Cap 29). (3) A Board of Trustees shall not, without the prior approval of the Council, which may be subject to such conditions as the Council thinks fit, accept any gift for the benefit of the College. (4) Each Board shall make written provision for its procedure in the transaction of business, the discharge of its aims and duties and the maintenance of good order at its meetings. (5) The Board of Trustees of Chung Chi College shall- (a) recommend to the Council, through the Administrative and Planning Committee, all appointments to the Theology Division, or whatever part of the University shall succeed the Division as being responsible for theological education, including the appointment of the Head of the Theology Division (or equivalent post) and of the warden of the Theology Hostel; (b) allocate for the promotion of theological education, including the upkeep of the Theology Building, the resources made available from private funds; (c) provide for and appoint the Chaplain of the Chapel; and (d) advise the Senate on all major policy matters relating to theological education, and the Board of Trustees may delegate to a Theological Council appointed by it the power to discharge the functions and duties imposed on the Board by this sub-paragraph. 4. Composition of Boards of Trustees (1) The persons who, immediately before the commencement of this Ordinance, were members of the Board of Governors of Chung Chi College shall, on the commencement of this Ordinance, become the members of the Board of Trustees of that College incorporated under paragraph 2(1). (2) The persons who, immediately before the commencement of this Ordinance, were members of the Board of Trustees of The United College of Hong Kong shall, on the commencement of this Ordinance, become members of the Board of Trustees of that College incorporated under paragraph 2(2). (3) The persons who, immediately before the commencement of this Ordinance, were members of the Board of Governors of New Asia College shall, on the commencement of this Ordinance, become members of the Board of Trustees of that College incorporated under paragraph 2(3). (4) Any person who is at the commencement of this Ordinance, or who becomes, a member of a Board of Trustees may retire as a member of that Board of Trustees, but no person shall retire so as to reduce the number of members of the Board of Trustees below 4. (5) Vacancies in the number of members of a Board of Trustees shall from time to time be filled by such legal means as would have been available for the appointment of new trustees if the Board of Trustees had not been incorporated, and, without prejudice to the generality of the foregoing, section 42 of the Trustee Ordinance (Cap 29) shall apply in relation to the appointment of new Trustees. (59 of 1986 s. 4) 5. Registration with Registrar of Companies (1) Each Board of Trustees shall forward to the Registrar of Companies- (a) notice of the address of the principal office of the Board of Trustees and any change thereof; (b) a list of the names and addresses of the members of the Board of Trustees, and any change therein, certified as correct by the Chairman; and (c) a copy of the written provision made under paragraph 3(4), and any change therein, certified as correct by the Chairman. (2) Notification in accordance with subparagraph (1)(a) and (b) shall be made- (a) within 3 months of the commencement of this Ordinance; and (b) thereafter within 28 days of any change. (3) Notification under subparagraph (1)(c) shall be made within 28 days after the making of any written provision under paragraph 3(4) or the making of any change therein. (4) Any person may inspect at the office of the Registrar of Companies any of the documents registered under this paragraph. (5) A fee of $5 shall be payable for registering or inspecting any document referred to in this paragraph. 6. Accounts Each Board of Trustees shall in each year, prepare and produce to the Council its audited accounts in such form and at such times as the Council may determine. 7. Transitional provisions On the commencement of this Ordinance- (a) all movable property held on trust by or for each College and all immovable property held by or on behalf of the Colleges outside the precincts of the University shall vest in the Board of Trustees of the College concerned without further assurance and on the same trusts and subject to the same terms and conditions, if any, on which the same was then held; (b) the Board of Trustees of each College shall succeed to all rights, privileges, obligations and liabilities of the Colleges relating to the property vested in the Boards of Trustees under subparagraph (a). 8. (Repealed 59 of 1986 s. 4) Long title To provide for the establishment and administration of a trust fund to be known as the Li Po Chun Charitable Trust Fund and for the purposes connected therewith. [8 November 1963] Short title Determination of questions at meeting Transaction of business by circulation of papers Accounts Cost of administration Servants and advisers Saving This Ordinance may be cited as the Li Po Chun Charitable Trust Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委員會) means the Li Po Chun Charitable Trust Fund Committee established in accordance with the provisions of section 5; "fund" (基金) means the Li Po Chun Charitable Trust Fund; "member" (成員) means a member of the committee; "trustee" (受託人) means the Secretary for Home Affairs Incorporated as trustee of the fund. (Amended L.N. 68 of 1985; L.N. 263 of 1989) Establishment of fund (1) There is hereby established a trust fund to be known as the Li Po Chun Charitable Trust Fund which shall consist of the shares donated by Li Po Chun to the Government, together with any interest thereon which shall have accrued prior to the commencement of this Ordinance and together with such further moneys and assets as may from time to time be donated to the fund and accepted by the committee, or any investments from time to time representing any such moneys and together with such interest and income derived from any such moneys and assets. (2) The committee may, from time to time, solicit and accept on behalf of the trustee donations and bequests to the fund: Provided that it shall be a condition of the acceptance by the committee of any further donations to the fund that the name of the fund shall remain unchanged. The trustee (1) The fund is hereby vested in the Secretary for Home Affairs Incorporated, a body corporate incorporated under and by virtue of the Secretary for Home Affairs Incorporation Ordinance (Cap 1044), as trustee. (Amended L.N. 67 of 1985; L.N. 68 of 1985; L.N. 263 of 1989) (2) The trustee shall hold the fund upon the trusts and with and subject to the powers and provisions hereinafter contained in this Ordinance. Administration of the fund (1) The fund shall be administered by a committee to be known as the Li Po Chun Charitable Trust Fund Committee which shall consist of- (a) the Secretary for Home Affairs who shall be the chairman of the committee; (Amended L.N. 67 of 1985; L.N. 262 of 1989) (b) a son of Li Po Chun who shall be appointed by the Governor; and (c) not more than 4 other members appointed by the Governor. (2) The son of Li Po Chun appointed by the Governor under subsection (1)(b) may- (a) by deed appoint any descendant of Li Po Chun in his stead as a member of the committee during his lifetime; or (b) by will appoint any such descendant as such member from the day of his death. (3) The right to nominate a person as a member of the committee, conferred by subsection (2), may be passed on by any person appointed thereunder to another person who may similarly pass on such right. (4) Subject to subsection (5), no person shall be appointed as a member of the committee under subsection (2) or (3) unless he is a descendant of Li Po Chun. (5) If at any time any son or descendant of Li Po Chun, appointed as a member of the committee under subsection (1), (2) or (3), shall retire or die or be removed under the provisions of subsection (6) without having by deed or by will appointed another descendant of Li Po Chun to take his place as a member of the committee, the power of appointment shall vest in the Governor, who may appoint as a member- (a) a descendant of Li Po Chun; or (b) if no descendant of Li Po Chun is resident in Hong Kong and willing to be a member, any other person for so long only as no descendant of Li Po Chun is resident in Hong Kong and willing to be a member. (Amended 94 of 1991 s. 5) (6) A member appointed by the Governor under subsection (1)(c) shall hold office for such period as may be specified in the letter of appointment and may be re-appointed. (Amended 94 of 1991 s. 2) (7) A member, other than the Secretary for Home Affairs , may be removed by the Governor at any time, and shall cease to be a member if he shall be convicted of an offence punishable with imprisonment for a period exceeding 12 months, or shall be adjudged bankrupt or make a composition or arrangement with his creditors or become of unsound mind. (Amended L.N. 67 of 1985; L.N. 262 of 1989) (8) The quorum necessary for the transaction of the business of the committee at a meeting of the committee may be fixed by rules made under section 8 and, unless so fixed, 4 members shall form a quorum. (Amended 94 of 1991 s. 2) The trust (1) The trustee shall, at the direction of the committee, apply- (a) the income of the fund, in such proportions as the committee may in its discretion decide- (i) for educational purposes in accordance with the Schedule; and (ii) for payment to the Director of Social Welfare for use by him for the relief of distress in cases for which no adequate assistance is available from other sources; and (b) the capital of the fund for such educational purposes, including the establishment or endowment of educational institutions in Hong Kong, as the committee may in its discretion decide. (Replaced 49 of 1989 s. 2) (2) Notwithstanding subsection (1), the committee may invest any part of the income of the fund as capital, the income from which shall thereafter form part of the income of the fund. Investments (1) Subject to subsections (2) to (5), the trustee may invest any moneys of the fund including the proceeds of the realization of any of the shares donated as aforesaid in such investments, whether or not such investments are trust investments, as the committee may advise. (Amended L.N. 16 of 1977; 48 of 1989 s. 2; 94 of 1991 s. 3) (2) If the committee so directs, the trustee shall employ such professional person or financial institution as may be nominated by the committee to manage the investment of all or part of the moneys of the fund invested by the trustee under subsection (1). (Added 94 of 1991 s. 3) (3) A person or institution appointed under subsection (2) shall, in performing his or its functions, act in accordance with any advice of the committee in respect of those functions conveyed to him or it in writing from time to time by the trustee. (Added 94 of 1991 s. 3) (4) The trustee shall not be responsible for the consequences of any act or omission of a person or institution employed under subsection (2) if he or it was employed in good faith. (Added 94 of 1991 s. 3) (5) All salaries and fees of a person or institution employed under subsection (2) shall be paid by the trustee out of the fund. (Added 94 of 1991 s. 3) Rules (1) The committee may make rules providing for- (a) its procedure in the transaction of business and the maintenance of good order at meetings; and (b) generally all matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every rule made in accordance with the provisions of subsection (1) shall be furnished to the Chief Secretary and any such rule shall be subject to disallowance or amendment at any time by the Governor. Express powers of committee (1) The committee shall have power to write off from the moneys of the fund any sums which the committee finds to be irrecoverable. (2) Save as is provided in section 6(1) and (2), the committee shall not have power to apply or to direct that the trustee should apply any of the capital funds of the trust as income or for any other purpose. (Amended 49 of 1989 s. 3) Determination of questions at meeting Transaction of business by circulation of papers All questions which may arise at any meeting of the committee shall be decided by a majority of votes by members present and, in the case of equality of votes, the chairman shall have a casting vote in addition to his original vote: Provided that in any case in which the committee is equally divided in opinion without the casting vote of the chairman, any 3 members of the committee may demand that the point be referred to the Governor for his decision and in such event the decision of the Governor shall be final. Transaction of business by circulation of papers The committee may transact any of its business by circulation of papers amongst members, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the committee. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 August in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and a balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of accounts shall be audited by the Director of Audit who shall certify that statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the report, if any, of the Director of Audit and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 28 February next following the end of such period, or so soon thereafter as the Governor, in his absolute discretion, may allow. Cost of administration The cost of Administering the fund other than the salaries and fees paid under the provisions of section 13(2) shall be a charge on the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. Servants and advisers (1) Without prejudice to section 7, the committee may appoint upon such salary and upon such terms as it may think proper such servant as it may think necessary for the purpose of carrying out the provisions of this Ordinance, and may employ any professional person to advise it on any matter arising out of or in connection with such provisions. (Amended 94 of 1991 s. 6) (2) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. APPLICATION OF INCOME ALLOCATED FOR EDUCATIONAL PURPOSES [section 6] 1. Application Income of the fund allocated for the purposes of section 6(1)(a) shall be applied as specified in this Schedule. 2. Post-graduate award (1) One scholarship may be awarded in each year to a graduate of a university established in Hong Kong to assist in the payment of the education, travelling expenses, and maintenance in the United Kingdom for the purposes of post-graduate training for a period not exceeding 2 years. (2) The holder of a scholarship awarded under subparagraph (1) shall be selected by a selection board appointed by the Director of Education. (3) A scholarship awarded under this paragraph may be terminated at the end of 1 year unless the Director of Education is satisfied as to the progress and conduct of the scholar. (4) No graduate of a university in Hong Kong shall be eligible for an award under this paragraph unless he- (a) is resident in Hong Kong at the date of the award; and (b) does not concurrently hold any other award. 3. Li Po Chun Scholarships (1) From any balance remaining after making provision for the scholarship referred to in paragraph 2, the committee may award scholarships (to be known as Li Po Chun Scholarships) for the education of students resident in the Colony, in accordance with the provisions of this paragraph. (2) Not more than 7 scholarships may be awarded in each year to students in each of the following schools- (a) King's College; (b) Queen's College; (c) Queen Elizabeth School; (d) Belilios Public School. (3) A scholarship awarded under subparagraph (2) shall be tenable for such period as the committee may determine. (4) Such number of scholarships as the committee may decide may be awarded in each year to students in the University of Hong Kong and The Chinese University of Hong Kong selected by the Registrars thereof. (5) A scholarship awarded under subparagraph (4) shall subject to the Registrar of the University concerned being satisfied as to the progress and conduct of the scholarship holder, be tenable for not more than- (a) 3 years in the case of the University of Hong Kong; and (b) 4 years in the case of the Chinese University of Hong Kong. (6) A scholarship granted under subparagraph (4) may be extended by the committee for longer than- (a) 3 years in the case of the University of Hong Kong; and (b) 4 years in the case of The Chinese University of Hong Kong. (7) Such member of scholarships as the committee may decide, may be awarded in each year to students in secondary schools, who are selected by the Director of Education. (Replaced 49 of 1989 s. 4) (8) A scholarship awarded under subparagraph (7) shall be tenable for such period as the committee may determine. 4. Other educational purposes Any balance remaining after making provision for the scholarships referred to in paragraphs 2 and 3, may be applied for such educational purposes as the committee may in its discretion from time to time decide. (Replaced 49 of 1989 s. 4) Long title To give statutory recognition to and to regulate the provision of permanent cemeteries for persons of Chinese race permanently resident in the Colony and to provide for the proper maintenance and administration thereof, and for purposes connected therewith. [4 December 1964] Preamble WHEREAS- (a) by 3 deeds of appropriation dated respectively 16 June 1913, 22 August 1929 and 31 May 1963 (hereinafter referred to as the Deeds of Appropriation) certain parcels of land were thereby appropriated for use as cemeteries for persons of Chinese race who were permanent residents of Hong Kong although the title to the said land remained vested in the Crown; (Amended 31 of 1994 s. 5) (b) the cost of laying out the land the subject of the said Deed of Appropriation dated 16 June 1913, was met by subscription and by the said Deed it was provided that the application of the sums so raised, and the duty of managing the cemetery the subject thereof, be entrusted to a Board of Management (in this Ordinance referred to as the former Board where the context so requires) subject to the rules and regulations set out in the said Deed; (c) the said rules and regulations provided, inter alia, that the former Board should be composed of not less than 12 nor more than 20 members of whom the Director of Public Works, the Secretary for Chinese Affairs (then styled Registrar General) and the Director of Urban Services (then styled the Head of the Sanitary Department) were ex officio members and the remaining members were to be selected from and elected by those who subscribed as mentioned in paragraph (b) and were, subject to certain exceptions, to hold office for life; (d) by the subsequent Deeds of Appropriation the additional pieces of land therein described were appropriated to the former Board upon terms similar to those upon which the first piece of land was appropriated thereto and the cost of laying out such subsequent pieces of land as cemeteries was met out of the funds, then held by the former Board, derived from the management of the first cemetery; (e) all of the said pieces of land are now used exclusively as cemeteries and burial grounds for persons of the Chinese race permanently resident in Hong Kong; (Amended 31 of 1994 s. 5) (f) it is considered desirable that the said former Board be dissolved and replaced by a body corporate having perpetual succession and full powers to provide, administer and manage cemeteries and burial grounds for such persons of the Chinese race: Short title Accounts Transitional provisions Saving This Ordinance may be cited as the Chinese Permanent Cemeteries Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Board" (委員會) means the Board of Management of the Chinese Permanent Cemeteries established by virtue of the provisions of section 3; "Chairman" (主席) means the Secretary for Home Affairs; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) "Chinese Permanent Cemetery" (華人永遠墳場) means any cemetery or burial ground for the time being under the management and control of the Board; "Deeds of Appropriation" (各撥地契據) means the Deeds of Appropriation referred to in paragraph (a) of the preamble to this Ordinance; "former Board" (前度委員會) means the Board of Management referred to in paragraph (b) of the preamble; "permanently resident in Hong Kong" (在香港永久居住), in relation to any person, means continuously resident in Hong Kong for such period of time and subject to such conditions as the Board may prescribe by rules made under section 8. (Amended 31 of 1994 s. 5) Establishment and constitution of the Board (1) There shall be established in Hong Kong a Board which shall be called the Board of Management of the Chinese Permanent Cemeteries. (Amended 31 of 1994 s. 5) (2) The Board shall consist of- (a) the following ex officio members- (i) the Secretary for Home Affairs, who shall be the Chairman of the Board; (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) (ii) the Director of Lands; (Amended L.N. 76 of 1982; L.N. 94 of 1986; L.N. 291 of 1993; L.N. 230 of 1995) (iii) the Director of Urban Services; (iv) the Director of Regional Services; and (Added 30 of 1987 s. 2) (b) not less than 8 nor more than 16 other members who shall be appointed by the Governor and shall hold office for 3 years and shall thereafter be eligible for reappointment to the Board for further such periods as the Governor shall think fit. (Amended 30 of 1987 s. 2) (3) Any ex officio member, other than the Secretary for Home Affairs, may appoint in writing a senior member of the staff of his Department to act on his behalf at all or any meetings of the Board: (Amended L.N. 22 of 1969; L.N. 257 of 1975; L.N. 370 of 1981; L.N. 67 of 1985; L.N. 262 of 1989) Provided that no such appointment shall be valid for more than 12 months from the date thereof. (4) Any member of the Board, other than an ex officio member, may, on giving not less than 1 month's notice in writing to the Governor, resign from the Board. (5) The Governor may terminate the appointment to the Board of any member, other than an ex officio member, during the term of office of such member- (a) on being requested in writing so to do by a majority of three-quarters of the members present at any meeting resolving such course; (b) in the case of incapacity of such member; (c) in the case of absence from Hong Kong for more than 12 months of such member. (Amended 31 of 1994 s. 5) (6) There shall be a Treasurer and a Secretary to the Board who shall be appointed by the Board. Meetings of the Board (1) The Board shall meet at such times and in such places as the Chairman may appoint: Provided that- (a) the Board shall meet not less than twice in each calendar year and one of such meetings shall be an annual general meeting at which the annual accounts of the Board shall be presented; and (b) no meeting of the Board shall be deemed to have been validly convened unless not less than 4 days' or, in the case of an annual general meeting, 14 days' notice in writing thereof has been given to each member of the Board then present in Hong Kong. (Amended 31 of 1994 s. 5) (2) At any meeting of the Board 7 members shall constitute a quorum. (3) The validity of any proceedings of the Board shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereof. (4) All questions coming or arising before a meeting of the Board shall be determined by a majority of the members thereof present and voting thereon. (5) The Chairman at any meeting of the Board shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote. (6) If the Chairman is unable to take the chair at any meeting of the Board he may nominate any other member thereof to take the chair in his stead, or, in the absence of the Chairman and such other member, if any, the members present and voting at the meeting shall elect from among their number 1 member to take the chair thereat. (7) The Board may make standing orders for regulating the procedure at, and in connection with, its meetings. Conduct of business of the Board Transaction of business by circulation of papers (1) The Board may conduct its business in such manner as appears to it expedient and may for that purpose appoint from among its members select committees and may authorize any such committee to co-opt thereto such additional members, not necessarily being members of the Board, as may appear to it to be necessary for the proper conduct of the business delegated to it by the Board. (2) The Board may employ, upon such terms and conditions as it may think fit, such staff as shall appear to it to be necessary for the proper conduct of the business of the Board. Transaction of business by circulation of papers The Board and any committee appointed by it under section 5(1) may transact any business by circulation of papers, and a resolution in writing which is approved in writing by a majority of their respective members shall be as valid and effectual as if it had been passed at a meeting of the Board or of such committee. Purposes of the Board The purposes of the Board shall be to provide, maintain and administer cemeteries and burial grounds for persons of the Chinese race permanently resident in Hong Kong. Powers of the Board Power of the Board to employ manager of investments (1) For the purposes specified in section 6, the Board shall have full power- (a) to acquire, accept leases of, purchase, take and otherwise hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (b) to acquire, by purchase or otherwise, goods and chattels of what nature or kind soever; (c) to invest moneys in such investments as the Board thinks fit, whether or not such investments are in Hong Kong or are authorized by section 4 of the Trustee Ordinance (Cap 29); (Replaced 31 of 1994 s. 3) (d) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of any lands, or buildings, messuages, tenements, mortgages, debentures, debenture stocks, funds, securities, goods and chattels for the time being vested in the Board, upon such terms as the Board may deem fit; (e) to erect any buildings, messuages or tenements and effect any improvement thereto; (f) to borrow money upon such terms as the Board shall think fit, and to raise money by public or private subscription; and (g) generally, to do such other things as may appear to be incidental or conducive to the proper carrying out of the purposes of the Board as set out in this subsection. (2) In addition to and notwithstanding anything contained in subsection (1), the Board may donate to any charity operating for the benefit of persons of the Chinese race in Hong Kong any moneys vested in it which are or may become surplus to the requirements of the proper management, and administration and maintenance of any Chinese Permanent Cemetery for the time being under the control of the Board. (Amended 31 of 1994 s. 5) Power of the Board to employ manager of investments (1) The Board may employ any person or body to manage the investment of the moneys of the Board, or any property held by the Board for the purpose of investment. (2) Where the Board employs a person or body under subsection (1), the Board, or a committee appointed under section 5(1) and expressly authorized in that regard, may from time to time issue in writing to such person or body general or specific directions relating to the performance of his or its functions, and such person or body shall act in accordance with such directions. (3) The Board shall not be responsible for the consequences of any act or omission of a person or body employed under subsection (1) in good faith if such act or omission is not consistent with any direction given under subsection (2) by the Board or a committee. Power of the Board to make rules (1) The Board may make rules to govern- (a) the conduct of the internal affairs of the Board; and (b) the management and use of any Chinese Permanent Cemetery. (2) Without prejudice to the generality of subsection (1), such rules may- (a) lay down a scale of fees to be charged on the grant to any person of a right to use or designate a grave space for the burial of himself or any member of his family; (b) regulate the manner of burial and the forms of burial service, ceremonies or rites to be performed in commemoration of the dead; (c) regulate the dimensions, allocation and use or reservation of grave spaces; (d) provide for the termination and cancellation of any right referred to in paragraph (a); and (e) provide for the disinterment and removal of human remains. (3) Nothing in this section shall be construed to empower the Board to make any rule- (a) which derogates from any of the provisions of any by-laws or regulations made pursuant to any of the provisions of the Public Health and Municipal Services Ordinance (Cap 132) which relate to the control of private cemeteries within the meaning of that Ordinance; or (Amended 10 of 1986 s. 32(1)) (b) the contravention of which shall constitute a criminal offence by any person. Incorporation of the Board and use of common seal (1) The Board shall be a body corporate and shall have the corporate name of "The Board of Management of the Chinese Permanent Cemeteries", and in that name shall have perpetual succession and may sue and be sued in all courts and shall have and may use a common seal bearing such name. (2) Any deed, document or other instrument requiring the seal of the Board shall be sealed with the common seal and signed by the Chairman and by the Secretary or the Treasurer of the Board or by such other person as the Board may by resolution appoint for that purpose and such signing shall for all purposes be taken as sufficient evidence of the due sealing of such deed, document or other instrument. Accounts (1) The Board shall cause proper accounts to be kept of all transactions of the Board and shall cause to be prepared for every period of 12 months ending on 31 December, in each year, a statement of the accounts of the Board, which statement shall include an income and expenditure account and a balance sheet. (2) The accounts of the Board and the statement of the accounts shall be audited by a professional accountant holding a practising certificate as provided in the Professional Accountants Ordinance (Cap 50), not being a member or ex-member of the Board, who shall certify the statement subject to such report, if any, as he may think fit. (Amended 76 of 1973 s. 3) (3) The audited statement of accounts together with the auditor's report, if any, shall thereafter be laid before the Board at the next succeeding annual meeting thereof. Transitional provisions On the commencement of this Ordinance- (a) all those pieces or parcels of land appropriated by the several Deeds of Appropriation to the use of the former Board are deemed to have been appropriated to the use of the Board upon the same terms and conditions upon which they were appropriated to the use of the former Board until the said land be vested in the Board by appropriate leases of the same; (b) the existing rules governing the maintenance and management of Chinese Permanent Cemeteries made by the former Board shall be deemed to have been made by the Board and shall remain in operation unless and until the same be revoked or replaced by new rules made by the Board pursuant to the provisions of section 8. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Empowering section [12 December 1975] Citation Definition of subscribers privileges Voluntary surrender of subscriber lots Reversion of subscriber lots Allocation of exhumable lots Disinterment and removal of human remains on expiry of term Reversion of exhumable lot Several interments in one grave space Burial in urn of skeletal or cremated remains Reversion of vacant ordinary or subscriber lot after exhumation Reversion of vacant urn lot after removal These rules may be cited as the Chinese Permanent Cemeteries Rules. Application Allocation of niches Reversion of a vacant niche Power of Board to designate niche to be family niche Reversion of family niches allocated Digging, paving, monuments and headstones etc. No warranty against landslips, collapse or damage to retaining walls Power of Board to repair graves and recover expenses Ejection for disorderly conduct Persons causing damage Duty to give notice of change of address Tenancies and contracts Fees These rules shall apply to the cemeteries specified in the First Schedule and the rules published in the Government Gazette as- (a) G.N. 60 of 25 January 1933; (b) G.N. 698 of 13 September 1935; (c) L.N. 137 of 21 June 1974, and any other rules which may have been made by the Board are hereby revoked except Rule III of the said rules in G.N. 60 of 25 January 1933 and adopted by G.N. 698 of 13 September 1935 as set out in the Second Schedule. Interpretation In these rules, unless the context otherwise requires- "Board" (委員會) means the Board of Management of Chinese Permanent Cemeteries established by virtue of the provisions of section 3 of the Chinese Permanent Cemeteries Ordinance (Cap 1112); "cemetery" (墳場) means any cemetery, burial ground, ossuary or columbarium for the time being under the management and control of the Board, as specified in the First Schedule; "close relative" (近親) for the purposes of rules 16, 17 and 21A means the spouse, parent, brother, sister or direct descendant (including their wives): (L.N. 197 of 1986) Provided that a married woman shall be deemed to be the same person as her husband and her close relatives for this purpose shall be those of her husband; "exhumable lot" (須起回骨殖墓地) means a grave space allocated for burial of human remains by the Board subject to the disinterment and removal of any human remains buried therein as provided in rule 13; "family niche" (家族龕位) means a niche in a columbarium designated by the Board as such under rule 21A; (L.N. 197 of 1986) "General Chinese Charities Fund" (華人慈善基金) means the General Chinese Charities Fund established by the Chinese Temples Ordinance (Cap 153); "human remains" (人類遺骸) means the dead body of a human being in any stage of decomposition, including parts thereof or skeletal remains, but does not include cremated human ashes; "ordinary lot" (普通墓地) means a grave space other than a subscriber lot allocated for a burial not subject to exhumation; "ordinary niche" (普通龕位) means a niche in a columbarium other than a family niche; (L.N. 197 of 1986) "permanently resident in Hong Kong" (在香港永久居住) in relation to any person means continuous residence in Hong Kong for a total period of not less than 7 years or the right to land in Hong Kong and to remain free of conditions of stay for the purposes of the Immigration Ordinance (Cap 115); "permittee" (持證人) means a person to whom the Board has allocated a grave space, urn space, or niche and includes a subscriber, the successor in title to the original permittee and the legal heir of the person whose remains are buried in a space: Provided where more than one person qualifies in respect of any space the permittee shall be the legal heir of the person first buried in such space; "relative" (親屬) means the spouse (including concubine), direct descendant (including his spouse), parent, parent-in-law, or sibling (including his spouse or direct descendant or the spouse of such direct descendant); "subscriber" (值理) means a person referred to in Rule III of the rules published in the Gazette as G.N. 60 of 25 January 1933 and adopted by G.N. 698 of 13 September 1935, and includes his successor in title; "subscriber lot" (值理墓地) means a grave space allocated and reserved to a subscriber prior to 23 December 1960 in respect of such space in Aberdeen Chinese Permanent Cemetery and prior to 11 November 1960 in respect of such space in Tsuen Wan Chinese Permanent Cemetery. Eligibility No person except a person of Chinese race permanently resident in Hong Kong and his wife and children may be buried or deposited in a cemetery, and the Board's decision on whether or not an applicant is qualified shall be final. Consent of Board for burials, deposits and removals Without the consent in writing of the Board no person shall bury or deposit in, or exhume or remove from, any cemetery any human remains or human ashes whether encoffined, in urn or otherwise. Reversion of grave spaces allocated Late burials Save for subscriber lots and ordinary lots reserved and allocated prior to 23 December 1960 in respect of Aberdeen Chinese Permanent Cemetery and prior to 11 November 1960 in respect of Tsuen Wan Chinese Permanent Cemetery, any grave space allocated for interment of encoffined human remains not used within 1 month of the date of allocation shall revert to the Board and the fee paid for the grave space, less any cancellation fee, shall be refunded. Late burials The Board may permit a late burial in an ordinary lot and may in its discretion charge a late burial fee. Allocation use and dimension of grave spaces (1) Not more than one grave space shall be allocated for the burial of one set of human remains. (2) A grave space shall not exceed an area of 1200 mm by 2400 mm and there shall not be provision for interspace between adjacent grave spaces: Provided that in the digging for any burial no soil within 150 mm of any adjacent space shall be disturbed. (L.N. 56 of 1982) (3) There shall be not less than 900 mm depth between any part of a coffin buried in a grave space and the level of the ground adjoining the grave. (L.N. 56 of 1982) (4) Urns containing skeletal remains or ashes shall be buried to a depth of not less than 450 mm from the level of the ground adjoining the grave. (L.N. 56 of 1982) Certain permits and certificates to be produced at time of interment In the case of a first interment of encoffined human remains of a person dying in Hong Kong the permittee shall first produce to the Board- (i) a permit of a police officer issued under the provisions of the proviso to section 16(1) of the Births and Deaths Registration Ordinance (Cap 174); (ii) a certificate of registration of death or of a coroner's order issued under the provisions of section 17(1) of the Births and Deaths Registration Ordinance (Cap 174); or (iii) in the case of the body of a still-born child, a certificate, declaration or coroner's order issued or made under the provisions of section 18 of the Births and Deaths Registration Ordinance (Cap 174). In any other case the permission in writing of the Urban Council or of the Regional Council. Permission for exhumation No person shall cause any exhumation without first producing to the Board the permission in writing of the Urban Council or of the Regional Council. Definition of subscribers privileges (1) Only a relative of the subscriber may be nominated for burial in a subscriber lot: Provided that all persons buried in subscriber lots on the day these rules come into effect shall be deemed to be right-fully buried and such graves shall not be disturbed save in accordance with these rules. (2) Subscriber lots shall not be assigned or transferred whether for valuable consideration or otherwise except on the death of the subscriber by transmission at law to his personal representative and/or trustee upon the registration of his Probate or Letters of Administration with the Board. (L.N. 462 of 1991) (3) The Board shall have full and absolute power to deal with and to regularise any matter concerning subscriber lots under this rule and may in its discretion charge a rectification fee: Provided that any rectification fee received, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund. Voluntary surrender of subscriber lots (1) Subscriber lots may be voluntarily surrendered. (2) Where subscriber lots are voluntarily surrendered, the Board shall reallocate the grave spaces available as ordinary lots and the fees arising, less deductions of the equivalent of the administrative fee, shall be paid over to the General Chinese Charities Fund: Provided that the donor may specify that the net fees arising from the allocation of a number of such ordinary lots not exceeding the number of subscriber lots surrendered shall be applied to a charity other than the General Chinese Charities Fund so long as such nominated charity is operating for the benefit of persons of the Chinese race in Hong Kong. Reversion of subscriber lots (1) Where a subscriber attempts to transfer or assign a subscriber lot contrary to rule 10(2), all unused subscriber lots standing reserved and allocated in his name shall revert to the Board in accordance with this rule. (2) Where the Board has reason to believe that a subscriber attempts to transfer or assign a subscriber lot, it shall cause a notice to this effect to be published in the Gazette and in not less than 2 local Chinese newspapers together with details of the particular subscriber lots calling upon the subscriber to show cause within 3 months from the date of the publication of the notice why his subscriber lots should not revert to the Board. (3) The subscriber may show cause by sending to the Board a written statement of his objections. (4) Upon receipt of a written statement of the objections under rule 12(3), the Board may give preliminary consideration to the objections in the absence of the subscriber and may decide to withdraw the notice in rule 12(2). (5) If the Board decides to withdraw the notice in rule 12(2), it shall give notice in writing of such decision to the subscriber by registered post whereupon the notice by the Board in rule 12(2) shall be deemed to have been withdrawn. (6) If the Board decides not to withdraw the notice in rule 12(2), it shall give notice thereof to the subscriber and to invite the subscriber to attend a meeting of the Board at not less than 14 days' notice at which the subscriber shall if he so desires be heard. (7) Where- (a) after hearing the subscriber in the meeting; or (b) the subscriber fails to attend before the Board, and the Board maintains its decision not to withdraw the notice in rule 12(2), the Board shall give notice, together with an adequate statement of the reasons, by registered post of its decision to the subscriber. (6 of 1994 s. 60) (8) Any subscriber aggrieved by the service on him of a notice under rule 12(7) may, within 28 days after such service, appeal to the Administrative Appeals Board. (6 of 1994 s. 60) (8A) A decision that is appealed against under rule 12(8) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Board, be contrary to the public interest and the notice of the decision contains a statement to that effect. (6 of 1994 s. 60) (9) If the subscriber fails to show cause within 3 months from the date of the publication of the notice in rule 12(2) or if the Board decides not to withdraw the notice in rule 12(2) and no appeal is made by the subscriber within the period of 28 days in rule 12(8) or if an appeal is made but is later withdrawn or abandoned or is dismissed by the Administrative Appeals Board, all unused subscriber lots standing reserved and allocated in his name shall revert to the Board. (6 of 1994 s. 60) (10) Any subscriber lot which reverts to the Board under this rule shall be available for any allocation by the Board. Allocation of exhumable lots (1) The Board may designate any grave space to be an exhumable lot at the time of allocation of such grave space. (2) The Board may allocate an exhumable lot, either- (a) for an initial term of 10 years, which may be extended for one further and final term of 6 years at an additional premium which the Board, in its discretion, may determine at the time of expiry of the initial period; or (b) for an initial term of 10 years, which may be extended for an indefinite number of terms of up to 10 years each, at an additional premium which the Board, in its discretion, may determine at the time of expiry of each term; or (L.N. 16 of 1989; L.N. 205 of 1992) (c) for a finite term of 10 years which will not be extended at its expiry. (L.N. 16 of 1989) Disinterment and removal of human remains on expiry of term On the expiry of an initial term of 10 years, which is not extended, or if the initial term is extended, on the termination of such extended term- (a) the permittee shall disinter and remove the human remains buried in the exhumable lot allocated in accordance with rule 13; (b) where the permittee does not disinter the human remains from an exhumable lot allocated in accordance with rule 13 the Board may disinter and remove the human remains if- (i) the Board's intention to disinter has been published in the Gazette and in not less than 2 local Chinese newspapers; and (ii) 6 months has elapsed from the date of such publication. Reversion of exhumable lot After removal of the human remains under rule 14, an exhumable lot shall forthwith revert to the Board, for any further allocation which the Board may make. Several interments in one grave space (1) Save as hereinafter provided no more than one interment shall be allowed in any grave space at any one time except where- (a) the grave is non-exhumable; and (b) the human remains of the second (or subsequent) burial are those of a close relative of the deceased first buried in the grave; and (c) not more than one set of encoffined human remains is buried in the grave at any one time, unless the specific consent of the Board is given in writing. (2) The Board may permit a second or subsequent burial in an exhumable lot where- (a) the unexpired term of the lot is not less than 6 years; and (b) the human remains of the second (or subsequent) burial are those of a close relative of the deceased first buried in the grave; and (c) not more than one set of encoffined human remains is buried in the grave at any one time, unless the specific consent of the Board is given in writing; and (d) the higher of the fee for a niche in an ossuary or in a columbarium is paid to the Board in addition to any other fees payable. Burial in urn of skeletal or cremated remains (1) After exhumation an ordinary lot or a subscriber lot may may be used for the immediate reburial in urn of the skeletal or cremated remains. (2) Skeletal or cremated remains of other relatives, in urn, whether originally buried in a cemetery, ossuary or columbarium managed by the Board or otherwise, may be buried in the same lot. (3) Where one or more urn burials have already taken place a subsequent coffin interment may be permitted with the Board's special consent in writing, where the permittee is able to prove that his nominee for the new interment and each of the persons whose remains are buried therein in urn are close relatives of the first deceased buried in the lot. Reversion of vacant ordinary or subscriber lot after exhumation An ordinary lot or a subscriber lot which remains vacant for a period of 3 months after exhumation shall revert to the Board for any further allocation which the Board may make. Reversion of vacant urn lot after removal Any urning ground or urn lot previously allocated which remains vacant for a period of 3 months after the removal of skeletal or cremated remains shall revert to the Board for any further allocation which the Board may make. Allocation of niches (1) The Board shall allocate a niche in an ossuary, where available, free of charge, for each set of human remains removed from an exhumable lot upon reversion of such lot to the Board for re-allocation. (2) The Board shall allocate a niche in an ossuary where available, free of charge, for each set of human remains removed upon exhumation of an ordinary or subscriber lot for surrender to the Board for re-allocation. (L.N. 146 of 1992) (3) A niche in an ossuary or a columbarium may be allocated upon payment of the prescribed fee for the immediate deposit of a set of human remains. (L.N. 146 of 1992) (4) An ordinary niche may be allocated upon payment of the prescribed fee for the immediate deposit of cremated human ashes. (L.N. 197 of 1986) (5) Each ordinary niche may be used for the deposit of up to 2 sets of human ashes. (L.N. 197 of 1986) Reversion of a vacant niche Power of Board to designate niche to be family niche Reversion of family niches allocated A niche in an ossuary or a columbarium or an ordinary niche which remains vacant for a period of 3 months after allocation or removal of skeletal or cremated remains shall revert to the Board for any further allocation which the Board may make. Power of Board to designate niche to be family niche (1) The Board may designate any niche in a columbarium to be a family niche at the time of the allocation of such niche. (2) A family niche may be allocated upon payment of the fee prescribed for such allocation and the Board may allocate more than one family niche to the same permittee. (3) A family niche allocated to a permittee shall be used immediately for the deposit of cremated human ashes. In the case where more than one family niche have been allocated at any one time to a permittee, at least one of those family niches allocated shall be used immediately for the deposit of cremated human ashes. (4) Each family niche may be used for the deposit of up to four sets of cremated human ashes. Provided always that the second (or subsequent) set of cremated human ashes deposited in a family niche shall be those of a close relative of the deceased first deposited in that niche having the same family surname. For the purpose of this paragraph, a married woman (unless divorced from her husband) shall be deemed to have her husband's family surname. Reversion of family niches allocated (1) If a family niche or all family niches allocated to a permittee at any one time shall remain vacant for a period of 3 months after allocation or removal of cremated human ashes, the Board may at its absolute discretion revoke such allocation and designation by notice in writing addressed to the relevant permittee at his last known address and by posting the said notice at a conspicuous place of the niche or niches. (2) At the expiration of 14 days of such notice being sent and posted as prescribed in paragraph (1), the niche or niches shall revert to the Board. (3) Upon reversion of a family niche or family niches not having been used for the depositing of cremated human ashes pursuant to this rule, all fees paid for the allocation of such niche or niches shall after deduction of an administration fee, be refunded to the permittee: (L.N. 146 of 1992) Provided always that any fees refundable but unclaimed by the permittee within a period of 6 years after reversion shall be paid over to the General Chinese Charities Fund. (4) Any family niche which reverts to the Board under this rule shall be available for any allocation by the Board. Digging, paving, monuments and headstones etc. (1) Save where the Board allows otherwise, the digging and paving in respect of any grave space or urn space shall be effected by the Board at the appropriate fees. (2) Save with the consent in writing of the Board and in accordance with any conditions or restrictions which the Board may impose on the grant thereof, no person shall in any cemetery erect a monument other than a headstone or tablet upon a grave or urn space. (3) Every monument, headstone, tablet, railing, fence, enclosure and every other commemorative article whatsoever, whether movable or immovable, which is placed at any grave or urn space or niche shall be placed there at the sole risk of the permittee, and the Board shall not be liable for any loss or damage thereto arising from any cause whatsoever. No warranty against landslips, collapse or damage to retaining walls Power of Board to repair graves and recover expenses The Board gives no warranty against landslips or the collapse or damage to retaining walls in the event of subsidence, natural disaster or civil commotion and the Board shall not be liable for any compensation for disturbance to any grave as a result of such landslip, collapse or damage. Power of Board to repair graves and recover expenses The Board shall have power to carry out any repairs to graves on behalf of the permittees who failed to respond to the Board's request to carry out such repairs for safeguarding the foundation of the terraces involved and recover any expenses incurred from the permittees concerned. Ejection for disorderly conduct The Board may, by its employees, servants or agents, eject or exclude from any of the cemeteries any person for disorderly conduct. Persons causing damage Duty to give notice of change of address Any person causing damage, for any reasons, whether wilful or otherwise, within a cemetery shall be liable to make good the same to the satisfaction of the Board. Duty to give notice of change of address Every permittee shall give notice in writing to the Board of any change in his address within one month of such change. Tenancies and contracts The Board may award tenancies and contracts for the operation and maintenance of its cemeteries for such periods and on such terms as it deems fit. Fees Fees shall be charged in accordance with the Third Schedule, provided that the Board may waive, reduce or refund fees in any appropriate case. Long title To provide for the establishment of the Hong Kong Trade Development Council, to define its powers and functions and to provide for matters connected therewith or incidental thereto. [30 September 1966] Short title Certain contracts and instruments not required to be under seal Membership of the Council Vice-chairman Chairman at meeting, and restriction on voting Meetings of the Council Transaction of business by circulation of papers Validity of proceedings Meetings of committees Validity of proceedings Qualifications, terms and conditions of service of Executive Director PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Trade Development Council Ordinance. Interpretation Termination of contracts of service by notice Grants Estimates Accounts Audit Report, etc. to be laid on the table of the Legislative Council, and published Investment of surplus funds In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the Hong Kong Trade Development Council appointed under section 11(1)(a) or, during the absence from Hong Kong or incapacity of the Chairman so appointed, the person (if any) appointed under subsection (6) of that section to act as Chairman or, if no person has been appointed to act as Chairman, the vice-chairman appointed under section 12; "committee of the Council" (發展局委員會) means a committee appointed by the Council under section 5(1)(f); "Council" (發展局) means the Hong Kong Trade Development Council established by section 3; "Executive Director" (總裁) means the executive director of the Council appointed under section 5(1)(e); "financial year" (財政年度) means the period commencing on the 1 April each year and ending on 31 March in the year following except that the period from the establishment of the Council to 31 March next thereafter shall be deemed to be a financial year. Establishment and incorporation of the Hong Kong Trade Development Council PART II THE HONG KONG TRADE DEVELOPMENT COUNCIL There is hereby established a council to be called the Hong Kong Trade Development Council which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued, and subject to this Ordinance of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. Functions of the Council The functions of the Council shall be- (a) to promote, assist and develop Hong Kong's overseas trade, with particular reference to exports; and (b) to make such recommendations to the Government as it sees fit in relation to any measures which it considers would achieve an increase in Hong Kong's trade. General powers of the Council Governor in Council may give directions (1) Subject to section 8, the Council may do all such things as are calculated to facilitate, or as are incidental or conducive to, the better carrying out of its functions and to such end may in particular, but without prejudice to the generality of the foregoing- (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) establish and maintain offices both in Hong Kong and overseas; (c) enter into any contract; (d) publish periodicals, booklets and other written material, and produce or sponsor the production of documentary films and other audio-visual material, and distribute the same by sale or by loan, hire or otherwise with or without charge as the Council thinks fit; (e) from time to time and subject to Part V, appoint an Executive Director to be the chief administrative officer of the Council and such other officers, servants and agents, both in Hong Kong and overseas, as it considers necessary to secure the efficient discharge of its functions; and may employ any professional person, in Hong Kong or overseas, to advise the Council on any point arising out of or in connection with any of the functions or powers of the Council; (f) appoint a committee for any such general or special purpose as in the opinion of the Council would be better regulated and managed by means of a committee; (g) borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Council, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this paragraph which itself or together with all other sums previously borrowed or otherwise raised under this paragraph and still outstanding exceeds or in the aggregate exceed 10 per cent of the total estimated expenditure approved under section 22 for the current financial year including the unallocated balances and surpluses (if any) shown in the estimates for the same year; and (h) charge for the use of any facility or service provided by the Council. (2) (a) The number of members of a committee of the Council and their term of office shall be fixed by the Council. (b) A committee of the Council may include persons who are not members of the Council. (c) The Council may make rules respecting the quorum, proceedings and place of meeting of any committee of the Council. Governor in Council may give directions (1) The Governor in Council may, if he considers the public interest so requires, give directions in writing to the Council with respect to the exercise of its powers and the performance of its duties under this Ordinance, and the Council shall comply with those directions. (2) No such direction shall be inconsistent with any provision of this Ordinance. Provident fund or retirement benefit scheme The Council may, with the approval of the Governor, establish, manage and control, or enter into an arrangement with a trust company, an insurance company or association for the establishment, management and control by such company or association either alone or jointly with the Council of a provident fund scheme or a retirement benefit scheme for the benefit of all or any of the officers or servants of the Council or of any specified class of officer or servant of the Council, and if so required by the rules governing such scheme may make contributions thereto in accordance with such rules. Delegation (1) Subject to subsection (2), the Council may, by instrument in writing, delegate to the Executive Director or to any committee of the Council, with or without restrictions or conditions, as the Council thinks fit, such of its powers and functions as it deems expedient for the efficient discharge of the functions of the Council: Provided that no delegation made hereunder shall preclude the Council from exercising or performing at any time any of the powers or functions so delegated. (2) Subsection (1) shall not permit the delegation of the power- (a) to approve the annual programme or estimates of income or expenditure of the Council; or (b) to authorize the annual report or statements of income or expenditure and of assets and liabilities of the Council; or (c) to appoint any officer or servant above the post of senior manager or a posted equivalent thereto; or (Replaced 71 of 1977 s. 3. Amended 2 of 1986 s. 2) (d) to approve general terms and conditions of service of officers or servants of the Council; or (e) to establish or enter into any arrangement for the establishment of a provident fund scheme under section 6; or (f) to transfer any sum, under section 22(4)(a), to any major head of expenditure in the approved estimates of expenditure of the Council, and shall not permit the delegation to any committee of the Council of the power under section 22(4)(b) to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council. Restriction as to future financial commitments Without the approval of the Governor, no contract shall be entered into in the exercise of any of the powers conferred upon the Council by this Ordinance that itself is likely, or together with all other contracts previously entered into are likely, to involve expenditure by the Council in any subsequent financial year under any of the major heads of expenditure specified in section 22(2) of an amount or aggregate amount exceeding the sum in the estimate of expenditure approved by the Governor for the same major head of expenditure in respect of the year in which such contract is entered into (and not transferred to any other major head by the Council) together with any sum transferred to that head by the Council during that year (other than a sum transferred thereto from any unallocated balance or surplus shown in the estimates for that year). Seal of the Council (1) The Council shall have a common seal, and the fixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated by the signatures of any 2 members of the Council, authorized by resolution of the Council either generally or specially to act for that purpose. (2) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be presumed to be a document so executed. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose. Vice-chairman The Council may, from amongst the members of the Council appointed under section 11 (1)(d), appoint a vice-chairman of the Council, and the vice-chairman shall, unless some lesser period is fixed by the Council, hold office as such until his term of office as a member of the Council expires or he earlier ceases to be a member of the Council. Chairman at meeting, and restriction on voting (1) The Chairman or, in his absence from any meeting, the vice-chairman appointed under section 12 or, in the absence from any meeting of both the Chairman and the vice-chairman, the person appointed under subsection (2) shall preside at every meeting of the Council but the person presiding at a meeting shall not vote thereat except in the case of an equality of votes when he shall have a casting vote. (2) In the absence from any meeting of the Council of both the Chairman and the vice-chairman, the members present at the meeting shall, before any other business is transacted at that meeting, appoint a person from among the members present to preside thereat. Meetings of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may from time to time appoint. (2) The Chairman shall, if requested by notice in writing signed by not fewer than 5 members of the Council, convene a meeting of the Council within 14 days of that notice. (Amended 2 of 1986 s. 4) (3) No business shall be transacted at a meeting of the Council unless at least 9 members of the Council are present thereat. (Amended 2 of 1986 s. 4) (4) Every question arising at any meeting of the Council shall be decided by a majority of votes of the members present and voting thereon, each such person having not more than one vote thereon. (5) If a member has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Council at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose to the Council the fact and the nature of his interest. (6) Subject to this Ordinance, the Council may by resolution make rules for the procedure at and conduct of its meetings and the adjournment of any meeting at which a quorum of members is not present. Transaction of business by circulation of papers The Council may, if it thinks fit, transact any of the business by the circulation of papers, and a resolution in writing approved in writing by a majority of the members thereof shall be as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving the resolution. Validity of proceedings The validity of any proceeding of the Council shall not be affected by any defect in the appointment or nomination of any member or by any vacancy among members of the Council. Meetings of committees PART IV COMMITTEES Subject to any rules made by the Council under section 5(2), the quorum, proceedings and place of meeting of a committee of the Council shall be such as the committee may determine. Validity of proceedings The validity of any proceeding of a committee of the Council shall not be affected by any defect in the appointment of any member of the committee or by any vacancy among the members of the committee. Qualifications, terms and conditions of service of Executive Director PART V STAFF No person shall be appointed by the Council to the office of Executive Director- (a) without the prior consent of the Governor; and (b) except upon such terms and conditions of service as are approved by the Governor. Termination of contracts of service by notice The contract of service of every officer and servant of the Council shall contain a provision whereby the contract may be terminated by either party by the giving of such period of notice, in no case exceeding three months or such longer period as the Financial Secretary may in any particular case approve, as may be agreed between the Council and the officer or servant. Grants PART VI FINANCIAL PROVISIONS AND REPORTS Each financial year there shall be paid to the Council out of moneys provided by the Legislative Council such sum as the Governor may approve for the purpose of assisting the Council to exercise its functions. Estimates (1) Each year, before a date to be appointed by the Financial Secretary, the Council shall forward to the Financial Secretary, for the approval of the Governor, a programme of its proposed activities for the next financial year together with or incorporating estimates of its income and expenditure for the same year: Provided that the programme and estimates for the first financial year of the Council shall be forwarded as soon as is practicable after the commencement of this Ordinance. (2) The estimates of the Council shall set out the source of all income, and shall show the distribution of expenditure under the following major heads- (a) staff emoluments (including provision for provident fund benefits, medical expenses and other ancillary pecuniary benefits); (b) capital expenditure exceeding $25000 on any one item; (c) recurrent expenditure other than expenditure shown under head (a) aforesaid and capital expenditure other than expenditure shown under head (b) aforesaid; (d) other non-recurrent expenditure on activities, and the estimates shall also show all unallocated balances and surpluses available for use during the year to which the estimates relate. (3) Each major head of expenditure shall show clearly the destination of all moneys and where several matters are dealt with under the one head each such matter shall be itemized and be shown in a separate sub-head relating to similar items of expenditure, and shall contain such particulars and information as may be required by the Governor. (4) Notwithstanding the approval of the Governor of the estimates of the Council, the Council may at any time or from time to time- (a) transfer from its unallocated balances or surpluses (if any) shown in its estimates to any major head of expenditure or from any major head or heads of expenditure to any other major head of expenditure a sum not exceeding or sums in the aggregate not exceeding 20 per cent of the amount approved for the major head to which such sum is or sums are transferred; and (b) transfer any sum or sums, without restriction, from any sub-head to any other sub-head within the same head of expenditure, but save as permitted by paragraph (a) no sum shall be transferred to any major head of expenditure without the approval of the Governor. (5) The Council may expend on any major head of expenditure or on any sub-head thereof only such sums as have been approved therefor by the Governor (and not transferred to any other major head or sub-head) and such sum as have been transferred thereto under subsection (4). Accounts (1) The Council shall keep proper accounts of all income and expenditure and shall maintain proper and adequate records thereof. (2) As soon as may be convenient after the end of each financial year the Council shall cause to be drawn up a statement of income and expenditure during such financial year and a statement of the assets and liabilities of the Council on the last day thereof. Audit (1) The Council shall appoint auditors who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Council and to require such information and explanations thereon as they think fit. (2) The auditors shall audit the statements drawn up under section 23(2) as soon as possible and shall make a report thereon to the Council. Report, etc. to be laid on the table of the Legislative Council, and published (1) The Council shall as soon as possible after the end of each financial year, but not later than 6 months after the end of each financial year or such longer period as the Governor may as to any particular year allow, make to the Governor a report on its activities and shall transmit to the Governor therewith a copy of the statements drawn up under section 23(2) and the report made under section 24(2) and shall publish reports and statements. (2) The Governor shall cause to be laid on the table of the Legislative Council the reports and statements received by him under subsection (1). Investment of surplus funds All funds of the Council that are not immediately required shall be deposited on fixed deposit in any bank or savings bank nominated by the Financial Secretary, either generally or in any particular case, for that purpose, or, subject to the prior approval of the Financial Secretary, shall be invested in such investments as the Council thinks fit. Long title To provide for the establishment of the Hong Kong Export Credit Insurance Corporation, and to define its powers and functions. [23 December 1966] Short title Advisory Board establishment Policy Approval of policy in respect of certain matters Extent of indemnity Powers of the Corporation Provident fund scheme Appointment of officers Terms and conditions of employment Corporation indemnified Capital PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Export Credit Insurance Corporation Ordinance. Interpretation Loans Bank account Application of moneys Maximum liability Accounts Auditors Access by the Director of Audit Exemption from taxation, stamp duties Annual report Power of Governor to give directions to the Financial Secretary and the Corporation In this Ordinance, unless the context otherwise requires- "Advisory Board" (諮詢委員會) means the Advisory Board established by section 10; "auditors" (核數師) means the auditors appointed under section 25; "Commissioner" (總監) means the Commissioner of the Hong Kong Export Credit Insurance Corporation appointed under section 6; "Corporation" (保險局) means the Hong Kong Export Credit Insurance Corporation established by section 3; "financial year" (財政年度) means the period commencing on the 1 April in any year and ending on the 31 March in the year following, except that the period from the commencement of this Ordinance to 31 March 1967 shall be deemed to be a financial year; "trade with countries outside Hong Kong" (與香港以外國家進行的貿易) includes any transaction (including a transaction for the rendering of a service) involving a consideration in money or money's worth accruing from a person in the course of carrying on business or other activities outside Hong Kong to a person carrying on business in Hong Kong or to a company carrying on business or other activities outside Hong Kong which is directly or indirectly controlled by a company carrying on business or other activities in Hong Kong. Official seal and authentication thereof, and instruments executed thereunder (1) The Corporation shall have and may use a common seal, the affixing of which shall be authenticated by the signature of the Commissioner. (2) Any instrument purporting to be an instrument duly executed under the seal of the Corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into, signed or executed on behalf of the Corporation by any person generally or specially authorized for that purpose by the Corporation. Appointment of Commissioner (1) The Governor may appoint a Commissioner of the Hong Kong Export Credit Insurance Corporation, who may be a public officer seconded for the purpose, on such terms and conditions as he may think fit. (2) The appointment of any person to be the Commissioner, and the termination of his appointment, shall be notified in the Gazette. Delegation of powers by the Corporation The Corporation may delegate any officer of the Corporation, or the person for the time being holding any office of the Corporation designated by it, to exercise such of its powers, except this power of delegation, or perform such of its functions and duties on its behalf as it may consider necessary. Acting Commissioner (1) If the office of Commissioner is vacant at any time or in the event of the absence from duty of the Commissioner, the Governor may appoint a person, who may be a public officer seconded for the purpose, to act as Commissioner on such terms and conditions as he may think fit. (2) A person appointed to act as Commissioner by reason of a vacancy in the office of Commissioner shall hold office during the pleasure of the Governor, but shall not in any event continue in office for more than 1 year from the date of his appointment. (3) A person appointed to act as Commissioner in the event of the absence from duty of the Commissioner shall hold office during that absence, but his appointment may at any time be terminated by the Governor. Business of the Corporation Power of Corporation to enter into re-insurance agreement Guarantees (1) The Corporation may, subject to the provisions of this Ordinance, carry on the business of insurance, being insurance under the contracts of insurance specified in subsection (2), and the business of giving guarantees under section 9B. (Amended 8 of 1974 s.2) (2) The contracts of insurance which the Corporation may enter into under this section are contracts of insurance with, or for the benefit of, persons carrying on business in Hong Kong, being contracts of insurance against risk of monetary loss or other monetary detriment attributable to circumstances outside the control of the person suffering the loss or detriment and resulting from failure to receive payment in connection with, or otherwise arising out of, acts or transactions in the course of, or for the purpose of, trade with countries outside Hong Kong. (3) The Corporation shall not enter into contracts of insurance against risks that are normally insured with commercial insurers. (4) The Corporation shall pursue a policy directed towards securing revenue sufficient to meet all its expenditure properly chargeable to revenue account. Power of Corporation to enter into re-insurance agreement The Corporation may enter into an agreement with any person whereby such person undertakes to insure the Corporation against all or any of the liability of the Corporation under a contract of insurance entered into under section 9 either before or after the commencement of the Hong Kong Export Credit Insurance Corporation (Amendment) Ordinance 1970 (58 of 1970). Guarantees Where- (a) the Corporation has entered into, or proposes to enter into, a contract of insurance under section 9 with, or for the benefit of, any person; and (b) another person has advanced, or proposes to advance, moneys to the first-mentioned person for the purpose of financing, in whole or in part, the acts and transactions, which are the subject matter of the contract of insurance, the Corporation may guarantee to that other person the re-payment of the whole or any part of the moneys advanced or to be advanced by him and the payment of the whole or any part of any interest or other charges that may become payable to him in respect of those moneys. Advisory Board establishment PART III ADVISORY BOARD (1) There is hereby established an Advisory Board to advise the Corporation in the conduct of its business under this Ordinance. (2) The Advisory Board shall consist of- (a) the Commissioner of Insurance or his representative; (Amended L.N. 206 of 1977; L.N. 294 of 1982; L.N. 215 of 1984; L.N. 392 of 1990) (b) the Executive Director, Hong Kong Trade Development Council, or his representative; and (c) not more than 10 other members. (3) The members of the Advisory Board, other than the Commissioner of Insurance and the Executive Director, Hong Kong Trade Development Council- (Amended L.N. 206 of 1977; L.N. 294 of 1982; L.N. 215 of 1984; L.N. 392 of 1990) (a) shall be appointed by the Governor for a term not exceeding 3 years at a time; and (b) shall upon appointment take an oath before a commissioner for oaths in the form prescribed in the First Schedule. (Amended 47 of 1997 s. 10) (4) If a member of the Advisory Board has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Board at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting of the Board, disclose to the Board the fact and the nature of his interest. (5) The Corporation shall not be bound by the advice of the Advisory Board. Policy PART IV POLICY OF THE CORPORATION The Corporation shall keep the Financial Secretary informed of the decisions of the Corporation insofar as they relate to matters of policy in relation to the conduct of its business. Approval of policy in respect of certain matters (1) The policy pursued by the Corporation with respect to any of the following matters, namely- (a) the classes of contracts of insurance into which the Corporation will enter; (b) the nature and extent of the risks that may be covered under contracts of insurance entered into by the Corporation; (c) the undertaking of liabilities in relation to trade with particular countries; (d) the organization of the finances of the Corporation and the determination of the use to which any surpluses acquired by the Corporation are to be put; (e) the determination of the total amount of the capital and reserves required by the Corporation taking into account the sums at risk under contracts of insurance entered into by the Corporation; and (f) the giving of guarantees, (Added 8 of 1974 s.4) shall be subject to the approval of the Financial Secretary: Provided that nothing in this subsection shall prevent the Corporation, when it considers an immediate decision is required, from pursuing a policy which has not been approved by the Financial Secretary if it seeks his approval of such policy at the first available opportunity. (2) Nothing in subsection (1) shall be construed as- (a) requiring the approval of the Financial Secretary to the entering by the Corporation into a particular contract of insurance or the giving by the Corporation of a particular guarantee; or (b) empowering the Financial Secretary to determine that the Corporation shall or shall not enter into a particular contract of insurance or give a particular guarantee, but the Corporation shall not enter into a particular contract of insurance or give a particular guarantee unless the contract or guarantee is in accordance with the policy approved by the Financial Secretary. (Replaced 8 of 1974 s.4) (3) In this section- "surplus" (盈餘) means those balances which the Corporation has in hand at the end of any financial year and which are not required to meet- (a) payments at that time due to be made as a result of claims under examination in respect of contracts of insurance entered into by the Corporation; (b) payments due to be made in respect of the operating expenses of the Corporation; (c) provision for expenditure on capital items, on replacements of fixed assets and on amortization payments incurred by the Corporation; (d) such sums as in the opinion of the Corporation may be required to cover the unexpired risks on contracts of insurance entered into by the Corporation; and (e) any other liabilities. Extent of indemnity (1) A contract of insurance entered into by the Corporation shall specify a percentage as the percentage of the amount of the loss, as defined in the contract, to which the indemnity under the contract extends. (2) The maximum percentage so specified in any contract of insurance shall not exceed 90 per cent or such other maximum percentage as may be prescribed by the Legislative Council by resolution. (Amended L.N. 185 of 1975) Powers of the Corporation PART V POWERS OF THE CORPORATION The Corporation may do, within the Colony or elsewhere, all things necessary or convenient to be done for and in connection with, or incidental to, the carrying on of its business and, in particular, may- (a) acquire, hold and dispose of immovable or movable property; (b) enter into any contract; and (c) pay to the Government out of surpluses held by the Corporation such sums as may be determined pursuant to the policy approved in this respect by the Financial Secretary under section 12(1). Provident fund scheme The Corporation may, with the approval of the Governor, establish, manage and control, or enter into an arrangement with an insurance company or association for the establishment, management and control by such company or association, either alone or jointly with the Corporation, of a provident fund scheme for the benefit of the Commissioner and any of the officers of the Corporation, or of any specified class of officer of the Corporation, and if so required by rules governing such scheme may make contributions thereto in accordance with such rules. Appointment of officers PART VI STAFF Subject to the provisions of section 17, the Corporation may appoint such officers as it thinks necessary. Terms and conditions of employment (1) The terms and conditions of employment of officers appointed by the Corporation shall be such as are determined by the Corporation with the approval of the Financial Secretary. (2) The appointment by the Corporation of an officer whose annual salary is equivalent to or exceeds that of a Senior Administrative Officer in the public service shall be subject to the approval of the Governor. (Amended 8 of 1974 s.5; 5 of 1990 s. 2) Corporation indemnified PART VII FINANCE The Government shall guarantee the payment of all moneys due by the Corporation, but nothing in this section shall authorize a creditor or other person claiming against the Corporation to sue the Government in respect of his claim. Capital The Financial Secretary may pay to the Corporation from the general revenue of the Colony or the Development Loan Fund, in such amounts and at such times as he determines, sums of money not exceeding in the aggregate $20000000, and the capital of the Corporation shall consist of the amounts so paid to the Corporation. Loans (1) The Financial Secretary may, out of moneys appropriated by the Legislative Council for the purposes of this Ordinance, make advances to the Corporation of such amounts, and upon such terms and conditions with respect to repayment, payment of interest and otherwise, as the Financial Secretary may determine. (2) The Corporation may borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Corporation, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this subsection which itself or together with all other sums previously borrowed or otherwise raised under this subsection and still outstanding exceeds or in the aggregate exceed 5 per cent of the capital and reserves of the Corporation. Bank account (1) The Corporation shall open and maintain an account with such bank as the Financial Secretary may approve. (2) The Corporation shall pay all moneys received by it into such an account as is referred to in subsection (1). Application of moneys (1) Save as otherwise provided by this Ordinance, the moneys of the Corporation shall be applied only- (a) in payment or discharge of the expenses, charges and liabilities incurred or undertaken by the corporation in the exercise of its powers or the performance of its functions and duties under this Ordinance; and (b) in payment of the remuneration and allowances of the Commissioner. (2) Moneys of the Corporation not immediately required for the purposes of the Corporation may be invested on deposit with any bank or in such other manner as the Financial Secretary may direct. Maximum liability The contingent liability of the Corporation under contracts of insurance shall not at any time exceed the sum of three hundred million dollars* or such other sum as may be determined by the Legislative Council by resolution. (* Amount amended by resolutions of the LegCo - see L.N. 135 of 1967; L.N. 19 of 1969; L.N. 75 of 1971; L.N. 209 of 1973; L.N. 210 of 1974; L.N. 200 of 1977; L.N. 109 of 1980; L.N. 172 of 1982; L.N. 108 of 1984; L.N. 79 of 1985; L.N. 34 of 1988; L.N. 159 of 1989; L.N. 97 of 1991. Current amount is $10000 million - see L.N. 612 of 1997.) Accounts (1) The Corporation shall keep proper accounts of all income and expenditure and shall maintain proper and adequate records thereof. (2) As soon as may be convenient after the end of each financial year, the Corporation shall cause to be drawn up, in such form as the Financial Secretary may approve, a statement of its income and expenditure during such financial year and a statement of the assets and liabilities of the Corporation on the last day thereof. Auditors (1) The Corporation shall with the approval of the Financial Secretary appoint auditors, who shall be entitled at any time to have access to all accounts, records and documents of the Corporation and to require such information and explanation thereon as they may think fit. (2) The auditors shall audit the statements drawn up under section 24(2) as soon as possible and shall make a report thereon to the Corporation. Access by the Director of Audit The Director of Audit and any public officer authorized by him shall be entitled at all reasonable times to full and free access to all accounts, records and documents of the Corporation relating directly or indirectly to the receipt or payment of moneys by the Corporation or to the acquisition custody or disposal of assets of the Corporation. Exemption from taxation, stamp duties (1) The profits of the Corporation shall not be subject to taxation. (2) Notwithstanding the provisions of the Stamp Duty Ordinance (Cap 117), the Corporation shall not be liable to pay stamp duty in excess of $5 in respect of any instrument or document executed by or on behalf of the Corporation. (Amended 31 of 1981 s. 65) Annual report (1) The Corporation shall, within a period of 6 months, or within such longer period as the Governor may determine, after the end of each financial year, furnish to the Governor a report of its operations during that financial year, copies of the financial statements in respect of that year drawn up under section 24(2) and a copy of the auditors' report on those statements. (2) The Governor shall cause to be laid on the table of the Legislative Council the reports and financial statements furnished to him pursuant to subsection (1). Power of Governor to give directions to the Financial Secretary and the Corporation PART VIII MISCELLANEOUS (1) The Governor may give to the Financial Secretary and the Corporation such directions as he thinks fit with respect to the exercise or performance of their respective powers, functions and duties under this Ordinance, either generally or in any particular case. (2) The Financial Secretary and the Corporation shall, in the exercise or performance of their respective powers, functions and duties under this Ordinance, comply with any directions given by the Governor under subsection (1). Validity of insurance contracts and guarantees Without prejudice to the duty of the Corporation to comply with the provisions of this Ordinance, a contract of insurance entered into, or a guarantee given, by the Corporation shall not be invalidated by reason of a contravention by the Corporation of any provision of this Ordinance. Secrecy (1) The Commissioner and such other officers of the Corporation as the Corporation may require shall, before entering on the performance of their duties, take an oath before a commissioner for oaths in the form prescribed in the Second Schedule. (Amended 47 of 1997 s. 10) (2) Any person who in the performance of his functions or duty, or in the course of his employment, under or in connection with the provisions of this Ordinance has acquired, or has access to, information relating to the affairs of any person shall not, except in performance of his functions or duty, or in the course of his employment, under or in connection with the provisions of this Ordinance, communicate or make available that information to any other person. (3) Any person who contravenes the provisions of subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 2 years. False statements Any person who wilfully makes a statement which is false or misleading in a material particular in or in connection with an application or proposal for insurance or a guarantee, or for the purposes of a claim under a contract of insurance or a guarantee, under this Ordinance shall be guilty of an offence and shall be liable on conviction to a fine of $10000 and to imprisonment for 2 years. Oath or Affirmation of Secrecy [section 10] Advisory Board I, ..................................................................................................................................do swear by Almighty God (or do solemnly and sincerely affirm and declare) that I will not, except in the performance of my functions as a member of the Advisory Board established by the Hong Kong Export Credit Insurance Corporation Ordinance (Cap 1115), communicate or make available to another person any information relating to the affairs of a person coming to my knowledge, or to which I have access, as a member of the Advisory Board. (Signed) .................................................................... In Hong Kong this ............................................. day of ................................................... Before me, ........................................................................................................... Commissioner for Oaths. Oath or Affirmation of Secrecy [section 31] I, .................................................................................................................................. do swear by Almighty God (or do solemnly and sincerely affirm and declare) that I will not, except in the performance of my functions or duty or in the course of my employment under or in connection with the Hong Kong Export Credit Insurance Corporation Ordinance (Cap 1115), communicate or make available to another person any information relating to the affairs of a person coming to my knowledge, or to which I have access, in the performance of my functions or duty or in the course of my employment under or in connection with the said Ordinance. (Signed) .................................................................... In Hong Kong this ............................................. day of ................................................... Before me, ........................................................................................................... Commissioner for Oaths. Long title To provide for the establishment of the Hong Kong Productivity Council and to define its powers and functions. [20 January 1967] Short title Chairman of meetings, and restriction on voting Meetings of the Council Transaction of business by circulation of papers Validity of proceedings (Repealed 67 of 1993 s. 6) (Repealed 67 of 1993 s. 6) Estimates Accounts Audit Reports to be laid on table of Legislative Council PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Productivity Council Ordinance. Interpretation Investment of surplus funds Prohibition of possession and use of emblem Amendment of Second Schedule (Repealed 67 of 1993 s. 7) In this Ordinance, unless the context otherwise requires- "arrangement" (安排) means contract, licensing agreement or agreement under seal; "Chairman" (主席) means the Chairman of the Hong Kong Productivity Council appointed under section 9(1)(a) or, during the absence from Hong Kong or incapacity of the Chairman so appointed, the person (if any) appointed under subsection (5) of that section to act as Chairman or, if no person has been appointed to act as Chairman, the Deputy Chairman appointed under subsection (2) of that section; "company" (公司) means a company registered under the Companies Ordinance (Cap 32) and limited by shares; "Council" (促進局) means the Hong Kong Productivity Council established by section 3; "Executive Director" (總裁) means the Executive Director appointed under section 5(1)(h) by the Council. Establishment and incorporation of the Hong Kong Productivity Council PART II THE HONG KONG PRODUCTIVITY COUNCIL There is hereby established a council to be called the Hong Kong Productivity Council which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. Functions of Council (1) The functions of the Council shall be- (a) to promote the increased productivity of industry in Hong Kong and to encourage the more efficient utilization of resources therein; (b) to consider matters affecting productivity of industry in Hong Kong; (c) to advise the Governor concerning the productivity of industry in Hong Kong and measures designed to increase it; (d) to consult with, co-ordinate and assist the activities of persons or organizations, either in Hong Kong or elsewhere, engaged in the study, development or dissemination of programmes, methods or techniques designed to increase productivity in industry; and (e) to take on productivity related assignments elsewhere than in Hong Kong subject to the conditions specified in subsection (2). (2) The Council shall not carry out any work in pursuance of the function referred to in subsection (1)(e) unless- (a) the work can be carried out without prejudice to the performance by the Council of the functions referred to in subsection (1)(a), (b), (c) and (d); and (b) the minimum rate charged by the Council for the work is sufficient to recover all costs incurred in carrying out that work, which costs shall include direct costs (recurrent and capital) and overhead costs. (3) In favour of a person dealing with the Council in good faith, any transaction decided on by the Council in pursuance, or purporting to be in pursuance, of the function referred to in subsection (1)(e) shall be deemed to be one which it is within the power of the Council to enter into, and the power of the Council to so enter into that transaction shall be deemed to be free of any limitation referred to in subsection (2), and a party to such a transaction shall not be bound to inquire as to the power of the Council to enter into it or as to any limitation referred to in subsection (2) on the Council to enter into it or to carry it out, and shall be presumed to have acted in good faith unless the contrary is proved. Powers of Council Governor in Council may give directions (1) Subject to subsections (1A), (1B), (1C), (1D) and (2), the Council may do all such things as are calculated to facilitate, or as are incidental or conducive to, the better carrying out of its functions and may in particular, but without prejudice to the generality of the foregoing- (Amended 18 of 1990 s. 2) (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (ab) sell or otherwise dispose of shares acquired by it in a company referred to in paragraph (l) or a company established by it pursuant to its power under paragraph (n); (Added 18 of 1990 s. 2) (b) enter into, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation; (Replaced 18 of 1990 s. 2) (c) to meet expenditure on any item shown in the estimates of expenditure of the Council approved by the Governor under section 16, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Council, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this paragraph which itself, or together with all other sums previously borrowed or otherwise raised under this paragraph and still outstanding, exceeds, or in the aggregate exceed, 10 per cent of the total estimated expenditure approved by the Governor under section 16 for the current financial year; (d) become a member of, act as agent for or otherwise take part in the activities of any association or institution (other than any association or institution which is a company) which is, either wholly or in part, concerned with any matter relating to productivity of industry; (e) found scholarships, make research grants or otherwise give financial or other assistance to persons engaged in study or research into any matter relating to productivity of industry; (f) hold classes, seminars, demonstrations, exhibitions, lectures or any other form of instructional or promotional activity and charge fees therefor; (g) publish periodicals, booklets or other written material, and produce or sponsor the production of documentary films or other audio-visual material, and distribute the same by sale or by loan, hire or otherwise with or without charge as the Council thinks fit; (h) from time to time and subject to section 6, appoint an Executive Director to be the chief administrative officer of the Council and such other officers, servants and agents as it considers necessary for the efficient performance of its functions; and employ any professional person to advise the Council on any point arising out of or in connection with any of the functions or powers of the Council; (i) appoint a standing committee (of which the Executive Director shall be an ex officio member) for such general purpose, and from time to time a special committee for such special purpose, as in the opinion of the Council would be better regulated and managed by such a committee; (Replaced 67 of 1993 s. 3) (j) subject to subsection (3), by instrument in writing, delegate to the Executive Director or any committee appointed under paragraph (i) such of its powers and functions as it deems expedient for the efficient performance of the Council's functions, and in so doing shall determine the limit of expenditure which may be incurred, without further authorization, in the exercise of any power so delegated: Provided that no delegation made hereunder shall preclude the Council from exercising or performing at any time any of the powers or functions so delegated; (Replaced 67 of 1993 s. 3) (k) patent any invention invented by, or with the assistance of, the Council and sell, let, license or otherwise dispose of the same; (Added 57 of 1985 s. 4) (l) enter into an arrangement with any company engaged in industry for the establishment, management and control by such company either alone or jointly with the Council of a scheme calculated to facilitate, or be incidental or conducive to, the better carrying out of the functions of the Council; (Added 57 of 1985 s. 4. Amended 18 of 1990 s. 2) (m) undertake any project relating to productivity of industry not otherwise provided for in this section; (Added 57 of 1985 s. 4. Amended 18 of 1990 s. 2) (n) establish any company, either alone or jointly with another person, for the purpose of doing any thing which the Council may do and may vest in any company so established such functions and powers as in the opinion of the Council are calculated to facilitate, or be incidental or conducive to, the better carrying out of activities relating to productivity of industry; and (Added 18 of 1990 s. 2) (o) for the purpose of establishing a company pursuant to its power under paragraph (n), acquire a company limited by guarantee which is, either wholly or in part, concerned with any matter relating to productivity of industry. (Added 18 of 1990 s. 2) (1A) For the purposes of subsection (1)(l), the Council may become a member of, act as agent for or otherwise take part in the activities of or, subject to subsection (1B), acquire shares of any company which is, either wholly or in part, concerned with any matter relating to productivity of industry. (Added 57 of 1985 s. 4) (1B) For the purposes of subsection (1)(l), the Council shall not acquire any interest in a company other than to acquire from that company, without any payment by the Council, shares of that company in return for the Council entering into an arrangement with that company: (Added 57 of 1985 s.4) Provided that the Council may acquire shares in that company by payment where the Council has the approval of the Governor to so acquire such shares, which approval may specify the maximum amount of such payment in any particular case. (Added 18 of 1990 s. 2) (1C) Where the Council has established a company pursuant to its power under subsection (1)(n), the Council- (a) shall not acquire shares in such company by payment except with the approval of the Governor, which approval may specify the maximum amount of such payment in any particular case; and (b) may- (i) make loans to such company upon such terms and conditions as the Council thinks fit; or (ii) give other financial assistance (including gifts) to such company with the approval of the Governor, which approval may specify the maximum amount of such financial assistance in any particular case. (Added 18 of 1990 s. 2) (1D) The Council shall not acquire by payment a company referred to in subsection (1)(o) except with the approval of the Governor. (Added 18 of 1990 s. 2) (2) The Council may, with the approval of the Governor, establish, manage and control, or enter into an arrangement with an insurance company or association for the establishment, management and control by such company or association either alone or jointly with the Council of a provident fund scheme for the benefit of all or any of the officers and servants of the Council or of any specified class of officer or servant of the Council, and if so required by the rules governing such scheme may make contributions thereto in accordance with such rules. (3) Subsection (1)(j) shall not permit the delegation of the power- (a) to approve the annual programme or estimates of income and expenditure of the Council, or (b) to authorize the annual report or statements of income and expenditure and of assets and liabilities of the Council, or (c) (Repealed 83 of 1974 s. 2) (d) to approve general terms and conditions of service of officers or servants of the Council, or (e) to transfer, under section 16(4)(a), any sum exceeding the amount specified in Part I of the Second Schedule from any major head of expenditure to any other major head or heads of expenditure in the approved estimates of expenditure of the Council, or (f) to establish or enter into any arrangement for the establishment of a provident fund scheme under subsection (2), and shall not permit the delegation to any committee appointed under subsection (1)(i) of the power to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council. Governor in Council may give directions (1) The Governor in Council may, if he considers the public interest so requires, give directions in writing to the Council with respect to the exercise of its powers and the performance of its functions under this Ordinance, and the Council shall comply with those directions. (Amended 57 of 1985 s. 5) (2) No such direction shall be inconsistent with any provision of this Ordinance. Approval of salary scales by Governor (1) The Council shall, before establishing or varying any salary scale (including any scale of allowances and other pecuniary benefits) for any officer or servant or class of officer or servant of the Council, submit for the approval of the Governor particulars thereof, and the Governor may confirm the same either generally in respect of the relevant class of officer or servant or specially in respect of a particular officer or servant or a particular post. (2) No officer or servant of the Council shall be paid any salary other than a salary in the appropriate scale approved by the Governor under subsection (1). Seal of the Council (1) The Council shall have a common seal, and the fixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated by the signatures of any 2 members of the Council, authorized by resolution of the Council either generally or specially to act for that purpose. (2) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose. Membership of Council PART III MEMBERSHIP AND PROCEDURE OF COUNCIL (1) The Council shall consist of not more than 23 members to be appointed by the Governor, of whom- (Amended 18 of 1990 s. 3) (a) one shall be appointed by the Governor as Chairman of the Council; (b) not more than 17 shall be appointed to represent management, labour and professional or academic interests; and (Amended 18 of 1990 s. 3; 67 of 1993 s. 4) (c) not more than 5 shall be public officers. (Replaced 83 of 1974 s. 3. Amended 67 of 1993 s. 4) (2) There shall be a Deputy Chairman of the Council who shall be appointed by the Governor from amongst the members. (3) (a) Every member of the Council who is a public officer shall hold office during the pleasure of the Governor. (b) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1), every member of the Council who is not a public officer shall be appointed for a period of 2 years or for such lesser period as the Governor may in any particular case appoint, but may from time to time be reappointed. (4) Any member who is not a public officer may at any time by notice in writing to the Governor resign from the Council. (5) If the Chairman of the Council is absent from Hong Kong or is, for any other reason unable to act as Chairman, the Governor may appoint a member of the Council to act as Chairman during the absence or incapacity of the Chairman. (6) If any member other than the Chairman is absent from Hong Kong, or is for any other reason unable to exercise the powers or perform the duties of his office as a member of the Council, the Governor may appoint another person to be a temporary member of the Council during the absence or incapacity of that member. Chairman of meetings, and restriction on voting The Chairman or, in his absence from any meeting, the Deputy Chairman appointed under section 9(2) shall preside at every meeting of the Council but the person presiding at a meeting shall not vote thereat except in the case of an equality of votes when he shall have a casting vote. Meetings of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may from time to time appoint. (2) The Chairman shall, if requested by notice in writing signed by not fewer than 4 members of the Council, convene a meeting of the Council within 14 days of that notice. (3) At all meetings of the Council a majority of the members shall form a quorum. (4) All questions arising at any meeting of the Council shall be decided by a majority of votes of the members present and voting thereon. (5) Subject to this Ordinance, the Council may by resolution make rules for the procedure at and conduct of its meetings. (6) If a member is in any way directly or indirectly interested in a matter under discussion at a meeting of the Council- (a) he shall disclose the nature of his interest at the meeting; (b) the disclosure shall be recorded in the minutes of the Council; (c) the member presiding at the meeting may at his discretion require the member who has disclosed the interest to withdraw from the meeting; and (d) in the event that the member who has disclosed the interest is the member presiding at the meeting, the other members present may, by a majority of votes, require him to withdraw from the meeting, and (in the absence of the Deputy Chairman) appoint one of their number to preside at the meeting during his absence. (Added 67 of 1993 s. 5) Transaction of business by circulation of papers The Council may, if it thinks fit, transact any of its business by the circulation of papers, and a resolution in writing approved in writing by a majority of the members thereof shall be as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving the resolution. Validity of proceedings The validity of any proceeding of the Council shall not be affected by any defect in the appointment of any member or by the absence of any member from the meeting at which such proceeding occurred or by any vacancy among members of the Council. (Repealed 67 of 1993 s. 6) PART IV (Repealed 67 of 1993 s. 6) PART IV Estimates PART V FINANCIAL PROVISIONS AND REPORTS (1) Each financial year, before a date to be appointed by the Governor, the Council shall forward to the Financial Secretary, for the approval of the Governor, a programme of its proposed activities for the next financial year together with or incorporating estimates of its income and expenditure for the next financial year in the form required by subsections (2) and (3): Provided that the programme and estimates of income and expenditure for the first financial year of the Council shall be forwarded as soon as is practicable after the commencement of this Ordinance. (2) The estimates required by subsection (1) shall set out the source of all income, and shall show the distribution of expenditure under the following major heads- (a) staff emoluments (including provision for provident fund contributions and benefits, medical expenses and other ancillary pecuniary benefits); (b) capital expenditure exceeding the amount specified in Part II of the Second Schedule on any one item; (Amended 57 of 1985 s. 9) (c) recurrent expenditure other than expenditure shown under head (a) aforesaid and capital expenditure other than expenditure shown under head (b) aforesaid; (d) non-recurrent expenditure other than capital expenditure shown under head (b) or (c) aforesaid. (3) Each major head of expenditure shall show clearly the destination of all moneys and where several matters are dealt with under the one head each such matter shall be itemized and be shown in a separate sub-head relating to similar items of expenditure. (4) Notwithstanding the approval of the Governor of the estimates of the Council, the Council may at any time or from time to time and with or without specifying the purpose of the transfer- (a) transfer to head (b), (c) or (d), or to each such head, from any other major head of expenditure a sum not exceeding or sums in the aggregate not exceeding 20 per cent of the amount approved for the head to which such sum is or sums are transferred; and (Amended 57 of 1985 s.9) (b) transfer any sum or sums, without restriction, from any sub-head to any other sub-head or sub-heads within the same head of expenditure, but save as permitted by paragraph (a) no sum shall be transferred from one major head to any other major head of expenditure without the approval of the Governor. Accounts (1) The Council shall keep proper accounts of all income and expenditure and shall maintain proper and adequate records thereof. (2) As soon as may be convenient after the end of each financial year the Council shall cause to be drawn up a statement of income and expenditure during such financial year and a statement of the assets and liabilities of the Council on the last day thereof. Audit (1) The Council shall appoint auditors who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Council and to require such information and explanations thereon as they think fit. (2) The auditors shall audit the statements drawn up under section 17(2) as soon as possible and shall make a report thereon to the Council. Reports to be laid on table of Legislative Council (1) The Council shall as soon as possible after the end of each financial year, but not later than 6 months after the end of each financial year or such longer period as the Governor may as to any particular year allow, make to the Governor a report on its activities and shall transmit to the Governor therewith a copy of the statements drawn up under section 17(2) and the report made under section 18(2). (Amended 57 of 1985 s. 10) (2) The Governor shall cause to be laid on the table of Legislative Council the reports and statements received by him under subsection (1). Investment of surplus funds All funds of the Council that are not immediately required shall be deposited on fixed deposit in any bank or savings bank nominated by the Financial Secretary, either generally or in any particular case, for that purpose, or, subject to the prior approval of the Financial Secretary, shall be invested in such investments as the Council thinks fit. Prohibition of possession and use of emblem PART VI MISCELLANEOUS (1) Except with the authority of the Council, no person shall use or have in his possession- (a) the emblem of the Council, which emblem is portrayed in the First Schedule, or any copy or replica of such emblem; (Amended 57 of 1985 s. 11) (b) any emblem or device containing the words "Hong Kong Productivity Council"; or (c) any emblem or other device which so resembles the emblem or any device of the Council as to be capable of being mistaken for such emblem or device. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $1000. Amendment of Second Schedule The Governor may by order published in the Gazette amend the Second Schedule. [section 21] SPECIFIED AMOUNTS [sections 5(3)(e), 16(2)(b) & 22] PART I $200000 PART II $75000 Long title To establish The English Schools Foundation, to provide for its incorporation, constitution, functions and matters connected therewith. [17 February 1967] Short title Regulations Members Form of contract Registration with Registrar of Companies Saving This Ordinance may be cited as The English Schools Foundation Ordinance. Interpretation (1) In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the Foundation; "Foundation" (協會) means The English Schools Foundation established and incorporated under section 3; "Principal" (校長) means the headmaster of a school; "regulations" (規例) means the regulations of the Foundation made under section 10 and filed with the Registrar of Companies in accordance with section 13; "school" (學校) means an institution or place which provides or where there is provided for 10 or more persons kindergarten, primary, secondary, post-secondary or further education or other educational course, and in the case of instruction given by means of correspondence delivered by hand or through the postal services, the institution or place where the instruction is prepared or where the work of the pupils is examined. (2) For the purpose of this Ordinance, "good cause" (好的因由), when used with reference to removal from office, membership or place, means inability to perform efficiently the duties of the office, neglect of duty, or such misconduct, whether in an official or a private capacity, as renders the holder unfit to continue in office. Incorporation of the English Schools Foundation There is hereby established in the Colony a Foundation with the name of "The English Schools Foundation". Subject to section 11, the Foundation shall consist of such members as may be provided by regulations made under section 10. The Foundation shall be a body corporate and shall have perpetual succession and may sue or be sued in that name and shall have and may use a common seal and may from time to time break, change, alter and make anew the said seal as the Foundation may deem fit. Powers of Foundation (1) The Foundation shall have full power to take by gift or otherwise purchase and hold, grant, demise, mortgage or otherwise dispose of real or personal estate and in addition shall have all other powers conferred by under or by virtue of this Ordinance. (Amended 74 of 1974 s. 3) (2) Subject to the provisions of the Education Ordinance (Cap 279) the Foundation shall have full power to own, manage, administer and operate within the Colony schools offering, without regard to race or religion, a modern liberal education through the medium of the English language to boys and girls who are able to benefit from such an education. Dividends prohibited No dividend or bonus whatsoever shall be paid and no gift or division of money or any property whatsoever shall be made by or on behalf of the Foundation to any of its members or to any of the staff or students of the schools of the Foundation except by way of prize, reward or special grant. Manager and Supervisor of the Schools (1) Subject to the approval of the Director of Education, the Foundation shall, for the purposes of the Education Ordinance (Cap 279), be registered as the sole manager and supervisor of each of the schools of the Foundation. (2) Acting on behalf of the Foundation, the Principal of a school of the Foundation shall conduct all correspondence relating to the administration, management and supervision of such school. Foundation, Executive Committee, School Councils, their constitution, powers and duties (1) The Foundation shall establish an Executive Committee and School Councils. The respective constitutions, powers and duties of the Foundation, the Executive Committee and the School Councils shall be as prescribed by this Ordinance. (2) The Foundation shall, subject to the provisions of this Ordinance, be the supreme governing body over the Executive Committee, the School Councils, the schools and any committees established thereunder, and the Executive Committee, the School Councils, the schools and the other committees shall comply with any resolutions which may from time to time be made by the Foundation. (3) The Executive Committee shall be the executive body of the Foundation, shall provide for the custody and use of the common seal, and, subject to the provisions of the Education Ordinance (Cap 279) and of this Ordinance, it shall administer the property and manage the affairs of the Foundation. (4) Subject to the provisions of this Ordinance and to the financial control of the Executive Committee, each School Council shall have the regulation of all matters relating to education within its own school. (5) No act or resolution of the Foundation, the Executive Committee or the School Councils shall be invalid by reason only of any vacancy in, or any want of qualification by or invalidity in the election or appointment of any member of, any such body. Committees generally (1) The Foundation, the Executive Committee and any School Council respectively may establish such committees as they think fit. (2) Unless otherwise expressly provided by the regulations, any committee may consist partly of persons who are not members of the Foundation, the Executive Committee or the School Council, as the case may be. (3) Subject to the provisions of this Ordinance, the Foundation, the Executive Committee and any School Council respectively may, with or without restrictions or conditions as they think fit, delegate any of their powers and duties to any committee. Officers and staff, their appointment, powers, duties and emoluments (1) The officers of the Foundation shall be the Chairman, Vice-chairman, Secretary, Treasurer and such other persons as may be designated as officers by the regulations. (2) All officers shall be appointed by the Foundation in accordance with the regulations, and the Foundation shall not terminate any such appointment otherwise than for good cause after the consideration of the recommendation of the Executive Committee. (3) The Chairman shall be the chief officer of the Foundation, and shall preside at all meetings of the Foundation and of the Executive Committee. (4) In the absence of the Chairman, the Vice-chairman shall have all the powers and duties of the Chairman. (5) In the absence of the both the Chairman and the Vice-chairman from a meeting of the Foundation or of the Executive Committee the Secretary or the Treasurer shall preside until the members present shall have elected a chairman from amongst themselves to conduct the business of the meeting. (6) The Secretary shall be the principal academic and administrative officer of the Foundation. (7) In the absence of the Secretary the Foundation may appoint an Acting Secretary, who shall, while acting, have all the powers and duties of the Secretary. (8) Subject to the approval of the Director of Education the Principal of each school shall be appointed and the period of such employment shall be determined by the Executive Committee acting on behalf of the Foundation upon the recommendation of the appropriate School Council. The Executive Committee shall not terminate any such appointment otherwise than for good cause after due consideration of the recommendation of the School Council. (9) A Principal shall be responsible for the appointment of all other members of the staff of his school, such appointments being subject to confirmation by the Executive Committee acting on behalf of the Foundation upon the recommendation of the Principal and of the School Council. (10) An appeal shall lie to the Foundation from any decision of the Executive Committee to terminate the appointment of any member of the staff of a school. (11) The powers and duties of the officers of the Foundation, the Principals of each school and the staff of the schools, the period and conditions for and upon which they hold office, and their emoluments shall be such as are prescribed by this Ordinance or by the terms of the contract of service or employment. (12) Notwithstanding the provisions of subsections (2), (8) and (9) any officer or member of staff- (a) who is appointed after or continued in employment beyond the retiring age determined by the Executive Committee; or (b) whose employment is temporary, part-time or probationary, may be removed from office in accordance with the terms of his contract or on any other lawful grounds, without any reason for such removal being assigned. Regulations (1) The Foundation may make regulations- (a) for the composition, internal management, operation, administration and control of the Foundation and the Schools of the Foundation and with regard to any matter ancillary thereto including the fixing of a quorum for meetings of the Foundation which shall, unless otherwise provided by the regulations be ten members present in person; (b) generally, for the carrying into effect of this Ordinance. (2) It shall not be necessary for any regulations made under this section to be published or laid on the table of the Legislative Council. Members (1) The first members of the Foundation shall be- (a) (i) 2 persons nominated by the Members of the Legislative Council, other than Official Members, from among their own number; (Replaced 67 of 1987 s. 2) (ii) the Director of Education or his appointed representative; (iii) the Vice-Chancellor of the University of Hong Kong or his appointed representative; (iv) the Vice-Chancellor of the Chinese University of Hong Kong or his appointed representative; (v) the Bishop of Victoria, Hong Kong, or his appointed representative; (vi) the Roman Catholic Bishop of Hong Kong or his appointed representative; (vii) 1 person appointed by the Ministers of the Union Church, Hong Kong, the Kowloon Union Church, and the English Methodist Church jointly; (b) (i) 3 persons appointed by the members specified in paragraph (a) of this subsection to represent the interests of other professional groups; (ii) Such other persons or representatives of organizations, not exceeding 3 in number, as may be appointed by the members specified in paragraph (a) of this subsection to represent commercial interests. (2) The first members of the Foundation shall hold office until regulations are made under section 10 for the composition of the Foundation and shall then cease to hold office pursuant to this section. Form of contract (1) Contracts on behalf of the Foundation may be made as follows- (a) a contract which, if made between private persons, would be required by law to be in writing, shall be in writing and, if required by English law to be under seal, shall be made under the common seal of the Foundation; (b) a contract which, if made between private persons, would be required by law to be in writing, and signed by the parties to be charged therewith, shall be made on behalf of the Foundation in writing signed by any person acting under the express or implied authority of the Executive Committee; (c) a contract which, if made between private persons would be valid by law although made by parole only and not reduced into writing, may be made by parole on behalf of the Foundation by any person acting under the express or implied authority of the Executive Committee. (2) A contract made according to this section shall be effectual in law and shall bind the Foundation and all other parties thereto. (3) A contract made according to this section may be varied or discharged in the same manner in which it is authorized by this section to be made. (4) Instruments under seal made on behalf of the Foundation, sealed with the common seal of the Foundation, signed by the Chairman, or the Vice-chairman, or the Treasurer, and countersigned by the Secretary, shall be deemed to be duly executed. Registration with Registrar of Companies (1) The Foundation shall deliver to the Registrar of Companies for filing the following- (a) notice of the address of the principal office of the Foundation and any change thereof; (b) a copy of all regulations made by the Foundation, certified as correct by the Chairman and Secretary; and (c) a list of the names and addresses of the office bearers and members of the Executive Committee and any change therein, certified as correct by the Chairman and Secretary. (2) Delivery in accordance with subsection (1) shall be made within 28 days of the commencement of this Ordinance or within 28 days of the making of the regulations or of any change or appointment, as the case may be. (3) The Foundation shall pay such fees for filing any document with any public registry as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for filing a document with the Registrar of Companies. (4) Filing of the documents mentioned in subsection (1) shall be conclusive evidence of the facts contained in such documents. (5) Any person may inspect any of the documents filed under this section upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To establish for the benefit of the people of Hong Kong a trust fund called the MacLehose Fund and to provide for the due administration of the fund and connected matters. [21 May 1982] Short title This Ordinance may be cited as the Sir Murray MacLehose Trust Fund Ordinance. Establishment of trust fund (1) There is established a fund called the MacLehose Fund. (2) The fund shall be held upon the trusts and subject to the provisions contained in this Ordinance. (3) The trustee of the fund shall be The Secretary for Home Affairs Incorporated incorporated under the Secretary for Home Affairs Incorporation Ordinance (Cap 1044). (Amended L.N. 67 of 1985; L.N. 68 of 1985; L.N. 263 of 1989) (4) The fund shall consist of- (a) the moneys and assets donated, subscribed or bequeathed before the commencement of this Ordinance with the object of establishing the fund and held by the trustee; (b) such other moneys and assets as may have been acquired before the commencement of this Ordinance by the use of any moneys or assets so held; and (c) such further moneys and assets as may, on or after the commencement of this Ordinance, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee for the fund; or (ii) otherwise acquired by the trustee for the fund. Application and object of the fund Subject to section 4, the trustee shall apply the fund for the benefit of the people of Hong Kong in such manner as the Governor in his sole discretion may direct. Special provisions relating to manner of application of fund (1) The trustee may, subject to the direction of the Governor, expend the income of the fund for the object specified in section 3. (2) Before 1 January 1985 the trustee may, subject to the direction of the Governor, expend a sum not exceeding $10000000 out of the capital of the fund for the object specified in section 3: Provided that the trustee shall, without prejudice to subsection (1), as soon after that date as the Governor thinks appropriate, replace from the income of the fund any capital so expended. (3) The trustee may lend any moneys of the fund for the object specified in section 3 without any interest or at such rate of interest as the Governor may direct. Investment of moneys (1) Notwithstanding section 8(2) of the Secretary for Home Affairs Incorporation Ordinance (Cap 1044), the trustee may invest any moneys of the fund in such investments as the Governor may direct, whether or not such investments are investments authorized by section 4 of the Trustee Ordinance (Cap 29). (Amended L.N. 67 of 1985; L.N. 262 of 1989; 48 of 1989 s.2) (2) The Governor may, for the purpose of advising him on investments under subsection (1), appoint an investment advisory committee, which shall consist of not less than 3 nor more than 5 persons. Appointment of professional advisers and managers (1) The trustee may employ any professional person or financial institution to advise him on any matter arising out of or in connection with his functions under this Ordinance or to manage the investment of the moneys of the fund in accordance with such general or specific directions as the trustee may give in writing from time to time. (Amended 48 of 1989 s.2) (2) All salaries and fees of any person or institution so employed shall be paid by the trustee out of the fund. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the commencement of this Ordinance to 31 March 1983 and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) There shall be laid on the table of the Legislative Council not later than 31 December next following the end of each period in respect of which a statement is required to be prepared under subsection (1) or so soon thereafter as the Governor may allow- (a) a copy of the signed and audited statement of accounts together with the auditor's report, if any; (b) a report of the trustee on the administration of the fund during that period; and (c) such other report, if any, as the Governor may see fit to make thereon. Cost of administering the fund (1) The cost of administering the fund, other than the salaries and fees paid under section 6(2), shall be a charge upon the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the commencement of this Ordinance to 31 March 1983 and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed 2 1/2% of the income of the fund over the relevant period. Long title To establish a trust fund for providing assistance in, and facilities for, the higher education of the children of junior police officers of the Royal Hong Kong Police Force and for the due administration of such fund and for purposes connected with the matters aforesaid. [1 December 1967] Short title Accounts Costs of administering the fund Saving This Ordinance may be cited as the Police Children's Education Trust Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Commissioner" (處長) means the Commissioner of Police; "committee" (委員會) means the committee established under section 6; "fund" (基金) means the trust fund established by section 3; "higher education" (高等教育) means post-primary education or any education of a professional, technological, academic or other nature not below the standard of post-primary education; "junior police officer" (初級警務人員) means a police officer of the Royal Hong Kong Police Force below the rank of inspector; (Amended 29 of 1969 s. 2) "trustee" (受託人) means the Commissioner as trustee of the fund; "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Police Children's Education Trust. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the balance on the vesting day of the moneys donated by members of the public to the fund set up and opened to subscription on 19 May 1967 with the object of providing assistance for the higher education of the children of junior police officers of the Royal Hong Kong Police Force; (Amended 29 of 1969 s. 2) (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee; or (ii) otherwise acquired by the trustee. Incorporation of the Commissioner as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section called the corporation) and shall have the name "The Trustee of the Police Children's Education Trust", and in that name shall have perpetual succession and may sue and be sued in any court. (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Objects and application of the fund The trustee shall apply the fund in such manner as the committee may direct for the following objects- (a) the provision of assistance in, and facilities for, the higher education of the children of junior police officers and for purposes ancillary thereto; and (b) the provision for any such children, who appear to the committee to be deserving, of opportunities for the furtherance of studies. Establishment of committee (1) The fund shall be managed by a committee to be known as the Police Children's Education Trust Committee. (2) The committee shall consist of- (a) a Chairman, appointed by the Governor; (b) the Commissioner, or his representative; (c) the Director of Education, or his representative; (d) a police welfare officer, appointed by the Commissioner; (e) a representative of the junior police officers, appointed by the Governor; and (f) such other members, not exceeding six, as may be appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment and may be reappointed or removed by the Governor. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be five members. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every such standing order shall be furnished to the Chief Secretary and every such order shall be subject to amendment by the Governor. (Amended L.N. 226 of 1976) Appointment of officers and professional advisers (1) The committee may from time to time appoint, upon such salary and upon such terms as it may think proper, a secretary, a treasurer, and such other officials as it may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise it on any matter arising out of or in connection with the trusts. (2) All salaries and fees of any person so appointed or employed shall be paid by the trustee of the fund. Investment of moneys (1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise, subject, in the case of investments which are not trust investments, to the prior approval of the Investment Advisory Board and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. (Amended L.N. 16 of 1977) (2) The Governor shall, for the purposes of subsection (1), appoint an Investment Advisory Board, which shall consist of not less than three nor more than five persons. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 31st day of December next following the end of such period, or so soon thereafter as the Governor may allow. (Amended 72 of 1991 s. 2) Costs of administering the fund (1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (2) of section 8, shall be a charge upon the general revenue of the Colony: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of the Colony. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To establish a trust fund for providing assistance in, and facilities for, the general education of the children of police officers of all ranks, including auxiliary police, and for welfare purposes of general benefit to all such police officers, and for the due administration of such fund and for purposes connected with the matters aforesaid. [1 December 1967] Short title Accounts Costs of administering the fund Saving This Ordinance may be cited as the Police Education and Welfare Trust Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Commissioner" (處長) means the Commissioner of Police; "committee" (委員會) means the committee established under section 6; "fund" (基金) means the trust fund established by section 3 ; "trustee" (受托人) means the Commissioner as trustee of the fund; "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Police Education and Welfare Trust. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the balance on the vesting day of the moneys donated by the Royal Hong Kong Jockey Club on 27 May 1967 primarily for assisting in the education of the children of police officers of all ranks of the Royal Hong Kong Police Force and the Royal Hong Kong Auxiliary Police Force and also for other welfare purposes of general benefit to both Forces; (Amended 29 of 1969 s. 2) (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee; or (ii) otherwise acquired by the trustee. Incorporation of the Commissioner as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section called the corporation) and shall have the name "The Trustee of the Police Education and Welfare Trust", and in that name shall have perpetual succession and may sue and be sued in any court. (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Objects and application of the fund The trustee shall apply the fund in such manner as the committee may direct for the following objects- (a) the provision of assistance in, and facilities for, the general education of the children of police officers of all ranks of the Royal Hong Kong Police Force and of the Royal Hong Kong Auxiliary Police Force; (Amended 29 of 1969 s. 2) (b) the provision for any such children, who appear to the committee to be deserving, of opportunities for the furtherance of studies; and (c) welfare purposes of general benefit to some or all members of either or both such Forces. Establishment of committee (1) The fund shall be managed by a committee to be known as the Police Education and Welfare Trust Committee. (2) The committee shall consist of- (a) a Chairman, appointed by the Governor; (b) the Commissioner, or his representative; (c) the Director of Education, or his representative; (d) a police welfare officer, appointed by the Commissioner; (e) a representative of police officers below the rank of inspector, appointed by the Governor; (f) a representative of the Royal Hong Kong Auxiliary Police Force, nominated by the Commandant thereof, and appointed by the Governor; and (Amended 29 of 1969 s. 2) (g) such other members, not exceeding ten, as may be appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment and may be reappointed or removed by the Governor. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be seven members. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every such standing order shall be furnished to the Chief Secretary and every such order shall be subject to amendment by the Governor. (Amended L.N. 226 of 1976) Appointment of officers and advisers (1) The committee may from time to time appoint, upon such salary and upon such terms as it may think proper, a secretary, a treasurer, and such other officials as it may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise it on any matter arising out of or in connection with the trusts. (2) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund. Investment of moneys (1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may advise, subject, in the case of investments which are not trust investments, to the prior approval of the Investment Advisory Board and may remit moneys comprised in the fund through the Director of Accounting Services to the Crown Agents for investment in the name of the trustee. (Amended L.N. 16 of 1977) (2) The Governor shall, for the purposes of subsection (1), appoint an Investment Advisory Board, which shall consist of not less than three nor more than five persons. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council not later than 31st day of December next following the end of such period, or so soon thereafter as the Governor may allow. (Amended 73 of 1991 s. 2) Costs of administering the fund (1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (2) of section 8, shall be a charge upon the general revenue of the Colony: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of the Colony. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The St. Stephen's Girls' College Council. [3 May 1968] Short title Sealing of deeds Saving This Ordinance may be cited as The St. Stephen's Girls' College Council Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The St. Stephen's Girls' College Council approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The St. Stephen's Girls' College Council shall be a body corporate, and shall have the name "The St. Stephen's Girls' College Council" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate St. Stephen's Girls' College; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere within the British Commonwealth or in any Hong Kong or British Commonwealth government bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere within the British Commonwealth; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscriptions; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The St. Stephen's Girls' College Council. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The St. Stephen's Girls' College Council shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The St. Stephen's Girls' College Council shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days or in the case of any amendment, change or appointment, within twenty-eight days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 305 of the Companies Ordinance (Cap 32) for the inspection of a document. (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by the chairman and the secretary of the corporation or by such other person or persons as the corporation shall from time to time appoint and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To establish a corporation, to be known as The Community Chest of Hong Kong, and to make provision for its constitution and powers and for matters connected with the purposes aforesaid. [8 November 1968] Short title Delegation by board (Spent) Board to prescribe constitution Certain instruments and particulars to be delivered to Registrar of Companies Saving PART I SHORT TITLE AND INTERPRETATION This Ordinance may be cited as the Community Chest of Hong Kong Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "annual general meeting" (周年大會) means the annual general meeting of the members of the corporation held pursuant to the constitution; "board" (董事會) means the board of directors of the corporation; "committee" (委員會) means any committee of the corporation established by or under the constitution; "constitution" (章程) means the constitution of the corporation; "corporation" (法團) means the corporation established by section 3; "executive director" (總裁) means the executive director of the corporation; "member agency" (會員機構) means any agency engaged in social welfare work which is a member agency of the corporation in accordance with the constitution; "president" (會長) means the president of the corporation; "vice-president" (副會長) means a vice-president of the corporation. Establishment of corporation PART II ESTABLISHMENT OF CORPORATION There is hereby established a corporation to be called "The Community Chest of Hong Kong (香港公益金)". Common seal The corporation shall have a common seal, and the fixing of the seal shall be authenticated by the signatures of the president or a vice-president and of the executive director. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a corporation would not be required to be under seal, may be entered into or executed on behalf of the corporation by any person generally or specially authorized for the purpose by the board. Membership of corporation PART III MEMBERSHIP OF CORPORATION The corporation shall have such members as are provided for by the constitution. Objects of corporation PART IV OBJECTS AND POWERS OF CORPORATION The objects of the corporation shall be- (a) to raise funds through a community-wide appeal and to distribute them to member agencies from time to time according to the resolutions of the board; (b) to raise such funds as may be necessary for its efficient management; and (c) to disseminate the idea of a community chest. Powers of corporation Corporation a charity The corporation shall have full power- (a) to manage, administer and operate The Community Chest of Hong Kong; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in Hong Kong or elsewhere or any deposit-taking company or restricted licence bank within the meaning of section 2 of the Banking Ordinance (Cap 155) or in any Hong Kong or other government bonds or on mortgage of any land, buildings, messuages or tenements in Hong Kong, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in Hong Kong or elsewhere; (Amended 82 of 1970 s. 2; 38 of 1986 ss. 2 & 3; 49 of 1995 s. 53) (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (ea) to act, either alone or jointly with any person, as a trustee of any trust which is established for charitable purposes in Hong Kong; (Added 82 of 1970 s. 2) (eb) to accept any money or property of any description upon terms that it be held under any trust for the benefit of member agencies and to execute any deed establishing any such trust, which may include provisions for the appointment and remuneration of any of the trustees thereof; (Added 82 of 1970 s. 2) (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscriptions; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Corporation a charity For the avoidance of doubt, the corporation is hereby declared to be a charity. Management of corporation vested in board PART V MANAGEMENT OF CORPORATION Subject to this Ordinance and the constitution, the board shall have the management of the corporation. Delegation by board The board may delegate such of its functions under section 9 as it may specify to- (a) any committee; (b) any person; or (c) the person for the time being holding any office designated by it. (Spent) PART VI CONSTITUTION OF CORPORATION Board to prescribe constitution The board shall prescribe a constitution for the corporation as soon as practicable after the commencement of this Ordinance. Certain instruments and particulars to be delivered to Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the president; (c) the name and address of any person appointed under section 5 to sign contracts and other instruments and any change therein, certified as correct by the president; (d) the names and addresses of the officers of the corporation and the members of the board and any change therein, certified as correct by the president. (2) Notification in accordance with subsection (1) shall be made within 28 days after the commencement of this Ordinance or in the case of any amendment, change or appointment, within 28 days of the amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The Diocesan Boys' School Committee. [28 February 1969] Short title Sealing of deeds Saving This Ordinance may be cited as the Diocesan Boys' School Committee Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The Diocesan Boys' School Committee approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Diocesan Boys' School Committee shall be a body corporate, and shall have the name "The Diocesan Boys' School Committee" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Diocesan Boys' School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere or in any Hong Kong or other government or municipal bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The Diocesan Boys' School Committee. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The Diocesan Boys' School Committee shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The Diocesan Boys' School Committee shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of the commencement of this Ordinance or in the case of any amendment, change or appointment, within twenty-eight days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (Amended L.N. 20 of 1979) (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by any two of the persons appointed by the corporation from time to time, whose names are registered with the Registrar of Companies in accordance with paragraph (d) of subsection (1) of section 9 and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The Council of the Diocesan Girls' School. [28 February 1969] Short title Sealing of deeds Saving This Ordinance may be cited as the Council of the Diocesan Girls' School Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The Council of the Diocesan Girls' School approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團) means the body incorporated by section 3. Incorporation The Council of the Diocesan Girls' School shall be a body corporate, and shall have the name "The Council of the Diocesan Girls' School" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Diocesan Girls' School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere or in any Hong Kong or other government or municipal bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The Council of the Diocesan Girls' School. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The Council of the Diocesan Girls' School shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The Council of the Diocesan Girls' School shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within 28 days of the commencement of this Ordinance or in the case of any amendment, change or appointment, within 28 days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (Amended L.N. 20 of 1979) (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by any 2 of the persons appointed by the corporation from time to time, whose names are registered with the Registrar of Companies in accordance with section 9(1)(d) and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of The Diocesan Preparatory School Council. [28 February 1969] Short title Sealing of deeds Saving This Ordinance may be cited as the Diocesan Preparatory School Council Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of The Diocesan Preparatory School Council approved from time to time by its members for the time being in accordance with the constitution for the time being in operation; "corporation" (法團)means the body incorporated by section 3. Incorporation The Diocesan Preparatory School Council shall be a body corporate, and shall have the name "The Diocesan Preparatory School Council" and in that name shall have perpetual succession and may sue and be sued in all courts in the Colony and shall have and may use a common seal. Power of corporation The corporation shall have full power- (a) to manage, administer and operate the Diocesan Preparatory School; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3) (c) to acquire, by purchase or otherwise, goods and chattels of any kind or description; (d) to invest moneys on deposit in any bank in the Colony or elsewhere or in any Hong Kong or other government or municipal bonds or on mortgage of any land, buildings, messuages or tenements in the Colony, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in the Colony or elsewhere; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit; (f) to erect any buildings, messuages or tenements and effect any improvement thereto; (g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription; (h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. Vesting of property On the commencement of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The Diocesan Preparatory School Council. Members The corporation shall consist of such members as shall be provided by its constitution. Existing members to become members All the existing members of the unincorporated The Diocesan Preparatory School Council shall be the first members of the corporation. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The Diocesan Preparatory School Council shall be the constitution of the corporation: Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following- (a) notice of the address of the registered office of the corporation and any change thereto; (b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and (d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation. (2) Notification in accordance with subsection (1) shall be made within twenty-eight days of the commencement of this Ordinance or in the case of any amendment, change or appointment, within twenty-eight days of such amendment, change or appointment, as the case may be. (3) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (Amended L.N. 20 of 1979) (4) The corporation shall pay such fee for registering any document under this section as is specified in the Eighth Schedule to the Companies Ordinance (Cap 32), as if the corporation were a company not having a share capital. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation. (2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by any two of the persons appointed by the corporation from time to time, whose names are registered with the Registrar of Companies in accordance with paragraph (d) of subsection (1) of section 9 and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Short title (Repealed 93 of 1994 s. 15) (Repealed 93 of 1994 s. 15) Functions of the Court (Repealed 93 of 1994 s. 17) Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Interpretation PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Baptist University Ordinance. Incorporation and objects of the University Power of the Council to make statutes Saving (Repealed 93 of 1994 s. 37) Vesting PART II THE UNIVERSITY (1) The Hong Kong Baptist University (香港浸會大學) shall in that name be a body corporate with perpetual succession and be capable of suing and being sued. (2) The objects of the University shall, subject to this Ordinance, be to provide for studies, training and research in science, commerce, social science, arts and other subjects of learning. Chancellor (1) There is a Chancellor of the University who is the Governor. (2) The Chancellor may confer degrees and other academic awards in the name of the University. Seal of the University The University shall have a common seal, and the affixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated- (i) by the signature of the President and Vice-Chancellor or of any Vice-President; and (ii) by the signature of 1 member of the Council, authorized by the Council either generally or specially to act for that purpose. Documents of the University (1) The University may make and execute any document in the performance or exercise of its functions or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its functions or powers. (2) Any document purporting to be duly executed under the seal of the University shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed. The powers of the University Subject to section 8, the University shall have power to do all such things as are necessary for, or incidental or conducive to, or connected with, the furtherance of its functions and may in particular, but without prejudice to the generality of the foregoing- (Amended 93 of 1994 s. 11) (a) acquire, take on lease, purchase, hold and enjoy property of any description and sell, let or otherwise dispose of or deal with the same in such manner and to such extent as the law would allow if the property were held by a natural person in the same interest; (b) enter into any contract; (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate its buildings, premises, furniture and equipment and other property; (d) set terms of remuneration and conditions of service for staff; (e) engage persons on a part-time basis; (f) provide appropriate amenities (including residential accommodation, facilities for social activities and physical recreation) for its students and persons in its employment; (g) receive and expend funds; (h) invest its funds in such manner and to such extent as it thinks necessary or expedient; (i) borrow money in such manner and on such securities or terms as it thinks expedient; (j) apply for and receive any grant in aid for its functions on such conditions as it thinks fit; (k) engage any professional or expert person to advise it on any matter; (l) fix and collect fees and charges for courses of study, facilities and other services provided by it and specify conditions for the use of such facilities and services; (m) reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case; (n) receive and solicit gifts, whether on trust or otherwise, on its behalf and act as trustee of moneys or other property vested in it on trust; (o) confer degrees and academic awards including honorary degrees and honorary awards; (Replaced 40 of 1988 s. 2) (p) acquire, hold and dispose of interests in other corporate bodies and form or take part in forming corporate bodies; (Added 93 of 1994 s. 11) (q) provide for profit or otherwise advisory, consultancy, research and other related services; (Added 93 of 1994 s. 11) (r) print, produce or publish any manuscript, book, play, music, script, programme or other materials, including video and audio material and computer software as the University thinks appropriate or expedient. (Added 93 of 1994 s. 11) Establishment of the Court PART III THE COURT (1) There is hereby established a Court to be known as the Court of the Hong Kong Baptist University. (2) The Court shall be the supreme advisory body of the University. Functions of the Court The Court has the following functions- (a) to receive an annual report from the President and Vice-Chancellor; (b) to consider reports made to it by the Council; (c) to discuss any motion on general University policy; (d) to raise funds at the request of the University to further the University's objects; and (e) to promote the interests of the University in Hong Kong and elsewhere. Establishment of the Council PART IV THE COUNCIL (1) There is hereby established a Council, to be known as the Council of the Hong Kong Baptist University. (2) The Council shall be the executive body of the University and, as such, may exercise all the powers conferred and shall perform all the duties imposed on the University by this Ordinance. Meetings and procedure of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may appoint. (Amended 93 of 1994 s. 20) (2) (Repealed 93 of 1994 s. 20) (3) One half of the members for the time being holding office shall form a quorum at a meeting of the Council. (Amended 93 of 1994 s. 20) (4) (a) If a member has an interest in any matter to be considered at a meeting of the Council and is present at such meeting, he shall as soon as possible after the commencement of the meeting state the fact and the nature of the interest and shall, if required by the Council, withdraw while the matter is considered and in any case shall not vote thereon. (b) In this subsection "interest" (利害關係) includes a pecuniary interest. (5) A meeting of the Council may be adjourned by the Chairman or person presiding, or, where the Council so resolves, by the Council. (6) Subject to this Ordinance, the Council may determine its own procedure. (Amended 93 of 1994 s. 20) (7) The President for the time being of the University's Student Union is not entitled to participate in considering the appointment, promotion or personal affairs of individual officers, teachers and other staff members or the admission or academic assessment of individual students. (Added 93 of 1994 s. 20) Transaction of business by circulation of papers The Council may transact any of its business by circulation of papers, and unless 5 members in writing request the Chairman to refer any particular item of the business being transacted to the next meeting of the Council a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. Committees generally (1) The Council may create and appoint such committees for any general or special purposes as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The Chairman of any committee appointed under subsection (1) shall be appointed by the Council from among the members of the Council. (3) Subject to subsection (4), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee appointed under subsection (1). (4) The Council shall not delegate to any committee appointed under subsection (1) the power- (a) to approve the terms and conditions of service of persons in the employment of the University; (Amended 93 of 1994 s. 21) (b) to approve the programme and estimates required to be submitted under section 24; (c) to authorize the preparation of the statements required under section 25(2); (d) to make statutes under section 30. (Amended 93 of 1994 s. 21) (5) Subject to any statutes made under section 30, each committee may determine its own procedure at its meetings. (Amended 93 of 1994 s. 21) Interpretation In this Part, unless the context otherwise requires- (a) "Chairman" (主席) means the Chairman of the Council; (b) "Deputy Chairman" (副主席) means the Deputy Chairman of the Council; (c) "member" (成員) means a member of the Council. Appointment of President and Vice-Chancellor, etc. PART V PRESIDENT AND VICE-CHANCELLOR, VICE-PRESIDENTS AND STAFF (1) The Council shall appoint a President and Vice-Chancellor who is the principal academic and administrative officer of the University. (2) The Council shall appoint 1 or more Vice-Presidents to assist the President and Vice-Chancellor. (3) The Council may appoint teachers, administrators and other employees of the University as the Council thinks fit. (4) The Council may appoint a person to act as President and Vice-Chancellor during the absence or incapacity of the President and Vice-Chancellor or if the office is vacant for any reason. Power of the Council to delegate to the President and Vice-Chancellor (1) Subject to subsection (2), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate to the President and Vice-Chancellor any of its powers and duties. (2) The Council shall not delegate to the President and Vice-Chancellor the power to- (a) approve terms and conditions of service of persons in the employment of the University; (b) approve the programme and estimates required to be submitted under section 24; (c) authorize the preparation of the statements required under section 25(2); (d) make statutes under section 30. Power of the President and Vice-Chancellor to delegate (1) Subject to subsection (2), the President and Vice-Chancellor may in writing, with or without restrictions or conditions as he thinks fit, delegate, to such person or committee of persons as he thinks fit, his powers and duties, including any power or duty of the Council delegated to him under section 21. (2) The power conferred by this section on the President and Vice-Chancellor to delegate any power or duty of the Council delegated to him under section 21, and the exercise by any person or committee of persons of any such power or duty delegated by the President and Vice-Chancellor under this section, shall be subject to any restriction or condition imposed in respect thereof by the Council under section 21. Senate Faculties and schools PART VI SENATE, FACULTIES AND SCHOOLS (1) There is established a Senate, which is the supreme academic body of the University, to- (a) review and develop academic programmes; (b) direct and regulate teaching and research conducted at the University; (c) regulate the admission of persons to approved courses of study and their attendance at the courses; (d) conduct examinations leading to the conferring of degrees and academic awards of the University. (2) The Council may make statutes to set out the membership, procedure, powers and duties of the Senate. Faculties and schools (1) The Council may constitute faculties and schools on the recommendation of the Senate. (2) A faculty and a school each have a board with the membership, powers and procedure set out in the statutes. (Repealed 93 of 1994 s. 30) PART VII STATEMENTS AND REPORTS Accounts (1) The University shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the University shall cause to be prepared statements of its income and expenditure during the previous financial year and of its assets and liabilities on the last day thereof. (3) The University may, from time to time, fix a period to be its financial year. Auditors (1) The University shall appoint auditors, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the University and to require such information and explanations thereof as they think fit. (2) The auditors shall audit the statements prepared under section 25(2) and shall report thereon to the University. Statements and reports to be submitted to Chancellor (1) The University shall, not later than 6 months after the end of each financial year, or before such later date as the Chancellor may allow in any particular year, submit to the Chancellor a report on its activities, copies of the statements prepared under section 25(2) and the report made under section 26(2). (2) (Repealed 93 of 1994 s. 33) (Repealed 93 of 1994 s. 34) PART VIII GENERAL Unauthorized use of title of the University (1) No person shall incorporate or form, or be a director, office bearer or organizer of, work in connection with, or be a member of, any company, body corporate, firm or organization which, without the written authority of the University- (a) purports or holds itself out to be- (i) the University or any branch or part thereof; or (ii) connected or associated with the University in any manner whatsoever; or (b) uses the title "Hong Kong Baptist University" or "香港浸會大學" or a title in any language which so closely resembles the title "Hong Kong Baptist University" or "香港浸會大學" so as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is- (i) the University or any branch or part thereof; or (ii) connected or associated with the University in any manner whatsoever. (Amended 93 of 1994 s. 35) (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable to a fine of $10000. Power of the Council to make statutes The Council may make statutes for the better carrying out of the provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may provide for- (aa) the membership and regulation of the proceedings of the Court; (Added 93 of 1994 s. 36) (a) the regulation of the proceedings of the Senate and of any committee appointed under section 18; (b) the membership and quorum of the Senate and of any committee appointed under section 18; (c) the powers and duties of the Senate and the powers and duties of any committee appointed under section 18; (ca) the membership, powers, and regulation of the proceedings of the boards of the faculties and schools of the University; (Added 93 of 1994 s. 36) (d) the discipline of persons in the employment of the University; (e) the regulation of the conduct and discipline of students of the University; (f) the conferring of degrees and academic awards including honorary degrees and honorary awards; (Replaced 40 of 1988 s. 4) (g) the holding and conduct of elections for the purpose of electing members of the eligible staff for appointment to the Council under section 15(1)(d) and to the Court in accordance with the statutes. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Vesting (1) All property, whether movable or immovable, rights and privileges vested in the Board of Governors of the Hong Kong Baptist College immediately prior to the commencement of the Hong Kong Baptist College Ordinance 1983 (50 of 1983) are hereby transferred to and vested in the University upon the same terms and conditions, if any, as those upon which they were held by the said Board of Governors. (Amended 93 of 1994 s. 38) (2) The University shall be liable for all debts and liabilities of the Board of Governors of the Hong Kong Baptist College. (Amended 93 of 1994 s. 38) (3) In this section the "Board of Governors of the Hong Kong Baptist College" (香港浸會學院校董會) means the Corporation incorporated in that name by the Hong Kong Baptist College Board of Governors Incorporation Ordinance (Cap 1126 69 Ed.). Long title To establish a fund for providing or assisting in providing facilities for recreational, sporting, cultural and social activities and for the due administration of such fund and for purposes connected with the matters aforesaid. [13 February 1970] Short title Cost of administering the fund Saving This Ordinance may be cited as the Sir David Trench Fund for Recreation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "fund" (基金) means the trust fund established by section 3; "trustee" (受託人) means the Director of Accounting Services as trustee of the fund; (Amended L.N. 16 of 1977) "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a fund to be known as the Sir David Trench Fund for Recreation. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the sum of 3 million dollars (hereinafter referred to as the original capital sum) being an anonymous donation made on 5 January 1970 with the object of setting up the fund and presently held by the Director of Accounting Services in trust for the Sir David Trench Fund for Recreation; (Amended L.N. 16 of 1977) (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee; or (ii) otherwise acquired by the trustee. Incorporation of Director of Accounting Services as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Director of Accounting Services shall be the trustee of the fund and shall be a corporation sole (in this section referred to as the corporation) and shall have the name "The Trustee of the Sir David Trench Fund for Recreation", and in that name shall have perpetual succession and may sue and be sued in any court. (Amended L.N. 16 of 1977) (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Application and objects of the fund The trustee shall apply the fund in such manner as the Governor may direct for the following objects- (a) the provision of, or assistance in the provision of facilities for recreational, sporting, cultural and social activities; (b) such objects ancillary or incidental to the objects set out in paragraph (a) as the Governor may consider appropriate. Special provisions relating to manner of application of fund (1) Subject to the direction of the Governor, the fund, other than the original capital sum, may be expended, applied and used for any object specified in section 5 but no part of the original capital sum shall be expended, applied or used for any such purpose without the prior approval of the Legislative Council. (2) The trustee may lend any moneys of the fund for any object specified in section 5 without any interest or at such a rate of interest as the Governor may direct. Investment of moneys (1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the Governor may direct, subject, in the case of investments which are not trust investments, to the prior approval of the Investment Advisory Committee, and may remit moneys comprised in the fund to the Crown Agents for investment in the name of the trustee. (2) The Governor shall, for the purposes of subsection (1) appoint an Investment Advisory Committee, which shall consist of not less than three nor more than five persons. Appointment of officials and professional advisers (1) The trustee may, subject to the direction of the Governor, from time to time appoint, upon such salary and upon such terms as he may think proper, such officials as he may think necessary for the purpose of carrying out the trusts or for the proper administration and management of the fund. (2) The trustee may employ any professional person to advise him on any matter arising out of or in connection with his functions under this Ordinance. (3) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 March 1971, and thereafter in respect of every period of one year ending on 31 March, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) There shall be laid on the table of the Legislative Council, not later than 30 September next following the end of each period in respect of which a statement of the accounts of the fund is required to be prepared under subsection (1) or so soon thereafter as the Governor may allow- (a) a copy of the signed and audited statement of accounts together with the auditor's report, if any; (b) a report of the trustee on the administration of the fund during such period; and (c) such other report, if any, as the Governor may see fit to make thereon. Cost of administering the fund (1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (3) of section 8, shall be a charge upon the general revenue of the Colony: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of the Colony. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 March 1971 and thereafter in respect of every period of one year ending on 31 March; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To incorporate the Hong Kong Red Cross, to further and protect the activities of Hong Kong Red Cross, and to provide for ancillary and connected matters. [26 November 1976] Short title Powers of Hong Kong Red Cross Execution of documents Internal management Evidence: books and documents Evidence of vesting and transfer Interests in land Saving for corporation Saving This Ordinance may be cited as the Hong Kong Red Cross Ordinance. Interpretation Fundamental Principles Affiliation to the Society Aims, objects, powers and duties In this Ordinance, unless the context otherwise requires- "Charter" (敕書) means the Royal Charter dated the 3rd September 1908 and all Supplemental Charters, Orders in Council governing the Society and Rules of the Society made pursuant to the aforesaid instruments; (Replaced 55 of 1995 s. 4) "Constitution" (章程) means the Rules adopted and amended by the Council from time to time; (Added 55 of 1995 s. 4) "Council" (董事會) means the Council of the Hong Kong Red Cross as defined in section 8; (Added 55 of 1995 s. 4) "emblem of the Geneva Convention" (日內瓦公約標誌) means the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours of Switzerland, as defined in the Geneva Convention; (Added 55 of 1995 s. 4) "Geneva Convention" (日內瓦公約) means the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, and the Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 as applies to Hong Kong and any subsequent Additional Protocols which are applicable to Hong Kong; (Added 55 of 1995 s. 4) "Hong Kong Red Cross" (香港紅十字會) means the Hong Kong Branch of the Society; (Added 55 of 1995 s. 4) "Society" (英國紅十字會) means the British Red Cross Society incorporated by Royal Charter dated the 3rd September 1908. Fundamental Principles The Hong Kong Red Cross shall act in accordance with the Fundamental Principles and Statutes of the International Red Cross and Red Crescent Movement. Affiliation to the Society Subject to any decision of the Council of the Society, the Hong Kong Red Cross shall be a Central Council Branch of the Society as defined by the Charter. Aims, objects, powers and duties The aims, objects, powers and duties of Hong Kong Red Cross shall be defined by the Constitution which shall be subject to section 2A. Unauthorized distribution of badges and products No person shall, except with the authority of the Hong Kong Red Cross, distribute or sell or expose for sale- (a) any badge, token or emblem specifically adopted by the Hong Kong Red Cross for use by members thereof; (b) any badge, token or emblem containing the words "Red Cross" or the characters "紅十字會", with or without additional words or characters; or (c) any product which contains the emblem of the Geneva Convention, with or without additional words, characters or designs, or the words "Red Cross" or its equivalent Chinese expression, with or without additional words or characters, or any product which is contained in or packaged by materials containing the same. (Added 55 of 1995 s. 6) Unauthorized possession of badges and products No person shall, except with the authority of the Hong Kong Red Cross or with lawful authority or lawful excuse, have in his possession- (a) any badge, token or emblem specifically adopted by the Hong Kong Red Cross for use by members thereof; (b) any badge, token or emblem containing the words "Red Cross" or the characters "紅十字會", with or without additional words or characters; or (c) any product which contains the emblem of the Geneva Convention, with or without additional words, characters or designs, or the words "Red Cross" or its equivalent Chinese expression, with or without additional words or characters. (Added 55 of 1995 s. 7) Unauthorized possession of devices resembling badges No person shall without the authority of the Hong Kong Red Cross or without lawful authority or lawful excuse have in his possession- (a) any device which so closely resembles any badge, token or emblem specifically adopted by the Hong Kong Red Cross for use by members thereof as to lead to the belief that the device in question is such badge, token or emblem; or (b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any member of the Hong Kong Red Cross as to be calculated to deceive or mislead. Unauthorized bodies (1) No person shall form, or work in connection with, or be a member of- (a) any organization which without authority from the Hong Kong Red Cross claims or purports to be the Hong Kong Red Cross; (b) any organization, other than those with the authority of the Hong Kong Red Cross, which uses the title of the Hong Kong Red Cross or the equivalent Chinese title or any title containing the words "Red Cross" or "紅十字會", or any title in any language which, with or without additional words or characters, so closely resembles any of the said titles as to be calculated to deceive or mislead; or (c) any organization which, by the use of any such title or otherwise, without due authority, purports or claims to be connected with the Hong Kong Red Cross. (Amended 55 of 1995 s. 9) (2) No person shall, without the authority of the Hong Kong Red Cross, wear or use any uniform or equipment of the Hong Kong Red Cross. (Replaced 55 of 1995 s. 9) Offences and penalty Any person who contravenes any of the provisions of section 3, section 4, section 5, or section 6 shall be guilty of an offence and shall be liable on conviction to a fine at level 2. Incorporation (1) The Hong Kong Red Cross shall be a body corporate and shall in that name have perpetual succession, may sue and be sued in all courts and shall have and may use a common seal. (2) The Hong Kong Red Cross shall have a governing body to be known as the Council of the Hong Kong Red Cross which is responsible for the exercise of any powers conferred and the performance of all the duties imposed on the Hong Kong Red Cross by this Ordinance and by the Constitution. (3) Subject to the Constitution, the Council may by resolution delegate to any person or any committee such of its functions and powers as it may specify. (4) The Council shall comprise the President, the Chairman, the Director, the Honorary Treasurer of the Hong Kong Red Cross and such other members as may be defined by the Constitution. Vesting of property (1) The following properties, namely, all those pieces and parcels of ground specified in the Schedule, together with all erections and buildings thereon and together with all rights, easements and appurtenances thereto belonging vested in the former British Red Cross Society (Hong Kong Branch) shall from the commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995) be vested in the Hong Kong Red Cross absolutely for the unexpired residue of the respective term of years created by the Crown Lease or Conditions of Grant specified in relation thereto, subject to payment of the rent and performance of the covenants and conditions reserved by and contained in the said Crown Leases and Conditions of Grant. (2) All debentures, stocks, fund shares, securities, vessels, goods, chattels and other movable assets vested in or belonging to or held for or on behalf of or in trust for the former British Red Cross Society (Hong Kong Branch) and all moneys subscribed for the purposes of the former British Red Cross Society (Hong Kong Branch) and all investments of such moneys and all interest, income and profits arising from such investments and all securities therefor shall, at the commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), be transferred to, vest in, belong to or be held for or on behalf of or in trust for the Hong Kong Red Cross. (3) All rights, titles, benefits and interests of and in any assets, contracts, undertakings and properties vested in the former British Red Cross Society (Hong Kong Branch) shall, at the commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), be assigned and transferred absolutely to the Hong Kong Red Cross. (4) All contractual and other rights exercisable or enforceable by the former British Red Cross Society (Hong Kong Branch) shall, at the commencement* of the British Red Cross Society (Hong Kong Branch)(Amendment) Ordinance 1995 (55 of 1995), be exercisable and enforceable by the Hong Kong Red Cross in place of the former British Red Cross Society (Hong Kong Branch). (5) On commencement* of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), the Hong Kong Red Cross shall become liable for all the debts and liabilities and for the performance of all the contractual and other obligations of the former British Red Cross Society (Hong Kong Branch). Powers of Hong Kong Red Cross (1) The Hong Kong Red Cross shall have power to acquire, accept leases of, purchase, take, hold, and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever. (2) The Hong Kong Red Cross shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, vessels, goods or chattels, which are for the time being vested in or belonging to the Hong Kong Red Cross upon such terms as to the Hong Kong Red Cross may seem fit. (3) The Hong Kong Red Cross shall further have power- (a) to build, rebuild, demolish, alter, vary, renew, maintain and repair any buildings, messuages or tenements acquired by the Hong Kong Red Cross or in which the Hong Kong Red Cross has acquired an interest and to effect any improvements thereto, and to apply to any tribunal or court or authority for any order, licence, permission and exemption required therefor; (b) to improve, develop and turn to account any land belonging to the Hong Kong Red Cross or in which the Hong Kong Red Cross has or may acquire a sufficient legal or equitable interest, by reconstructing, altering and demolishing buildings and by constructing new buildings of any kind whatsoever either alone or in any joint development scheme in conjunction with owners or lessees of sites adjoining any land belonging to the Hong Kong Red Cross or in which the Hong Kong Red Cross enjoys any interest as aforesaid; and (c) to do all such things as are directly or indirectly incidental to or conducive to the attainment of the aims, objects and powers of the Hong Kong Red Cross. (Added 55 of 1995 s. 13) Execution of documents (1) The Hong Kong Red Cross may make and execute any document in the performance or exercise of its duties or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its duties or powers. (2) All deeds and other instruments requiring the seal of the Hong Kong Red Cross shall be authorized or ratified by resolution of the Council, and shall be signed by any 2 of the following: the President, the Chairman, the Director, the Honorary Treasurer and the Secretary General for the time being of the Hong Kong Red Cross. Internal management Evidence: books and documents Evidence of vesting and transfer Interests in land Saving for corporation All matters of internal management of the Hong Kong Red Cross shall be settled and carried out in accordance with the Charter and Constitution for the time being of the Hong Kong Red Cross. Evidence: books and documents (1) All books and other documents which would, before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), have been evidence in respect of any matter for or against the former British Red Cross Society (Hong Kong Branch) shall be admissible in evidence in respect of the same matter for or against the Hong Kong Red Cross. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer of any property and liabilities of the former British Red Cross Society (Hong Kong Branch) in Hong Kong Red Cross in accordance with the provisions of this Ordinance. (2) With prejudice to the generality of subsection (1)- (a) any deed or other document made or executed on or after the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), whereby the Hong Kong Red Cross or the former British Red Cross Society (Hong Kong Branch), whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by the former British Red Cross Society (Hong Kong Branch) immediately before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995), whether alone or jointly with any other person, shall be sufficient evidence that the interest of the former British Red Cross Society (Hong Kong Branch) in that property is deemed to be vested in the Hong Kong Red Cross under this Ordinance; (b) where there is any other transaction or purported transaction by the former British Red Cross Society (Hong Kong Branch) or the Hong Kong Red Cross on or after the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995) in connection with, or in relation to, any property or liabilities which are property or liabilities of the former British Red Cross Society (Hong Kong Branch) immediately before that commencement, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that the Hong Kong Red Cross has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (c) a certificate given by or on behalf of the Hong Kong Red Cross at any time that any property or liability specified in the certificate (which property or liability immediately before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995) is the property or liability of the former British Red Cross Society (Hong Kong Branch)) is or, as the case may be, is not, deemed to be vested in the Hong Kong Red Cross under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) in this section "convey" (轉易)includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release of otherwise assure. (3) The Hong Kong Red Cross shall register or cause to be registered in the Land Registry a Government Printer's copy of this Ordinance in respect of the vesting of the properties of the former British Red Cross Society (Hong Kong Branch) in the Hong Kong Red Cross. Interests in land The vesting in the Hong Kong Red Cross of an interest in land by virtue of this Ordinance shall not- (a) constitute the acquisition, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a) or (7)(a), 119E(2) or 119H(1)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) operate so as to merge any leasehold interest in the reversion expectant on it; or (c) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning or affecting that interest; or (d) operate as a breach of covenant or condition against alienation; or (e) give rise to any forfeiture, damages or other right of action; (f) invalidate or discharge any contract or security. Saving for corporation Nothing in this Ordinance shall prejudice the powers of the Hong Kong Red Cross to alter its Constitution or to dispose of, or deal with, its property or liabilities or to carry on or discontinue any part of its functions; and nothing in this Ordinance shall prejudice the power of the former British Red Cross Society (Hong Kong Branch) to dispose of, or deal with, its property or liabilities before the commencement of the British Red Cross Society (Hong Kong Branch) (Amendment) Ordinance 1995 (55 of 1995). Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. PROPERTY VESTED IN THE HONG KONG RED CROSS [section 9] All those pieces or parcels of ground known and registered in the Land Registry as- (Amended 8 of 1993 s. 2) 1. Inland Lot 7966 (Anne Black Red Cross Headquarters; Crown Lease dated 21.1.1971) 2. Inland Lot 8101 (John F. Kennedy Centre, Sandy Bay; Crown Lease dated 2.7.1971) 3. Inland Lot 8265 (Margaret Trench Red Cross School, Sandy Bay; Conditions of Grant No. 9863 dated 10.3.1971) 4. Kwun Tong Inland Lot 255 (Princess Alexandra Residential School, Kwun Tong; Conditions of Grant No. 7058 dated 9.3.1962) Short title Establishment, membership and functions of training boards and general committees Establishment and membership of council committees Funds and property of the Council Rights and obligations of technical institutes Estimates and financial year Supplementary estimates Investment of funds Accounts Auditor Statements and reports to be sent to Governor and laid on table of Legislative Council Director of Audit's examination PART I PRELIMINARY This Ordinance may be cited as the Vocational Training Council Ordinance. Interpretation Power of the Council to make rules Council not servant or agent of the Crown Council to be subject to directions of the Governor in Council Authenticity and admissibility in evidence of document under seal In this Ordinance, unless the context otherwise requires- "Chairman" (主席) and "Deputy Chairmen" (副主席) mean respectively the Chairman and Deputy Chairmen of the Vocational Training Council appointed under section 8; "Council" (職訓局) means the Vocational Training Council established by section 4; "council committee" (職訓局委員會) means a committee established under section 11; "disabled person" (殘疾人士) means a person whose prospects of securing and retaining open employment are reduced by reason of physical or mental impairment; (Added 35 of 1991 s. 2) "Executive Director" (執行幹事), "Deputy Executive Director" (副執行幹事) and "Assistant Executive Director" (助理執行幹事) mean respectively the Executive Director, a Deputy Executive Director and an Assistant Executive Director of the Council appointed under section 9(1); (Replaced 35 of 1991 s. 2) "financial year" (財政年度) means the period fixed as the financial year of the Council under section 14(2); "functions" (職能) includes powers and duties; "general committee" (一般委員會) means a committee established under section 10; "industrial training" (工業訓練) means training given or received in the course or for the purpose of employment in industry, but does not include skills training; (Amended 35 of 1991 s. 2) "industrial training centre" (工業訓練中心) means a place where industrial training is provided by or on behalf of the Council; "industry" (工業、工業界) includes commerce and services; "skills centre" (技能訓練中心) means any place where skills training is provided by or on behalf of the Council; (Added 35 of 1991 s.2) "skills training" (技能訓練) means- (a) training given to disabled persons in relation to employment skills; or (b) training given to disabled persons in relation to daily activities and social skills incidental to training referred to in paragraph (a); (Added 35 of 1991 s. 2) "technical college" (科技學院) and "technical institute" (工業學院) mean respectively any technical college or technical institute established, operated or managed by the Council; (Replaced 35 of 1991 s. 2) "technical education" (工業教育) means education provided by a technical college or technical institute; (Amended 35 of 1991 s. 2) "trade" (行業) means any trade or occupation in industry; "training board" (訓練委員會) means a board established under section 10. Application The Education Ordinance (Cap 279) shall not apply in respect of any technical college, technical institute, industrial training centre or skills centre. Establishment of the Vocational Training Council PART II VOCATIONAL TRAINING COUNCIL (1) There is hereby established a council, to be known as the Vocational Training Council, which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued. (2) The Council shall have a common seal, the affixing of which shall be authenticated by the signature of any 2 members of the Council. Objects of the Council The objects of the Council shall be- (a) to advise the Governor on the measures required to ensure a comprehensive system of technical education and industrial training suited to the developing needs of Hong Kong; (b) to institute, develop and operate schemes for training operatives, craftsmen, technicians and technologists needed to sustain and improve industry; (c) to promote the training of apprentices; (Replaced 35 of 1991 s. 4) (d) to provide and co-ordinate the provision of skills training to disabled persons aged 15 and over for the purpose of improving their employment prospects and preparing them for open employment; (Added 35 of 1991 s. 4) (e) to establish, operate and maintain technical colleges, technical institutes, industrial training centres and skills centres. (Added 35 of 1991 s. 4) Functions of the Council (1) The Council shall- (a) consider and report to the Governor on any matter concerning technical education, industrial training or skills training referred to it by the Governor; (Amended 35 of 1991 s. 5) (b) report to the Governor annually or as often as he may direct; (c) examine and make recommendations to the Governor on the financial needs of technical colleges, technical institutes, industrial training centres and skills centres; (Amended 35 of 1991 s. 5) (d) operate and maintain any skills centre assigned to it by the Government; (Amended 35 of 1991 s. 5) (e) keep under review- (i) the needs of industry for trained manpower; (ii) the availability of trained manpower to meet the needs of industry; (iii) the facilities available to train the manpower needed by industry; (iv) the provision by employers of industrial training and apprenticeships; and (v) the adequacy of industrial training provided by employers for trainees and apprentices and the measures to be taken to promote and improve such training; (f) consider and recommend which trades should be specified by the Governor to be designated trades under section 45 of the Apprenticeship Ordinance (Cap 47); (Amended 35 of 1991 s. 5) (g) consider and approve, if thought fit, recommendations from training boards and general committees for training courses; and (Amended 35 of 1991 s. 5) (h) provide technical aids and vocational assessment in connection with skills training. (Added 35 of 1991 s. 5) (2) The Council may do all things that are necessary for, or incidental or conducive to, the better carrying out of the objects of the Council and may in particular, but without prejudice to the generality of the foregoing- (a) consult with the Government and with any interested person on any matter pertaining to technical education, industrial training or skills training; (Amended 35 of 1991 s. 5) (b) conduct or commission research into any aspect of technical education, industrial training or skills training; (Amended 35 of 1991 s. 5) (c) receive and consider suggestions or proposals for the development of technical education, industrial training and skills training; (Amended 35 of 1991 s. 5) (d) specify the skills and operations to be taught to persons undergoing industrial training; (e) devise training programmes, examinations and tests for any trade; (f) recommend the minimum standard of education to be attained by persons as a pre-requisite to their undergoing technical education or industrial training; (g) disseminate training materials and information on matters kept under review under subsection (1); (h) establish, operate and maintain technical colleges, technical institutes, industrial training centres and skills centres; (Amended 35 of 1991 s. 5) (i) provide or approve training courses and other facilities for technical education, industrial training and skills training; (Amended 35 of 1991 s. 5) (j) help candidates for industrial training and skills training to find suitable training facilities; (Amended 35 of 1991 s. 5) (k) establish standards of skill to be achieved in any particular trade, conduct examinations and tests in respect of any trade and award certificates of attendance and competence; (l) with the approval of the Chief Secretary make use of personnel, facilities and services of any department of the Government; (m) allocate funds of the Council to any person for the purpose of providing any training course approved by the Council other than a training course which that person is responsible for providing under any other Ordinance or is providing in order to meet his own requirements for trained personnel; (n) employ staff and remunerate them; (na) pay to the Government amounts representing the cost of pension benefits payable by the Government pursuant to section 4 of the Pensions (Special Provisions) (Vocational Training Council) Ordinance (Cap 387) in respect of persons transferred from service under the Government to service under the Council; (Added 55 of 1991 s. 5) (o) engage technical and professional advisers to advise on any matter arising out of or connected with any of the functions of the Council, and remunerate them; (p) pay allowances to persons attending courses provided or approved by the Council; (q) pay allowances to persons partaking in the provision of training courses provided or approved by the Council; (r) pay such expenses as it thinks fit to any member, other than a public officer, of the Council, of a council committee or of a training board or general committee; (s) acquire, hold and lease any property required for the discharge of its functions under this Ordinance and, subject to the terms and condition upon which such property is held, dispose of it; (t) receive funds and donations lawfully given and consistent with its objects under this Ordinance; (u) with the approval of the Financial Secretary borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Council; (v) charge fees for any services or the use of any facility provided by the Council; and (w) enter into any contract in furtherance of its objects or the exercise of its functions. Delegation (1) The Council may, either generally or in any particular case, delegate to any training board or general committee, any council committee or any public officer the performance or exercise on its behalf of any of its functions under this Ordinance. (2) Where any function of the Council under this Ordinance is performed or exercised by a board, committee or public officer referred to in subsection (1), the performance or exercise shall, unless the contrary is proved, be deemed to have been duly delegated to that board, committee or public officer as the case may be. Director (1) The Council may from time to time appoint an Executive Director to be the chief executive of the Council, and such Deputy Executive Directors and Assistant Executive Directors as may be appropriate to the proper and efficient functioning of the Council. (Replaced 35 of 1991 s. 7) (1A) No appointment of an Executive Director shall be made by the Council under subsection (1) without the prior consent of the Governor. (Added 35 of 1991 s. 7) (2) The Executive Director and, with the consent of the Chairman, a Deputy Executive Director or Assistant Executive Director may attend any meeting of any council committee, training board or general committee. (Amended 35 of 1991 s. 7) Establishment, membership and functions of training boards and general committees (1) The Governor may, on the advice of the Council, establish training boards and general committees. (2) The Governor shall appoint the chairman and members of any training board or general committee, none of whom need be a member of the Council. (3) Training boards and general committees shall perform such functions as the Council may decide and shall report to the Council as often as the Council may decide. Establishment and membership of council committees The Council may establish council committees to assist it to perform its functions and shall appoint the chairman and members of any such committee, of which at least two thirds of the membership shall be members of the Council. Funds and property of the Council PART IV FINANCIAL PROVISIONS The funds and property of the Council shall consist of- (a) all moneys appropriated by the Legislative Council for the purposes of the Council; (b) all moneys lawfully received by the Council by way of grants, loans, funds, donations, fees, rent or interest; (c) all moneys derived from the sale of any property held by or on behalf of the Council; and (d) all property and assets lawfully acquired by the Council. Rights and obligations of technical institutes (1) All contractual and other rights exercisable or enforceable by or on behalf of the technical institutes before the commencement of this Ordinance shall on the commencement thereof become and be exercisable and enforceable by the Council. (2) On the commencement of this Ordinance the Council shall become liable for all debts and liabilities and for the performance of all contractual and other obligations incurred by or on behalf of the technical institutes before the commencement of this Ordinance. Estimates and financial year (1) In each financial year, before a date to be fixed by the Governor, the Council shall submit to the Governor for his approval a programme of its proposed activities and estimates of its income and expenditure for the next financial year: (Amended 35 of 1991 s. 8) Provided that the programme and estimates for the first financial year of the Council shall be submitted as soon as practicable after the commencement of this Ordinance. (2) The Council may, from time to time, with the prior approval of the Governor, fix a period to be the financial year of the Council. Supplementary estimates During any financial year the Council may, for the purpose of implementing its programme of proposed activities submitted and approved under section 14(1), submit supplementary estimates to the Governor for his approval. Investment of funds All funds of the Council not immediately required shall be invested in such investments as may be approved by the Financial Secretary. Accounts (1) The Council shall keep proper accounts and records of all financial transactions. (2) (Repealed 35 of 1991 s. 9) (3) After the end of each financial year the Council shall cause to be prepared a statement of income and expenditure of the Council during that financial year and a balance sheet of the Council on the last day thereof, which statement and balance sheet shall be signed by the Chairman. Auditor (1) The Council shall appoint an auditor, who shall be entitled at any time- (a) to have access to all books of account, vouchers and other records of the Council; and (b) to require such information and explanation,as he considers necessary to discharge his function. (2) The auditor shall, as soon as is practicable and in any case not later than 4 months after the close of each financial year, audit the statement and balance sheet required by section 17 and shall submit a report on them to the Council. Statements and reports to be sent to Governor and laid on table of Legislative Council Director of Audit's examination (1) The Council shall, within the period of 7 months, or such longer period as the Governor may determine, after the close of each financial year, submit to the Governor a report of its activities during that financial year together with the statement and balance sheet prepared pursuant to section 17(3) and the report submitted to it by the auditor pursuant to section 18(2). (2) The Governor shall cause the reports, statement and balance sheet received by him under subsection (1) to be laid on the table of the Legislative Council. Director of Audit's examination (1) Director of Audit may carry out such examination as he thinks fit into the economy, efficiency and effectiveness with which the Council has used its resources in discharging its functions and exercising its powers. (2) The Director of Audit shall- (a) have a right of access at all reasonable times to any documents in the custody or under the control of the Council which he may reasonably require; and (b) be entitled to require from any person holding or accountable for any document referred to in paragraph (a) such information and explanation as are reasonably necessary,for the purpose of carrying out an examination under subsection (1). (3) The Director of Audit may submit to the President of the Legislative Council the results of any examination carried out by him under subsection (1). (4) Subsection (1) shall not be construed as entitling the Director of Audit to question the merits of the policy objectives of the Council. Power of the Council to make rules PART V GENERAL AND MISCELLANEOUS (1) The Council may make rules not inconsistent with this Ordinance for all or any of the following matters- (Amended 35 of 1991 s. 13) (a) the regulation of its proceedings and the proceedings of any council committee, training board or general committee; (b) the regulation and control of its finances; (c) the regulation of the conditions and terms of employment and the discipline of persons employed or engaged under section 6(2); (d) the regulation of the conduct and discipline of students at technical colleges and technical institutes and trainees at industrial training centres and skills centres; and (Amended 35 of 1991 s. 13) (e) the better carrying out of its objects and exercise of its functions under this Ordinance. (2) For the purposes of subsection (1)(d) different rules may be made for different colleges, institutes or centres. (Added 35 of 1991 s. 13) (3) Rules made under this section shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap 1) (Added 35 of 1991 s. 13) Council not servant or agent of the Crown The Council is not the servant or agent of the Crown and does not enjoy any status, immunity or privilege of the Crown. Council to be subject to directions of the Governor in Council (1) The Governor in Council may give to the Council such directions as he thinks fit with respect to the exercise of its functions under this Ordinance and the Council shall comply with any such direction. (2) The Governor in Council may delegate to a public officer the powers conferred upon him by this section. Authenticity and admissibility in evidence of document under seal Any document purporting to be a document duly executed under the common seal of the Council shall, unless the contrary is proved, be deemed to be a document so executed and shall be received in evidence without further proof. Long title To establish a trust fund for providing assistance in, and facilities for, the higher education of the children of employees below officer rank of the Correctional Services Department, for the education and training of handicapped children of such employees and for the due administration of such fund and for purposes connected with the matters aforesaid. [1 July 1983] Short title Accounts Costs of administering the fund Saving This Ordinance may be cited as the Correctional Services Children's Education Trust Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Assistant Officers and equivalent grades" (懲教助理及同等職系人員) means any person employed in the Correctional Services Department below officer rank and includes common and general grade staff; "Commissioner" (署長) means the Commissioner of Correctional Services; "Committee" (委員會) means the committee established under section 6; "fund" (基金) means the trust fund established by section 3; "higher education" (高等教育) means post-primary education or any education of a professional, technological, academic or other nature not below the standard of post-primary education; "trustee" (受託人) means the Commissioner as trustee of the fund; "vesting day" (歸屬日期) means the date of commencement of this Ordinance. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Correctional Services Children's Education Trust. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) the balance on the vesting day of the moneys donated by members of the public to the fund set up and opened to subscription on 18 March 1983 with the object of providing assistance for the higher education of the children of Assistant Officers and equivalent grades of the Correctional Services Department and for the education and training of handicapped children of such officers; (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee for the purposes of the fund; or (ii) otherwise acquired by the trustee for the purposes of the fund. Incorporation of the Commissioner as trustee (1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section called "the corporation") and shall have the name "The Trustee of the Correctional Services Children's Education Trust", and in that name shall have perpetual succession and may sue and be sued in any court. (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed. Objects and application of the fund The trustee shall apply the fund in such manner as the committee may, in its absolute discretion, direct for the following objects- (a) the provision of assistance in, and facilities for, the higher education of the children of Assistant Officers and equivalent grades and for purposes ancillary thereto; (b) the provision of assistance in, and facilities for, the education and training of handicapped children of Assistant Officers and equivalent grades; and (c) the provision for any such children of opportunities for the furtherance of such studies, education and training. Establishment of committee (1) The fund shall be managed by a committee to be known as the Correctional Services Children's Education Trust Committee. (2) The committee shall consist of- (a) a Chairman, appointed by the Governor; (b) the Commissioner, or his representative; (c) the Director of Education, or his representative; (d) the Correctional Services Welfare officer, appointed by the Commissioner; (e) such representative of the Assistant Officers and equivalent grades as may be appointed by the Governor; (f) such other members, not exceeding 2, as may be appointed by the Governor. (3) A member appointed by the Governor shall hold office for such period as may be specified in the letter of appointment and may be reappointed or removed by the Governor. (4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 7 and unless so fixed shall be the Chairman and 2 members. Standing orders (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee. (2) A copy of every such standing order shall be furnished to the Chief Secretary and every such order shall be subject to amendment by the Governor. Appointment of officers The committee may from time to time appoint, upon such terms as it may think proper, an Honorary Secretary, an Honorary Treasurer, and such other Honorary officials as it may think necessary for the purpose of carrying out the trusts. Investment of moneys (1) The trustee may invest any moneys of the fund in such investment authorized for the investments of trust funds by the Trustee Ordinance (Cap 29) as the committee may advise. (2) The Governor may appoint an Investment Advisory Board, which shall consist of not less than 3 nor more than 5 persons and in the event of such Investment Advisory Board being appointed the trustee may, subject to the prior approval of the Investment Advisory Board, invest any moneys of the fund in investments, which are not investments authorized for the investment of trust funds, as the committee may advise. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared, in respect of the period from the vesting day to 31 August 1983, and thereafter in respect of every period of one year ending on 31 August, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee and the Chairman. (2) The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) A copy of the signed and audited statement of accounts together with the auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid on the table of the Legislative Council within 3 months of the receipt by the trustee of the signed and audited statement of accounts from the auditor appointed under subsection (2), or so soon thereafter as the Governor may allow. Costs of administering the fund (1) The cost of the administration of the fund shall be a charge upon the general revenue of Hong Kong: Provided that the Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the fund and paid into the general revenue of Hong Kong. (2) The fee charged under the proviso to subsection (1) shall- (a) be in respect of the period from the vesting day to 31 August 1983, and thereafter in respect of every period of one year ending on 31 August; and (b) not exceed two and a half per cent of the income of the fund over the relevant period. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them. Short title Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Appointment of Vice-Chancellor and other staff Power of the Council to delegate to the Vice-Chancellor Power of the Vice-Chancellor to delegate Senate of the University Faculties, etc. Convocation Senate and faculty committees (Repealed 92 of 1994 s. 24) Accounts PART I PRELIMINARY This Ordinance may be cited as the City University of Hong Kong Ordinance. Interpretation Auditors Report to the Chancellor Statutes (Repealed 92 of 1994 s. 29) Unauthorized use of title (Repealed 92 of 1994 s. 31) In this Ordinance, unless the context otherwise requires- "Chancellor" (監督) means the Chancellor of the University established by section 4 and includes a person acting as the Chancellor; "Convocation" (評議會)means the Convocation of the University established by section 17B; "Council" (校董會) means the Council of the University established by section 9; "Court" (顧問委員會) means the Court of the University established by section 8A; "Deputy Vice-Chancellor" (常務副校長) means the Deputy Vice-Chancellor of the University appointed under section 14 and includes a person acting as the Deputy Vice-Chancellor; "eligible staff" (有資格的教職員) means the full-time teaching and instructional staff and administrative staff of equivalent rank or grade of the University, as defined in the statutes; "faculty" (學院) means a faculty of the University established under section 17A and includes an equivalent body established under that section; "Pro-Chancellor" (副監督) means the Pro-Chancellor of the University appointed under section 4(4) and includes a person acting as the Pro-Chancellor; "Pro-Vice-Chancellor" (副校長) means a Pro-Vice-Chancellor of the University appointed under section 14(1)(c) and includes a person acting as a Pro-Vice-Chancellor; "Senate" (教務會) means the Senate of the University established by section 17; "statutes" (規程) means the statutes of the University made by the Council under section 21A; "University" (大學) means the City University of Hong Kong established by section 3; "Vice-Chancellor" (校長) means the Vice-Chancellor of the University appointed under section 14 and includes a person acting as the Vice-Chancellor. Establishment, incorporation and objects of the University PART II THE CITY UNIVERSITY (1) There is hereby established a corporation to be known as the City University of Hong Kong (香港城市大學), which shall, in that name, be a body corporate with perpetual succession and be capable of suing and being sued. (2) The objects of the University shall, subject to this Ordinance, be to provide for studies, training and research and development in technology, engineering, science, commerce, arts and other subjects of learning. Chancellor (1) There is a Chancellor of the University who is the head of the University. (2) The Governor is the Chancellor. (3) The Chancellor may confer degrees and other academic awards in the name of the University. (4) The Chancellor may, on the recommendation of the Council, appoint a person to be the Pro-Chancellor for a term to be determined by the Chancellor. (5) The Pro-Chancellor may with the authority of the Chancellor exercise the powers and perform the duties of the Chancellor. Seal of the University The University shall have a common seal, and the affixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated by the signature of any 2 members of the Council, authorized by the Council either generally or specially to act for that purpose. Documents of the University (1) The University may make and execute any document in the performance or exercise of its functions or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its functions or powers. (2) Any document purporting to be duly executed under the seal of the University shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed. The powers of the University Subject to section 8, the University shall have power to do all such things as are necessary for, or incidental or conducive to, or connected with, the furtherance of its functions and may in particular, but without prejudice to the generality of the foregoing- (Amended 92 of 1994 s. 10) (a) acquire, take on lease, purchase, hold and enjoy property of any description and sell, let or otherwise dispose of or deal with the same in such manner and to such extent as the law would allow if the property were held by a natural person in the same interest; (aa) confer degrees and academic awards including honorary degrees and honorary awards; (Added 92 of 1994 s. 10) (b) (Repealed 92 of 1994 s. 10) (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate the buildings, premises, furniture and equipment and all other property; (d) set terms of remuneration and conditions of service for staff; (e) (Repealed 92 of 1994 s. 10) (f) provide appropriate amenities (including residential accommodation, facilities for social activities and physical recreation) for its students and persons in its employment; (g) receive and expend funds; (h) invest its funds in such manner and to such extent as it thinks necessary or expedient; (i) borrow money in such manner and on such securities or terms as it thinks expedient; (j) apply for and receive any grant in aid for its functions on such conditions as it thinks fit; (k) engage any professional or expert person to advise it on any matter; (l) fix and collect fees and charges for courses of study, facilities and other services provided by it and specify conditions for the use of such facilities and services; (m) reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case; (n) receive and solicit gifts, whether on trust or otherwise, on its behalf and act as trustee of moneys or other property vested in it on trust; (o) (Repealed 92 of 1994 s. 10) (p) employ staff, advisers and consultants, on a full time or part time basis; (Added 92 of 1994 s. 10) (q) provide financial assistance by way of grant or loan in pursuance of its objects; (Added 92 of 1994 s. 10) (r) enter into a contract, partnership or other form of joint venture with other persons; (Added 92 of 1994 s. 10) (s) acquire, hold and dispose of interests in other corporate bodies and take part in forming corporate bodies; (Added 92 of 1994 s. 10) (t) provide for profit or otherwise advisory, consultancy, research and other related services. (Added 92 of 1994 s. 10) The Court PART IIA THE COURT (1) There is to be a Court of the University which is the supreme advisory body of the University. (2) The Court shall consist of the Chancellor as chairman and such other persons as the statutes specify. (3) The Court has the following functions- (a) to receive an annual report from the Vice-Chancellor; (b) to consider reports made to it by the Council; (c) to discuss any motion on general University policy; (d) to raise funds at the request of the University to further the University's objects; (e) to promote the interests of the University in Hong Kong and elsewhere. Establishment of the Council PART III THE COUNCIL (1) There is hereby established a Council, to be known as the Council of the City University of Hong Kong. (Amended 92 of 1994 s. 13) (2) The Council is the supreme governing body of the University. (Replaced 92 of 1994 s. 13) (3) The Council may exercise the powers, and shall perform the duties, of the University. (Added 92 of 1994 s. 13) Meetings and procedure of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may appoint. (2) One half of the number of members for the time being shall form a quorum at a meeting of the Council. (Amended 92 of 1994 s. 15) (3) (a) If a member has an interest in any matters to be considered at a meeting of the Council and is present at such meeting, he shall as soon as possible after the commencement of the meeting disclose to the Council the fact and nature of the interest and shall, if required by the Council, withdraw from the meeting while the Council is considering the matter and in any case shall not vote thereon. (b) In this subsection "interest" (利害關係) includes a pecuniary interest. (4) A meeting of the Council may be adjourned by the Chairman or the person presiding or, where the Council so resolves, by the Council. (5) Subject to this Ordinance, the Council may determine its own procedure. (Amended 92 of 1994 s. 15) Transaction of business by circulation of papers The Council may transact any of its business by circulation of papers, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. Committees generally (1) The Council may create and appoint such committees for any general or special purposes as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The chairman of any committee appointed under subsection (1) shall be appointed by the Council from among the members of the Council. (3) Subject to subsection (4), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee appointed under subsection (1). (4) The Council shall not delegate to any committee appointed under subsection (1) the power- (a) to approve the terms and conditions of service of persons in the employment of the University; (Amended 92 of 1994 s. 16) (b) (Repealed 92 of 1994 s. 16) (c) to authorize the preparation of the statements required under section 19(2); (d) to make statutes under section 21A; (Amended 92 of 1994 s. 16) (e) to appoint the Vice-Chancellor and the Deputy Vice-Chancellor or to remove the Vice-Chancellor and the Deputy Vice-Chancellor from office or to approve the duties of the Vice-Chancellor and the Deputy Vice-Chancellor. (Added 92 of 1994 s. 16) (5) Subject to the directions of the Council, each committee may determine its own procedure at its meetings. Appointment of Vice-Chancellor and other staff PART IV VICE-CHANCELLOR, DEPUTY VICE-CHANCELLOR (1) The Council- (a) shall appoint a Vice-Chancellor who, subject to the control of the Council, is vested the management, conduct and administration of the University, and the welfare and discipline of staff and students; (b) may appoint a Deputy Vice-Chancellor who shall undertake such duties as the Vice-Chancellor may direct; (c) may appoint other persons as employees of the University. (2) The Vice-Chancellor and Deputy Vice-Chancellor are appointed by resolution of the Council passed by the votes of not less than three quarters of its members for the time being. (3) The Vice-Chancellor or Deputy Vice-Chancellor may be removed from office on the ground of his misconduct, incompetence, inefficiency or other good cause by resolution of the Council passed by the votes of not less than three quarters of its members for the time being. (4) The Council may appoint any person to act as Vice-Chancellor during the incapacity or absence from Hong Kong of the Vice-Chancellor or if that office is or becomes vacant for any reason. (5) The Council may appoint any person to act as Deputy Vice-Chancellor during the incapacity or absence from Hong Kong of the Deputy Vice-Chancellor or if that office is or becomes vacant for any reason. Power of the Council to delegate to the Vice-Chancellor (1) The Council may in writing, with or without restrictions or conditions as it thinks fit, delegate to the Vice-Chancellor its powers and duties. (2) The Council shall not delegate to the Vice-Chancellor the power to- (a) approve terms and conditions of service of persons in the employment of the University; (b) authorize the preparation of the statements required under section 19(2); (c) make statutes under section 21A; (d) appoint an acting Vice-Chancellor and Deputy Vice-Chancellor. Power of the Vice-Chancellor to delegate (1) Subject to subsection (2), the Vice-Chancellor may in writing, with or without restrictions or conditions as he thinks fit, delegate, to such person or committee of persons as he thinks fit, his powers and duties, including any power or duty of the Council delegated to him under section 15. (2) The power conferred by this section on the Vice-Chancellor to delegate any power or duty of the Council delegated to him under section 15, and the exercise by any person or committee of persons of any such power or duty delegated by the Vice-Chancellor under this section, shall be subject to any restriction or condition imposed in respect thereof by the Council under section 15. Senate of the University Faculties, etc. Convocation Senate and faculty committees PART V SENATE, FACULTIES AND CONVOCATION (1) There is established a Senate, which is the supreme academic body of the University, to- (a) plan, develop and maintain the academic programmes offered by the University; (b) direct and regulate the teaching and research at the University; (c) regulate the admission of persons to approved courses of study and their attendance at such courses; (d) regulate the examinations leading to the degrees and other academic awards of the University; (e) decide on the award of degrees and other academic awards of the University, other than honorary degrees and other honorary awards. (2) The Council may make statutes to determine the membership and procedures of the Senate. Faculties, etc. (1) The Council on the recommendation of the Senate may establish faculties and other equivalent bodies. (2) A faculty is administered by a board of the faculty. (3) The Council may make statutes to determine the membership of the board of each faculty. Convocation There is established a Convocation of the University whose constitution and membership may be set by statute made by the Council. Senate and faculty committees The Senate and the board of a faculty may set up committees and, subject to the statutes, may determine the membership and procedures of a committee. (Repealed 92 of 1994 s. 24) PART VI REPORTS AND FINANCIAL STATEMENTS Accounts (1) The University shall maintain proper accounts and records of all income and expenditure. (2) After the end of a financial year, the University shall prepare statements of income and expenditure for the financial year and of the assets and liabilities of the University on the last day of the financial year. (3) The University may fix a period to be its financial year. Auditors (1) The University shall appoint auditors, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the University and to require such information and explanations thereof as they think fit. (2) The auditors shall audit the statements prepared under section 19(2) and shall report thereon to the University. Report to the Chancellor Statutes The University shall not later than 6 months after the end of a financial year, or such longer period as the Chancellor may allow in a particular year, submit to the Chancellor- (a) a report on the activities of the University; (b) copies of the financial statements prepared under section 19(2); and (c) a copy of the auditors' report made under section 20(2). Statutes PART VIA STATUTES The Council may make statutes for the administration of the University and for matters that this Ordinance provides for inclusion in a statute. (Repealed 92 of 1994 s. 29) PART VII GENERAL Unauthorized use of title (1) No person shall incorporate or form, or be a director, office bearer or organizer of, work in connection with, or be a member of, any company, body corporate, firm or organization which- (a) falsely purports or holds itself out to be- (i) the University or any branch or part thereof; or (ii) connected or associated with the University in any manner whatsoever; or (b) with intent to deceive or mislead, uses the title "City University of Hong Kong" or "香港城市大學" or a title in any language which so closely resembles the "City University of Hong Kong" or "香港城市大學" as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is- (i) the University or any branch or part thereof; or (ii) connected or associated with the University in any manner whatsoever. (Amended 92 of 1994 s. 30) (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000. Long title To provide for the incorporation of The Methodist Church, Hong Kong. [23 December 1983] Short title Existing constitution to become constitution of the Corporation Saving This Ordinance may be cited as The Methodist Church, Hong Kong, Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Conference" (總議會) means a Conference of the delegates of the members of The Methodist Church, Hong Kong, as defined in the constitution; "Conference Committee" (總議會委員會) means a sub-committee under the control of the Standing Committee set up by the Corporation in accordance with the constitution; "Constitution" (章程) means the constitution of The Methodist Church, Hong Kong, for the time being in force; "Corporation" (法團) means the body incorporated by section 3; "The Methodist Church, Hong Kong" (香港基督教循道�徽z聯合教會) means The Methodist Church, Hong Kong, referred to in section 3; "Standing Committee" (常務委員會) means the governing body of the Corporation set up by the Corporation in accordance with the constitution. Description and Incorporation There is hereby established a body corporate having for its members the delegates of the members of The Methodist Church, Hong Kong, specified in section 6 and which shall have the name "THE METHODIST CHURCH, HONG KONG" and in that name shall have perpetual succession and shall and may sue and be sued in all courts and tribunals in Hong Kong and shall have and may use a common seal, and may from time to time, break, change, alter and make anew the said seal as the Corporation may deem fit. Powers of the Corporation The Corporation shall have full power- (a) to establish, manage, administer and operate any church, school, clinic, hospital, welfare centre, or educational or charitable institution as the Corporation may deem fit; (b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of whatsoever nature or kind and wheresoever; (c) to acquire, by purchase or otherwise, goods and chattels of whatsoever nature or kind; (d) to invest moneys on deposit in any bank or finance company in Hong Kong or outside Hong Kong or in any government bonds or on mortgage of any land, buildings, messuages, or tenements in Hong Kong, or in or on debentures, debenture-stocks, funds, shares or securities of any corporation or company carrying on business in Hong Kong; (e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, shares, securities, vessels, goods or chattels for the time being vested in the Corporation, upon such terms as the Corporation may deem fit; (f) to act as custodian trustee or manager of any property or fund for any charitable purpose; (g) to accept gifts, donations and endowments for all or any of the purposes of The Methodist Church, Hong Kong; (h) to subscribe to and to grant donations for any charities or educational purposes; (i) to develop either alone or jointly with other or others and turn to account any land acquired by the Corporation or in which it is interested and in particular by laying out and preparing the same for building purposes, constructing, altering, pulling down, decorating, maintaining, fitting up, and improving buildings, and by planting, paving, draining, farming, cultivating and letting on building lease or building agreement, and by advancing money to and entering into contracts and arrangements of all kinds with builders, developers, contractors, land investment companies, land mortgage companies, building estate companies, banks, financiers, owners, lessees, tenants and others, in such manner or on such terms and conditions as the Corporation may deem fit or expedient and to apply for and obtain exclusion orders under the Landlord and Tenant (Consolidation) Ordinance (Cap 7), and to agree and pay such compensation as a tenancy tribunal may recommend or order; (j) to borrow money upon such terms as the Corporation may deem fit, and to raise money by public or private subscription; and (k) generally to do such other things as may appear to be incidental or conducive to the aims and objects of The Methodist Church, Hong Kong. Vesting of Property English Speaking Methodist Church On the commencement of this Ordinance- (a) all those pieces or parcels of ground specified in the second column of Parts I,II and IV of the Schedule, together with all rights, easements and appurtenances thereto belonging, shall vest in the Corporation without any conveyance or assignment for the unexpired residue of the respective terms of years created by the Crown leases, conditions of sale, conditions of grant, conditions of exchange, conditions of regrant and new grant specified opposite thereto in the third column of Parts I,II and IV of the Schedule, subject to payment of the rent and performance of the covenants and conditions reserved by and contained in the said Crown leases, conditions of sale, conditions of grant, conditions of exchange, conditions of regrant and new grant and subject also to such mortgages, charges, leases, tenancies and other agreement (if any) and upon such trusts, conditions and stipulations, as may be subsisting in relation to such premises upon the commencement of this Ordinance; (b) (Repealed 7 of 1997 s. 2) (c) the Corporation shall succeed to all other property, right, privileges, obligations and liabilities within Hong Kong of- (i) Methodist Missionary Trust Association; (ii) The Hong Kong Chinese District of the Methodist Church (United Kingdom); (iii) The Methodist Church, Hong Kong District (Property Holding), Limited; (iv) The Methodist Church Hong Kong (Wei Li Kung Hui); (v) The Wesleyan Methodist Missionary Trust Association; (vi) Bishop W. Angie Smith, Sidney R. Anderson, Judith L. Hawks, Yolay Young, Pau-Waung Yang, Chen Kuan Yu and Jack Y. H. Yuen, Trustees of The Methodist Church, Hong Kong District. English Speaking Methodist Church (1) All that piece or parcel of ground specified in the second column of Part III of the Schedule, together with all rights, easements and appurtenances thereto belonging, shall be deemed to have vested in the Corporation on 1 September 1988 without any conveyance or assignment for the unexpired residue of the term of years created by the Crown lease specified opposite thereto in the third column of Part III of the Schedule, subject to payment of the rent and performance of the covenants and conditions reserved by and contained in the said Crown lease and subject also to such mortgages, charges, leases, tenancies and other agreements (if any) as may be subsisting in relation to such premises on 1 September 1988. (2) The Corporation shall be deemed to have succeeded to all other property, rights, privileges, obligations and liabilities within Hong Kong of "The Hong Kong English District of the Methodist Church, United Kingdom" (also known as English Speaking Methodist Church) on 1 September 1988. Members of the Corporation The delegates of the members of The Methodist Church, Hong Kong, shall consist of the following persons- (a) all ordained ministers and missionaries for the time being of The Methodist Church, Hong Kong; (b) all deacons and deaconesses and district workers appointed by The Methodist Church, Hong Kong; (c) all delegates for the time being of each local church of The Methodist Church, Hong Kong, elected by each such local church in accordance with the constitution; (d) a member of the Standing Committee who held office immediately preceding the annual conference of the Corporation of any one year, shall be a member of the Corporation during the year commencing from such annual conference immediately prior to which he held office as a member of the Standing Committee whether he may or may not be a member of the Corporation under paragraph (a), (b) or (c) of this section; (e) the delegates of any Conference Committee for any one year, elected by that particular Conference Committee to represent it at the annual conference for the immediate following year, shall be a member of the Corporation during the year commencing from the said annual conference. Proof of Membership A certificate under the hand of the President of the Corporation, or in his absence from Hong Kong, of the Vice- President of the Corporation that any person specified in section 6 is a member of the Corporation shall be accepted for all purposes as sufficient proof of the fact that such person is a member of the Corporation. Seal of the Corporation (1) The seal of the Corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the Standing Committee. (2) All deeds, documents and other instruments requiring the seal of the Corporation shall be sealed with the seal of the Corporation and signed by either- (a) any two of the President of the Corporation, the Vice-President of the Corporation, the Secretary of the Corporation and the Treasurer of the Corporation; or (b) any one of the persons named in paragraph (a) of this subsection and any three members of the Standing Committee. (Replaced 7 of 1997 s. 4) (3) The seal shall be kept in the custody of the President, or in his absence from Hong Kong, in the custody of the Vice-President. Management and exercise of powers of the Corporation The business of the Corporation shall be managed by the Standing Committee and all the powers of the Corporation shall be exercisable by the Standing Committee except so far as this Ordinance or the constitution otherwise requires. Existing constitution to become constitution of the Corporation The existing constitution of the unincorporated "The Methodist Church, Hong Kong" shall be the constitution of the Corporation, but the same may be changed or amended at any time and from time to time in accordance with its provisions for the time being in force. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Short title Particulars to be delivered to Registrar of Companies Distribution of badges etc. Unauthorized possession of badges Possession of unauthorized badges Wrongful exercise of authority Unauthorized bodies Penalties Saving PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Sea Cadet Corps Ordinance (words omitted as spent). Interpretation (1) In this Ordinance, unless the context otherwise requires- "Area Committee" (分區委員會) means the Area Committee of the Hong Kong Sea Cadet Corps incorporated under section 3; "constitution" (章程) means the constitution referred to in section 7; "Corps" (訓練隊) means the Hong Kong Sea Cadet Corps. Incorporation of Area Committee PART II ESTABLISHMENT AND MANAGEMENT The Area Committee of the Hong Kong Sea Cadet Corps (香港海事訓練隊) shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued. Seal (1) The Area Committee shall have a common seal and the affixing of the seal shall- (a) be authorized or ratified by resolution of the Area Committee; and (b) be authenticated by- (i) the signature of the Chairman or the Deputy Chairman of the Area Committee; and (ii) the signature of a member of the Area Committee authorized either generally or specially to act for that purpose. (2) Any document purporting to be duly executed under the seal of the Area Committee shall be received in evidence and shall, until the contrary is proved, be deemed to be duly executed. Objects of the Area Committee The objects of the Area Committee are- (a) to organize, supervise and equip the Corps; (b) to promote the recreational, social and educational welfare of youth in Hong Kong; (c) to provide nautical and other beneficial training of youth in Hong Kong; and (d) such other objects, whether ancillary and incidental to the objects specified in paragraphs (a) and (b) or not, as the Area Committee may decide to promote for the benefit of youth in Hong Kong. Powers of the Area Committee (1) The Area Committee shall have power to do all such things as are necessary for, or incidental or conducive to, or connected with, the better carrying out of its objects, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, take on lease, purchase, hold and enjoy any property and sell, mortgage, charge, let or otherwise dispose of or deal with the same; (b) enter into any contract; (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate its buildings, premises, furniture, equipment and other property; (d) provide appropriate amenities (including residential accommodation and facilities for social activities and physical recreation) for members and staff of the Corps; (e) employ staff, advisers and consultants; (f) receive and expend funds; (g) invest its funds in such manner and to such extent as it thinks appropriate or expedient; (h) borrow money in such manner and on such securities or terms as it thinks appropriate or expedient; (i) apply for and receive any grant in aid for its objects on such conditions as it thinks appropriate or expedient; (j) solicit and receive gifts, whether on trust or otherwise, and act as trustees of any money or other property vested in it as trustees. (2) The Area Committee may delegate all or any of its powers to any person or committee of persons. Office-bearers and members (1) The office-bearers and members of the Area Committee at the commencement of this Ordinance shall be, respectively, the office-bearers and members of the association known as the Area Committee of the Hong Kong Sea Cadet Corps immediately before the commencement of this Ordinance and, thereafter, the office-bearers and members of the Area Committee shall be those persons who are office-bearers and members of the Area Committee in accordance with its constitution. (2) The constitution of the association known as the Area Committee of the Hong Kong Sea Cadet Corps in operation immediately before the commencement of this Ordinance shall be the constitution of the Area Committee. (3) The constitution of the Area Committee may be amended by the Area Committee at any time and from time to time in accordance with the provisions of the constitution for the time being in force. (4) It shall not be necessary to publish the constitution or any amended constitution in the Gazette. Procedure Subject to its constitution, the Area Committee may conduct its proceedings and govern its internal management as it thinks fit. Vesting of rights, property, etc. On the commencement of this Ordinance- (a) all that piece or parcel of ground specified in the Schedule, together with all rights, easements and appurtenances thereto belonging, shall vest in the Area Committee without any conveyance or assignment for the unexpired residue of the term of years created by the Crown lease and Conditions of Grant specified in the Schedule, subject to the payment of the rent and performance of the covenants and conditions reserved by and contained in the said Crown lease and Conditions of Grant and subject also to such mortgages, charges, leases, tenancies and other agreements, if any, and upon such trusts, conditions and stipulations, if any, as may be subsisting in relation to such premises on the commencement of this Ordinance; and (b) the Area Committee shall succeed to all other property, rights, privileges, obligation and liabilities of the trustees for the time being of the association known as the Area Committee of the Hong Kong Sea Cadet Corps. Particulars to be delivered to Registrar of Companies (1) Within 30 days after the commencement of this Ordinance, the Chairman of the Area Committee shall deliver to the Registrar of Companies for registration- (a) a notice of the address of the Area Committee; (b) separate lists containing the names and addresses of- (i) the office-bearers of the Area Committee; and (ii) the members of the Area Committee; (c) a copy of the constitution certified by him as a true copy. (2) Within 30 days after the constitution has been amended at any time under section 7(3), the Chairman of the Area Committee shall deliver to the Registrar of Companies for registration a copy of the constitution as amended, certified by the Chairman of the Area Committee as being a true copy. (3) Within 30 days after any change in any of the particulars required by subsection (1)(a) or (b) to be delivered to the Registrar of Companies, the Chairman of the Area Committee shall deliver notice of the change to the Registrar of Companies for registration. (4) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance (Cap 32) for the inspection of a document. (5) The Area Committee shall pay such fee for registering any document under this section as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Area Committee were a company not having a share capital. Distribution of badges etc. PART III MISCELLANEOUS No person other than the Area Committee or a person authorized by the Area Committee, shall distribute or sell or expose for sale- (a) any badge, token or emblem specifically adopted by the Area Committee for use by members of the Area Committee or the Corps; or (b) any badge, token or emblem containing the "SEA CADET CORPS", any badge, token or emblem referred to in paragraph (a) or the Chinese characters "香港海事訓練隊" or"海事訓練隊". Unauthorized possession of badges No person shall, except with the authority of the Area Committee or with other lawful authority or lawful excuse, have in his possession- (a) any badge, token or emblem specifically adopted by the Area Committee for use by members of the Area Committee or the Corps; or (b) any badge, token or emblem containing the words "SEA CADET CORPS", any badge, token or emblem referred to in paragraph (a) or the Chinese characters"香港海事訓練隊" or "海事訓練隊". Possession of unauthorized badges No person shall without lawful authority or excuse have in his possession- (a) any device which so closely resembles any badge, token or emblem specifically adopted by the Area Committee, for use by members of the Area Committee or the Corps as to lead to the belief that the device in question is such badge, token or emblem; or (b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any members of the Area Committee or the Corps as to be calculated to deceive or mislead. Wrongful exercise of authority No member of the Area Committee or the Corps shall, by virtue of his wearing, carrying or bearing any badge, token or emblem of the Area Committee or the Corps or otherwise attempt to enforce or exercise authority otherwise than in accordance with the constitution. Unauthorized bodies (1) No person shall knowingly form or work in connection with or be a member of any organization which, without authority from the Area Committee, claims or purports to be Sea Cadets, or any organization, other than the Area Committee or the Corps, which uses the title of Sea Cadets or the Chinese characters "香港海事訓練隊" or "海事訓練隊" or any title in any language, with or without additional words or characters, which so closely resembles either of the two said titles as to be calculated to deceive or mislead, or any organization which, by the use of any such title or otherwise, without due authority purports or claims to be connected with the Area Committee or the Corps or with the Sea Cadet Corps incorporated in England by Royal Charter. (2) No person shall, without the consent of the Governor, knowingly form or work in connection with or be a member of any organization, other than the Area Committee or the Corps, which carries on or is intended to carry on any work of a similar nature to that carried on by the Area Committee. Penalties Any person who contravenes any of the provisions of section 11, 12, 13, 14 or 15 commits an offence and is liable to a fine of $5000. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. [section 9] All that piece or parcel of ground situated at Tsam Chuk Wan, Sai Kung, New Territories and registered in the District Office Sai Kung as Lot No. 611 in Demarcation District No. 256 together with the buildings erected thereon as the same is held from the Crown under and by virtue of the Conditions registered in the Sai Kung District Office as New Grant No. 6309. Short title Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Appointment and functions of committees Power of Council to delegate to a committee or the Chairman Appointment of Director and other staff Power of the Council to delegate to the Director Power of the Director to delegate Academic Board of the Academy Powers of the Academic Board PART I PRELIMINARY This Ordinance may be cited as The Hong Kong Academy for Performing Arts Ordinance. Interpretation Programme and estimates Accounts Auditors Statements and reports to be submitted to the Governor and laid on table of Legislative Council Power of Academy to make rules By-laws Unauthorized use of title of Academy Transfer of rights and liabilities, and other transitional provisions In this Ordinance, unless the context otherwise requires- "academic awards" (學術名銜) includes degrees, diplomas and honorary degrees and diplomas; "Academic Board" (教務委員會) means the Academic Board of the Academy appointed under section 18; "Academy" (學院) means The Hong Kong Academy for Performing Arts established by section 3; "Chairman" (主席) and "Deputy Chairman" (副主席) mean respectively the Chairman of the Council and the Deputy Chairman of the Council; "Council" (校董會) means the Council of the Academy established by section 9; "Director" (校長) means the Director of the Academy appointed under section 15(1)(a) and any person for the time being acting in that capacity; "eligible staff" (有資格的教職員) means the full time teaching and instructional staff of the Academy and other full time staff of the Academy of a rank or grade equivalent thereto; "financial year" (財政年度) means the period fixed by the Academy under section 21(3). Establishment, incorporation and objects of Academy PART II THE ACADEMY (1) There is hereby established a corporation to be known as The Hong Kong Academy for Performing Arts (香港演藝學院), which shall, in that name, be a body corporate with perpetual succession and be capable of suing and being sued. (2) The objects of the Academy shall, subject to this Ordinance, be to foster and provide for training, education and research in the performing arts and related technical arts. President and Patrons (1) There shall be a President of the Academy. (2) The Governor shall be the President of the Academy. (3) The Academy may appoint such persons to be Patron of the Academy as it thinks fit. Seal of the Academy The Academy shall have a common seal, and the fixing of the seal shall be- (a) authorized or ratified by resolution of the Council; and (b) authenticated by the signature of any 2 members of the Council authorized by the Council, either generally or specially, to act for that purpose. Documents of the Academy (1) The Academy may make and execute any document in the performance or exercise of its functions or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its functions or powers. (2) Any document purporting to be duly executed under the seal of the Academy shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed. The powers of the Academy Subject to section 8, the Academy shall have power to do all such things as are necessary for, or incidental or conducive to or connected with the furtherance of its functions and may in particular, but without prejudice to the generality of the foregoing,- (a) acquire, take on lease, purchase, hold and enjoy property of any description for the purposes of the Academy and sell, let or otherwise dispose of or deal with the same in such manner and to such extent as the law would allow if the property were held by a natural person in the same interest; (b) enter into any contract; (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate its buildings, premises, furniture and equipment; (d) set terms of remuneration and conditions of service for staff; (e) engage persons on a part time basis; (f) provide appropriate amenities (including residential accommodation and facilities for social activities and physical recreation) for its students and for persons in its service or employment; (g) receive and expend funds; (h) invest its funds in such manner and to such extent as it thinks necessary or expedient; (i) borrow money in such manner and on such security or terms as it thinks expedient; (j) apply for and receive any grant in aid for its functions on such conditions as it thinks fit; (k) engage any professional or expert person to advise it on any matter; (l) fix and collect fees and charges for courses of study; (m) fix and collect fees and charges and specify conditions for the use of the facilities and other services provided by it; (n) reduce, waive or refund fees and charges fixed in exercise of its powers under this section generally or in any particular case or class of case; (o) receive and solicit gifts, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust; (p) print, reproduce, or publish or arrange for the printing, reproduction or publishing of any manuscript, book, play, music, script, programme, poster, advertisement or other material including video and audio material, as it deems expedient; (q) commission any play, script, composition, choreography or other work; (r) provide financial assistance, by way of grant or loan, to any person to enable or assist such person to receive education in the performing arts and related technical arts at the Academy or elsewhere; (s) organize, conduct and participate in events relating to the performing arts and related technical arts; (t) confer academic awards. Academy to be subject to the directions of the Governor in Council (1) The Governor in Council may give to the Academy such directions as he thinks fit with respect to the exercise of its powers or the performance of its functions under this Ordinance, either generally or in any particular case. (2) In the exercise of its powers and the performance of its functions under this Ordinance the Academy shall comply with any directions given by the Governor in Council under subsection (1). (3) The Governor in Council may delegate the powers conferred upon him by this section to a public officer. Establishment of the Council PART III THE COUNCIL (1) There is hereby established a Council to be known as the Council of The Hong Kong Academy for Performing Arts. (2) The Council shall be the governing and executive body of the Academy and, as such, may exercise all the powers conferred and shall perform all the duties imposed on the Academy by this Ordinance. Membership of the Council (1) The following persons shall be members of the Council- (a) the Director ex officio; (b) 2 persons elected by the eligible staff from among their number, in accordance with rules made under section 24, and appointed by the Governor; and (c) not more than 15 other persons appointed by the Governor of whom not more than 6 shall be public officers. (2) (a) The Governor shall appoint from the members of the Council appointed under subsection (1)(c)- (i) 1 person as Chairman; (ii) 1 person as Deputy Chairman; and (iii) 1 person as Treasurer. (b) The Deputy Chairman shall act as Chairman if the Chairman is absent from Hong Kong or is, for any other reason, unable to act as Chairman. (c) If for any period both the Chairman and the Deputy Chairman are absent from Hong Kong or are, for any other reason, unable to perform the functions of their respective offices the members of the Council appointed under subsection (1)(c) may appoint one of their number to act as Chairman during that period. (3) (a) Every member of the Council who is a public officer shall hold office as such member during the pleasure of the Governor. (b) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1), a member of the Council, other than the Director or a public officer, shall be appointed for a period of 3 years or such lesser period as the Governor may in any particular case appoint, but may from time to time be re-appointed. (c) A member of the Council, other than the Director or a public officer, may at any time by notice in writing to the Governor resign from the Council. (4) Upon the expiry of the appointment of any member of the Council, other than the Director, whether by effluxion of time or as a result of resignation or otherwise, the procedure for a new appointment, or re-appointment, as the case may be, shall be as if the position thus vacated were being filled for the first time. Meetings and procedure of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman or person acting as Chairman may appoint. (2) 8 members of the Council shall form a quorum at a meeting of the Council. (3) Except as otherwise provided in section 15, any question before the Council at any meeting shall be decided by a majority of votes of the members of the Council present and voting thereon and in the event of an equality of votes the Chairman or person acting as Chairman shall have a casting vote in addition to his original vote. (4) (a) If a member of the Council has an interest in any matters to be considered at a meeting of the Council at which he is present, he shall as soon as possible after the commencement of the meeting state the fact and nature of the interest and shall, if required by the Council, withdraw while the matter is considered and in any case shall not vote thereon. (b) In this subsection "interest" (利害關係) includes a pecuniary interest. (5) A meeting of the Council- (a) may be adjourned by the Chairman or person acting as Chairman; (b) shall be adjourned where the Council so resolves. (6) Subject to this Ordinance, the Council may determine its own procedure and may exclude from any meeting or any part thereof the Director or any member of the Council appointed under section 10(1)(b) when in the opinion of the Chairman, or the person acting as Chairman, such exclusion is in the best interest of the Academy. Transaction of business by circulation of papers The Council may transact any of its business by circulation of papers, and a resolution in writing which is approved in writing by a majority of the members of the Council shall be as valid and effectual as if it had been passed at a meeting of the Council. Appointment and functions of committees (1) The Council may create and appoint the members of such committees for any general or special purposes as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The chairman of any committee appointed under subsection (1) shall be appointed by the Council from among the members of the Council. (3) Subject to the directions of the Council, each committee may determine its own procedure at its meetings. Power of Council to delegate to a committee or the Chairman (1) Subject to subsection (2), the Council may by resolution, with or without restrictions or conditions as it thinks fit, delegate in writing any of its powers and duties to- (a) any committee created under section 13(1); (b) the Chairman. (2) Save as otherwise provided for in this Ordinance the Council shall not delegate the power to- (a) approve the programme and estimates required to be submitted under section 20; (b) authorize the submission of the statements and reports required to be submitted under section 23(1); (c) make rules under section 24; (d) make by-laws under section 25. Appointment of Director and other staff PART IV DIRECTOR AND STAFF (1) The Academy shall- (a) in accordance with subsection (2), appoint a Director who shall be responsible to the Council and in whom shall be vested the management, conduct and administration of the Academy, the maintenance of academic standards and the discipline of students thereof; (b) appoint such other persons to be employees of the Academy as it may consider expedient. (2) The Director shall be appointed by resolution passed by the votes of not less than 9 members of the Council. (3) The Director may be removed from office by resolution passed by the votes of not less than 9 members of the Council on the ground of his mis-conduct, incompetence or inefficiency or for other good cause. (4) If for any period the Director is unable by reason of absence from Hong Kong or incapacity to perform the functions of his office or if for any period the office is vacant, the Academy may appoint a person to act as Director during that period. (5) In this section "members of the Council" (校董會成員) does not include members of the Council appointed under section 10(1)(b). Power of the Council to delegate to the Director (1) Subject to subsection (2), the Council may by resolution, with or without restrictions or conditions as it thinks fit, delegate in writing to the Director any of its powers and duties. (2) The Council shall not delegate to the Director the power to- (a) approve the programme and estimates required to be submitted under section 20; (b) authorize the submission of the statements and reports required to be submitted under section 23(1); (c) make rules under section 24; (d) make by-laws under section 25; (e) appoint an acting Director. Power of the Director to delegate (1) Subject to subsection (2), the Director may in writing, with or without restrictions or conditions as he thinks fit, delegate to such person or committee of persons as he thinks fit, his powers and duties, including any power or duty of the Council delegated to him under section 16. (2) The power conferred by this section on the Director to delegate any power or duty of the Council delegated to him under section 16, and the exercise by any person or committee of persons of any such power or duty delegated by the Director under this section, shall be subject to any restriction or condition imposed by the Council in respect of the Director's exercise thereof under section 16. Academic Board of the Academy PART V ACADEMIC BOARD (1) There shall be an Academic Board of the Academy. (2) The Academic Board shall consist of- (a) the Director, who shall be Chairman; (b) such other persons as may be appointed by the Council. (3) The appointment of persons under subsection (2)(b) shall be in accordance with rules made under section 24. Powers of the Academic Board (1) The Academic Board shall, subject to this Ordinance, have the power and duty to- (a) review and develop the academic programmes of the Academy; (b) direct and regulate the training, education and research conducted in the Academy; (c) regulate the admission of persons to approved courses of study in the Academy and their attendance at such courses; (d) regulate the examinations leading to the conferment of academic awards of the Academy; (e) provide for the welfare and discipline of students; (f) advise the Council on any matter which may be referred to it by the Council; (g) recommend the conferment of academic awards (other than honorary awards); and (h) determine its own procedure. (2) The Academic Board may make rules, not inconsistent with any rules made under section 24, for the better exercise and performance of its powers and duties under subsection (1). Programme and estimates PART VI FINANCIAL ESTIMATES AND PROGRAMME The Academy shall submit to a person nominated by the Governor, at such time and in respect of such periods as the Governor may direct, a programme of its proposed activities and estimates of its income and expenditure. Accounts (1) The Academy shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year the Academy shall cause to be prepared statements of income and expenditure relating to the previous financial year and of the assets and liabilities of the Academy on the last day thereof. (3) The Academy may, from time to time, with the prior approval of the Governor, fix a period to be the financial year of the Academy. Auditors (1) The Academy shall appoint an auditor who shall be entitled at any time- (a) to have access to such books of account, vouchers and other records of the Academy; and (b) to require such information and explanation,as he considers necessary to discharge his functions. (2) The auditor shall audit the statements prepared under section 21(2) and shall report thereon to the Academy. Statements and reports to be submitted to the Governor and laid on table of Legislative Council (1) The Academy shall, not later than 6 months after the end of each financial year, or by such later date as the Governor may allow in any particular year, submit to the Governor a report on the activities of the Academy and copies of the statements prepared under section 21(2) and of the report made under section 22(2). (2) The Governor shall cause the reports and statements received by him under subsection (1) to be laid on the table of the Legislative Council not later than 3 months after their receipt. Power of Academy to make rules PART VII GENERAL The Academy may make rules for the better carrying out of the provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing may, by such rules, provide for the- (a) appointment of persons as members of the Academic Board and the quorum of the Academic Board; (b) powers, functions and duties of any committee created under section 13; (c) quorum and the regulation of the proceedings of any committee created under section 13; (d) discipline of persons in the employment of the Academy; (e) conferment of academic awards; and (f) holding and conduct of elections for electing representatives of the eligible staff for appointment to the Council under section 10(1)(b). By-laws (1) The Academy may, under its common seal, make by-laws not inconsistent with this Ordinance for all or any of the following purposes- (a) the management and control, including the closing or partial closing, of the premises; (b) the fixing of the times or occasions during which the premises or any part thereof may be open to any class of persons; (c) the regulation of the conduct of persons in or on the premises or any part thereof and for the arrest, detention and removal therefrom of any person who infringes any of the provisions of any by-law made pursuant to this section; (d) the control (including prohibition) of trading, advertising or the erection of structures in or on the premises; the removal, storage and sale of any trading, advertising or construction materials that are brought into or remain in or on the premises in contravention of any by-law made under this section; the recovery of any costs incurred in respect of such removal, storage and sale; and the forfeiture of the proceeds of such sale; (e) the general regulation and management of the premises and of any facility, equipment or fitting provided therein. (2) Any by-law made under this section may provide that a contravention of specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $2000 and imprisonment for 3 months. (3) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Attorney General in relation to the prosecution of criminal offences, prosecutions under any by-law made under this section may be brought in the name of the Academy. (4) In this section "premises" (處所) means any premises or land of the Academy. Unauthorized use of title of Academy (1) No person shall incorporate or form, or be a director, office bearer or organizer of, work in connection with, or be a member of, any company, body corporate, firm or organization which, without the written authority of the Academy- (a) purports or holds itself out to be- (i) the Academy or any branch or part thereof; or (ii) connected or associated with the Academy in any manner whatsoever; or (b) uses the title "The Hong Kong Academy for Performing Arts" or "香港演藝學院" or a title in any language which so closely resembles the title "The Hong Kong Academy for Performing Arts" or "香港演藝學院" as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is- (i) the Academy or any branch or part thereof; or (ii) connected or associated with the Academy in any manner whatsoever. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $10000. Transfer of rights and liabilities, and other transitional provisions (1) All property, whether movable or immovable, rights, obligations and liabilities of the Provisional Council immediately before the commencement of this Ordinance are as from such commencement the property, rights, obligations and liabilities of the Academy and the Academy shall have all necessary powers to enjoy that property, enforce those rights and discharge those obligations and liabilities. (2) Without limiting the generality of subsection (1), every agreement, whether in writing or not, to which the Provisional Council was a party immediately before the commencement of this Ordinance and whether or not such agreement is of such a nature that the rights and liabilities thereunder could be assigned, shall have effect from such commencement as if- (a) the Academy had been party to such agreement in lieu of the Provisional Council; and (b) for any reference, however worded and whether expressed or implied, to the Provisional Council there were substituted in respect of anything to be done or omitted on or after the commencement of this Ordinance a reference to the Academy. (3) Where necessary for the purpose of giving effect to subsection (1), subsection (2)(b) shall also apply to any document, not being an agreement, having references therein to the Provisional Council. (4) The appointment of any employee of the Provisional Council subsisting immediately before the commencement of this Ordinance shall be deemed to be made by the Academy under this Ordinance and for the purpose of determining the right to pension, gratuity or other benefits of such employee on the cessation of his service, there shall be no break in the continuity thereof by reason only of this section. (5) Where anything has been commenced by or under the authority of the Provisional Council before the commencement of this Ordinance such thing may be carried on and completed by or under the authority of the Academy. (6) In this section "Provisional Council" (臨時校董會) means the Provisional Council for The Hong Kong Academy for Performing Arts appointed by the Governor before the commencement of this Ordinance. Long title To provide for the vesting in Standard Chartered Asia Limited of the undertaking of MAIBL Bermuda (Far East) Limited; and for purposes incidental and ancillary thereto. [9 November 1984] Short title Application of Part III of Evidence Ordinance Evidence of vesting Vesting of interests in land Saving for SC Asia Saving for enactments concerning financial institutions Saving Costs of Ordinance This Ordinance may be cited as the Standard Chartered Asia Limited Ordinance. Interpretation (1) In this Ordinance, unless the context otherwise requires- "the appointed day" (指定日期) means 31 December 1984; "customer" (客戶) includes any person having a banking account or other dealing, transaction or arrangement in the course of business with SC Asia or, as the case may be, MBFEL; "excluded items" (除外項目) means documents required to be kept pursuant to the provisions of the Companies Ordinance (Cap 32); "existing" (現有) means existing or in force immediately before the appointed day; "liabilities" (法律責任) includes duties and obligations of every description wheresoever arising (whether existing or future, actual or contingent), but does not include any excluded item; "MBFEL" (米特蘭) means MAIBL Bermuda (Far East) Limited; "property" (財產) means property and assets of every description wheresoever situate, and includes property held on trust and securities, rights, benefits and powers of every description, but does not include any excluded item; "SC Asia" (渣打(亞洲)) means Standard Chartered Asia Limited; and "security" (抵押) includes a mortgage or charge (whether legal or equitable), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, indemnity, undertaking or other means of securing payment or discharge of a debt or liability (whether existing or future, actual or contingent). (2) For the purposes of this Ordinance- (a) references to property and liabilities of MBFEL are references to all such property and liabilities, whether or not capable of being transferred or assigned by MBFEL; (b) any such reference to property of MBFEL is a reference to property of MBFEL whether situated in Hong Kong or elsewhere; and (c) any such reference to rights or liabilities of MBFEL is a reference to rights to which MBFEL is entitled or, as the case may be, to liabilities to which MBFEL is subject, whether under the law of Hong Kong or under the law of any country or territory outside Hong Kong. Vesting of MBFEL's undertaking in SC Asia (1) On the appointed day, all existing property and liabilities of MBFEL of whatsoever nature and whether MBFEL holds or is subject to the same beneficially or in any fiduciary capacity shall, by virtue of this Ordinance and without further assurance, vest in SC Asia and become the property and liabilities of SC Asia as if in all respects SC Asia were the same person in law as MBFEL to the intent that SC Asia shall succeed to the whole undertaking of MBFEL. (2) As consideration for the vesting of property and liabilities under subsection (1) SC Asia shall issue and allot to Standard Chartered Merchant Bank Limited such number of ordinary shares of $1 each in the capital of SC Asia credited as fully paid as SC Asia shall direct and in connection with such issue and allotment SC Asia shall not be obliged to credit or otherwise transfer any amount to its share premium account. (3) Where the vesting of any property referred to in subsection (1) is governed otherwise than by the law of Hong Kong, MBFEL shall, if SC Asia so requires, so soon as is practicable after the appointed day, take all necessary steps for securing the effective vesting of such property in SC Asia and, pending such vesting, MBFEL shall hold any such property in trust for SC Asia. MBFEL to be a subsidiary of SC Asia Immediately after the property and liabilities of MBFEL have vested in SC Asia pursuant to section 3, by virtue of this Ordinance- (a) the authorized and issued share capital of MBFEL shall be reduced to 100 ordinary shares of United States $1 each and MBFEL's share premium account shall be reduced to nil; (b) all of the ordinary shares in the capital of MBFEL shall be vested in SC Asia; and (c) MBFEL shall cease to be registered as a deposit-taking company under the Deposit-taking Companies Ordinance (Cap 328). Accounting treatment of SC Asia and MBFEL Notwithstanding the provisions of any other Ordinance- (a) the balance sheets and profit and loss accounts of SC Asia and MBFEL for the accounting period of each company in which the appointed day falls shall be prepared in all respects as if the property and liabilities of MBFEL had vested in SC Asia pursuant to section 3 on the first day of such accounting periods; and (b) any retained profits of MBFEL as at the first day of such accounting periods and any reserves arising on the vesting of the property and liabilities of MBFEL in SC Asia pursuant to section 3 shall be distributable by SC Asia. Trust property (1) Any property vested in SC Asia by virtue of this Ordinance which immediately before the appointed day was held by MBFEL, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or other instrument (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), as judicial trustee appointed by order of any court or in any other fiduciary capacity, shall on and from the appointed day be held by SC Asia alone or, as the case may be, jointly with such other person in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in MBFEL in any such fiduciary capacity, and any provision therein, or any existing contract or arrangement for the payment to, or retention by, MBFEL of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to MBFEL (other than a reference, however worded and whether express or implied, to terms and conditions of or to a scale of fees of MBFEL) there were substituted a reference to SC Asia. Supplementary provisions Without prejudice to the generality of the foregoing provisions of this Ordinance but subject to any provision in this Ordinance to the contrary effect, the following provisions shall have effect in relation to property and liabilities vested in SC Asia by virtue of this Ordinance- (a) every existing contract to which MBFEL is a party (whether in writing or not) shall be construed and have effect on and from the appointed day as if- (i) SC Asia had been a party thereto instead of MBFEL; (ii) for any reference (however worded and whether express or implied) to MBFEL there were substituted, as respects anything falling to be done on or after the appointed day, a reference to SC Asia; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer, clerk or servant of MBFEL were, as respects anything falling to be done on or after the appointed day, a reference to the directors of SC Asia or, as the case may require, to such director, officer, clerk or servant of SC Asia, as SC Asia may appoint for that purpose or, in default of appointment, to the director, officer, clerk or servant of SC Asia who corresponds as nearly as may be to the first-mentioned director, officer, clerk or servant; (b) sub-paragraphs (ii) and (iii) of paragraph (a) shall apply to any statutory provision and to any provision of any existing contract to which MBFEL was not a party and sub-paragraphs (i), (ii) and (iii) of that paragraph shall apply to any provision of any other existing document (not being a contract) in the same manner as, in any such case, they apply to a contract to which paragraph (a) applies; (c) any account between MBFEL and a customer shall, on and from the appointed day, become an account between SC Asia and the customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account: Provided that nothing herein shall affect any right of SC Asia or of the customer to vary the conditions or incidents subject to which any account is kept; (d) any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent given to MBFEL (whether in writing or not and whether or not in relation to an account) shall have effect, on and from the appointed day, as if given to SC Asia; (e) any negotiable instrument or order for payment of money drawn on, or given to, or accepted or endorsed by MBFEL, or payable at any place of business of MBFEL, whether so drawn, given, accepted or endorsed before, on or after the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by SC Asia or were payable at the same place of business of SC Asia; (f) the custody of any document, goods or other thing held by MBFEL as bailee shall pass to SC Asia on the appointed day, and the rights and obligations of MBFEL under any contract of bailment relating to any such document, goods or thing shall on the appointed day become rights and obligations of SC Asia; (g) any security held immediately before the appointed day by, or by a nominee of, or trustee for, MBFEL as security for the payment or discharge of any debt or liability (whether existing or future, actual or contingent) shall, on and from the appointed day, be held by, or (as the case may require) by that nominee or trustee as nominee or trustee for, SC Asia and to the extent of that debt or liability be available to SC Asia, as security for the payment or discharge of that debt or liability, and any such security which extends to future advances or liabilities shall, on and from the appointed day, be held by, and be available as aforesaid to, SC Asia as security for future advances by, and future liabilities to, SC Asia in the same manner in all respects as future advances by or liabilities to MBFEL were secured thereby immediately before that day; (h) where by virtue of this Ordinance any right or liability of MBFEL becomes a right or liability of SC Asia, SC Asia and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of SC Asia and any legal proceedings or applications to any authority pending immediately before the appointed day by or against MBFEL may be continued by or against SC Asia; and (i) any judgment or award obtained by or against MBFEL and not fully satisfied before the appointed day shall, to the extent to which it is enforceable by or against MBFEL, be enforceable by or against SC Asia. Contracts of employment (1) Paragraph (a) of section 7 applies to a contract for the employment of any person by MBFEL; and employment with MBFEL and SC Asia under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director, secretary or auditor of MBFEL shall by virtue only of this Ordinance become a director, secretary or, as the case may be, auditor of SC Asia. Evidence and records and documents (1) All records and other documents which would, before the appointed day, have been evidence in respect of any matter for or against MBFEL shall be admissible in evidence in respect of the same matter for or against SC Asia. (2) In this section "documents" (文件) shall be construed in accordance with section 55 of the Evidence Ordinance (Cap 8). Application of Part III of Evidence Ordinance (1) On and from the appointed day, Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of MBFEL vested in SC Asia by virtue of this Ordinance, and to entries made therein before the appointed day, as if such banker's records were the banker's records of SC Asia. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which become the banker's records of SC Asia by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of SC Asia at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of the property and liabilities of MBFEL in SC Asia in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1), any document made or executed on or after the appointed day whereby SC Asia, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by MBFEL immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of MBFEL in such property became vested in SC Asia by virtue of this Ordinance. (3) Nothing in this section applies to any property falling within section 3(3) of this Ordinance. Vesting of interests in land The vesting in SC Asia of an interest in land by virtue of this Ordinance shall not- (a) constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) constitute an assignment, transfer, devolution, parting with possession or other disposition of that interest for the purposes of any provision relating to assignment, transfer, devolution, parting with possession or other disposition contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Saving for SC Asia Nothing in this Ordinance shall derogate from or prejudice the powers of SC Asia to alter its memorandum and articles of association or to dispose of, or deal with, its assets or to carry on or discontinue its business or any part thereof. Saving for enactments concerning financial institutions Save as expressly provided in this Ordinance, nothing in this Ordinance shall exempt MBFEL or SC Asia from the provisions of any enactment regulating the carrying on of the business of either of them. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Costs of Ordinance The costs, charges and expenses preliminary to, and of and incidental to, the preparing for, obtaining and passing of this Ordinance, or otherwise in relation thereto, shall be paid by SC Asia. Long title To provide for the vesting in Lloyds Bank Plc of the undertaking of Lloyds Bank International Limited; and for other related purposes. [12 July 1985] Preamble WHEREAS- (1) Lloyds Bank Plc (hereinafter called "Lloyds") is a public company incorporated under the Companies Act 1862 (1862 c. 89 U.K.) as a company limited by shares; (2) Lloyds Bank International Limited (hereinafter called "LBI") is a private company incorporated under the Companies Acts 1948 to 1967 (as defined in the Companies Act 1967 (1967 c. 81 U.K.)) as a company limited by shares under the name of Lloyds & Bolsa International Bank Limited and is a wholly-owned subsidiary of Lloyds; (3) LBI is a bank licensed under the Banking Ordinance (Cap 155) and carries on the business of banking in Hong Kong and elsewhere; (4) Lloyds carries on the business of banking in the United Kingdom and elsewhere; (5) for the better conduct of the business of the Lloyds group of companies, it is expedient that provision be made for the fusion of undertakings by which that business is carried on by vesting in Lloyds the undertaking of LBI and that that fusion of undertakings should be effected without interference with the conduct and continuity of that business; (6) The Lloyds Bank (Merger) Act 1985 (1985 c. ix U.K.) makes provision for such fusion; (7) it is expedient that provision be made for the effecting of such fusion in Hong Kong: Short title Part III of Evidence Ordinance Evidence of vesting Interests in land Saving for enactments concerning banking institutions Saving for companies Saving (1) This Ordinance may be cited as the Lloyds Bank (Merger) Ordinance. Interpretation (1) In this Ordinance, unless the subject or context otherwise requires- "appointed day" (指定日期) means- (a) the day appointed for the general purposes of the UK Act under section 3 thereof; or (b) in relation to any part of the undertaking, the day appointed under section 3 of the UK Act for that part; "customer" (客戶) means any person having a banking account or other dealing, transaction or arrangement with LBI or, as the case may be, Lloyds; "existing" (現有) means existing, outstanding or in force immediately before the appointed day; "LBI" (勞合國際) means Lloyds Bank International Limited; "liabilities" (法律責任) includes duties and obligations of every description (whether present or future, actual or contingent); "Lloyds" (勞合銀行) means Lloyds Bank Plc; "property" (財產) means property and assets of every description and rights of every description (whether present or future, actual or contingent), and includes property held on trust and securities, benefits and powers of every description; "security" (抵押) includes a mortgage or charge (whether legal or equitable), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, undertaking or other means of securing payment or discharge of a liability (whether present or future, actual or contingent); "UK Act" (英國法令) means the Lloyds Bank (Merger) Act 1985 (1985 c. ix U.K.); "the undertaking" (業務) means the business and all existing property and liabilities of LBI of whatsoever nature, except documents required to be kept by LBI pursuant to the provisions of the Companies Acts 1948 to 1983 (as defined in the Companies (Beneficial Interests) Act 1983 (1983 c. 50 U.K.)); "will" (遺囑) includes a codicil and any other testamentary writing. (2) In sections 8, 9, 10 and 11 the appointed day is the day appointed for the general purposes of the UK Act. (3) Any reference in this Ordinance to property or liabilities of LBI is a reference to property or liabilities to which LBI is for the time being entitled or subject (whether beneficially or in any fiduciary capacity), wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by LBI, and whether LBI is entitled or subject to the property or liabilities under the law of Hong Kong or under the law of any country or territory outside Hong Kong. Notice of appointed day Lloyds shall give notice in the Gazette of the day appointed as the appointed day for the general purposes of the UK Act under section 3 thereof. Recognition of vesting of LBI's undertaking in Lloyds It is declared that- (a) subject to paragraph (b), on the appointed day for the general purposes of the UK Act, the undertaking shall, by virtue of the UK Act and without further assurance, be deemed for the purposes of Hong Kong law to have vested in Lloyds as if in all respects Lloyds were the same person in law as LBI; (b) if, pursuant to section 4(3) of the UK Act, Lloyds appoints a day for the vesting of any part of the undertaking which is later than the appointed day for the general purposes of the UK Act, that part of the undertaking shall, by virtue of the UK Act and without further assurance, be deemed for the purposes of Hong Kong law to have vested in Lloyds on such later day. Trust property and wills (1) Any property deemed to be vested in Lloyds by virtue of this Ordinance which immediately before the appointed day was held by LBI, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Lloyds alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which (whether alone or by the operation of the Lloyds & Bolsa International Bank Act 1972 (1972 c. vi U.K.)) any property became vested in LBI in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, LBI of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein (whether original or by the operation of the Lloyds & Bolsa International Bank Act 1972 (1972 c. vi U.K.)) to LBI, other than a reference (however worded and whether express or implied) to terms and conditions of LBI or to a scale of fees of LBI, there were substituted a reference to Lloyds. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Supplementary provisions Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to matters within Hong Kong or subject to the laws of Hong Kong- (a) Every contract to which LBI is a party (whether in writing or not) shall have effect on and from the appointed day as if- (i) Lloyds had been a party thereto instead of LBI; (ii) for any reference (however worded and whether express or implied) to LBI there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Lloyds; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of LBI were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Lloyds or, as the case may require, to such director, officer or employee of Lloyds as Lloyds may appoint for that purpose or, in default of appointment, to the director, officer or employee of Lloyds who corresponds as nearly as may be to the first-mentioned director, officer or employee; and (iv) where the contract relates to property or liabilities which are for the time being only partly vested in Lloyds, the contract, to the extent to which it is enforceable by and against LBI, constituted two separate contracts, one of which is enforceable by and against Lloyds as regards the part of the property or liabilities so vested in it and not as regards the other part, and the other of which is enforceable by and against LBI as regards the part of the property or liabilities not so vested in Lloyds and not as regards the other part. (b) Paragraph (a)(ii) and (iii) shall apply to any statutory provision, to any provision of any existing contract to which LBI was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies: Provided that those sub-paragraphs shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of LBI. (c) Any account between LBI and a customer shall, on the appointed day, become an account between Lloyds and the customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account: Provided that nothing in this Ordinance shall affect any right of Lloyds or of the customer to vary the conditions or incidents subject to which any account is kept. (d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent given to LBI (whether in writing or not and whether or not in relation to an account) shall have effect, on and from the appointed day, as if given to Lloyds. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, LBI, or payable at any place of business of LBI, whether so drawn, given, accepted or endorsed before, on or after the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Lloyds, or were payable at the same place of business of Lloyds. (f) The custody of any document or record, goods or other thing held by LBI as bailee shall pass to Lloyds on the appointed day, and the rights and obligations of LBI under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Lloyds. (g) (i) Any security held immediately before the appointed day by LBI, or by a nominee or agent of or trustee for LBI, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Lloyds, and be available to Lloyds (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security vested in Lloyds in accordance with the provisions of this Ordinance and any liabilities thereby secured, Lloyds shall be entitled to the rights and priorities and be subject to the obligations and incidents to which LBI would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of sub-paragraph (ii), in any case where any existing liability subsists between LBI and Lloyds in respect of which LBI or Lloyds, or a nominee or agent of or trustee for LBI or Lloyds, holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting in Lloyds of the undertaking or any part thereof; (iv) any security referred to in sub-paragraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Lloyds (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and future liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, LBI or, as the case may be, Lloyds were secured thereby immediately before that day. (h) Where by virtue of this Ordinance any right or liability of LBI is deemed to become a right or liability of Lloyds, Lloyds and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Lloyds; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against LBI may be continued by or against Lloyds. (i) Any judgment or award obtained by or against LBI and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against LBI, become enforceable by or against Lloyds. Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by LBI; and employment with LBI and Lloyds under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director, secretary or auditor of LBI shall by virtue only of this Ordinance become a director, secretary or, as the case may be, auditor of Lloyds. Pensions (1) The trust deeds and rules constituting or relating to the fund established in Hong Kong and known as the Lloyds Bank International Limited Staff Provident Fund shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to LBI there were substituted a reference to Lloyds. (2) No officer or employee of LBI who becomes an officer or employee of Lloyds by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Lloyds, and no existing officer or employee of Lloyds shall, by virtue of this Ordinance, be entitled to participate in any pension fund of LBI or the Lloyds Bank International Limited Staff Provident Fund. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against LBI shall be admissible in evidence in respect of the same matter for or against Lloyds. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of LBI deemed to be vested in Lloyds by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Lloyds. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Lloyds by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Lloyds at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of any property and liabilities of LBI in Lloyds in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the appointed day, whereby Lloyds or LBI, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by LBI immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of LBI in that property- (i) in the case of such a document referring to the property as property held by Lloyds, is deemed to be vested in Lloyds under this Ordinance; and (ii) in the case of such a document referring to the property as property held by LBI, is not deemed to be vested in Lloyds under this Ordinance; (b) where there is any other transaction by Lloyds or LBI on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of LBI immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Lloyds or, as the case may be, LBI has full power and authority for that transaction as if- (i) in the case of a transaction by Lloyds, the property or liabilities were deemed to be vested in it under this Ordinance; and (ii) in the case of a transaction by LBI, the property or liabilities were not deemed to be vested in Lloyds under this Ordinance; (c) a joint certificate given by or on behalf of LBI and Lloyds, whether given before, on or after the appointed day, that any property or liabilities specified in the certificate is or is not at the date so specified deemed to be vested in Lloyds under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) nothing in paragraphs (b) and (c) affects the liability of LBI or Lloyds to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities; (e) in this section "convey" (轉易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. Interests in land The deemed vesting of an interest in land by or under this Ordinance shall not- (a) constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); (b) constitute an assignment, transfer, devolution, alienation, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; (c) give rise to any forfeiture; (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Lloyds or LBI or any other subsidiary of Lloyds from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of Lloyds to alter its memorandum and articles of association or to dispose of, or deal with, its assets or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of LBI to dispose of, or deal with, its assets before the appointed day. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the transfer of the undertaking of The Royal Bank of Scotland public limited company to RBSG public limited company; and for purposes connected therewith. [26 July 1985] Preamble WHEREAS- (a) The Royal Bank of Scotland public limited company (hereinafter called "Royal Bank of Scotland") was incorporated by a Royal Charter granted by His Majesty King George the First dated 31 May 1727 under the name "The Royal Bank of Scotland", was subsequently registered under Part VIII of the United Kingdom Companies Act 1948 as a company limited by shares under the name "The Royal Bank of Scotland Limited" and re-registered under the United Kingdom Companies Act 1980 as a public limited company and is now registered under Part XI of the Companies Ordinance (Cap 32) as an oversea company; (b) RBSG public limited company (hereinafter called "the Bank") is a public company incorporated under the United Kingdom Companies Acts 1948 to 1980 as a company limited by shares formed with the object (amongst others) of carrying on, in the United Kingdom, Hong Kong and elsewhere, the business of banking and is registered under Part XI of the Companies Ordinance (Cap 32) as an oversea company; (c) it is expedient, in connection with a worldwide merger of the respective undertakings of Royal Bank of Scotland and Williams & Glyn's Bank public limited company, that the said undertakings should be transferred to the Bank; (d) the Royal Bank of Scotland Act 1985 has been passed in the United Kingdom for the purpose of effecting the transfer of the said undertakings to the Bank (in so far as the same can be effected by United Kingdom legislation) and for the purpose of changing the name of Royal Bank of Scotland to "The Royal Bank of Scotland (1727) Limited" and changing the name of the Bank to "The Royal Bank of Scotland public limited company"; and (e) it is expedient that, in connection with the said worldwide merger, the Hong Kong business of Royal Bank of Scotland and that part of the undertaking of Royal Bank of Scotland which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of Royal Bank of Scotland should be transferred to the Bank by Hong Kong legislation: Short title Claims, actions, etc., not to abate Application of Part III of Evidence Ordinance Transfers governed otherwise than by law of Hong Kong Records and other documents to remain evidence Evidence of transfer Reserves and profits and losses transferred Transfer of interests in land and other property Completion and deduction of title to property Saving for testamentary gifts Saving for enactments concerning banking, etc. This Ordinance may be cited as the Royal Bank of Scotland Ordinance. Appointed day* (*30 September 1985 has been appointed as the day referred to in section 3(1)-see notice in page PN3615 of Gazette Supplement No. 6 of 13 September 1985.) (1) The directors of the Bank may appoint a day for the purposes of this Ordinance: Provided that any day appointed under this section shall not be before a licence has been granted to the Bank under section 7 of the Banking Ordinance (Cap 155). (2) Not less than 14 days before the day appointed under this section the Bank shall publish in the Gazette a notice stating the day so appointed. (3) The publication of notice under subsection (2) shall be conclusive evidence of a day being the appointed day for the purposes of this Ordinance, and a photostatic or other reproduction of a page or part of a page of the Gazette containing the notice certified by an authorized representative of the Bank shall be evidence of the publication of the notice. Transfer of undertaking of Royal Bank of Scotland to the Bank On the appointed day that part of the undertaking of Royal Bank of Scotland which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of Royal Bank of Scotland shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, the Bank to the intent that the Bank shall succeed to such part of the undertaking of Royal Bank of Scotland as if in all respects the Bank were the same person in law as Royal Bank of Scotland. Provisions as to contracts, etc., and enactments (1) Without prejudice to the generality of any other provision of this Ordinance but subject to any provision in this Ordinance to the contrary effect, the following provisions of this section shall have effect for the purposes of section 4. (2) All existing contracts, agreements, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to Royal Bank of Scotland (whether alone or with any other person and whether as principal or agent and whether in writing or not) shall be construed and have effect on and from the appointed day as if- (a) instead of Royal Bank of Scotland, the Bank had been the person by whom they were entered into, with whom they were made, to or by whom they were given or to whom they were addressed (as the case may be); (b) for any reference (however worded and whether express or implied) to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (c) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. (3) Any existing deed or other instrument or document and any existing contract, agreement or undertaking not in writing (other than one to which subsection (2) applies or a will) in which there is a reference (however worded and whether express or implied) to Royal Bank of Scotland or to the directors or to any director, officer or employee of Royal Bank of Scotland shall be construed and have effect on and from the appointed day as if- (a) for any such reference to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (b) any such reference to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. (4) Any deed or other instrument or document (other than a will), and any contract, agreement or undertaking not in writing which is made, executed or given on or after the appointed day and in which there is a reference (however worded and whether express or implied) to Royal Bank of Scotland or to the directors or to any director, officer or employee of Royal Bank of Scotland shall be construed and have effect as if- (a) for any such reference to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (b) any such reference to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. (5) Any enactment other than this Ordinance containing a reference (however worded and whether express or implied) to Royal Bank of Scotland or to the directors or to any director, officer or employee of Royal Bank of Scotland shall be construed and have effect on and from the appointed day as if- (a) for any such reference to Royal Bank of Scotland there were substituted, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the Bank; and (b) any such reference to the directors or to any director, officer or employee of Royal Bank of Scotland were, as regards anything falling to be done or capable of being done on or after the appointed day, a reference to the directors of the Bank or, as the case may require, to such director, officer or employee of the Bank as the Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of the Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. Provisions as to trust property transferred and as to trusteeships, etc. (1) Any property transferred to and vested in the Bank by virtue of this Ordinance which, immediately before the appointed day, was held by Royal Bank of Scotland, whether alone or jointly with any other person- (a) as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will, and whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court or otherwise; (b) as executor of the will of a deceased person; (c) as administrator of the estate of a deceased person; (d) as judicial trustee or judicial factor appointed by order of any court; or (e) in any other fiduciary capacity whatsoever, shall, on and from the appointed day, be held by the Bank alone or jointly with such other person (as the case may be), in the same capacity, upon the trusts, and with and subject to the rights, powers, provisions, liabilities and obligations applicable thereto respectively. (2) Any order of any court or any trust deed, settlement, covenant, agreement, will or appointment, whether made or executed before, on or after the appointed day, under or by virtue of which Royal Bank of Scotland was or is or, but for the provisions of this section, would have been (whether alone or with any other person) granted letters of administration or appointed trustee, custodian trustee, executor, tutor, curator, guardian, judicial trustee, judicial factor or custodian or appointed or confirmed in any other fiduciary capacity shall not fail by reason of anything in this Ordinance but shall, on and from the appointed day (or, if it be later, the date upon which such order, trust deed, settlement, covenant, agreement, will or appointment is made or executed), be read, construed and have effect as if for any reference therein to Royal Bank of Scotland there were substituted a reference to the Bank. (3) Where any order, trust deed, settlement, covenant, agreement, will or appointment such as is mentioned in subsection (2) authorized or authorizes Royal Bank of Scotland or (in the case of any such order, trust deed, settlement, covenant, agreement, will or appointment taking effect after the appointed day) would have authorized Royal Bank of Scotland (if it had accepted such appointment) to charge remuneration or otherwise to act in accordance with a scale or terms or conditions applicable to Royal Bank of Scotland at any particular date before, on or after the appointed day or for the time being, then on and from the appointed day (or, if it be later, the date upon which such order, trust deed, settlement, covenant, agreement, will or appointment is made or executed) every reference in such order, trust deed, settlement, covenant, agreement, will or appointment to such scale or terms or conditions shall be construed and have effect as if the same were a reference to the corresponding scale or terms or conditions applicable to the Bank at such particular date or for the time being (as the case may be): Provided that where any such reference is to a scale or terms or conditions applicable to Royal Bank of Scotland at some date before the appointed day, then the provisions of this subsection shall be construed and have effect as if such scale or terms or conditions had been applicable to the Bank at such prior date (notwithstanding that the Bank may not have been in existence at that date or may not have been carrying on the business of acting in the fiduciary capacity to which such scale or terms or conditions related) and as if every reference in such scale or terms or conditions to Royal Bank of Scotland had been a reference to the Bank. Supplementary provisions as to transfer (1) Without prejudice to the generality of any other provision of this Ordinance, the following provisions shall have effect for the purposes of section 4- (a) any existing account between Royal Bank of Scotland and a customer shall be transferred to the Bank on the appointed day and shall become, on and from the appointed day, an account between the Bank and such customer with the same rights and subject to the same obligations and incidents (including rights of compensation and set-off) as would have been applicable thereto if such account between Royal Bank of Scotland and the customer had continued and such account shall be deemed for all purposes to be a single continuing account: Provided that nothing herein shall effect any right of the Bank or of the customer on or after the appointed day to vary the conditions or incidents subject to which any account is kept; (b) (i) any existing instruction, order, direction, mandate, notice, representation, power of attorney, authority, consent or undertaking (whether in writing or not and whether or not in relation to an account) given to Royal Bank of Scotland, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to the Bank or, as the case may be, to the Bank jointly with such other person; (ii) any instruction, order, direction, mandate, notice, representation, power of attorney, authority, consent or undertaking (whether in writing or not) which is given to Royal Bank of Scotland, either alone or jointly with another person, on or after the appointed day and which, if given as aforesaid prior to the appointed day would have related to an existing account between Royal Bank of Scotland and a customer shall apply and have effect as if given to the Bank or, as the case may be, to the Bank jointly with such other person; (c) (i) any security which is, immediately before the appointed day, held by or in favour of Royal Bank of Scotland as security for the payment or discharge of any liability shall, on and from the appointed day, be held by or in favour of the Bank and be available to the Bank as security for the payment or discharge of such liability; (ii) where any security such as is mentioned in sub-paragraph (i) of this paragraph extends to future advances or future liabilities, the said security shall, on and from the appointed day, be held by or in favour of the Bank, and be available to the Bank, as security for future advances by, or future liabilities to, the Bank to the same extent and in the same manner in all respects as if it had been originally granted in favour of, and had originally extended to future advances by or future liabilities to, the Bank; (iii) where any security such as is mentioned in sub-paragraph (i) of this paragraph was granted for a stated maximum amount, the said security shall, on and from the appointed day, have the same effect in favour of the Bank up to such maximum amount in all respects as if it had been originally granted in favour of the Bank for such maximum amount; (iv) the Bank shall, in relation to any security such as is mentioned in sub-paragraph (i) of this paragraph and to the liabilities thereby secured, be entitled to the same rights and priorities and subject to the same obligations and incidents on and from the appointed day as Royal Bank of Scotland would have been entitled and subject to if the said security had continued to be held by it or in its favour; (d) the custody or possession of any document, goods or other property held by Royal Bank of Scotland, or by an agent for or nominee of Royal Bank of Scotland, as a bailee, depositary or custodian shall on and from the appointed day and by virtue of this Ordinance be transferred to the Bank or, as the case may require, be held by such agent or nominee as agent for or nominee of the Bank, and the rights and obligations of Royal Bank of Scotland under any contract of bailment, deposit or custodianship relating to such document, goods or property, or under any other contract or arrangement (whether in writing or not) or deed or other instrument or document regulating custody or possession of the same, shall by virtue of this Ordinance be transferred on the appointed day to the Bank; (e) any negotiable instrument or order for payment of money, whether drawn, given, accepted or endorsed before, on or after the appointed day, which is expressed to be drawn on, or given to, or accepted or endorsed by, Royal Bank of Scotland, or payable at any place of business of Royal Bank of Scotland, shall have the same effect on and from the appointed day (or, if it be later, the date upon which it is drawn, given, accepted or endorsed) as if it had been drawn on, or given to, or accepted or endorsed by the Bank, or payable at the same place of business of the Bank. (2) Any reference in paragraph (c) of subsection (1) to securities held by or in favour of Royal Bank of Scotland shall be construed as including a reference to securities held by an agent or trustee for, or a nominee of, Royal Bank of Scotland and any reference in that paragraph to securities held by or in favour of Royal Bank of Scotland being, on and from the appointed day, held by or in favour of the Bank shall be construed as including a reference to securities which are held by an agent or trustee for, or a nominee of, Royal Bank of Scotland being, on and from the appointed day, held by such agent, trustee or nominee as agent or trustee for, or nominee of, the Bank. Contracts of employment (1) Section 5(2) shall apply to a contract for the employment of any person by Royal Bank of Scotland and employment by Royal Bank of Scotland and the Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director, secretary or auditor of Royal Bank of Scotland shall, by virtue only of this Ordinance, become a director, secretary or, as the case may be, auditor of the Bank. Retirement fund (1) In this section "the fund" (該基金) means the group retirement benefit fund established in Hong Kong by policy number GPC-1093 issued by American International Assurance Company Limited to Royal Bank of Scotland. (2) For the purposes of section 4 and without prejudice to the generality of any other provision of this Ordinance, the policies, rules, regulations and instruments constituting or relating to the fund shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein, express or implied, to Royal Bank of Scotland (except in the name or title of the fund) there were substituted a reference to the Bank, but for the purpose of ascertaining and calculating the right to benefits under the fund, service or employment with Royal Bank of Scotland prior to the appointed day shall be taken into account as if it were service or employment with the Bank. Claims, actions, etc., not to abate (1) Where by virtue of this Ordinance any right or liability of Royal Bank of Scotland becomes a right or liability of the Bank, the Bank and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, claiming, perfecting or enforcing that right or liability as if it had at all times been a right or liability of the Bank; and any claim (including any contingent claim), action, arbitration or proceeding and any cause of action, arbitration or proceeding and any application to any authority which shall, immediately before the appointed day, be pending or existing by, against or in favour of Royal Bank of Scotland shall not abate or be discontinued or in any way prejudicially affected by reason of the provisions of this Ordinance, but the same may, on and from the appointed day, only be made, continued, prosecuted and enforced by or against or in favour of the Bank as and when it might have been made, continued, prosecuted and enforced by or against or in favour of Royal Bank of Scotland if this Ordinance had not been passed. (2) Any judgment, decree, order or award obtained by or against Royal Bank of Scotland and not fully satisfied before the appointed day, shall, to the extent to which it is enforceable by or against Royal Bank of Scotland, only be enforceable, on and from the appointed day, by or against the Bank. (3) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Royal Bank of Scotland, whether alone or with others, before the appointed day. Application of Part III of Evidence Ordinance (1) On and from the appointed day, Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Royal Bank of Scotland transferred to the Bank by virtue of this Ordinance, and to entries made therein before the appointed day, as if such banker's records were the banker's records of the Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records so transferred to the Bank shall be deemed to have been the ordinary banker's records of the Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Transfers governed otherwise than by law of Hong Kong Where the transfer and vesting of any property forming part of the undertaking of Royal Bank of Scotland is governed otherwise than by the law of Hong Kong, Royal Bank of Scotland shall, if the Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for the purpose of securing the effective transfer or vesting thereof to or in the Bank and, pending such transfer or vesting, shall hold any such property in trust for the Bank. Records and other documents to remain evidence (1) All records and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Royal Bank of Scotland shall on and from the appointed day be admissible in evidence in respect of the same matter for or against the Bank. (2) In this section "documents" (文件) shall be construed in accordance with section 55 of the Evidence Ordinance (Cap 8). Evidence of transfer (1) The production of a Government Printer's copy of this Ordinance, and such evidence of publication of notice of the appointed day as is specified in section 3(3), shall, for all purposes, be conclusive evidence of the transfer of the undertaking of Royal Bank of Scotland to the Bank and of the vesting thereof in the Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of the foregoing- (a) a Government Printer's copy of this Ordinance, together with such evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, the Bank by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Royal Bank of Scotland to the Bank; (b) any deed or other instrument or document made or executed on or after the appointed day whereby the Bank, whether alone or jointly with any other person, conveys, transfers or assigns, or purports to convey, transfer or assign, to any person (whether for consideration or not), or applies to be registered as the holder, proprietor or owner of, any property held by Royal Bank of Scotland immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Royal Bank of Scotland in such property became vested in the Bank by virtue of this Ordinance. (3) In subsection (2) "registered securities" (註冊證券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not). Reserves and profits and losses transferred (1) For the purposes of section 4, on and from the appointed day, and by virtue of this Ordinance- (a) every existing reserve of Royal Bank of Scotland shall be transferred to and for all purposes be and become a reserve of the Bank; and (b) the amount, description and character of every reserve of the Bank which shall come into being pursuant to paragraph (a) shall be the same in all respects as those of the corresponding existing reserve immediately before the appointed day, and all enactments and rules of law shall apply to or in respect of every such reserve of the Bank in the same manner in all respects as they applied to or in respect of the corresponding existing reserve immediately before the appointed day. (2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature). (3) Without prejudice to the generality of subsection (1), any profits or losses of Royal Bank of Scotland earned or incurred after the beginning of the financial year in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of the Bank. (4) In subsection (3), "financial year" (財政年度) has the meaning assigned to it by section 2(1) of the Companies Ordinance (Cap 32). Transfer of interests in land and other property It is hereby declared that the transfer and vesting of any property to and in the Bank by virtue of this Ordinance shall not- (a) constitute an acquisition of a right to occupy premises for the purposes of section 53(4) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) or a purchase or creation of an interest in land for the purposes of section 119E(2) of that Ordinance; or (b) constitute an assignation, assignment, transfer, devolution, parting with possession or other disposition of property or of an interest in property for the purposes of any provision relating to assignation, assignment, transfer, devolution, parting with possession or other disposition contained in any deed or other instrument or document concerning that property or that interest; or (c) operate as a breach of covenant or condition against alienation; or (d) give rise to any forfeiture; or (e) invalidate or discharge any contract or security; or (f) operate so as to merge any leasehold interest in the reversion which is expectant thereon: Provided that nothing in this section shall exempt Royal Bank of Scotland or the Bank from the provisions of the Stamp Duty Ordinance (Cap 117). Completion and deduction of title to property To enable the Bank to complete a title, if thought fit, to any property transferred to it and vested in it by virtue of this Ordinance by notice of title, deed, instrument or otherwise, or to deduce title, this Ordinance shall be deemed to be, and may be used as, an assignment or assignation, conveyance, transfer or, as the case may be, general disposition of such property in favour of the Bank. Saving for testamentary gifts For the avoidance of doubt it is hereby declared that no testamentary gift shall be adeemed by reason only of the operation of any provision of this Ordinance. Saving for enactments concerning banking, etc. Subject to the provisions of this Ordinance, nothing in this Ordinance shall exempt Royal Bank of Scotland or the Bank from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for the Bank and Royal Bank of Scotland Nothing in this Ordinance shall prejudice the powers of the Bank to alter its memorandum and articles of association or the powers of Royal Bank of Scotland to alter its business and objects or regulations; and nothing in this Ordinance shall derogate from or prejudice the powers of the Bank or Royal Bank of Scotland to change its name (whether its name at the time of the passing of this Ordinance or not), or to dispose of, or deal with, its assets or to carry on or discontinue its business or any part thereof. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Costs of Ordinance All costs, charges and expenses preliminary to, and of and incidental to, the preparation, obtaining and passing of this Ordinance shall be paid by the Bank. Long title To provide for the declaration of Shaw College as a constituent College of The Chinese University of Hong Kong and to make consequential amendments to The Chinese University of Hong Kong Ordinance. [1 August 1986] Short title This Ordinance may be cited as The Chinese University of Hong Kong (Declaration of Shaw College) Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "constituent College" (成員書院), "Council" (大學校董會) and "University" (香港中文大學) have the meanings respectively assigned to them by the principal Ordinance; "principal Ordinance" (主體條例) means The Chinese University of Hong Kong Ordinance (Cap 1109). Declaration of Shaw College as College of University Shaw College is, in accordance with a special resolution of the Council, declared to be a constituent College of the University. Consequential amendments The principal Ordinance is amended in the manner and to the extent set out in the Schedule. Long title To establish a trust fund called the "Sir Edward Youde Memorial Fund" and to provide for the administration thereof and for matters connected therewith. [1 April 1987] Short title Council's powers Appointments under this Ordinance Transaction of business by circulation of papers Application of sections 51 and 52 of the Interpretation and General Clauses Ordinance (Cap 1) Accounts Cost of administering the Fund This Ordinance may be cited as the Sir Edward Youde Memorial Fund Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Board of Trustees" (信託委員會) means the Board of Trustees of the Sir Edward Youde Memorial Fund established under section 4; "Council" (理事會) means the Sir Edward Youde Memorial Fund Council established under section 9; "Fund" (基金) means the Sir Edward Youde Memorial Fund established under section 3. Establishment of Fund (1) There is established a fund to be known as the "Sir Edward Youde Memorial Fund". (2) The Fund shall consist of- (a) the moneys and assets donated, subscribed or bequeathed before the commencement of this Ordinance in anticipation of the establishment of the Fund together with any moneys earned therefrom; (b) such further moneys and assets as may, on or after the commencement of this Ordinance, be donated, subscribed or bequeathed to and accepted by, or otherwise acquired by the Board of Trustees for the Fund; and (c) any income of the Fund accumulated under section 7(d). Trustees (1) There is established a body corporate with perpetual succession to be known as the "Board of Trustees of the Sir Edward Youde Memorial Fund" which may, in that name, sue and be sued. (2) The Board of Trustees shall be the trustee of the Fund. (3) The Board of Trustees shall consist of- (a) a Chairman appointed by the Governor; (b) the Secretary for Home Affairs, or his representative, as ex officio member; and (Amended L.N. 262 of 1989) (c) 3 other members appointed by the Governor. (4) The first members appointed under subsection (3)(c) shall include Lady Youde, widow of Sir Edward Youde. Seal The Board of Trustees shall have a common seal, and the affixing of the seal shall- (a) be authorized or ratified by resolution of the Board of Trustees; and (b) be authenticated by the signature of any 2 members of the Board of Trustees, authorized by the Board of Trustees either generally or specially to act for that purpose. Application and purpose of the Fund The Board of Trustees shall hold the Fund upon trust to apply the income of the same in such manner, to such extent and subject to such conditions as the Council may determine for the general purpose of providing for and encouraging the education or learning of, or research by, the people of Hong Kong and, in particular, for making grants, or loans with or without interest- (a) for the furtherance of education, learning or research within or without Hong Kong; and (b) to educational institutions within Hong Kong for the furtherance of education, learning or research. Board of Trustees' powers The Board of Trustees may- (a) invest any moneys of the Fund in such investments as it thinks fit whether or not such investments are in Hong Kong or are authorized by section 4 of the Trustee Ordinance (Cap 29); (b) employ any professional person or financial institution to advise it on any matter arising out of or in connection with its functions under this Ordinance or to manage the investment of the moneys of the Fund in accordance with such general or specific directions as the Board of Trustees may give in writing from time to time; (Amended 48 of 1989 s.2) (c) borrow money in such manner, on such terms and against such security as it thinks expedient; and (d) accumulate any income of the Fund not applied under section 6 or paid under section 8 or 15. Additional payments from the Fund The Board of Trustees shall pay out of the income of the Fund- (a) all fees of any person or institution employed by it under section 7(b) and all salaries, allowances and expenses of any person employed by the Council under section 10; (Amended 30 of 1997 s. 2) (b) the reasonable travelling and accommodation expenses of any person not a resident of Hong Kong appointed to be a member of the Board of Trustees or of the Council arising out of or in connection with his attendance in Hong Kong at any meeting thereof; and (Amended 30 of 1997 s. 2) (c) all reasonable expenses incurred by the Council in exercising its function under section 9A(b). (Added 30 of 1997 s. 2) Establishment of Council Functions of Council (1) There is established a Council to be known as the "Sir Edward Youde Memorial Fund Council". (Amended 30 of 1997 s. 3) (2) The Council shall consist of- (a) a Chairman appointed by the Governor; (b) the Secretary for Education and Manpower, or his representative, as ex officio member; (c) 5 other members appointed by the Governor. (3) The first members appointed under subsection (2)(c) shall include Lady Youde, widow of Sir Edward Youde. Functions of Council The Council has the following functions- (a) to determine all matters concerning the application of the income of the Fund and the fulfilment of the Fund's purposes; and (b) to solicit and accept on behalf of the Board of Trustees donations, subscriptions and bequests to the Fund. Council's powers The Council may employ any person- (a) to advise it on any matter arising out of or in connection with its functions under this Ordinance; or (b) to perform any of its functions under this Ordinance. Appointments under this Ordinance (1) A person appointed by the Governor under this Ordinance shall hold office for such period as may be specified in the letter of his appointment but may be removed by the Governor at his pleasure. (2) The Governor shall give notice in the Gazette of any appointment under this Ordinance. (3) Any person appointed under this Ordinance may resign by giving notice in writing under his hand to the Governor. (4) A person whose appointment expires or who resigns may be reappointed by the Governor. Transaction of business by circulation of papers The Board of Trustees and the Council may transact any of their business by circulation of papers, and a resolution in writing which is approved in writing by a majority of members shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees or Council, as the case may be. Application of sections 51 and 52 of the Interpretation and General Clauses Ordinance (Cap 1) Sections 51 and 52 of the Interpretation and General Clauses Ordinance (Cap 1) apply to the Board of Trustees and the Council as they apply to a committee. Accounts (1) The Board of Trustees shall keep such accounts and records of the transactions of the Fund as the Director of Accounting Services may require and shall prepare for each financial year a statement of the accounts of the Fund. (Amended 30 of 1997 s. 6) (1A) The statement shall include - (a) an income and expenditure account for the relevant financial year; (b) a balance sheet made up to the last day of that year; and (c) particulars of any income received and any expenditure incurred by the Council in that year in the exercise of its function under section 9A(b). (Added 30 of 1997 s. 6) (1B) The statement shall be signed by the Chairman of the Board of Trustees. (Added 30 of 1997 s. 6) (2) The signed statement of the accounts of the Fund shall be submitted by the Chairman of the Board of Trustees to the auditor appointed under subsection (3) within a period of 6 months from the end of the financial year to which it relates or within such greater period as the Governor may allow. (3) The accounts of the Fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor, who shall certify such statement subject to any report he may think fit to make. (4) There shall be laid on the table of the Legislative Council on or before 31 December next following the end of each financial year or so soon thereafter as the Governor may allow- (a) a copy of the signed and audited statement of accounts together with the auditor's report, if any; (b) a report of the Board of Trustees on the administration of the Fund during that financial year; and (c) such other report, if any, as the Governor may see fit to make thereon. Cost of administering the Fund (1) All costs and expenses incurred by the Government in administering the Fund shall be a charge upon general revenue. (2) The Financial Secretary may direct that an annual supervision fee to be determined by him shall be charged against the income of the Fund and paid into general revenue. (3) The fee charged under subsection (2) shall- (a) be in respect of a financial year; and (b) not exceed 2 1/2% of the income of the Fund over that financial year. Short title Meetings and procedure of the Council Committees of the Council Appointment of Vice-Chancellor, Pro-Vice-Chancellors and other staff Power of Council to delegate to Vice-Chancellor Power of Vice-Chancellor to delegate Senate Faculties and Schools Convocation Accounts Auditors PART I PRELIMINARY (1) This Ordinance may be cited as The Hong Kong University of Science and Technology Ordinance. (2) (Omitted as spent) Interpretation Statements and reports to be submitted to Chancellor Committees generally Seal of the University Power of Council to make statutes Unauthorized use of title of the University (Omitted as spent) In this Ordinance, unless the context otherwise requires- "Chancellor" (監督) means the Chancellor of the University and also any person acting as Chancellor of the University by virtue of section 6(2); "Court" (顧問委員會), "Council" (校董會), "Senate" (教務委員會)and "Convocation" (評議會) respectively mean the Court, Council, Senate and Convocation of the University; "financial year" (財政年度) means the period fixed by the University under section 18(3); "President" (校長) and "Vice-Presidents" (副校長) respectively mean the President and Vice-Presidents of the University; (Added 27 of 1995 s. 2) "statutes" (規程) means the statutes of the University; "University" (大學) means The Hong Kong University of Science and Technology established by section 3. Establishment and incorporation of the University PART II THE HONG KONG UNIVERSITY OF SCIENCE AND TECHNOLOGY There is here by established a body corporate with perpetual succession to be known in English as The Hong Kong University of Science and Technology and in Chinese as 香港科技大學 , which in its name either in English or Chinese may sue and be sued. Objects of the University The objects of the University are- (a) to advance learning and knowledge through teaching and research, particularly- (i) in science, technology, engineering, management and business studies; and (ii) at the postgraduate level; and (b) to assist in the economic and social development of Hong Kong. Powers of the University The University may do all things that are necessary for, or incidental or conducive to, the furtherance of its objects and in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, hold and dispose of interests in property of any description; (b) enter into any contract; (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate its buildings, premises, furniture, equipment and other property; (d) employ staff, advisers and consultants, whether on a full or part time basis; (e) provide appropriate amenities (including facilities for social activities and physical recreation and residential accommodation) for its students and employees; (f) invest its funds in such manner and to such extent as it thinks appropriate or expedient; (g) borrow money in such manner and on such security or terms as it thinks appropriate or expedient; (h) apply for and receive any grant in aid on such terms as it thinks appropriate or expedient; (i) fix and collect fees and charges for courses of study, facilities and other services provided by it and specify conditions for the use of such facilities and services; (j) generally or in any particular case or class of case, reduce, waive or refund such fees and charges; (k) receive and solicit gifts, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust; (l) confer degrees and other academic awards including honorary degrees and honorary awards; (m) provide, for profit or otherwise, advisory, consultancy, research and other related services; (n) enter into a partnership or any other form of joint venture with any person; (o) acquire, hold and dispose of interests in other corporate bodies and form or take part in forming corporate bodies; (p) print, reproduce, or publish or arrange for the printing, reproduction or publishing of any manuscript, book, play, music, script, programme, poster, advertisement or other material, including video and audio material and software for computers, as it thinks appropriate or expedient; and (q) provide financial assistance, by way of grant or loan, in pursuance of its objects. The Chancellor PART III THE CHANCELLOR AND THE COURT (1) There shall be a Chancellor of the University who shall be the head of the University and who may confer degrees and other academic awards in the name of the University. (2) The Governor shall be the Chancellor. In the absence of the Governor, the Acting Governor or the Governor's Deputy shall be the Acting Chancellor and shall have all the powers and duties of the Chancellor. (3) The Chancellor may appoint a person to be the Pro-Chancellor of the University. The Pro-Chancellor may, on the authorization of the Chancellor and on his behalf, exercise any of the powers and perform any of the duties conferred or imposed on the Chancellor. The Court (1) There shall be a Court, which shall be the supreme advisory body of the University. (2) The functions of the Court shall be to- (a) receive an annual report from the President; (Amended 27 of 1995 s. 3) (b) consider any reports made to it by the Council; (c) discuss any motion made at the Court on general University policy; (d) raise funds for the University; and (e) promote the interests of the University in Hong Kong and elsewhere. Functions of the Council PART IV THE COUNCIL There shall be a Council, which- (a) shall be the supreme governing body of the University; and (b) may exercise any of the powers conferred and shall perform all of the duties imposed on the University by this Ordinance, other than those powers conferred and those duties imposed by this Ordinance on some other authority or person. Meetings and procedure of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may appoint. (2) At any meeting of the Council, 50% of the members of the Council for the time being shall form a quorum. (3) The Council may determine its own procedure. (4) If a member has any pecuniary or other personal interest in any matter to be considered at a meeting of the Council and is present at such meeting, he shall as soon as possible after the commencement of the meeting disclose to the Council the fact and nature of the interest and shall, if required by the Council, withdraw from the meeting while the Council is considering the matter and in any case shall not vote thereon. Committees of the Council (1) The Council may create such committees as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The chairman and vice-chairman of any committee appointed under subsection (1) shall be appointed by the Council from among the members of the Council. (3) Subject to subsection (4), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee created under subsection (1). (4) The Council shall not delegate to any committee created under subsection (1) the power- (a) to approve the terms and conditions of service of persons in the employment of the University; (b) to cause the preparation of the statements required under section 18(2); (c) to make statutes under section 23; (d) to appoint or remove from office the President or any Vice-President under section 12, or to approve the duties to be undertaken by any Vice-President under that section. (Amended 27 of 1995 ss. 3 & 6) (5) Subject to the directions of the Council, each committee may determine its own procedure at its meetings. Power of Council to delegate to Vice-Chancellor (1) Subject to subsection (2), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate to the President any of its powers and duties. (Amended 27 of 1995 s. 3) (2) The Council shall not delegate to the President the power- (Amended 27 of 1995 s. 3) (a) to approve the terms and conditions of service of persons in the employment of the University; (b) to cause the preparation of the statements required under section 18(2); (c) to make statutes under section 23; (d) to make appointments and removals from office under section 12, other than under section 12(1)(c), or to approve the duties to be undertaken by any Vice-President under section 12. (Amended 27 of 1995 s. 6) Power of Vice-Chancellor to delegate (1) Subject to subsection (2), the President may in writing, with or without restrictions or conditions as he thinks fit, delegate, to such person or committee of persons as he thinks fit, his powers and duties, including any power or duty of the Council delegated to him under section 13. (2) The power conferred by this section on the President to delegate any power or duty of the Council delegated to him under section 13, and the exercise by any person or committee of persons of any such power or duty delegated by the President under this section, shall be subject to any restriction or condition imposed in respect thereof by the Council under section 13. Senate PART VI SENATE, FACULTIES, SCHOOLS AND CONVOCATION There shall be a Senate which shall be the supreme academic body of the University and which shall, subject to the availability of funds provided by the Council,- (a) plan, develop and review academic programmes; (b) direct and regulate the teaching and research conducted in the University; (c) regulate the admission of persons to approved courses of study and their attendance at such courses; and (d) regulate the examinations leading to the degrees and other academic awards of the University. Faculties and Schools (1) There shall be such Faculties and Schools as may be constituted by the Council. (2) There shall be a Board of each Faculty and School. Convocation There shall be a Convocation. Accounts PART VII FINANCIAL STATEMENTS AND REPORTS (1) The University shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the University shall cause to be prepared statements of income and expenditure during the previous financial year and of the assets and liabilities of the University on the last day thereof. (3) The University may, from time to time, fix a period to be its financial year. Auditors (1) The University shall appoint auditors, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the University and to require such information and explanations thereof as they think fit. (2) The auditors shall audit the statements prepared under section 18(2) and shall report thereon to the University. Statements and reports to be submitted to Chancellor The Council shall, not later than 6 months after the end of each financial year, submit to the Chancellor a report on the activities of the University and copies of the statements prepared under section 18(2) and the report made under section 19(2). Committees generally PART VIII GENERAL (1) The Court, the Senate, and the Board of each Faculty and School may establish such committees as they think fit. (2) Unless the statutes provide otherwise, the chairman and vice-chairman of any committee shall be members of the Court, the Senate, or the Board of the Faculty or School, as the case may be. (3) Unless the statutes provide otherwise, any committee may consist partly of persons who are not members of the Court, the Senate, or the Board of the Faculty or School, as the case may be. (4) Unless the statutes provide otherwise, the Court, the Senate, and the Board of each Faculty and School may, with or without restrictions or conditions as they think fit, delegate any of their powers and functions to any committee. Seal of the University The fixing of the common seal of the University shall be- (a) authorized by resolution of the Council; and (b) authenticated by the signature of 2 members of the Council authorized by the Council to act for that purpose, one of whom shall not be an employee of the University. Power of Council to make statutes (1) The Council may make statutes for the better carrying out of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may make statutes in relation to- (a) the administration of the University; (b) the membership of the University; (c) the academic membership of the University; (d) the constitution of the Court and the Senate; (e) the constitution, powers and functions of the Faculties, the Boards of the Faculties, the Schools, the Boards of the Schools and the Convocation; (f) the regulation of the proceedings of any body referred to in paragraphs (d) and (e) above; (g) the offices of Dean of a Faculty and Dean of a School and the powers and functions of persons holding such offices; (h) the welfare and discipline of students and employees of the University; (i) the conferring of degrees and other academic awards, including honorary degrees and honorary awards; (j) the nomination of academic members from the Senate for appointment to the Council under section 9(1)(f); (k) financial procedures; (l) fees payable to the University as a condition of admission to any examinations held by the University or for the conferring of any degree or other academic award of the University or for attendance at any course of the University or any similar purpose; and (m) generally, the carrying into effect of this Ordinance. (2) Every statute made under subsection (1) shall be published in the Gazette. Unauthorized use of title of the University (1) No person shall incorporate or form, or be a director, office bearer or organizer of, work in connection with, or be a member of, any body of persons, corporate or unincorporate, that, without the written consent of the Council- (a) holds itself out to be- (i) the University or any part thereof; or (ii) in any way connected or associated with the University; or (b) uses the title "The Hong Kong University of Science and Technology" or "香港科技大學" or a title in any language which so closely resembles the title "The Hong Kong University of Science and Technology" or "香港科技大學" as to be capable of misleading any person into believing that the body of persons is- (i) the University or any part thereof; or (ii) in any way connected or associated with the University. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000. Long title To provide for facilitating the vesting in Deutsche Bank Aktiengesellschaft of the undertaking of Deutsche Bank (Asia) Aktiengesellschaft; and for other related purposes. [18 March 1988] Preamble WHEREAS- (1) Deutsche Bank Aktiengesellschaft (hereinafter called "Deutsche Bank") is a company organised under the law of the Federal Republic of Germany having its registered place of business at Frankfurt am Main; (2) Deutsche Bank (Asia) Aktiengesellschaft (hereinafter called "DB Asia") is a company organised under the law of the Federal Republic of Germany having its registered place of business at Hamburg and is a wholly-owned subsidiary of Deutsche Bank; (3) DB Asia is a bank licensed under the Banking Ordinance (Cap 155) and carries on the business of banking in Hong Kong and elsewhere; (4) Deutsche Bank carries on the business of banking in the Federal Republic of Germany and elsewhere; (5) for the better conduct of the business of the Deutsche Bank group of companies, it is expedient that provision be made for the merger of undertakings by which that business is carried on by merging into Deutsche Bank the undertaking of DB Asia and that that merger of undertakings should be facilitated without interference with the conduct and continuity of that business; (6) such merger is to be carried out in accordance with the provisions of sections 340 and following of the Stock Corporation Act of the Federal Republic of Germany (Aktiengesetz) and pursuant to such Act, a merger agreement was executed on 2 December 1987 on behalf of Deutsche Bank and DB Asia and ratified by a resolution passed at a shareholders' meeting of DB Asia dated 11 January 1988; (7) such merger agreement is due to be filed with the Commercial Register of the District Court of Hamburg and with the Commercial Register of the District Court of Frankfurt am Main and thereafter the merger to be effected pursuant thereto will be registered with both such Commercial Registers; (8) on the registration of such merger with the Commercial Register of the District Court of Frankfurt am Main, DB Asia will be dissolved under the law of the Federal Republic of Germany and its undertaking merged into that of Deutsche Bank; (9) it is expedient to make provision to facilitate such merger insofar as it relates to that part of the undertaking of DB Asia which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of DB Asia: Short title Part III of Evidence Ordinance Evidence of vesting Interests in land Saving for enactments concerning banking institutions Saving for companies Saving This Ordinance may be cited as the Deutsche Bank (Merger) Ordinance. Notice of appointed day* Deutsche Bank shall give notice in the Gazette of the day expected to be the appointed day save that, in the event that such day proves not to be the appointed day for any reason, Deutsche Bank shall give notice in the Gazette to that effect and shall again give notice in the Gazette of the next day expected to be the appointed day or, as the case may be, of the day which was the appointed day. Recognition of vesting of DB Asia's undertaking in Deutsche Bank On the appointed day that part of the undertaking of DB Asia which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of DB Asia shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Deutsche Bank to the intent that Deutsche Bank shall succeed to such part of the undertaking of DB Asia as if in all respects Deutsche Bank were the same person in law as DB Asia. Trust property and wills (1) Any property deemed to be vested in Deutsche Bank by virtue of this Ordinance which immediately before the appointed day was held by DB Asia, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Deutsche Bank alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in DB Asia in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, DB Asia of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to DB Asia there were substituted a reference to Deutsche Bank. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by DB Asia; and employment with DB Asia and Deutsche Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of DB Asia shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Deutsche Bank. Pensions (1) The trust deeds and rules constituting or relating to the fund scheme established in Hong Kong and known as the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to DB Asia there were substituted a reference to Deutsche Bank. (2) No officer or employee of DB Asia who becomes an officer or employee of Deutsche Bank by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Deutsche Bank, and no existing officer or employee of Deutsche Bank shall, by virtue of this Ordinance, be entitled to participate in any pension fund of DB Asia or the Deutsche Bank (Asia) Aktiengesellschaft Hong Kong Branch Local Staff Provident Fund Scheme. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against DB Asia shall be admissible in evidence in respect of the same matter for or against Deutsche Bank. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of DB Asia deemed to be vested in Deutsche Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Deutsche Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Deutsche Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Deutsche Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of any property and liabilities of DB Asia in Deutsche Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the appointed day, whereby Deutsche Bank or DB Asia, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by DB Asia immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of DB Asia in that property is deemed to be vested in Deutsche Bank under this Ordinance; (b) where there is any other transaction or purported transaction by Deutsche Bank or DB Asia on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of DB Asia immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Deutsche Bank has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (c) a joint certificate given by or on behalf of DB Asia and Deutsche Bank before the appointed day, or a certificate given by or on behalf of Deutsche Bank on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of DB Asia) is at the date so specified deemed to be vested in Deutsche Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) nothing in paragraphs (b) and (c) affects the liability of DB Asia and Deutsche Bank to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities; (e) in this section "convey" (轉易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. Interests in land The deemed vesting in Deutsche Bank of an interest in land by virtue of this Ordinance shall not- (a) constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Deutsche Bank or DB Asia or any other subsidiary of Deutsche Bank or DB Asia from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of Deutsche Bank to alter its memorandum and articles of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of DB Asia to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the incorporation of the Spiritual Assembly of the Baha'is of Hong Kong and to provide for matters incidental thereto or connected therewith. [17 June 1988] Short title References in documents to the company Dissolution of the company Service of documents on the Assembly Saving This Ordinance may be cited as The Spiritual Assembly of the Baha'is of Hong Kong Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Assembly" (總會) means the Spiritual Assembly for the time being elected by the members of the Baha'i community of Hong Kong in accordance with the constitution; "company" (公司、該公司) means the company incorporated under the Companies Ordinance (Cap 32) and registered under that Ordinance by the name of "The National Spiritual Assembly of the Baha'is of Hong Kong"; "constitution" (章程) means the constitution of the Assembly as set forth in the First Schedule and any amendments thereto made from time to time in accordance with such constitution; "contract of employment" (僱傭合約) means a contract of employment, whether express or implied and, if express, whether oral or in writing; "employee" (僱員) means- (a) in relation to the company, a person who works for the company under a contract of employment; and (b) in relation to the Assembly, a person who works for the Assembly under a contract of employment and includes a person who was, immediately before the commencement of this Ordinance, a person referred to in paragraph (a). Incorporation The Assembly shall be a body corporate under the name of "The Spiritual Assembly of the Baha'is of Hong Kong" with exclusive right to use that name in Hong Kong and in that name shall have perpetual succession and may sue and be sued and shall have and may use a common seal. Objects of the Assembly The objects of the Assembly and its members shall be to administer the affairs of the Cause of Baha'u'llah for the benefit of the Baha'is of Hong Kong according to the principles of Baha'i affiliation and administration created and established by Baha'u'llah, Founder of the Baha'i Faith, by 'Abdu'l-Baha, its Interpreter and Exemplar, by Shoghi Effendi, its Guardian and for the Assembly and its members to carry out on behalf of themselves and their successors the sacred Trust and religious standard established by Baha'u'llah for Baha'i administrative bodies in the words: "Be ye Trustees of the Merciful One among men" and to seek the help of God and His guidance in order to fulfil that exhortation. Powers of the Assembly The Assembly shall have power- (a) to acquire, take on lease, purchase, hold and enjoy property, movable or immovable, and sell, let or otherwise dispose of or deal with such property; (b) to enter into any contract; (c) to apply for and receive sponsorships, receive gifts, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust; (d) to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages or tenements, mortgages, debentures, stocks, shares, securities, goods or chattels vested in the Assembly on such terms as the Assembly may deem fit; and (e) generally to do all such other things as may appear to be incidental or conducive to the furtherance of its objects. Assembly to exercise powers in accordance with the constitution (1) The Assembly shall be subject to the control of the constitution and shall exercise its powers in accordance with such constitution. (2) The constitution of the Assembly may be amended at any time and from time to time in accordance with its provisions for the time being in force. (3) Any amendment of the constitution shall be effective upon- (a) a copy thereof, certified by the Secretary of the Assembly or a member thereof acting as Secretary, being lodged with the Registrar of Companies; and (b) such amendment being published in the Gazette. Execution of documents All documents requiring the seal of the Assembly shall be sealed with its common seal in the presence of two members of the Assembly and shall be signed by such two members and the Secretary for the time being, and such signing shall be prima facie evidence that the said seal was duly affixed and that the same is the lawful seal of the Assembly. Vesting of properties, etc. (1) On and from the commencement of this Ordinance- (a) all those pieces or parcels of land specified in the Second Schedule which immediately prior to the commencement of this Ordinance were vested in the company together with all rights, easements and appurtenances thereto shall vest in the Assembly for the unexpired residues of the respective terms of years created by the Crown Leases or Conditions of Grant specified opposite each such piece or parcel, subject to the payment of the rent and performance and observance of the covenants and conditions reserved by and contained in the said Crown Leases and Conditions of Grant, and subject to such leases, tenancies, easements and other rights as may be subsisting in relation to the premises upon the commencement of this Ordinance; (b) all moneys and liquidated and unliquidated claims that, immediately before that commencement, were payable to or recoverable by the company shall be moneys and liquidated and unliquidated claims payable to or recoverable by the Assembly; (c) all proceedings commenced before that commencement by the company and pending immediately before that commencement shall be deemed to be proceedings pending by the Assembly and all proceedings so commenced by any person against the company and pending immediately before the commencement shall be deemed to be proceedings pending by that person against the Assembly; (d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, the company and in force immediately before that commencement shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Assembly; (e) the Assembly may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this section and for the prosecution of actions and proceedings so referred to as the company might have done but for this Ordinance; (f) the Assembly may enforce and realize any security or charge existing immediately before that commencement in favour of the company and may exercise any powers thereby conferred on the company as if the security or charge were a security or charge in favour of the Assembly; and (g) all debts, money and claims, liquidated and unliquidated, that, immediately before the commencement, were due or payable by, or recoverable against, the company shall be debts due by, money payable by and claims recoverable against, the Assembly. (2) No stamp duty shall be payable in respect of any vesting under this section of movable or immovable property. Saving of employees of the company Any person who was, immediately before the commencement of this Ordinance, an employee of the company shall, on and from that commencement, be an employee of the Assembly on the same terms and conditions as he was an employee of the company immediately before that commencement. References in documents to the company (1) On and from the commencement of this Ordinance, a reference in any document to the company or an employee of the company shall be a reference to- (a) in the case of the company, the Assembly; and (b) in the case of an employee of the company, an employee of the Assembly. (2) For the purposes of this section "document" (文件) does not include any document which relates to the incorporation of the company. Dissolution of the company (1) On the commencement of this Ordinance, the company shall, notwithstanding any provisions to the contrary in its constitution governing the winding up or dissolution of the company and notwithstanding the provisions of any other Ordinance, be deemed to be dissolved under section 291A(1) of the Companies Ordinance (Cap 32) as if, on that commencement, the High Court had made an order under that section that the company be struck off the register and dissolved and, accordingly, the Registrar of Companies shall, on that commencement, or so soon thereafter as is possible, strike the company off the register. (2) For the avoidance of doubt, it is hereby declared that- (a) section 291A (2) of the Companies Ordinance (Cap 32) shall not apply; and (b) section 291B of the Companies Ordinance (Cap 32) shall apply, to the company. Service of documents on the Assembly The Assembly shall at all times have a fixed address for service of documents on the Assembly and notice of such address or any change thereof shall be forwarded to the Registrar of Companies. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors or the rights of any body politic or corporate or of any other persons except such as are mentioned or referred to in this Ordinance and those claiming by, through, from or under them. CONSTITUTION [sections 2 & 6] 1. Interpretation In this constitution, unless the context otherwise requires- "Assembly" (總會) means the Spiritual Assembly for the time being elected by the members of the Baha'i community of Hong Kong in accordance with the constitution; "authorized area" (獲授權地區) means a locality the boundaries of which have been or from time to time may be defined or redefined by the Assembly; "local spiritual assembly" (分區區會) means the assembly elected by voting members in any authorized area by the Baha'is resident therein and recognized by the Assembly; "recognized" (認可) means- (a) in relation to a person, recognized by the Assembly as a member in good standing of the Baha'i Faith by virtue of possessing the qualifications set out in paragraph 3; (b) in relation to a local spiritual assembly, recognized by the Assembly as duly and validly elected by voting members from within its authorized area; "Trust" (信託) means the exhortation of Baha'u'llah that the elected members of the Assembly shall strive to achieve the exalted religious standard established by Baha'u'llah: "Be ye Trustees of the Merciful One among men"; "voting member" (有表決權成員) means any person of the age of 21 or over recognized by either the Assembly or a local spiritual assembly, including citizens of foreign countries whose transfers to the Baha'i community of Hong Kong have been recognized by the Assembly. 2. Powers of Assembly The Assembly, in the fulfilment of its sacred duties under this Trust, shall have exclusive jurisdiction and authority over all the activities and affairs of the Baha'i Faith throughout Hong Kong, including paramount authority in the administration of this Trust. It shall endeavour to stimulate, unify and co-ordinate the manifold activities of the local spiritual assemblies and of individual Baha'is in Hong Kong and by all possible means assist them to promote the oneness of mankind. It shall be charged with determining whether local spiritual assemblies shall be recognized, the scrutiny of all membership rolls, the calling of the Annual Meeting or special meetings and the seating of delegates to the Annual Meeting and their apportionment among the various electoral districts. It shall appoint all regional Baha'i committees and shall supervise the publication and distribution of Baha'i literature, the reviewing of all writings pertaining to the Baha'i Faith, the construction and administration of the Mashriqu'l-Adhkar and its accessory activities, and the collection and disbursement of all funds for the carrying on of this Trust. It shall decide whether any matter lies within its own jurisdiction or within the jurisdiction of any local spiritual assembly. It shall, in such cases as it considers suitable and necessary, entertain appeals from the decisions of local spiritual assemblies and shall have the right of final decision in all cases where the qualification of an individual or group for continued voting rights and membership in the Baha'i Faith, community or institution is in question. It shall furthermore represent the Baha'is of Hong Kong in all their co-operative and spiritual activities with the Baha'is of other lands, and shall constitute the sole electoral body of Hong Kong in the election of the Universal House of Justice provided for in the Sacred Writings of the Baha'i Faith. Above all, the Assembly shall ever seek to attain that station of unity in devotion to the Revelation of Baha'u'llah which will attract the confirmations of the Holy Spirit and enable the Assembly to serve the founding of the Most Great Peace. In all its deliberations and action the Assembly shall have constantly before it as Divine guide and standard the utterance of Baha'u'llah- "It behooveth them (i.e., members of spiritual assemblies) to be the trusted ones of the Merciful among men and to regard themselves as the guardians appointed of God for all that dwell on earth. It is incumbent upon them to take counsel together and to have regard for the interests of the servants of God, for His sake, even as they regard their own interests, and to choose that which is meet and seemly." 3. Baha'i membership The Baha'is of Hong Kong, for whose benefit this Trust is established, shall consist of all persons of the age of 15 years or over resident in Hong Kong who are accepted by the Assembly as possessing the qualifications of Baha'i faith and practice required under following standard set forth by the Guardian of the Baha'i Faith- "Full recognition of the station of the Bab, the Forerunner, Baha'u'llah, the Author and of 'Abdu,l-Baha, the True Exemplar of the Baha'i religion; unreserved acceptance of, and submission to, whatsoever has been revealed by their Pen; loyal and steadfast adherence to every clause of 'Abdu'l-Baha's sacred Will; and close association with the spirit as well as the form of Baha'i administration throughout the world." Those residing in the area of jurisdiction of any local spiritual assembly recognized by the Assembly may declare their faith to, and be enrolled by, the local spiritual assembly; those living outside any such area of local Baha'i jurisdiction shall be enrolled in such manner as shall be prescribed by the Assembly. 4. Composition of the Assembly The Assembly shall consist of nine members chosen from among the voting members of the Baha'i community of Hong Kong, who shall be elected by the voting members in the manner hereinafter provided, and who shall hold office for the term of one year, or until their successors are elected. 5. Officers of the Assembly The officers of the Assembly shall consist of a Chairman, Vice-Chairman, Secretary and Treasurer and such other officers as may be found necessary for the proper conduct of its affairs. The officers shall be elected by a majority vote of the entire membership of the Assembly taken by secret ballot. 6. Meetings and transaction of business by circulation of papers The first meeting of a newly-elected Assembly shall be called by the member elected to membership by the highest number of votes or, in case two or more members have received the same highest number of votes, then by the member selected by lot from among of those members; and this member shall preside until the permanent Chairman shall be chosen. All subsequent meetings shall be called by the Secretary of the Assembly at the request of the Chairman or, in his absence or incapacity, of the Vice-Chairman, or of any three members of the Assembly; provided, however, that the Annual Meeting of the Assembly shall be held at a time and place to be fixed by a majority vote of the Assembly, as hereinafter provided. The Assembly may transact any of its business by circulation of papers amongst members (whether any such member is inside or outside Hong Kong), and a resolution in writing which is approved in writing by not less than five members of the Assembly shall be as valid and effectual as if it had been passed by a meeting of the Assembly. 7. Quorum Five members of the Assembly present at a meeting shall constitute a quorum, and a majority vote of those present and constituting a quorum shall be sufficient for the conduct of business, except as otherwise provided in this constitution, and with due regard to the principle of unity and cordial fellowship involved in the institution of a Baha'i spiritual assembly. The decisions and transactions of the Assembly shall be recorded at each meeting by the Secretary, who shall supply copies of the minutes to the Assembly members after each meeting, and preserve the minutes in the official records of the Assembly. 8. Local spiritual assemblies (1) Whenever in any authorized area, the number of voting members exceeds nine, they shall on 21st April of any year convene and elect by plurality vote a local administrative body of nine members, to be known as the Spiritual Assembly of the Baha'is of that community. Every such local spiritual assembly shall be elected annually thereafter upon each successive 21st April. The members shall hold office for the term of one year or until their successors are elected and qualified. When, however, the number of Baha'is in any such authorized area is exactly nine, they shall on April 21st of any year, or in successive years, constitute themselves the local spiritual assembly by joint declaration. Upon the recognition of such declaration by the Secretary of the Assembly the said body of nine shall become established with the rights, privileges and duties of a local spiritual assembly. (2) Each newly-elected local spiritual assembly shall at once proceed in the manner indicated in paragraphs 5 and 6 to the election of its officers, who shall consist of a Chairman, Vice-Chairman, Secretary and Treasurer, and such other officers as the Assembly finds necessary for the conduct of its business and the fulfilment of its spiritual duties. Immediately thereafter the Secretary chosen shall transmit to the Secretary of the Assembly the names of the members of the newly-elected local spiritual assembly and a list of its officers. (3) The general powers and duties of a local spiritual assembly shall be as set forth in the writing of Baha'u'llah, 'Abdu'l-Baha and Shoghi Effendi. (4) Among its more specific duties, a local spiritual assembly shall have jurisdiction of all Baha'i activities and affairs within the local community, subject, however, to the exclusive and paramount authority of the Assembly as defined herein. (5) Vacancies in the membership of a local spiritual assembly shall be filled by election at a special meeting of the voting members then living within that authorized area duly called for that purpose by the Assembly. In the event that the number of vacancies exceeds four, making a quorum of the local spiritual assembly impossible, the election shall be held under the supervision of the Assembly. (6) The business of the local spiritual assembly shall be conducted in like manner as provided for the deliberations of the Assembly in paragraph 6. (7) The local spiritual assembly shall pass upon and approve the qualifications of each member of the Baha'i community before such member shall be admitted as a voting member or thereafter removed as a voting member; but where an individual is dissatisfied with the ruling of the local spiritual assembly upon his status as a voting member, such individual may appeal from the ruling to the Assembly, which shall thereupon take jurisdiction of and finally decide the case. (8) On or before the 1st November of each year the Secretary of each local spiritual assembly shall send to the Secretary of the Assembly a duly certified list of the voting members of the local Baha'i community for the information and approval of the Assembly. (9) All matters arising within a local Baha'i community which are of purely local interest and do not affect the interest of the Baha'i Faith in the area of Hong Kong as a whole shall be under the primary jurisdiction of the local spiritual assembly of that authorized area; but the decision whether a particular matter involves the interest and welfare of the entire Baha'i community of Hong Kong or other Baha'i communities shall rest with the Assembly. (10) Any member of a local Baha'i community may appeal from a decision of his local spiritual assembly to the Assembly, which shall determine whether it shall take jurisdiction of the matter or leave it to the local spiritual assembly for reconsideration. In the event that the Assembly assumes jurisdiction of the matter, its findings shall be final. (11) Where any dissension exists within a local Baha'i community of such character that it cannot be remedied by the efforts of the local spiritual assembly, this condition shall be referred by the local spiritual assembly for consideration to the Assembly, whose action in the matter shall be final. (12) All questions arising between two or more local spiritual assemblies, or between members of different Baha'i communities, shall be submitted to the Assembly, which shall have original and final jurisdiction in all such matters. (13) The sphere of jurisdiction of a local spiritual assembly, with respect to residential qualification of membership, and voting rights of a believer in any Baha'i community, shall be the locality included within the authorized area. (14) All differences of opinion concerning the sphere of jurisdiction of any local spiritual assembly or concerning the affiliation of any Baha'i or group of Baha'i is in Hong Kong shall be referred to the Assembly, whose decision in the matter shall be final. 9. Annual Convention (1) The members of the Assembly shall be elected at an annual meeting to be known as the Annual Convention of the Baha'is of Hong Kong. This Convention shall be held at a time and place to be fixed by the Assembly. The Annual Convention shall be composed jointly of representatives chosen by the Baha'is of each authorized area, under the principle of proportionate representation, and the members of the Assembly. (2) Notice of the Annual Convention shall be given by the Assembly sixty days in advance in the Annual Convention Call which sets forth the number of delegates assigned to the various authorized areas in proportion to the number of Baha'is resident in each sucharea, up to a total number of at least 38 delegates for the Baha'is of Hong Kong or such larger number of delegates as the Assembly shall from time to time establish. (3) All delegates to the Annual Convention shall be elected by plurality vote by the voting members resident in the authorized area at times and places set by the Assembly. Baha'is who for illness or other unavoidable reasons are unable to be present at the election in person shall have the right to transmit their ballots to the meeting by mail. The meeting held in each authorized area for the election of delegates shall be called by the Assembly and conducted by the Baha'is present under whatever procedure may be uniformly laid down by said body. Immediately after the meeting a certified report of the election containing the name and address of each delegate shall be transmitted to the Assembly. (4) All delegates to be seated at the Annual Convention must be recognized Baha'is, voting members and residents of the authorized area represented by them. (5) The rights and privileges of a delegate may not be assigned nor may they be exercised by proxy. (6) The recognition and seating of delegates to the Annual Convention shall be vested in the Assembly. (7) Delegates unable to be present in person at the Annual Convention shall have the right to transmit their ballots for election of the members of the Assembly under whatever procedure is adopted by the Assembly. (8) If in any year the Assembly shall consider that it is impracticable or unwise to assemble together the delegates to the Annual Convention, the Assembly shall provide ways and means by which the annual election and the other essential business of the Annual Convention may be conducted by mail. (9) The presiding officer of the Assembly present at the Annual Convention shall call together the delegates, who after roll call shall proceed to the permanent organization of the meeting, electing by ballot a Chairman, a Secretary and such other officers as are necessary for the proper conduct of the business of the Annual Convention. (10) The principal business of the Annual Convention shall be consultation on Baha'i activities, plans and policies, and the election of the nine members of the Assembly. Members of the Assembly, whether or not elected delegates, may take a full part in the consultation and discussion but only delegates may participate in the election of Annual Convention officers or in the annual election of the members of the Assembly. All action by the delegates, other than the organization of the Annual Convention and the election of the Assembly, shall constitute advice and recommendation for consideration by the Assembly, final decision on all matters concerning the affairs of the Baha'i Faith in Hong Kong being vested solely in that body. (11) The general order of business to be taken up at the Annual Convention shall be prepared by the Assembly in the form of an agenda, but any matter pertaining to the Baha'i Faith introduced by any of the delegates may upon motion and vote be taken up as part of the Convention deliberations. (12) The election of the members of the Assembly shall be by plurality vote of the delegates recognized by the outgoing Assembly, i.e., the members elected shall be the nine persons receiving the greatest number of votes on the first ballot cast by delegates presentat the Annual Convention and delegates whose ballots have been transmitted to the Secretary of the Assembly by mail. In case, by reason of a tie vote or votes, the full membership is not determined on the first ballot, then one or more additional ballots shall be taken on the persons tied until all nine members are elected. (13) All business transacted at the Annual Convention shall be recorded and preserved in the records of the Assembly. (14) Vacancies in the membership of the Assembly shall be filled by a plurality vote of the delegates composing the Annual Convention which elected the Assembly, the ballot to be taken by correspondence or in any other manner decided upon by the Assembly. 10. Power to vest in the Assembly Whatever functions and powers are not specifically attributed to local spiritual assemblies in this constitution shall be considered vested in the Assembly, which body is authorized to delegate such discretionary functions and powers as it deems necessary and advisable to the local spiritual assemblies within its jurisdiction. 11. Method of selection of candidates In order to preserve the spiritual character and purpose of Baha'i elections, the practice of nominations or any other electoral method detrimental to a silent and prayerful election shall not prevail, so that each elector may vote for none but those whom prayer andreflection have inspired him to uphold. 12. Duties of members of assemblies Among the most outstanding and sacred duties incumbent upon those who have been called upon to initiate, direct and co-ordinate the affairs of the Baha'i Faith as members of local, regional or national spiritual assemblies are to win by every means in their power the confidence and affection of those whom it is their privilege to serve; to investigate and acquaint themselves with the considered views, the prevailing sentiments and the personal convictions of those whose welfare it is their solemn obligation to promote; to purge their deliberations and the general conduct of their affairs of self-contained aloofness, the suspicion of secrecy, the stifling atmosphere of dictatorial assertiveness and of every word and deed that may savour of partiality, self-centredness and prejudice; and while retaining the sacred right of final decision in their hands, to invite discussion, ventilate grievances, welcome advice, and foster the sense of inter-dependence and co-partnership, of understanding and mutual confidence between themselves and all other Baha'is. 13. Amendment of the constitution This constitution may be amended by majority vote of the Assembly at any of its regular or special meetings, provided that at least fourteen days prior to the date fixed for the said meeting a copy of the proposed amendment or amendments is mailed to each member of the Assembly by the Secretary. PROPERTIES VESTED [section 8] Item Description Held Under 1. 1/720th equal and undivided share of and in Kowloon Inland Lot No. 8219 and the Extension thereto Conditions of Re-Grant No. 7135 and Conditions of Extension No. 8555 2. Lot 1703 in Lamma Demarcation District 3 New Grant No. 4466 3. 40/960th equal undivided shares of and in the Remaining Portion of Section P of Inland Lot No. 1149 and the Remaining Portion of Inland Lot No. 1149 Crown Lease dated 23rd July 1902 Long title To provide for the vesting in The Daiwa Bank, Limited of the Hong Kong undertaking of Rainier International Bank; and for other related purposes. [8 July 1988] Preamble WHEREAS- (1) Rainier International Bank (hereinafter called "Rainier") is an Edge Act corporation organized under the laws of the United States of America having its home office at Los Angeles; (2) The Daiwa Bank, Limited (hereinafter called "Daiwa") is a company organized under the laws of Japan having its registered office at Osaka; (3) Rainier is a bank licensed under the Banking Ordinance (Cap 155) and carries on the business of banking in the United States of America and Hong Kong; (4) Daiwa is a bank licensed under the Banking Ordinance (Cap 155) and carries on the business of banking in Japan, Hong Kong and elsewhere; (5) on 27 April 1988 a conditional sale and purchase agreement was entered into between Rainier and Daiwa which includes provision for the acquisition by Daiwa of the Hong Kong undertaking of Rainier; and (6) in view of the extent of the contractual and other legal relationships affecting the conduct of the Hong Kong undertaking of Rainier, it is a condition of completion of such sale and purchase agreement that this Ordinance is enacted: Short title Evidence of vesting Interests in land Saving for enactments concerning banking institutions Saving for companies Saving This Ordinance may be cited as the Rainier International Bank (Transfer of Hong Kong Undertaking) Ordinance. Notice of appointed day* Rainier and Daiwa shall give joint notice in the Gazette of the day expected to be the appointed day save that, in the event that such day proves not to be the appointed day for any reason, Rainier and Daiwa shall give joint notice in the Gazette to that effect and shall again give joint notice in the Gazette of the next day expected to be the appointed day or, as the case may be, of the day which was the appointed day. Recognition of vesting of Rainier's Hong Kong undertaking in Daiwa On the appointed day the Hong Kong undertaking shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Daiwa to the intent that Daiwa shall succeed to the Hong Kong undertaking. Trust property and wills (1) Any property deemed to be vested in Daiwa by virtue of this Ordinance which immediately before the appointed day was held by Rainier, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Daiwa alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property deemed to be vested in Daiwa by virtue of this Ordinance became vested in Rainier in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereon, and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, Rainier of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Rainier there were substituted a reference to Daiwa. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Supplementary provisions Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to the Hong Kong undertaking with respect to matters within Hong Kong or subject to the laws of Hong Kong- (a) Every contract to which Rainier is a party (whether in writing or not) shall have effect on and from the appointed day as if- (i) Daiwa had been a party thereto instead of Rainier; (ii) for any reference (however worded and whether express or implied) to Rainier there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Daiwa; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Rainier were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Daiwa or, as the case may require, to such director, officer or employee of Daiwa as Daiwa may appoint for that purpose or, in default of appointment, to the director, officer or employee of Daiwa who corresponds as nearly as may be to the first-mentioned director, officer or employee: Provided that paragraph (a) shall not apply to the Agreement or any agreement expressed to be made pursuant or supplemental thereto. (b) Sub-paragraph (a)(ii) shall apply to any statutory provision, to any provision of any existing contract to which Rainier was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies: Provided that such sub-paragraph shall not apply to any existing authorization or exemption under any enactment regulating the carrying on of the business of Rainier. (c) Any account between Rainier and a customer shall, on the appointed day, become an account between Daiwa and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account: Provided that nothing in this Ordinance shall affect any right of Daiwa or of the customer to vary the conditions or incidents subject to which any account is kept. (d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent given to Rainier (whether in writing or not and whether or not in relation to an account) shall have effect, on and from the appointed day, as if given to Daiwa. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, Rainier, or payable at any place of business of Rainier, whether so drawn, given, accepted or endorsed before, or on the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Daiwa, or were payable at the same place of business of Daiwa. (f) The custody of any document or record, goods or other thing held by Rainier as bailee shall pass to Daiwa on the appointed day, and the rights and obligations of Rainier under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Daiwa. (g) (i) Any security held immediately before the appointed day by Rainier, or by a nominee or agent of or trustee for Rainier, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Daiwa, and be available to Daiwa (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security vested in Daiwa in accordance with the provisions of this Ordinance and any liabilities thereby secured, Daiwa shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Rainier would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of sub-paragraph (ii), in any case where any existing liability subsists between Rainier and Daiwa in respect of which Rainier or Daiwa, or a nominee or agent of or trustee for Rainier or Daiwa holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting in Daiwa of the Hong Kong undertaking; (iv) any security referred to in sub-paragraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Daiwa (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and future liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, Rainier or, as the case may be, Daiwa were secured thereby immediately before that day. (h) Where by virtue of this Ordinance any right or liability of Rainier is deemed to become a right or liability of Daiwa, Daiwa and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Daiwa; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Rainier may be continued by or against Daiwa. (i) Any judgment or award obtained by or against Rainier and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against Rainier, become enforceable by or against Daiwa. Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by Rainier; and employment with Rainier and Daiwa under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of Rainier shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Daiwa. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Rainier shall be admissible in evidence in respect of the same matter for or against Daiwa. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Rainier deemed to be vested in Daiwa by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Daiwa. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Daiwa by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Daiwa at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of any property and liabilities of Rainier in Daiwa in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the appointed day, whereby Daiwa or Rainier, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by Rainier immediately before the appointed day and forming part of the Hong Kong undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Rainier in that property is deemed to be vested in Daiwa under this Ordinance; (b) where there is any other transaction or purported transaction by Daiwa or Rainier on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Rainier immediately before that day and forming part of the Hong Kong undertaking, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Daiwa has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (c) a joint certificate given by or on behalf of Rainier and Daiwa at any time that any property or liability specified in the certificate (which property or liability immediately before the appointed day is the property or liability of Rainier) is or, as the case may be,is not, deemed to be vested in Daiwa under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) in this section "convey" (轉易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. Interests in land The deemed vesting in Daiwa of an interest in land by virtue of this Ordinance shall not- (a) constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Daiwa or Rainier or any other subsidiary of Daiwa or Rainier from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of Daiwa to alter its articles and memorandum of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of Rainier to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving (a) Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (b) Nothing in this Ordinance shall affect the liability of Rainier and Daiwa to the other of them pursuant to the Agreement. Long title To establish The Open University of Hong Kong as a body corporate for the provision of opportunities for higher education by means of open learning, and to provide for related matters. [20 June 1989] L.N. 178 of 1989 Short title Meetings and procedures of the Council Appointment of President and Deputy President Power of the Council to delegate to the President Power of the President to delegate The Senate of the University Schools, etc. Accounts Auditors Statements and reports Unauthorized use of title of the University Power of the Council to make statutes Admissibility of documents PART I PRELIMINARY This Ordinance may be cited as The Open University of Hong Kong Ordinance. Establishment and object of the University PART II THE OPEN UNIVERSITY OF HONG KONG (1) The institute known as The Open Learning Institute of Hong Kong immediately before the commencement of section 6 of The Open Learning Institute of Hong Kong (Amendment) Ordinance 1997 (50 of 1997) shall, on and after that commencement, be established and known as The Open University of Hong Kong. (2) The object of the University is to provide opportunities for higher education by means of open learning and in support thereof to advance learning, knowledge and research, and thus to enhance economic and social development. (3) Notwithstanding the repeal of section 3(1) of The Open Learning Institute of Hong Kong Ordinance, the body corporate established under this section immediately before the commencement referred to in subsection (1) continues in existence on and after that commencement as the University and, accordingly, the rights, obligations or liabilities of that body corporate shall not be affected in any way by the change of name effected by that subsection. Powers of the University The University may, in furtherance of its object- (Amended 50 of 1997 s. 7) (a) plan degree and other academic award programmes, either on its own or in conjunction with other institutions of higher education; (b) either on its own or in conjunction with any other person, produce, develop, acquire and provide courses of study using a variety of instructional means; (c) admit to courses of study suitable persons, regardless of their previous academic attainments; (d) confer and revoke degrees and other academic awards including honorary degrees and honorary awards; (e) provide, whether for profit or otherwise, advisory, consultancy, research and other related services; (f) take on lease, purchase or otherwise acquire, and hold, manage and enjoy property of any description, and sell, let or otherwise dispose of the same; (g) appoint such persons to be employees, advisers, consultants or Vice Presidents of the University as it thinks fit, either on a full or part time basis, and decide the terms of remuneration and conditions of service of such persons; (Amended 50 of 1997 s. 7) (h) provide for its students and employees appropriate amenities; (i) invest its funds in such manner and to such extent as it thinks fit; (j) borrow money in such manner and on such security or terms as may be expedient; (k) apply for and receive any grant in aid on such terms as may be expedient; (l) solicit and receive gifts, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust; (m) fix fees and charges for courses of study, facilities and other services provided by it and specify conditions for the use of such facilities and services; (n) reduce, waive or refund such fees or charges either generally or in any particular case or class of cases; (o) pay the reasonable travelling and accommodation expenses of any member of the Council, of the Senate or of any committee incurred in connection with his duties as such member; (Amended 50 of 1997 s. 7) (p) agree with other institutions and persons suitable terms for the provision of equipment, facilities or academic materials used in courses of study provided by the University; (Amended 50 of 1997 s. 7) (q) enter into partnership or any other form of joint venture with any person; (r) acquire, hold and dispose of interests in other bodies corporate and form or take part in forming bodies corporate; (s) print, sell, reproduce or publish or arrange for the printing, sale, reproduction or publication of any manuscript, book, play, music, poster, advertisement or other material, including video and audio material and computer software; (t) do such other things as are provided for by this Ordinance or as are necessary for, or incidental or conducive to, the furtherance of the object of the University; (Amended 50 of 1997 s. 7) (u) enter into any contract; (Added 50 of 1997 s. 7) (v) erect, provide, equip, maintain, keep in repair and regulate the buildings, premises, furniture and equipment and all other means necessary for carrying on the work of the University. (Added 50 of 1997 s. 7) Common seal of University The common seal of the University shall be affixed pursuant to a resolution of the Council and the affixing of the seal shall be authenticated by the signature of any 2 members of the Council authorized by the Council either generally or specifically to act for that purpose. The Chancellor and Pro-Chancellor The Court PART III THE CHANCELLOR, THE COURT AND THE COUNCIL (1) There shall be a Chancellor of the University who shall be the head of the University. (2) The Governor or a person designated by him shall be the Chancellor of the University. (3) The Chancellor of the University may confer degrees and other academic awards in the name of the University and in his absence, the Chairman or any other member of the Council nominated by resolution of the Council may confer such degrees and awards in the name of the University. (4) The Chancellor may, on the recommendation of the Council, appoint a person to be the Pro-Chancellor of the University for such term as the Chancellor may specify. (5) The Pro-Chancellor may, on the authority of the Chancellor, exercise any of the powers or perform any of the duties of the Chancellor under this Ordinance. (6) The Pro-Chancellor may resign by giving notice in writing to the Chancellor. (7) In the absence of the Pro-Chancellor, the Chancellor may appoint a person to act as the Pro-Chancellor and the person so appointed may exercise all or any of the powers, and perform all or any of the duties of the Pro-Chancellor as the Chancellor may determine in the appointment. The Court (1) There shall be a Court of the University which shall be the supreme advisory body of the University. (2) The Court shall consist of the Chancellor as the chairman and such other persons as the statutes made under section 18 may specify. (3) The Court has the following functions- (a) to receive an annual report from the President; (b) to consider reports made to it by the Council; (c) to discuss any motion on general University policy and advise thereon; (d) to raise funds, including donations, subscriptions and bequests, at the request of the University to further the University's object; (e) to advise on the promotion of the interests of the University in Hong Kong and elsewhere. The Council and its functions There shall be a Council of the University which, subject to this Ordinance- (a) shall be the supreme governing body of the University; (b) shall have general control over the administration of the University and the conduct of its affairs; and (c) on behalf of the University, may exercise any of the powers conferred and shall perform all of the duties imposed by law on the University. Committees of the Council (1) The Council may, in furtherance of its object, establish, and appoint the members of, such committees as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The chairman of every committee shall be appointed by the Council from among the members of the Council. (3) The Council may in writing, with such restrictions or conditions as it thinks fit, delegate to a committee any of its functions, including the appointment of an acting President or acting Deputy President under section 11, except- (a) its functions under section 7(a) and (b); (b) the appointment or dismissal of the President or Deputy President; (c) decisions on terms of remuneration and conditions of service for employees of the University; (d) the duty to cause financial statements to be prepared as required by section 14(2); (e) approval of the report required to be submitted to the Chancellor under section 16(1); (f) the making of statutes under section 18; (g) the power to establish committees under this section or to appoint members to such committees; (h) any function delegated to the President under section 12. (4) Unless statutes made under section 18 otherwise provide, sections 48 to 52 of the Interpretation and General Clauses Ordinance (Cap 1) shall apply to every committee and to the appointment of members to any committee. (5) Subject to this section and to any statutes made under section 18, a committee established under this section may regulate its own procedure. Meetings and procedures of the Council (1) The Schedule shall have effect with respect to the meetings and procedures of the Council. (2) Subject to this Ordinance, the Council may regulate, its own procedure. Appointment of President and Deputy President PART IV PRESIDENT AND DEPUTY PRESIDENT (1) The Council shall appoint a President of the University, and may appoint a Deputy President of the University, on such terms of remuneration and conditions of service as it may decide. (2) The President shall, subject to any statutes made under section 18 and to any directions of the Council, be responsible for the management and administration of the University and for the discipline of students and employees thereof. (3) The Deputy President, if any, appointed under subsection (1) shall perform such duties as the President may specify and shall during the incapacity or absence from Hong Kong of the President, or if the office of President is temporarily vacant, perform the functions of the President. (4) During any period when the Deputy President is performing the functions of the President, or during the incapacity or absence from Hong Kong of the Deputy President, the Council may appoint any person to act as Deputy President. (5) If no Deputy President is appointed under subsection (1) then, during the incapacity or absence from Hong Kong of the President, or if the office of President is temporarily vacant, the Council may appoint any person to act as President. (6) The appointment or dismissal of the President or Deputy President shall be effected by a resolution passed by not less than two-thirds of the members of the Council who are competent to vote on the matter. (7) A member of the Council appointed under section 8(1)(g), (h), (i) or (j) shall not participate in any deliberation or vote on the appointment or dismissal of the President or Deputy President. (8) The President or Deputy President may be dismissed from office only on the ground of misconduct, incompetence, inefficiency or for other good cause. Power of the Council to delegate to the President Power of the President to delegate The Council may in writing, with such restrictions or conditions as it thinks fit, delegate to the President any of its functions which under section 9(3) it may delegate to a committee, except the appointment of an acting President or acting Deputy President. Power of the President to delegate (1) Subject to subsection (2), the President may in writing, with such restrictions or conditions as he thinks fit, delegate to such person or committee of persons as he thinks fit his powers and duties, including any function of the Council delegated to him under section 12. (2) The power conferred by this section on the President to delegate any power or duty of the Council delegated to him under section 12, and the exercise or performance by any person or committee of persons of any such power or duty shall be subject to any restriction or condition imposed in respect thereof by the Council under that section. The Senate of the University Schools, etc. PART V SENATE AND SCHOOLS (1) There is established a Senate, which is the supreme academic body of the University to- (a) plan, develop and maintain the academic programmes of the University; (b) direct and regulate the teaching and research of the University; (c) regulate the admission of persons to courses of study provided by the University and their continuance thereon; (d) regulate the conduct of assessments and examinations leading to degrees and other academic awards of the University; (e) regulate the requirements for the award of degrees and other academic awards of the University other than honorary degrees and other honorary awards. (Replaced 50 of 1997 s. 19) (2) The members of the Senate shall be appointed in accordance with statutes made under section 18. (Amended 50 of 1997 s. 19) (3) Unless statutes made under section 18 otherwise provide, sections 48 to 52 of the Interpretation and General Clauses Ordinance (Cap 1) shall apply to the Senate. (Amended 50 of 1997 s. 19) (4) Subject to this section and to any statutes made under section 18, the Senate may regulate its own procedure. (Amended 50 of 1997 s. 19) (5) (Repealed 50 of 1997 s. 19) Schools, etc. (1) The Council on the recommendation of the Senate may establish schools and other equivalent bodies. (2) A school shall be administered by a board of the school. (3) The Council may make statutes under section 18 to determine the membership of the board of each school. Accounts PART VI ACCOUNTS AND REPORTS (1) The Council shall keep proper accounts and records of the financial transactions of the University. (2) As soon as is practicable after the end of each financial year, the Council shall cause to be prepared statements of the income and expenditure of the University during that financial year and of the assets and liabilities of the University on the last day of that financial year. (3) The Council may from time to time fix a period of 12 months to be the financial year of the University. Auditors (1) The Council shall appoint auditors, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the University and to require such explanations thereof and such other information as they think fit. (Amended 50 of 1997 s. 22) (2) The auditors shall, as soon as is practicable, audit the statements prepared under section 14(2) and shall report thereon to the Council in sufficient time for the Council to take the action required by section 16. Statements and reports (1) The Council shall, not later than 6 months after the end of each financial year or by such later date as the Chancellor may determine, submit to the Chancellor a report on the activities of the University and copies of the statements prepared under section 14(2) and of the report made under section 15(2). (Amended 50 of 1997 s. 23) (2) (Repealed 50 of 1997 s. 23) Power of the Council to make statutes The Council may make statutes for the administration of the University and for matters that this Ordinance provides for inclusion in a statute. Admissibility of documents (1) Any document purporting to be duly executed under the seal of the University or to be signed by the Chairman or President or some other person authorized by the Council to act in that behalf, shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed or signed. (2) A certificate signed by the Chairman or the President that an instrument of the Council purporting to be made or issued by or on behalf of the University was so made or issued shall be conclusive evidence of that fact. PROVISIONS WITH RESPECT TO MEETINGS AND PROCEDURES OF THE COUNCIL [section 10] 1. Meetings of the Council shall be held at such times and places as may be appointed by the person for the time being acting as Chairman, who shall preside at all such meetings. 2. The Deputy Chairman shall act as Chairman if the Chairman is absent from Hong Kong or is, for any other reason, unable to act as Chairman, or if the office is vacant. 3. If for any period both the Chairman and the Deputy Chairman are absent from Hong Kong or are, for any other reason, unable to act as Chairman, or if the offices of Chairman and Deputy Chairman are vacant, the members of the Council may appoint one of their number appointed under section 8(1)(f)(i) or (iii) to act as Chairman for that period. (Amended 50 of 1997 s. 27) 4. At any meeting of the Council one-half of the members for the time being shall constitute a quorum. 5. A meeting of the Council may be adjourned by the person presiding or, if the meeting so resolves, by a decision of the meeting. 6. At meetings of the Council on any matter on which a decision is taken by vote- (a) an affirmative vote of a majority of those members present and not disqualified from voting on the matter shall be required for the passing of a resolution; (b) the person presiding shall have a casting as well as a deliberative vote. 7. If the Council so decides in respect of a particular meeting, any member of the Council who is an employee, adviser, consultant or student of the University may be excluded from the whole or part of that meeting. The President of the Students' Union is construed as a student for the purposes of this paragraph. (Amended 50 of 1997 s. 27) 8. If a member present at a meeting of the Council has any pecuniary or other personal interest in any matter to be considered at that meeting he shall- (a) as soon as possible after the commencement of the meeting disclose the existence and nature of the interest; (b) if so required by the person presiding, withdraw from the meeting while the matter is being considered; and (c) not vote on that matter. 9. The Council may transact any of its business by circulation of papers, and for that purpose a resolution in writing which is approved in writing by a majority of the members for the time being shall be as valid and effectual as if it had been passed at a meeting of the Council. 10. The powers of the Council shall not be affected by- (a) any vacancy in its membership; (b) any defect in the appointment or qualification of a person purporting to be a member; or (c) any minor irregularity in the convening of any meeting of the Council. 11. The exercise of any power by the Council may be signified by the person presiding at the meeting or other deliberation at which such power was exercised, or by any person from time to time authorized by the Council to signify the exercise of such power 12. (Repealed 50 of 1997 s. 27) Long title To provide for the vesting in First Pacific Bank Limited of the undertaking of Far East Bank, Limited and for other related purposes. [15 December 1989] Preamble WHEREAS- (1) First Pacific Bank Limited (hereinafter called "First Pacific Bank") is a company incorporated under the laws of Hong Kong having its registered office in Hong Kong and, as a bank licensed under the Banking Ordinance (Cap 155), carries on the business of banking in Hong Kong and elsewhere; (2) Far East Bank, Limited (hereinafter called "Far East Bank") is a company incorporated under the laws of Hong Kong having its registered office in Hong Kong and, as a bank licensed under the Banking Ordinance (Cap 155), carries on the business of banking in Hong Kong; (3) First Pacific Bank is a wholly owned subsidiary of Far East Bank; (4) for the better conduct of the businesses of First Pacific Bank and Far East Bank, it is expedient that their respective undertakings be merged and that such merger should occur by means of a transfer of the undertaking of Far East Bank to First Pacific Bank; and (5) in view of the extent of the contractual and other legal relationships affecting the conduct of the undertaking of Far East Bank, it is expedient that the said undertaking be transferred to First Pacific Bank by this Ordinance. Short title Evidence: books and documents Part III of Evidence Ordinance (Cap 8) Evidence of vesting and transfer Interests in land Saving for enactments concerning banking institutions Saving for companies Saving This Ordinance may be cited as the First Pacific Bank Limited Ordinance. Interpretation (1) In this Ordinance, unless the subject or context otherwise requires- "appointed day" (指定日期) means such day as may be appointed pursuant to section 3; "customer" (客戶) means any person having a banking account or other dealing, transaction or arrangement with Far East Bank; "Far East Bank" (遠東銀行) means Far East Bank, Limited; "First Pacific Bank" (第一太平銀行) means First Pacific Bank Limited; "excluded property" (除外財產) means the common seal of Far East Bank, documents (other than accounting records) required to be kept by Far East Bank pursuant to the Companies Ordinance (Cap 32) and the issued shares in the capital of First Pacific Bank beneficially owned by Far East Bank; "existing" (現有) means existing, outstanding or in force immediately before the appointed day; "liabilities" (債務) includes duties and obligations of every description (whether present or future, actual or contingent); "property" (財產) means property and assets of every description and rights of every description (whether present or future, actual or contingent), and includes property held on trust and securities, benefits and powers of every description but does not include the excluded property; "security" (抵押) includes a mortgage or charge (whether legal or equitable and including any sub-mortgage), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, agreement or undertaking (whether in writing or not) or other means (in each case made, granted, arising or subsisting under any applicable law) of securing payment or discharge of a debt or liability (whether present or future, actual or contingent); "undertaking" (業務) means the business and all existing property, other than the excluded property, and liabilities, other than those relating to the excluded property, of Far East Bank of whatsoever nature; "will" (遺囑) includes a codicil and any other testamentary writing. (2) Any reference in this Ordinance to property or liabilities of Far East Bank is a reference to property or liabilities to which Far East Bank is for the time being entitled or subject (whether beneficially or in any fiduciary capacity), wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by Far East Bank, and whether Far East Bank is entitled to such property or subject to such liabilities under the law of Hong Kong or under the law of any country or territory outside Hong Kong. (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. Appointed day The directors of Far East Bank may appoint a day for the purposes of this Ordinance. Far East Bank and First Pacific Bank shall give joint notice in the Gazette stating the day so appointed save that, in the event that such day proves not to be the appointed day for any reason, Far East Bank and First Pacific Bank shall give joint notice in the Gazette to that effect and shall again give joint notice in the Gazette stating the next day so appointed or, as the case may be, the day which was the appointed day. Change of name, reduction of capital and revocation of banking licence (1) On the appointed day, by virtue of this Ordinance- (a) the name of Far East Bank shall, in accordance with this section, be changed to "FEB (1989) Limited"; (b) the share premium account of Far East Bank shall, in accordance with this section, be reduced to such amount as is equal to the value of the excluded property, as recorded in the books of account of Far East Bank, less the nominal amount of the issued share capital of Far East Bank as at the appointed day, and the credit arising in the books of account of Far East Bank as a result of such reduction of the share premium account shall be applied in creating a special non-distributable reserve which shall be transferred to First Pacific Bank pursuant to section 8(1)(b); and (c) the banking licence of Far East Bank shall, in accordance with this section, be revoked. (2) Not less than 3 days before the appointed day Far East Bank shall deliver to the Registrar of Companies a copy of this Ordinance together with a minute, signed by a director or the secretary of Far East Bank, showing with respect to the share capital of Far East Bank, as altered by this Ordinance, the amount retained in the share premium account. (3) The Registrar of Companies shall, pursuant to this Ordinance, register the copy of the Ordinance and the minute delivered to him pursuant to subsection (2) and on the appointed day- (a) shall enter the new name of Far East Bank in the register in place of its former name and issue to Far East Bank a certificate of incorporation on change of name stating Far East Bank's new name; and (b) certify under his hand the registration of the Ordinance and the minute, which certificate shall be conclusive evidence that the share premium account of Far East Bank is as stated in the minute. Vesting of the undertaking in First Pacific Bank (1) On the appointed day the undertaking shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, First Pacific Bank to the intent that First Pacific Bank shall succeed to the whole undertaking as if in all respects First Pacific Bank were the same person in law as Far East Bank. (2) Where the vesting of any property situate in any country or territory outside Hong Kong and forming part of the undertaking is governed otherwise than by the law of Hong Kong, Far East Bank shall, if First Pacific Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for securing the effective vesting thereof in First Pacific Bank and, pending such vesting, Far East Bank shall hold any such property in trust for First Pacific Bank. Trust property and wills (1) Any property deemed to be vested in First Pacific Bank by virtue of this Ordinance which immediately before the appointed day was held by Far East Bank, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by First Pacific Bank alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in Far East Bank in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, Far East Bank of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Far East Bank there were substituted a reference to First Pacific Bank. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect- (a) All existing contracts, agreements, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to Far East Bank (whether alone or with any other person and whether as principal or agent and whether in writing or not), other than those entered into, made, given to or by or addressed to Far East Bank in relation to the excluded property, shall be construed and have effect on and from the appointed day as if- (i) First Pacific Bank had been a party thereto instead of Far East Bank; (ii) for any reference (however worded and whether express or implied) to Far East Bank there were substituted, as respects anything falling to be done on or after the appointed day, a reference to First Pacific Bank; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Far East Bank were, as respects anything falling to be done on or after the appointed day, a reference to the directors of First Pacific Bank or, as the case may require, to such director, officer or employee of First Pacific Bank as First Pacific Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of First Pacific Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. (b) Paragraph (a)(ii) shall, subject to the provisions of section 14, apply to any statutory provision, to any provision of any existing contract to which Far East Bank was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between Far East Bank and a customer shall, on the appointed day, be transferred to First Pacific Bank and become an account between First Pacific Bank and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of First Pacific Bank or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to Far East Bank, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to First Pacific Bank or, as the case may be, to First Pacific Bank jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, Far East Bank, or payable at any place of business of Far East Bank, whether so drawn, given, accepted or endorsed before, or on the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by First Pacific Bank, or were payable at the same place of business of First Pacific Bank. (f) The custody of any document or record, goods or other thing held by Far East Bank as bailee shall pass to First Pacific Bank on the appointed day, and the rights and obligations of Far East Bank under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of First Pacific Bank. (g) (i) Any security held immediately before the appointed day by Far East Bank, or by a nominee or agent of or trustee for Far East Bank, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, First Pacific Bank, and be available to First Pacific Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security vested in First Pacific Bank in accordance with the provisions of this Ordinance and any liabilities thereby secured, First Pacific Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Far East Bank would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between Far East Bank and First Pacific Bank in respect of which Far East Bank or First Pacific Bank, or a nominee or agent of or trustee for Far East Bank or First Pacific Bank holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in First Pacific Bank; (iv) any security referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to First Pacific Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, Far East Bank or, as the case may be, First Pacific Bank were secured thereby immediately before that day. (h) Where by virtue of this Ordinance any right or liability of Far East Bank is deemed to become a right or liability of First Pacific Bank, First Pacific Bank and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of First Pacific Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Far East Bank may be continued by or against First Pacific Bank. (i) Any judgement or award obtained by or against Far East Bank and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against Far East Bank, become enforceable by or against First Pacific Bank. (j) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Far East Bank, whether alone or with others, before the appointed day. Accounting treatment of Far East Bank and First Pacific Bank (1) On and from the appointed day, by virtue of this Ordinance and notwithstanding the provisions of any other Ordinance- (a) the balance sheets and profit and loss accounts of First Pacific Bank and Far East Bank for the accounting period of each company in which the appointed day falls shall be prepared in all respects as if the undertaking had vested in First Pacific Bank pursuant to section 5 on the first day of such accounting periods; (b) every existing reserve of Far East Bank, including the special non-distributable reserve created pursuant to section 4(1)(b), shall be transferred to and for all purposes be and become a reserve of First Pacific Bank; (c) the amount, description and character of every reserve of First Pacific Bank which shall come into being pursuant to paragraph (b) shall be the same in all respects as those of the corresponding existing reserve immediately before such appointed day, and all enactments and rules of law shall apply to or in respect of every such reserve of First Pacific Bank in the same manner in all respects as they applied to or in respect of the corresponding existing reserve immediately before the appointed day; (d) all property comprising interests in land and buildings forming part of the undertaking shall, for the purposes of preparing the balance sheet of First Pacific Bank, be deemed to have been acquired by First Pacific Bank at a value equal to the independent valuation of such property as at 31 March 1989 obtained by Far East Bank; and (e) any retained profits of Far East Bank as at the first day of such accounting periods shall be distributable by First Pacific Bank. (2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature) and, without prejudice to the generality of the foregoing, every such reference shall include a reference to any sums standing to the credit (or debit) of any profit and loss account. (3) Without prejudice to the generality of subsection (1), any profits or losses of Far East Bank earned or incurred after the beginning of the financial year of Far East Bank in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of First Pacific Bank. Contracts of employment (1) Section 7(a) shall apply to a contract for the employment of any person by Far East Bank; and employment with Far East Bank and First Pacific Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of Far East Bank shall by virtue only of this Ordinance become a director or, as the case may be, auditor of First Pacific Bank. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Far East Bank shall be admissible in evidence in respect of the same matter for or against First Pacific Bank. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Far East Bank deemed to be vested in First Pacific Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of First Pacific Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of First Pacific Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of First Pacific Bank at the time of the making any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行記錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer of any property and liabilities of Far East Bank in First Pacific Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) a Government Printer's copy of this Ordinance, together with such evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, First Pacific Bank by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Far East Bank to First Pacific Bank; (b) any deed or other document made or executed on or after the appointed day, whereby First Pacific Bank or Far East Bank, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by Far East Bank immediately before the appointed day and forming part of the undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Far East Bank in that property is deemed to be vested in First Pacific Bank under this Ordinance; (c) where there is any other transaction or purported transaction by First Pacific Bank or Far East Bank on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Far East Bank immediately before that day and forming part of the undertaking, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that First Pacific Bank has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a joint certificate given by or on behalf of Far East Bank and First Pacific Bank at any time that any property or liability specified in the certificate (which property or liability immediately before the appointed day is the property or liability of Far East Bank) is or, as the case may be, is not, deemed to be vested in First Pacific Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified. (3) In subsection (2)- (a) "registered securities" (註冊證券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such a scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not); and (b) "convey" (轉讓) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. (4) Nothing in this section applies to any property falling within section 5(2). Interests in land The vesting in First Pacific Bank of an interest in land by virtue of this Ordinance shall not- (a) constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Far East Bank or First Pacific Bank or any other subsidiary of Far East Bank from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of First Pacific Bank to alter its articles and memorandum of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of Far East Bank to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To make provision for the incorporation of The Hong Kong Institute of Architects and for matters connected therewith. [12 January 1990] Short title Existing Constitution to become Constitution of the Institute Particulars to be delivered to the Registrar of Companies Saving PART I PRELIMINARY This Ordinance may be cited as The Hong Kong Institute of Architects Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Constitution" (章程) means the Deed of Constitution and the Rules of the Institute referred to in section 10 for the time being in force; "Council" (理事會) means the Council of the Institute established under section 7; "Institute" (學會) means The Hong Kong Institute of Architects incorporated by section 3; "member" (會員) means a person whose name is currently included in the Register of members of the Institute; "President" (會長) means the person referred to as President of the Institute in section 7 and any person acting as President in accordance with the provisions of the Constitution; "Register" (名冊) means the Register of members of the Institute kept in accordance with the Constitution; "Secretary" (秘書) means the honorary secretary of the Institute appointed under the provisions of the Constitution; "year" (年度) means the financial year of the Institute commencing and ending on such dates each year in accordance with the Constitution except that the period from the incorporation of the Institute to 30 September next thereafter shall be deemed to be a financial year. Incorporation of The Hong Kong Institute of Architects PART II THE HONG KONG INSTITUTE OF ARCHITECTS (1) The Hong Kong Institute of Architects shall be a body corporate and shall be known as "The Hong Kong Institute of Architects" which shall in that name have perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. (2) The Institute shall have a common seal which shall not be affixed except pursuant to a resolution of the Council, and unless provided otherwise in the Constitution, in the presence of a member of the Council and of the Secretary, or such other person appointed in his place by the Council, each of whom shall sign his name. (3) Any document purporting to be duly executed under the common seal of the Institute authenticated in accordance with subsection (2) shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Objects of the Institute The objects of the Institute are, subject to this Ordinance- (a) to promote the general advancement of architecture and to promote and facilitate the acquisition of the knowledge of the various arts and sciences concerned therewith; (b) to raise the standard of architecture in Hong Kong and the standard of professional architectural services offered by members of the Institute; (c) to maintain the integrity and status of and discourage dishonourable conduct and practices in the architectural profession; (d) to represent the views of the architectural profession to the public and the Government; (e) to apply the collective expertise of members of the Institute in an advisory role to the government and the building industry; (f) to encourage the study of architecture and to give awards and scholarships on such terms and conditions as the Institute may from time to time specify; (g) to conduct examinations and act in such other manner as may be necessary to ascertain whether persons are qualified to be accorded professional recognition by the Institute; (h) to facilitate the exchange of information and ideas in relation to all aspects of architecture and matters in connection with the architectural profession; (i) to encourage and foster a spirit of friendly collaboration amongst members of the Institute and with other professional bodies and their members; and (j) to do all such other things as are incidental or conducive to the attainment of the above objects. Powers of the Institute Subject to this Ordinance, the Council may, on behalf of the Institute, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institute, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) enter into any contract; (c) provide appropriate amenities for members; (d) employ staff; (e) provide residential accommodation for staff and visiting guests; (f) provide or contribute to pensions for staff; (g) act as trustee in relation to pension schemes and funds for scholarships and prizes; (h) borrow money in such manner and on such securities or terms as the Council deems appropriate or expedient; (i) apply for and receive any grant in aid for the functions of the Institute on such conditions as the Council deems appropriate or expedient; and (j) invest the funds of the Institute in such manner and to such extent as the Council thinks appropriate or expedient. Vesting of Property On the commencement of this Ordinance, the Institute shall succeed to all property, rights, privileges, obligations and liabilities of the unincorporated The Hong Kong Institute of Architects. Establishment of Council PART III COUNCIL (1) There is hereby established a council to be known as the Council of The Hong Kong Institute of Architects. (2) At the commencement of this Ordinance, the Council shall consist of the persons holding the offices of President, Vice-President, Honorary Secretary and Honorary Treasurer of the unincorporated The Hong Kong Institute of Architects immediately before the commencement of this Ordinance, and all other persons who were members of the council of the unincorporated The Hong Kong Institute of Architects immediately before the commencement of this Ordinance. (3) The persons specified in subsection (2) shall hold office until the election of officers and members of the Council at the first annual general meeting of the Institute or otherwise in accordance with the provisions of the Constitution. Powers of Council The management of the Institute shall be vested in the Council and all the powers of the Institute shall be vested in and exercisable by the Council except so far as this Ordinance or the Constitution otherwise requires. Membership PART IV MEMBERSHIP AND CONSTITUTION The members of the Institute shall be those persons whose names are included in the Register, being- (a) all the members of the unincorporated The Hong Kong Institute of Architects at the commencement of this Ordinance; and (b) other persons elected to membership in accordance with the Constitution. Existing Constitution to become Constitution of the Institute (1) The Deed of Constitution and the Rules of the unincorporated The Hong Kong Institute of Architects at the commencement of this Ordinance shall be adopted as the Constitution of the Institute. (2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy. (3) The Constitution may be amended by the Institute at any time in accordance with its provisions. (4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Particulars to be delivered to the Registrar of Companies PART V GENERAL PROVISIONS (1) Within 14 days after the commencement of this Ordinance the President shall deliver to the Registrar of Companies for registration- (a) notice of the address of the Institute; (b) a list containing the names and addresses of the members of the Council; and (c) the name and address of the Secretary. (2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy. (3) Within l4 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration. (4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institute on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration. (5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for the inspection of a document under section 305. (6) The Institute shall pay such fees for registering any document under this Ordinance as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Institute were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors or the rights of any body politic or corporate or of any other persons except such as are mentioned or referred to in this Ordinance and those claiming by, through, from or under them. Long title To make provision for the incorporation of The Hong Kong Institute of Surveyors and for matters connected therewith. [19 January 1990] Short title Existing Constitution to become Constitution of the Institute Particulars to be delivered to the Registrar of Companies Saving PART I PRELIMINARY This Ordinance may be cited as The Hong Kong Institute of Surveyors Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Constitution" (章程) means the constitution of the Institute referred to in section 10 for the time being in force; "General Council" (理事會) means the General Council of the Institute established under section 7; "Institute" (學會) means The Hong Kong Institute of Surveyors incorporated by section 3; "member" (會員) means a person whose name is currently included in the Register of members of the Institute; "President" (會長) means the person referred to as President of the Institute in section 7 and any person acting as President in accordance with the provisions of the Constitution; "Register" (名冊) means the Register of members of the Institute kept in accordance with the Constitution; "Secretary" (秘書) means the honorary secretary of the Institute appointed under the provisions of the Constitution; "year" (年度) means the financial year of the Institute commencing and ending on such dates each year in accordance with the Constitution except that the period from the incorporation of the Institute to 31 March next thereafter shall be deemed to be a financial year. Incorporation of The Hong Kong Institute of Surveyors PART II THE HONG KONG INSTITUTE OF SURVEYORS (1) The Hong Kong Institute of Surveyors shall be a body corporate and shall be known as "The Hong Kong Institute of Surveyors" which shall in that name have perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. (2) The Institute shall have a common seal which shall not be affixed except pursuant to a resolution of the General Council, and unless provided otherwise in the Constitution, in the presence of a member of the General Council and of the Secretary, or such other person appointed in his place by the General Council, each of whom shall sign his name. (3) Any document purporting to be duly executed under the common seal of the Institute authenticated in accordance with subsection (2) shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Objects of the Institute The objects of the Institute are, subject to this Ordinance- (a) to secure the advancement and facilitate the acquisition of that knowledge and expertise which constitutes the profession of a surveyor, including, but not limited to, the arts, sciences and practice of- (i) determining the value of all descriptions of landed and house property and of all kinds of rights and interests therein; (ii) managing and developing estates and all other matters concerned with or incidental to the management of landed property; (iii) researching, examining, reporting upon and securing the optimal use of land and its associated resources to meet social, economic and other needs; (iv) surveying the structure and condition of buildings and their services and advising on their maintenance, alteration, improvement, re-construction and demolition; (v) measuring and delineating the physical feature of the earth; (vi) managing, developing and surveying mineral and other property rights; (vii) researching, examining, reporting upon and determining the economic acquisition and use of resources of the construction industry, and the financial appraisal and measurement of construction work; (viii) selling (whether by auction or otherwise), buying or letting, and promoting or encouraging the sale, buying or letting, as an agent, of real or personal property or any interest therein; and (ix) project management; (b) to promote, support and protect the character, status and interests of surveyors in Hong Kong; (c) to maintain and promote the usefulness of the profession of surveyors for the public advantage; and (d) to do all such other things as are incidental or conducive to the attainment of the above objects as the General Council may consider appropriate. Power of the Institute Subject to this Ordinance the General Council may, on behalf of the Institute, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institute, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) enter into any contract; (c) provide appropriate amenities for members; (d) employ staff; (e) provide residential accommodation for staff and visiting guests; (f) provide or contribute to pensions for staff; (g) act as trustee in relation to pension schemes and funds for scholarships and prizes; (h) borrow money in such manner and on such securities or terms as the General Council deems appropriate or expedient; (i) apply for and receive any grant in aid for the functions of the Institute on such conditions as the General Council deems appropriate or expedient; and (j) invest the funds of the Institute in such manner and to such extent as the General Council deems appropriate or expedient. Vesting of Property On the commencement of this Ordinance, the Institute shall succeed to all property, rights, privileges, obligations and liabilities of the unincorporated The Hong Kong Institute of Surveyors. Establishment of General Council PART III GENERAL COUNCIL (1) There is hereby established a General Council to be known as the General Council of The Hong Kong Institute of Surveyors. (2) At the commencement of this Ordinance, the General Council shall consist of the persons holding the offices of President, Senior Vice-President, Junior Vice-President, Honorary Secretary and Honorary Treasurer of the unincorporated The Hong Kong Institute of Surveyors immediately before the commencement of this Ordinance, and all other persons who were members of the general council of the unincorporated The Hong Kong Institute of Surveyors immediately before the commencement of this Ordinance. (3) The persons specified in subsection (2) shall hold office until the election of officers and member of the General Council at the first annual general meeting of the Institute or otherwise in accordance with the provisions of the Constitution. Powers of General Council The management of the Institute shall be vested in the General Council and all the powers of the Institute shall be vested in and exercisable by the General Council except so far as this Ordinance or the Constitution otherwise requires. Membership PART IV MEMBERSHIP AND CONSTITUTION The members of the Institute shall be those persons whose names are included in the Register, being- (a) all the members of the unincorporated The Hong Kong Institute of Surveyors at the commencement of this Ordinance; and (b) other persons elected to membership in accordance with the Constitution. Existing Constitution to become Constitution of the Institute (1) The constitution and bye-laws of the unincorporated The Hong Kong Institute of Surveyors at the commencement of this Ordinance shall be adopted as the constitution of the Institute. (2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy. (3) The Constitution may be amended by the Institute at any time in accordance with its provisions. (4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Particulars to be delivered to the Registrar of Companies PART V GENERAL PROVISIONS (1) Within 14 days after the commencement of this Ordinance the President shall deliver to the Registrar of Companies for registration- (a) notice of the address of the Institute; (b) a list containing the names and addresses of the members of the General Council; and (c) the name and address of the Secretary. (2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy. (3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration. (4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institute on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration. (5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for the inspection of a document under section 305. (6) The Institute shall pay such fees for registering any document under this Ordinance as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Institute were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors or the rights of any body politic or corporate or of any other persons except such as are mentioned or referred to in this Ordinance and those claiming by, through, from or under them. Long title To establish a board for the purpose of the development of sport and physical recreation, to provide for the taking over and administration of the trust fund known as the Hong Kong Sports Institute Trust Fund and to provide for incidental matters. [16 February 1990] Short title Accounts and statements Investment of surplus funds Auditor Board to observe economy and efficiency Director of Audit's examination Governor may obtain information Governor may give directions Protection of members of Board and committees Bylaws Board may prosecute in its name PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Sports Development Board Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "auditor" (核數師) means a certified public accountant within the meaning of section 2 of the Professional Accountants Ordinance (Cap 50); "Board" (發展局) means the Hong Kong Sports Development Board established by section 3(1); "Chairman of the Trustees" (委員會主席) means the Chairman of the Committee of Trustees appointed under section 5H; (Added 9 of 1994 s. 3) "Committee of Trustees" (受託人委員會) means the Hong Kong Sports Institute Trust Fund Committee of Trustees established by section 5H; (Added 9 of 1994 s. 3) "Fund" (基金) means the Hong Kong Sports Institute Trust Fund established by section 5G; (Added 9 of 1994 s. 3) "Institute" (學院) means the Hong Kong Sports Institute, previously established under section 4 of the Hong Kong Sports Institute Ordinance (Cap 309) and continuing with the objectives set out in section 5A; (Added 9 of 1994 s. 3) "Management Committee" (管理委員會) means the Hong Kong Sports Institute Management Committee established under section 5B; (Added 9 of 1994 s. 3) "purposes" (宗旨) means the purposes of the Board under section 4; "trustee" (受託人) means a member of the Committee Trustees. (Added 9 of 1994 s. 3) Establishment of the Board PART II ESTABLISHMENT OF THE HONG KONG SPORTS DEVELOPMENT BOARD (1) There shall be a body corporate called the Hong Kong Sports Development Board, which shall have such purposes and powers as are conferred on it by, or by virtue of, this Ordinance. (2) The Board shall consist of- (a) a Chairman, not being a public officer, who shall be appointed by the Governor for a term not exceeding 3 years; (b) a Vice Chairman, not being a public officer, who shall be appointed by the Governor for a term not exceeding 3 years; (c) the Chairman of the Urban Council or his representative; (d) the Chairman of the Regional Council or his representative; (e) the President of the Amateur Sports Federation and Olympic Committee of Hong Kong or his representative; (f) not more than 7 other members not being public officers, each of whom shall be appointed by the Governor for a term not exceeding 3 years, and one of whom shall be appointed by the Governor as the Chairman of the Management Committee; (Amended 9 of 1994 s. 4) (g) 1 other member being a public officer, who shall be appointed by the Governor and hold office at the pleasure of the Governor,and the members of the Board shall be the governing body thereof and shall, in the name of the Board, manage the affairs of the Board and exercise the powers conferred on the Board by, or by virtue of, this Ordinance. (3) The Schedule shall have effect as respects the Board and its members. (4) The Governor may by order amend the Schedule. (5) It is declared that, save insofar as is inconsistent withthe provisions of this Ordinance, Part VII of the Interpretation and General Clauses Ordinance (Cap 1) shall apply as respects the Board and appointments to the Board. Purposes of the Board The purposes of the Board are to- (a) promote the development of sport and physical recreation in Hong Kong; (b) engage in such activities as may be necessary for promoting the development of sport and physical recreation in Hong Kong; (c) engage in such other activities as the Governor may, after consultation with the Board, permit or assign to it by order published in the Gazette; (d) manage, control, maintain and develop the Institute and other property of the Board to meet the objectives for which the Institute is established or for which other property may be vested in the Board. (Added 9 of 1994 s. 5) Powers of the Board The Institute's objectives Establishment of the Management Committee Functions of the Management Committee Powers of the Management Committee Powers of the Board in relation to fees, conditions of use, etc. Allocation of the Institute Establishment of trust fund Establishment of Committee of Trustees Incorporation of Committee of Trustees Application and object of the Fund Standing orders Appointment of officers and professional advisers Investment of moneys Accounts Fund not to be used as security (1) The Board may do all such things as- (a) are expedient for or conducive to the attainment of; or (b) in the opinion of the Board, are necessary to facilitate the carrying out of,the purposes of the Board. (2) Subject to and without restricting the generality of subsection (1), the Board may- (a) prepare proposals for advancing the knowledge and education of the public concerning sport and physical recreation and implement such proposals; (b) prepare proposals for the development of sport and physical recreation and implement such proposals; (c) prepare proposals for the education and training of suitable persons in matters relating to administration, coaching, participating and officiating in sport and physical recreation and implement such proposals; (d) engage in or support research into, and provide a service in, sports science and sports medicine; (e) acquire and disseminate information on any matter related to the purposes of the Board; (f) take such action as in the opinion of the Board is justified by information in its possession including giving advice to the Government, to any public body, to any public officer, to community sports and physical recreation associations, or to the public on any matter related to the purposes of the Board; (g) collaborate with, become a member of or affiliate to any international or other body concerned with any matter related to the purposes of the Board; (h) engage in or support any other activity which in the opinion of the Board will facilitate the attainment of the purposes of the Board; (i) do any thing which it may do under this Ordinance in association or co-operation with the Amateur Sports Federation and Olympic Committee of Hong Kong, the Urban Council, the Regional Council, the District Boards, community sports and physical recreation associations or any other body whose purposes are similar or incidental to the purposes of the Board; (j) acquire, take on lease, purchase, hold and enjoy movable property and sell, let or otherwise dispose of or deal with movable property; (ja) acquire, take on lease, purchase, hold and enjoy immovable property and lease or, with the approval of the Financial Secretary, sell or otherwise dispose of immovable property; (Added 9 of 1994 s. 6) (k) surrender any lease or apply for and agree to the modification of lease conditions or enter into any exchange; (l) undertake and execute any trust which has for its object the development of sport or any other object similar or incidental to the purposes of the Board; (m) accept gifts and donations, whether of property or otherwise and whether subject to any trust or not; (n) appoint such employees as it may determine on such terms and conditions as the Board thinks fit including the payment of allowances, benefits and remuneration; (o) make or provide ex gratia payments to any employee, or to the personal representative of a deceased employee or to any other person who was dependent on such employee at his death; (p) engage the services of technical and professional advisers or appoint persons or organizations to carry out any of its activities in such manner and on such terms and conditions as it thinks fit; (q) pay such amounts of money to any person, community sports and physical recreation association or any other body whose purposes are similar or incidental to the purposes of the Board on such terms and conditions as to that payment or otherwise as the Board may think fit; (r) engage in any of its activities or exercise any of its powers either alone or in association with any other person or persons; (s) construct, alter, enlarge, improve, repair or demolish buildings and ancillary facilities; (Added 9 of 1994 s. 6) (t) provide any equipment, fixtures, fittings or furniture; (Added 9 of 1994 s. 6) (u) develop sports in the Institute in a manner that is consistent with the purposes of the Board and the objectives of the Institute; (Added 9 of 1994 s. 6) (v) permit the use of its buildings and facilities by any person and charge, reduce, waive or refund fees for the use in such cases as it thinks fit; (Added 9 of 1994 s. 6) (w) specify the purposes for which its property, or any part, may be used; (Added 9 of 1994 s. 6) (x) award scholarships in sport in suitable cases. (Added 9 of 1994 s. 6) (3) The Board may develop any land it holds for the purpose for which the Crown lease is granted, subject to the terms and conditions of the Crown lease, and in a manner and to the extent as the law would allow if a natural person held the land in the same interest. (Added 9 of 1994 s. 6) The Institute's objectives PART IIA HONG KONG SPORTS INSTITUTE The Institute's objectives are to help develop sport by providing the environment, coaching, facilities and support services which enable special talent to be identified and developed, with the principal goal being the pursuit of sporting excellence for both athletes and coaches, and to co-operate with other relevant sports bodies as appropriate to achieve these ends. Establishment of the Management Committee (1) The Board shall establish a management committee known as the Hong Kong Sports Institute Management Committee to manage and control the Institute with a view to furthering the Institute's objectives. (2) The Management Committee shall comprise not more than 9 members, at least one-third of whom shall be members of the Board. Functions of the Management Committee The Management Committee shall- (a) subject to any directions of the Board, manage the Institute in ways which are conducive to achieving the Institute's objectives; and (b) perform such other functions as the Board may direct. Powers of the Management Committee Subject to any direction given by the Board, the Management Committee may do such things as are expedient for or conducive to carrying out its functions. Powers of the Board in relation to fees, conditions of use, etc. (1) The Board may- (a) fix the fees to be paid for, and specify conditions to be observed in, the use of the Institute and its facilities; (b) fix the fees to be paid by the public for admission to any function in the Institute organized by the Management Committee; and (c) fix charges to be paid for any trading or advertising in the Institute. (2) The Management Committee may, subject to any direction given by the Board- (a) waive any fees fixed under subsection (1) in such cases as it thinks fit where the use of the Institute, or its facilities, is granted to persons under 18 years of age; (b) reduce or waive any fees fixed under subsection (1) in any other particular case. (3) The fees or other charges collected by the Management Committee under this Ordinance shall accrue to the revenue of the Board for the account of the Institute. Allocation of the Institute (1) The Management Committee may grant to any person the exclusive use of the Institute or any part, or any facilities provided, for the purpose and at the times as the Management Committee may approve and subject to the conditions as it may impose. (2) Subject to any conditions imposed by the Management Committee under subsection (1), the person to whom the exclusive use of the Institute or any part, or any facilities provided, has been granted under subsection (1) may determine- (a) whether or not the public may be admitted to the Institute or any part during the period of such exclusive use; and (b) the fees, if any, to be paid by members of the public for admission during that period. Establishment of trust fund PART IIB HONG KONG SPORTS INSTITUTE TRUST FUND (1) This section establishes the Hong Kong Sports Institute Trust Fund. (2) The trust fund, known as the Hong Kong Sports Institute Trust Fund and established under the Hong Kong Sports Institute Ordinance (Cap 309) before that Ordinance was repealed, is transferred to the Hong Kong Sports Institute Trust Fund established under subsection (1). (3) Subject to this Part, the Fund shall be administered by the Committee of Trustees. (4) The Fund shall consist of- (a) the balance of the Hong Kong Sports Institute Trust Fund transferred by subsection (2); (b) such moneys and assets as may be donated, subscribed or bequeathed to, and accepted by, or otherwise acquired by the Board for the Fund; and (c) any interest, dividends and income derived from the moneys and other assets of the Fund. Establishment of Committee of Trustees (1) This section establishes a committee of trustees, to be called the Hong Kong Sports Institute Trust Fund Committee of Trustees. (2) The Committee of Trustees shall be appointed by the Board and shall consist of not less than 5 or more than 7 members of whom- (a) not less than 2 shall not be members of the Board; (b) not less than 2 shall be members of the Board; and (c) one shall be appointed by the Board as Chairman of the Trustees. (3) The Board shall give notice in the Gazette of every appointment made under subsection (2). (4) Subject to subsection (2), the Board may, from time to time, by notice in writing under the hand of the Chairman of the Board, remove any trustee and appoint a new trustee. (5) A trustee may at any time resign by giving not less than one month's notice in writing to the Board. (6) The quorum necessary for the transaction of the business of the Committee of Trustees shall be 3 trustees or such greater number as may be fixed by standing orders made under section 5K. (7) At a meeting of the Committee of Trustees, the Chairman of the Trustees or, in his absence, such other trustee as the trustees present may elect shall preside. (8) All questions arising at a meeting of the Committee of Trustees shall be decided by a majority of the votes of trustees present and, in the case of an equality of votes, the Chairman of the Trustees or other trustee presiding shall have a casting vote in addition to his original vote. Incorporation of Committee of Trustees (1) The Committee of Trustees- (a) is a body corporate; (b) has the name "Hong Kong Sports Institute Trust Fund Committee of Trustees"; (c) in that name shall have perpetual succession and may sue and be sued in any court; and (d) shall have a common seal, the affixing whereof shall be authenticated by- (i) the signature of the Chairman of the Trustees; or (ii) the signature of a trustee authorized for that purpose by the Committee. (2) An instrument purporting to be an instrument executed under the seal of the Committee of Trustees shall be received in evidence and shall, unless the contrary is proved, be taken as an instrument so executed. Application and object of the Fund The Committee of Trustees shall apply the Fund in such manner and to such extent as the Board may advise for the object of meeting the expenses of the Institute. Standing orders The Committee of Trustees may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the Fund and the discharge of the duties of the Committee. Appointment of officers and professional advisers (1) The Committee of Trustees may from time to time appoint, upon such salary (if any) and upon such terms as it may think proper, a secretary, a treasurer, and such other officers as it may think necessary and may employ any professional person or agent to advise it on any matter arising out of or in connection with the Fund. (2) All salaries and fees (if any) of a person appointed or employed under subsection (1) shall be paid by the Committee of Trustees out of the Fund. Investment of moneys The Committee of Trustees may invest any moneys of the Fund in such authorized investments (within the meaning of section 4 of the Trustee Ordinance (Cap 29)) as the Committee may decide. Accounts (1) The Committee of Trustees shall cause proper accounts to be kept of all transactions of the Fund and shall cause to be prepared, in respect of the period from the commencement of this Part to 31 March next, and after that for every period of one year ending on 31 March, a statement of the accounts of the Fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the Chairman of the Trustees. (2) The accounts of the Fund and the signed statement of the accounts shall be audited by an auditor (being a certified public accountant within the meaning of section 2 of the Professional Accountants Ordinance (Cap 50)) appointed by the Board and the auditor shall certify the statement subject to such report, if any, as he may think fit. (3) There shall be laid on the table of the Legislative Council not later than 31 December next following the end of each period in respect of which a statement is required to be prepared under subsection (1) or so soon thereafter as the Governor may allow- (a) a copy of the signed and audited statement of accounts together with the auditor's report, if any; and (b) a report of the Committee of Trustees on the administration of the Fund during that period. Fund not to be used as security The Fund shall not- (a) be used by the Board or the Committee of Trustees for the purpose of borrowing or raising money; or (b) for any purpose, be charged, mortgaged, pledged or used as security. Capital of Board PART III FINANCIAL (1) The Governor may, out of money appropriated for the purpose by the Legislative Council, authorize payment to the Board of such amounts of money as he thinks fit. (2) The capital of the Board shall consist of- (a) all money received by the Board under subsection (1); (b) all other money and property, including donations, fees, rent, interest and accumulations of income received by the Board for its purposes. (3) All money received by the Board shall be deposited with a bank within the meaning of section 2 of the Banking Ordinance (Cap 155). (Amended 49 of 1995 s. 53) Power to borrow (1) Subject to such terms and conditions as may be approved by the Financial Secretary, the Board may raise a loan or loans, chargeable and payable out of the capital of the Board, of such sums of money as may be required for any capital expenditure of the Board or for the repayment of any loan previously raised for any such purpose. (2) The Board may, with the approval of or in accordance with the terms of any general authority given by the Financial Secretary, borrow temporarily, by way of overdraft or otherwise, such sums of money as may be required for discharging obligations or exercising powers conferred and imposed upon the Board by, or by virtue of, this Ordinance. (3) The Board may with the consent of the Financial Secretary, but not otherwise charge all or a part of its property as security- (a) for the repayment of money borrowed under subsection (1); or (b) for the development or redevelopment of the property charged. (Added 9 of 1994 s. 8) Programmes and estimates The Board shall submit to a person nominated by the Governor, at such time and in respect of such periods as the Governor may direct, a programme of its proposed activities and estimates of its income and expenditure. Board may revise programme and estimates The Board may from time to time revise the programme of its proposed activities and estimates of its income and expenditure submitted by it under section 8. Accounts and statements (1) The Board shall cause proper accounts to be kept of all its financial transactions and shall cause to be prepared for each financial year a statement of the accounts of the Board, which statement shall include an income and expenditure account and balance sheet and be signed by the Chairman. (2) The accounts of the Board and the signed statement of accounts shall be audited by an auditor appointed by the Board and the auditor shall certify the statement subject to such report, if any, as he thinks fit. (3) There shall be laid on the table of the Legislative Council not later than 31 December after the end of the period in respect of which a statement is required to be prepared under subsection (1) or so soon thereafter as the Governor may allow- (a) a copy of the signed and audited statement of accounts together with the auditor's report, if any; and (b) a report by the Board on its activities during that period. Investment of surplus funds All money of the Board that is not immediately required to be expended shall be- (a) deposited in a bank within the meaning of section 2 of the Banking Ordinance (Cap 155) on fixed term or call deposits or in a current or savings account; or (Amended 49 of 1995 s. 53) (b) invested in such other forms of investments approved by the Financial Secretary, either generally or in any particular case, for the purpose. Auditor (1) An auditor appointed under section 10(2) may at any time- (a) have access to such books of account, vouchers and other records of the Board; and (b) require such information and explanation, (2) The auditor shall, as soon as is practicable, audit the statement prepared under section 10(1) and shall report on the audit to the Board. Board to observe economy and efficiency The Board shall observe economy and efficiency in the conduct of its business and exercise of its powers under this Ordinance. Director of Audit's examination (1) The Director of Audit may, as respects any financial year, conduct an examination into the economy and efficiency with which the Board has expended its capital in the exercise of its powers under this Ordinance. (2) Subject to subsection (3), the Director of Audit shall have a right of access at all reasonable times to all such documents as he may reasonably require for conducting any examination under this section and shall be entitled to require from any person holding or being accountable for any such document such information and explanation as he considers reasonably necessary for that purpose. (3) Subsection (2) applies only to documents in the custody and control of the Board. (4) The Director of Audit may report to the President of the Legislative Council the results of an examination conducted by him under this section. (5) Without prejudice to the power of the Director of Audit to conduct an examination, this section applies to any sum of money paid by the Board in the exercise of its power under section 5(2)(q). Governor may obtain information PART IV MISCELLANEOUS The Board shall in such manner and at such times as the Governor may require furnish him with returns, accounts and other information relating to the property and affairs of the Board, and shall afford to him facilities for the verification of information furnished. Governor may give directions The Governor may, if he considers the public interest so requires, give directions in writing to the Board not inconsistent with this Ordinance as respects its engagement in its activities or the exercise of its powers and the Board shall comply with those directions. Protection of members of Board and committees (1) No member or employee of the Board or of any committee of the Board shall be personally liable for any act done or default made - (a) by the Board; or (b) by any committee of the Board,acting in good faith in the exercise or purported exercise of the powers conferred on the Board by, or by virtue of, this Ordinance. (2) The protection hereby conferred on members and employees of the Board or of a committee in respect of any act or default shall not in any way affect any liability of the Board for that act or default. Bylaws (1) The Board may, under its common seal, make bylaws not inconsistent with this Ordinance for the following purposes- (a) the management and control of the property of the Board, including the closing or partial closing, of the property; (b) the fixing of the times during which the property of the Board or any part may be open to members of the public; (c) the selection of groups of persons, schools, associations or institutions which may use the property of the Board or any part, or any facilities provided; (d) the manner in which applications for use of the property of the Board or any part, or any facilities provided, may be made; (e) the use of any equipment, apparatus, fitting or facility provided for use in the property of the Board; (f) the preservation of good order and discipline and prevention of nuisances in the property of the Board; (g) the control of trading or advertising in the property of the Board; (h) the removal of persons including trespassers from the property of the Board; (i) the better carrying out of the functions and duties of the Board. (2) The Board shall cause printed copies of bylaws made under subsection (1) to be kept at its principal office and to be available for sale to any person at a reasonable cost. (3) Bylaws made under subsection (1) may provide that contravention of a specified provision is an offence punishable on conviction by a fine of $2000 and imprisonment for 3 months. Board may prosecute in its name Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Attorney General in relation to the prosecution of criminal offences, prosecutions for an offence under the bylaws made under section 18 may be brought in the name of the Board. PROVISIONS AS RESPECTS THE BOARD AND ITS MEMBERS [section 3] 1. The Board shall have perpetual succession and a common seal. 2. The Board shall not be regarded as a servant or agent of the Crown, or as enjoying any status, immunity or privilege of the Crown. 3. (1) The Board shall appoint an Executive Director and shall determine the terms and conditions of his appointment: Provided that the person who was, immediately before the commencement of this Ordinance, employed by the Government as Executive Director-designate of the Board shall, on and from that commencement, be the Executive Director of the Board. (2) The Executive Director shall hold his office in accordance with the terms of his appointment and shall perform, on behalf of the Board, such functions as the Board may assign to him. 4. (1) A member of the Board shall hold his office in accordance with the terms of his appointment. (2) A member appointed under section 3(2)(a), (b) or (f) may at any time by notice in writing to the Governor resign his office. 5. (1) A member of the Board who is in any way directly or indirectly interested in a contract made or proposed to be made by the Board or in a contract made or proposed to be made by a servant or agent of the Board which is brought up for consideration by the Board, shall disclose the nature of his interest at a meeting of the Board; and the disclosure shall be recorded in the minutes of the meeting of the Board, and the member shall not without the permission of the Chairman take any part in any deliberation of the Board with respect to that contract and shall not in any event vote on any question concerning it. (2) For the purposes of subparagraph (1), a notice given at a meeting of the Board by a member thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made. (3) A member of the Board need not attend in person at a meeting of the Board in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting. 6. If the Governor is satisfied that a member of the Board appointed under section 3(2)(a), (b) or (f)- (a) has been absent from meetings of the Board for a period longer than 3 consecutive months without the permission of the Board; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member, the Governor may declare his office as a member of the Board to be vacant, and shall notify the fact in such manner as the Governor thinks fit; and upon such declaration the office shall become vacant. 7. The quorum of the Board shall be 5 and, while a member is disqualified from taking part in a decision or deliberation of the Board in respect of a matter, he shall be disregarded for the purpose of constituting a quorum of the Board for deciding, or deliberating on, that matter. 8. The Board shall have power to regulate its own procedure including power to make standing orders to regulate the number of meetings to be held by the Board in any year and the procedures to be followed at such meetings. 9. The Board may transact any of its business by circulation of papers amongst members whether any such member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Board. 10. (1) The Board may create, and appoint the members of, such committees for the better carrying out of the purposes and powers of the Board as it thinks fit. (2) Persons who are not members of the Board are- (a) eligible for appointment to committees; (b) not eligible for appointment as chairmen of committees. (3) The chairman of a committee created under subparagraph (1) shall be appointed by the Board and the number of members of a committee shall be determined by the Board. (4) Subject to the terms of any delegation by the Board or to any directions of the Board, a committee- (a) may exercise and perform the delegated powers with the same effect as if it were the Board itself; (b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary; (c) may regulate its own procedure. 11. (1) Subject to subparagraph (2), the Board may, with or without restrictions or conditions as it thinks fit, delegate in writing any of its powers to any committee created under paragraph 10(1). (2) The Board shall not delegate the power- (a) to create any committee; (b) to appoint the Executive Director; (c) to determine matters relating to the remuneration and terms and conditions of appointment or employment of the Executive Director or, of the staff of the Board; (d) to establish, manage and control, or enter into an arrangement for the establishment, management and control of any fund or scheme for the purpose of providing for the pensions, gratuities, benefits and payments to the staff of the Board; or (e) to furnish after the expiry of the financial year, a report on the affairs of the Board for that year, a copy of its accounts therefor and the auditor's report on the accounts. 12. A certificate signed by the Executive Director that an instrument of the Board purporting to be made or issued by or on behalf of the Board was so made or issued shall be conclusive evidence of that fact. 13. Every document purporting to be an instrument made or issued by or on behalf of the Board and to be duly executed under the seal of the Board or to be signed or executed by the Executive Director or a person authorized by the Board to act in that behalf, shall be received in evidence and deemed, without further proof, to be so made or issued unless the contrary is shown. Long title To provide for the establishment and the functions of the Hong Kong Council for Academic Accreditation as a body corporate and for matters incidental thereto. [8 June 1990] L.N. 161 of 1990 Short title Secretary to consult with Secretary for the Treasury before approving fees, charges, etc. Resources of the Council Use of surplus funds Estimates of revenue and expenditure Accounts and statements Auditors Examinations by Director of Audit Annual report Secretary for the Treasury may charge fees Directions by the Governor PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Council for Academic Accreditation Ordinance. Interpretation Due execution of documents Protection of members, employees, etc. Rule making powers of the Council Unauthorized use of the title of the Council Council not to be regarded as servant or agent of the Crown Governor may amend Schedules 1 and 2 (Omitted as spent) (1) In this Ordinance, unless the context otherwise requires- "academic accreditation" (學術評審) means any evaluation, assessment or other activity to determine whether or not the academic standards of any institution of higher education are comparable with internationally recognized standards; "appointed member" (委任成員) means a member appointed under section 3(2)(a); "Chairman" (主席) means the Chairman of the Council appointedby the Governor under section 3(4) or any person appointed to act in his place under Schedule 2; "committee" (委員會) means the Executive Committee or any other committee established by the Council under Schedule 2; "Council" (評審局) means the Hong Kong Council for Academic Accreditation established under section 3(1); "degree course" (學位課程) means a programme of study the successful completion of which is marked by the conferment of a degree or any other equivalent academic award; "Executive Committee" (執行委員會) means the Executive Committee established by the Council under Schedule 2; "Executive Director" (總幹事) means the person appointed as Executive Director under section 6; "member" (成員) means an appointed or ex officio member of the Council; "resident of Hong Kong" (香港居民) means a person who is ordinarily resident in Hong Kong and who holds a Hong Kong identity card; "Secretary" (統籌司) means the Secretary for Education and Manpower or such other person as the Governor may designate by notice in the Gazette; "Vice-chairman" (副主席) means the Vice-chairman of the Council appointed under section 3(4). (2) Without affecting the generality of the definition of "academic accreditation" (學術評審), academic accreditation includes any or all of the following- (a) validation, that is to say, an evaluation of a particular degree course conducted or proposed to be conducted by an institution of higher education, to determine whether or not the academic standard of the course is comparable with internationally recognized standards; (b) revalidation, that is to say, an appraisal of the progress of a degree course which has been evaluated and found tobe of a standard comparable with internationally recognized standards, to determine whether it continues to be so comparable; (c) institutional review, that is to say, a review of the academic and general standards of an institution of higher education; and (d) institutional accreditation, that is to say, an assessment to determine whether an institution of higher education is competent to validate or revalidate, within the meaning of this section, degree courses conducted or proposed to be conducted by it. Powers of the Council The Council may in performing its functions- (a) appoint any person in relation to the performance of any function specified in section 4; (b) publish material and distribute, lend with or without charge or sell such material; (c) enable any person to use any facility of or provided for or by the Council or service provided by the Council (other than academic accreditation) and specify conditions and fees (if any) subject to which it can be used and charge any such fee; (d) determine and charge any fees in respect of the exercise of any function referred to in section 4(e); (e) subject to the approval of the Secretary, determine fees to be charged for academic accreditation and charge any such fees; (f) refund, reduce or waive any fee referred to in paragraphs (c), (d) and (e) either generally or in any particular case; (g) subject to the approval of the Secretary, pay honoraria- (i) to members ordinarily resident outside Hong Kong; and (ii) to any person appointed under paragraph (a) to whom a function is delegated under section 8(2), in relation to the performance of such function; (h) pay the travelling, accommodation or any other expenses reasonably incurred by any person referred to in paragraph (g)(ii) in relation to the performance by such person of any function referred to in that paragraph; (i) pay the travelling, accommodation or other expenses reasonably incurred by any member in connection with his duties as such member; (j) acquire, hold or dispose of property of any description; (k) accept gifts or donations whether subject to any trust or not; (l) subject to the approval of the Secretary, borrow such money on such security or other terms and conditions as it considers expedient; (m) do or cause to be done such other incidental act or thing as the Council considers expedient or necessary for the performance of its functions under this Ordinance. Executive Director of the Council PART III STAFF AND DELEGATION (1) The Council shall- (a) subject to subsection (2), appoint an Executive Director; (b) determine the conditions of service, and, subject to the approval of the Secretary under section 9, the terms of remuneration of such appointment. (2) The Council shall obtain the approval of the Governor for any proposed appointment under subsection (1) and for the suspension or dismissal of any person so appointed. (3) The Executive Director of the Council shall be the principal executive officer of the Council and shall, under the direction of the Council, do all acts and things necessary for implementing the decisions of the Council or of any committee to which or person to whom the Council may have delegated the exercise or performance of any of its powers or functions or duties under this Ordinance. Employees, etc. of the Council The Council may- (a) appoint or engage such employees as it may determine; and (b) engage the services of advisers on any matters arising out of or connected with any function of the Council,on terms of remuneration approved by the Secretary under section 9 and on such conditions of service as the Council thinks fit. Delegation (1) The Council may, subject to such restrictions or other conditions, if any, as it thinks fit, delegate in writing any of its functions, powers or duties to any committee, except- (a) the appointment of the Executive Director; (b) the determination of the remuneration or any other term or condition of employment of the Executive Director or any other employee of the Council; (c) any duty or function under section 14 in relation to the preparation of accounts and statements; (d) any duty or function under section 17; (e) the making of rules under section 22; (f) the power to establish committees or the appointment of members to a committee; (g) any function or power which may be delegated under subsection (2); (h) the power to delegate. (2) The Council may delegate the performance, in relation to a particular case, of any function specified in section 4(a) and any powers necessary for such performance to any person appointed under section 5(a) or to a group of 2 or more persons which may consist of members or persons appointed under section 5(a). (3) In the absence of evidence to the contrary, a committee or a person or group of persons to whom a delegation is made under this section shall be presumed to be acting in accordance with the delegation. (4) A delegation under this section shall not preclude the performance or the exercise by the Council of any function or power to which the delegation relates. Prior approval of the Secretary for remuneration, etc. (1) The Council shall before- (a) determining the remuneration of the Executive Director or of any employee or class of employees or of any advisers appointed or engaged under section 7; or (b) determining the amount of any honorarium referred to in section 5; or (c) varying any such remuneration or amount of honorarium, obtain the approval of the Secretary. (2) In the case of remuneration of the employees of the Council, the Secretary may approve the amount proposed to be paid in respect of the class of employee or in respect of a particular employee or a particular position. (3) The Council shall not pay as remuneration or honoraria any amount other than an amount approved by the Secretary under this section. Secretary to consult with Secretary for the Treasury before approving fees, charges, etc. Before giving any approval under section 5(e) or (l), 9, 12 or 13, the Secretary shall consult with the Secretary for the Treasury. Resources of the Council PART IV FINANCIAL The resources of the Council shall consist of- (a) all money received by the Council for or in connection with the carrying out of its functions; (b) all money received by the Council as gifts or donations; (c) all property and assets acquired by the Council; (d) all money appropriated by the Legislative Council for the functions of the Council. Use of surplus funds All money of the Council which is not immediately required shall be deposited with any bank approved by the Secretary or invested in such investments as may be approved by the Secretary. Estimates of revenue and expenditure (1) The Council shall, not later than 31 October in each financial year or such other date as the Secretary may approve, submit to the Secretary for his approval estimates of its income and expenditure for the next financial year together with a programme of its proposed activities for the next financial year. (2) The Council may, subject to the approval of the Secretary, revise any estimate or programme of activities submitted under subsection (1). Accounts and statements The Council shall maintain proper accounts and proper records in relation to its accounts and transactions and shall, as soon as practicable and in any case not later than 5 months after the close of a financial year, cause to be prepared in respect of that financial year, a statement of accounts of the Council, which shall- (a) include an income and expenditure account and a balance sheet; and (b) be signed by the Chairman and the Executive Director. Auditors (1) The Council shall appoint auditors, who shall be entitled at any reasonable time- (a) to have access to all books of accounts, vouchers and other records of the Council; and (b) to require such information and explanations as they consider necessary to discharge their functions. (2) The auditors shall, as soon as practicable and in any case not later than 7 months after the close of each financial year, audit the accounts required to be maintained under section 14 and shall submit a report on the accounts to the Council. Examinations by Director of Audit (1) The Director of Audit may carry out examinations into the economy, efficiency and effectiveness with which the Council has used its resources in discharging its functions. (2) The Director of Audit shall be entitled at any reasonable time- (a) to have access to any document in the custody or under the control of the Council as he may reasonably require for carrying out any examination under this section; or (b) to require from any person holding or accountable for such document any information or explanation as is reasonably necessary for the purpose of such examination. (3) The Director of Audit may report to the President of the Legislative Council the results of any examination carried out under this section. Annual report The Council shall, not later than 9 months or such longer time as the Secretary may determine, after the close of each financial year submit- (a) a report on the activities and affairs of the Council for that year; (b) a copy of its statement of the accounts therefor; and (c) the auditors' report on the accounts, to the Governor who shall cause such statement and reports to be laid on the table of the Legislative Council. Secretary for the Treasury may charge fees PART V MISCELLANEOUS The Secretary for the Treasury may charge fees in such amount as he may determine for any service provided to the Council by the Government. Directions by the Governor (1) The Governor may give to the Council directions not inconsistent with this Ordinance with respect to the exercise of its powers or the performance of its functions or duties, either generally or in any particular case. (2) In the exercise of its powers and the performance of its functions or duties the Council shall comply with any directions given by the Governor under subsection (1). Due execution of documents Any document purporting to be a document duly executed under the common seal of the Council shall, unless there is evidence to the contrary, be deemed to be a document so executed and shall be received in evidence without further proof. Protection of members, employees, etc. (1) A member or employee of the Council or of any committee of the Council or any person appointed by the Council under section 5(a) acting in good faith shall not be personally liable for any act done or default made- (a) by the Council; (b) by any committee of the Council; or (c) by any such member, employee or person,in the exercise or purported exercise of the powers conferred or performance or purported performance of functions imposed under this Ordinance. (2) The protection conferred under subsection (1) on members or employees of the Council or of any committee of the Council or any person appointed by the Council under section 5(a) shall not in any way affect any liability of the Council for that act or default. Rule making powers of the Council (1) The Council may make rules for the better carrying out of the functions of the Council and the provisions of this Ordinance. (2) Without affecting the generality of subsection (1) rules made under that subsection may provide for the regulation of- (a) the procedures governing meetings of the Council and any committee; (b) the conditions and terms of employment and the welfare of persons employed or engaged by the Council; (c) financial procedures; or (d) the methods and procedures for academic accreditation. Unauthorized use of the title of the Council (1) No person shall incorporate, form, be a director, office bearer or organizer of, or work in connection with, or be a member of, any body of persons, corporate or unincorporate that, without the written consent of the Council- (a) holds itself out to be- (i) the Council or any part thereof; or (ii) in any way connected or associated with the Council; or (b) uses the title "Hong Kong Council for Academic Accreditation" or a title in any language which so closely resembles the title "Hong Kong Council for Academic Accreditation" so as to be capable of misleading any person into believing the body of persons is- (i) the Council or any part thereof; or (ii) in any way connected or associated with the Council. (2) Any person who contravenes subsection (1) commits an offence and is liable on conviction to a fine of $50000. Council not to be regarded as servant or agent of the Crown The Council shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown. Governor may amend Schedules 1 and 2 The Governor may by order published in the Gazette amend Schedules 1 and 2. PROVISIONS WITH RESPECT TO THE COUNCIL AND MEMBERS THEREOF [sections 2, 3 & 25] 1. (1) The Council shall have a common seal. (2) The affixing of the seal of the Council shall be authenticated by the signature of any 2 members of the Council authorized by a resolution of the Council in that behalf. 2. (1) Subject to subparagraphs (2), (3) and (4), a member of the Council shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment. (2) Any appointed member may at any time resign his office by notice in writing to the Governor, and the resignation shall take effect from the date specified in the notice and where no date is specified on receipt of the notice by the Governor. (3) If any member of the Council- (a) becomes bankrupt or enters into a voluntary arrangement with his creditors, within the meaning of the Bankruptcy Ordinance (Cap. 6); (Amended 76 of 1996 s. 98) (b) becomes incapacitated by physical or mental illness; or (c) is in the opinion of the Governor otherwise unable or unfit to discharge the functions of a member of the Council, the Governor may by notice in writing declare his office as a member of the Council to be vacant. (4) A person whose office is declared vacant under subparagraph (3) is not eligible for reappointment. 3. If- (a) the Chairman, due to absence from Hong Kong or for any other reason, is unable to act as Chairman for any period; or (b) any member is precluded by temporary incapacity or any other reason from performing his functions as a member for any period, the Governor may appoint another person to act in the place of the Chairman or such member as the case may be for that period. 4. (1) Meetings of the Council shall be held at such times and places as the Chairman may determine. (2) The Executive Director shall, unless it is not reasonably practicable, attend all the meetings of the Council and of the Executive Committee. (3) At any meeting of the Council, the Chairman shall preside and if the Chairman is absent from any meeting of the Council for any reason or if the office of Chairman is vacant, the Vice-chairman will act as Chairman in his place. (4) In the absence from any meeting or in the case of the vacancy of the office of the Chairman and the Vice-chairman, the members present shall before any other business is transacted elect a chairman from amongst themselves for the duration of that meeting. 5. (1) The quorum for any meeting of the Council shall be one half of its members for the time being and while a member is disqualified from taking part in a decision or a deliberation of the Council in respect of any matter, he shall be disregarded for the purpose of constituting a quorum for deciding or deliberating on that matter. (2) The Chairman, the Vice-chairman acting in his place or a Chairman elected under paragraph 4(4) shall have a casting vote in addition to his original vote at any meeting of the Council. (3) All matters considered by a meeting of the Council shall be decided by a simple majority of the members present and voting thereon. (4) The Council may transact any of its business by the circulation of papers amongst members whether such members are in or outside Hong Kong, and a resolution in writing which is approved by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council. 6. Subject to this Ordinance, the Council may regulate its own procedure. 7. (1) The Council may establish an Executive Committee and any other committee as it thinks fit for the better carrying out of the functions of the Council. (2) The Executive Committee shall consist of the members appointed under section 3(3)(b) and (c) and the Executive Director, and its chairman shall be either the Chairman or the Vice-chairman of the Council. (3) Subject to subparagraph (4), the Council may- (a) appoint to any committee such members of the Council or persons who are not members of the Council as it may determine; and (b) appoint as the chairman of any committee any member or person appointed under sub-subparagraph (a). (4) Not less than 2/3 of the membership of any committee shall be members of the Council. (5) A person appointed under subparagraph (3) who is not a member of the Council shall not vote at any meeting of the committee. (6) Subparagraphs (3) and (4) shall not apply in relation to the Executive Committee. (7) The chairman of a committee shall appoint the times and places of meetings of the committee. (8) Subject to this Ordinance, a committee may regulate its own procedure. 8. (1) Any member of the Council or a committee who has a direct or indirect interest in any institution any aspect of the academic accreditation of which is to be considered at any meeting of the Council or a committee, and who is present at such meeting shall, as soon as practicable after the commencement of the meeting, disclose to the Council or the committee, as the case may be, the fact and nature of his interest and shall, if required by the chairman of the meeting, withdraw from the meeting at any time and for so long as the matter is being considered, and in any case shall not vote thereon. (2) Any member of the Council or a committee who has an interest of the nature referred to in subparagraph (1) and who is consulted by circulation of papers on a matter relating to the subject of his interest shall disclose to the Chairman of the Council the fact and nature of his interest. Long title To provide for facilitating the vesting in Den norske Bank AS of the undertaking of Den norske Creditbank a nd for other related purposes. [18 May 1990] Preamble WHEREAS- (1) Bergen Bank A/S (hereinafter called "Bergen Bank") is a company organised under the law of Norway having its registered place of business in Bergen; (2) Den norske Creditbank (hereinafter called "DnC") is a company organised under the law of Norway having its registered place of business in Oslo; (3) DnC is a bank licensed under the Banking Ordinance (Cap 155) and carries on the business of banking in Hong Kong and elsewhere; (4) Bergen Bank carries on the business of banking in Norway and elsewhere; (5) For the better conduct of the businesses of Bergen Bank and DnC, it is expedient that provision be made for the merger of undertakings by which their respective businesses are carried on by merging into Bergen Bank the undertaking of DnC and that that merger of undertakings should be facilitated without interference with the conduct and continuity of the respective businesses of Bergen Bank and DnC; (6) Such merger is to be carried out in accordance with the provisions of the Commercial Bank Act of Norway of 24 May 1961 (Lov om Forretningsbanker av 24. mai 1961, nr. 2) and the provisions of chapter 14 of the Joint-Stock Companies Act of Norway of 4 June 1976 (Lov om Aksjeselskaper av 4. juni 1976, nr. 59) and pursuant thereto, a merger agreement was executed on 23 October 1989 by the Boards of Directors of Bergen Bank and DnC respectively and sanctioned by resolutions passed on 1 November 1989 by the Supervisory Boards of Bergen Bank and DnC respectively and on 28 November 1989 by Extraordinary General Meetings of the shareholders of Bergen Bank and DnC respectively; (7) The implementation of the merger is subject to the approval by the King of Norway and the approval by contracting parties, including creditors, to the extent such approval is required according to legislation or agreement and where the Boards of Directors consider the approval to be of major significance to the merged bank; (8) Upon obtaining the necessary approvals and when the statutory period of 3 months after the official publication in Norway of the merger expires on 5 April 1990, DnC will be registered as dissolved pursuant to chapter 14 of the Joint-Stock Companies Act and its undertaking merged into that of Bergen Bank and at the same time Bergen Bank will change its name to Den norske Bank AS; (9) It is expedient to make provision to facilitate such merger insofar as it relates to that part of the undertaking of DnC which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of DnC. Short title Part III of Evidence Ordinance (Cap 8) Evidence of vesting Interests inland Saving for enactments concerning banking institutions Saving for companies Saving This Ordinance may be cited as the Den norske Bank Ordinance. Notice of appointed day Bergen Bank shall give notice in the Gazette of the day expected to be the appointed day save that, in the event that such day proves not to be the appointed day for any reason, Bergen Bank shall give notice in the Gazette to that effect and shall again give notice in the Gazette of the next day expected to be the appointed day or, as the case may be, of the day which was the appointed day. Recognition of vesting of DnC's undertaking in Den norske Bank On the appointed day that part of the undertaking of DnC which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of DnC shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Den norske Bank to the intent that Den norske Bank shall succeed to such part of the undertaking of DnC as if in all respects Den norske Bank were the same person in law as DnC. Trust property and wills (1) Any property deemed to be vested in Den norske Bank by virtue of this Ordinance which immediately before the appointed day was held by DnC, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Den norske Bank alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in DnC in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, DnC of remuneration for its services in any such fiduciary capacity, shall, on from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to DnC there were substituted a reference to Den norske Bank. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provision of this Ordinance. Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect with respect to matters within Hong Kong or subject to the laws of Hong Kong- (a) All existing contracts, agreements, insurance policies, options, novations, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to DnC (whether alone or with any other person and whether as principal or agent and whether in writing or not) shall be construed and have effect on and from the appointed day as if- (i) Den norske Bank had been a party thereto instead of DnC; (ii) for any reference (however worded and whether express or implied) to DnC there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Den norske Bank; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of DnC were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Den norske Bank or, as the case may require, to such director, officer or employee of Den norske Bank as Den norske Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Den norske Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. (b) Paragraph (a)(ii) shall, subject to the provisions of section 13, apply to any statutory provision, to any provision of any existing contract to which DnC was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between DnC and a customer shall, on the appointed day, be transferred to Den norske Bank and become an account between Den norske Bank and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of Den norske Bank or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to DnC, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to Den norske Bank or, as the case may be, to Den norske Bank jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, DnC, or payable at any place of business of DnC, whether so drawn, given, accepted or endorsed before, on or after the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Den norske Bank, or were payable at the same place of business of Den norske Bank. (f) The custody of any document or record, goods or other thing held by DnC as bailee shall pass to Den norske Bank on the appointed day, and the rights and obligations of DnC under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Den norske Bank. (g) (i) Any security held immediately before the appointed day by DnC, or by a nominee or agent of or trustee for DnC, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Den norske Bank, and be available to Den norske Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security deemed to be vested in Den norske Bank in accordance with the provisions of this Ordinance and any liabilities thereby secured, Den norske Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which DnC would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between DnC and Bergen Bank in respect of which DnC or Bergen Bank, or a nominee or agent of or trustee for DnC or Bergen Bank holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect, notwithstanding the vesting of the undertaking in Den norske Bank; (iv) any security referred to in subparagraph (i),(ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Den norske Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, DnC were secured thereby immediately before that day. (h) Where by virtue of this Ordinance any right or liability of DnC is deemed to become a right or liability of Den norske Bank, Den norske Bank and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Den norske Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against DnC may be continued by or against Den norske Bank. (i) Any judgment or award obtained by or against DnC and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against DnC, become enforceable by or against Den norske Bank. (j) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by DnC, whether alone or with others, before the appointed day. Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by DnC and employment with DnC and Den norske Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of DnC shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Den norske Bank. Pensions (1) The trust deeds and rules constituting or relating to the fund scheme established in Hong Kong and known as the Den norske Creditbank Hong Kong Branch Standard Chartered Provident Plan shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to DnC there were substituted a reference to Den norske Bank. (2) No officer or employee of DnC who is deemed to become an officer or employee of Den norske Bank by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any pension fund of Den norske Bank, and no existing officer or employee of Bergen Bank shall, by virtue of this Ordinance, be entitled to participate in any pension fund of DnC or the Den norske Creditbank Hong Kong Branch Standard Chartered Provident Plan. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against DnC shall be admissible in evidence in respect of the same matter for or against Den norske Bank. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of DnC deemed to be vested in Den norske Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Den norske Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Den norske Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Den norske Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行記錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the deemed vesting of any property and liabilities of DnC in Den norske Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the appointed day, whereby Den norske Bank or DnC, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by DnC immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of DnC in that property is deemed to be vested in Den norske Bank under this Ordinance; (b) where there is any other transaction or purported transaction by Den norske Bank or DnC on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of DnC immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Den norske Bank has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (c) a joint certificate given by or on behalf of DnC and Bergen Bank before the appointed day, or a certificate given by or on behalf of Den norske Bank on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of DnC) is at the date so specified deemed to be vested in Den norske Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (d) nothing in paragraphs (b) and (c) affects the liability of DnC and Bergen Bank to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities; and (e) in this section "convey" (轉讓) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. Interests inland The deemed vesting in Den norske Bank of an interest in land by virtue of this Ordinance shall not- (a) constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Bergen Bank or DnC or any other subsidiary of Bergen Bank or DnC from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of Den norske Bank to alter its articles and memorandum of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of DnC to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the vesting in Hang Lung Bank, Limited of the undertaking of Dao Heng Bank Limited and for other related purposes. [1 June 1990] Preamble WHEREAS- (1) Dao Heng Bank Limited (hereinafter called "Dao Heng Bank") is a company incorporated under the laws of Hong Kong having its registered office in Hong Kong and, as a bank licensed under the Banking Ordinance (Cap 155), carries on the business of banking in Hong Kong; (2) Hang Lung Bank, Limited (hereinafter called "Hang Lung Bank") is a company incorporated under the laws of Hong Kong having its registered office in Hong Kong and, as a bank licensed under the Banking Ordinance (Cap 155), carries on the business of banking in Hong Kong; (3) Hang Lung Bank is a wholly owned subsidiary of Dao Heng Bank; (4) for the better conduct of the business of Dao Heng Bank and Hang Lung Bank, it is expedient that their respective undertakings be merged and that such merger should occur by means of a transfer of the undertaking of Dao Heng Bank to Hang Lung Bank; and (5) in view of the extent of the contractual and other legal relationships affecting the conduct of the undertaking of Dao Heng Bank, it is expedient that the said undertaking be transferred to Hang Lung Bank by this Ordinance. Short title Pensions Evidence: books and documents Part III of Evidence Ordinance (Cap 8) Evidence of vesting and transfer Interests in land Saving for enactments concerning banking institutions Saving for companies Saving This Ordinance may be cited as the Dao Heng Bank Limited Ordinance. Interpretation (1) In this Ordinance, unless the subject or context otherwise requires- "appointed day" (指定日期) means such day as may be appointed pursuant to section 3; "customer" (客戶) means any person having a banking account or other dealing, transaction or arrangement with Dao Heng Bank; "Dao Heng Bank"(道亨銀行) means Dao Heng Bank Limited; "excluded property" (除外財產) means- (a) the common seal of Dao Heng Bank; (b) documents (other than accounting records) required to be kept by Dao Heng Bank pursuant to the Companies Ordinance (Cap 32); (c) the issued share capital of Hang Lung Bank beneficially owned by Dao Heng Bank; and (d) the rights and benefits of Dao Heng Bank arising out of or in connection with the agreement dated 30 September 1989 and made between The Financial Secretary Incorporated and Dao Heng Bank relating to the acquisition by Dao Heng Bank of the shares in Hang Lung Bank; "excluded reserves" (除外儲備) means- (a) non-distributable reserves of $33573948.96; (b) general reserves of such amount as is equal to the value of the excluded property, as recorded in the books of account of Dao Heng Bank on the appointed day, less the nominal amount of the issued share capital of Dao Heng Bank as at the appointed day and the amount of the reserves referred to in paragraph (a) of this definition; and (c) retained earnings of such amount as is equal to the value of the excluded property, as recorded in the books of account of Dao Heng Bank on the appointed day, less the nominal amount of the issued share capital of Dao Heng Bank as at the appointed day and the amount of the reserves referred to in paragraphs (a) and (b) of this definition; "existing" (現有) means existing, outstanding or in force immediately before the appointed day; "Hang Lung Bank" (�痗彿�行) means Hang Lung Bank, Limited; "liabilities" (債務) includes duties and obligations of every description (whether present or future, actual or contingent); "property" (財產) means property and assets of every description wheresoever situate and rights of every description (whether present or future, actual or contingent), and includes property held on trust and securities, benefits and powers of every description but does not include the excluded property; "security" (抵押) includes a mortgage or charge (whether legal or equitable and including any sub-mortgage), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, agreement or undertaking (whether in writing or not) or other means (in each case made, granted, arising or subsisting under any applicable law) of securing payment or discharge of a debt or liability (whether present or future, actual or contingent); "undertaking" (業務) means the business and all existing property, reserves and liabilities of Dao Heng Bank of whatsoever nature other than the excluded property and the excluded reserves; "will" (遺囑) includes a codicil and any other testamentary writing. (2) Any reference in this Ordinance to property or liabilities of Dao Heng Bank is a reference to property or liabilities to which Dao Heng Bank is for the time being entitled or subject (whether beneficially or in any fiduciary capacity), wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by Dao Heng Bank, and whether Dao Heng Bank is entitled to such property or subject to such liabilities under the law of Hong Kong or under the law of any country or territory outside Hong Kong. (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. Appointed day The directors of Dao Heng Bank may appoint a day for the purposes of this Ordinance. Dao Heng Bank and Hang Lung Bank shall give joint notice in the Gazette stating the day so appointed save that, in the event that such day proves not to be the appointed day for any reason, Dao Heng Bank and Hang Lung Bank shall give joint notice in the Gazette to that effect and shall again give joint notice in the Gazette stating the next day so appointed or, as the case may be, the day which was the appointed day. Changes of name, restructuring of capital and revocation of banking licence (1) On the appointed day, by virtue of this Ordinance- (a) the name of Dao Heng Bank shall, in accordance with this section, be changed to "DHB Limited (道亨有限公司)"; (b) the name of Hang Lung Bank shall, in accordance with this section, be changed to "Dao Heng Bank Limited (道亨銀行有限公司)"; (c) the share premium account and capital reserves of Hang Lung Bank shall, in accordance with this section, be cancelled, and the credit arising in the books of account of Hang Lung Bank as a result of the aforesaid cancellation shall be credited to the profit and loss account of Hang Lung Bank; and (d) the banking licence of Dao Heng Bank shall, in accordance with this section, be revoked. (2) Not less than 7 days before the appointed day Dao Heng Bank shall deliver to the Registrar of Companies a copy of this Ordinance together with a minute, signed by a director or the secretary of Hang Lung Bank, confirming the aforesaid cancellation of the share premium account and capital reserves. (3) The Registrar of Companies shall, pursuant to this Ordinance, register the copy of the Ordinance and the minute delivered to him pursuant to subsection (2) and on the appointed day- (a) shall enter the new name of Dao Heng Bank in the register in place of its former name and issue to Dao Heng Bank a certificate of incorporation on change of name stating Dao Heng Bank's new name; (b) shall enter the new name of Hang Lung Bank in the register in place of its former name and issue to Hang Lung Bank a certificate of incorporation on change of name stating Hang Lung Bank's new name; and (c) shall certify under his hand the registration of the Ordinance and the minute which certificate shall be conclusive evidence of the cancellation of the share premium account and capital reserves of Hang Lung Bank. Vesting of the undertaking in Hang Lung Bank (1) On the appointed day the undertaking shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, Hang Lung Bank to the intent that Hang Lung Bank shall succeed to the whole undertaking as if in all respects Hang Lung Bank were the same person in law as Dao Heng Bank. (2) Where the vesting of any property situate in any country or territory outside Hong Kong and forming part of the undertaking is governed otherwise than by the law of Hong Kong, Dao Heng Bank shall, if Hang Lung Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for securing the effective vesting thereof in Hang Lung Bank and, pending such vesting, Dao Heng Bank shall hold any such property in trust for Hang Lung Bank. Trust property and wills (1) Any property deemed to be vested in Hang Lung Bank by virtue of this Ordinance which immediately before the appointed day was held by Dao Heng Bank, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement, will, or other instrument (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Hang Lung Bank alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in Dao Heng Bank, in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, Dao Heng Bank of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Dao Heng Bank there were substituted a reference to Hang Lung Bank. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect- (a) All existing contracts, agreements, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to Dao Heng Bank (whether alone or with any other person and whether as principal or agent and whether in writing or not), other than those entered into, made, given to or by or addressed to Dao Heng Bank in relation to the excluded property (save in respect of the issued share capital of Hang Lung Bank), shall be construed and have effect on and from the appointed day as if- (i) Hang Lung Bank had been a party thereto instead of Dao Heng Bank; (ii) for any reference (however worded and whether express or implied) to Dao Heng Bank there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Hang Lung Bank; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Dao Heng Bank were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Hang Lung Bank or, as the case may require, to such director, officer or employee of Hang Lung Bank as Hang Lung Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Hang Lung Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. (b) Paragraph (a)(ii) shall, subject to the provisions of section 15, apply to any statutory provision, to any provision of any existing contract to which Dao Heng Bank was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between Dao Heng Bank and a customer shall, on the appointed day, be transferred to Hang Lung Bank and become an account between Hang Lung Bank and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of Hang Lung Bank or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to Dao Heng Bank, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to Hang Lung Bank or, as the case may be, to Hang Lung Bank jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, Dao Heng Bank, or payable at any place of business of Dao Heng Bank, whether so drawn, given, accepted or endorsed before, or on the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Hang Lung Bank, or were payable at the same place of business of Hang Lung Bank. (f) The custody of any document or record, goods or other thing held by Dao Heng Bank as bailee shall pass to Hang Lung Bank on the appointed day, and the rights and obligations of Dao Heng Bank under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Hang Lung Bank. (g) (i) Any security held immediately before the appointed day by Dao Heng Bank, or by a nominee or agent of or trustee for Dao Heng Bank, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Hang Lung Bank, and be available to Hang Lung Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security vested in Hang Lung Bank in accordance with the provisions of this Ordinance and any liabilities thereby secured, Hang Lung Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Dao Heng Bank would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between Dao Heng Bank and Hang Lung Bank in respect of which Dao Heng Bank or Hang Lung Bank, or a nominee or agent of or trustee for Dao Heng Bank or Hang Lung Bank holds security, that liability shall, for the purpose of enforcing or realising that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in Hang Lung Bank; (iv) any security referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Hang Lung Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, Dao Heng Bank or, as the case may be, Hang Lung Bank were secured thereby immediately before that day. (h) Where by virtue of this Ordinance any right or liability of Dao Heng Bank is deemed to become a right or liability of Hang Lung Bank, Hang Lung Bank and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Hang Lung Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Dao Heng Bank may be continued by or against Hang Lung Bank. (i) Any judgement or award obtained by or against Dao Heng Bank and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against Dao Heng Bank, become enforceable by or against Hang Lung Bank. (j) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Dao Heng Bank, whether alone or with others, before the appointed day. Accounting treatment of Dao Heng Bank and Hang Lung Bank (1) On and from the appointed day, by virtue of this Ordinance and notwithstanding the provisions of any other Ordinance- (a) the balance sheets and profit and loss accounts of Dao Heng Bank and Hang Lung Bank for the accounting period of each company in which the appointed day falls shall be prepared in all respects as if the undertaking had vested in Hang Lung Bank pursuant to section 5 on the first day of such accounting period of Dao Heng Bank; (b) every existing reserve of Dao Heng Bank (except the excluded reserves) shall be transferred to and for all purposes be and become a reserve of Hang Lung Bank; (c) the amount, description and character of every reserve of Hang Lung Bank which shall come into being pursuant to paragraph (b) shall be the same in all respects as those of the corresponding existing reserve immediately before such appointed day, and all enactments and rules of law shall apply to or in respect of every such reserve of Hang Lung Bank in the same manner in all respects as they applied to or in respect of the corresponding existing reserve immediately before the appointed day; and (d) all property comprising interests in land and buildings forming part of the undertaking shall, for the purposes of preparing the balance sheet of Hang Lung Bank, be deemed to have been acquired by Hang Lung Bank at a value equal to the independent valuation of such property as at 11 October 1989 obtained by Dao Heng Bank adjusted to take account of capital expenditure and depreciation charges thereon up to and including the day immediately preceding the appointed day. (2) Every reference in subsection (1) to an existing reserve shall include a reference to any reserve or similar provision, irrespective of its name or designation (and whether the amount thereof be positive or negative in nature) and, without prejudice to the generality of the foregoing, every such reference shall include a reference to any sums standing to the credit (or debit) of any profit and loss account. (3) Without prejudice to the generality of subsection (1), any profits or losses of Dao Heng Bank earned or incurred after the beginning of the financial year of Dao Heng Bank in which the appointed day shall occur, shall, on and from the appointed day, and by virtue of this Ordinance, be treated for all purposes as profits or, as the case may be, losses, of Hang Lung Bank. Contracts of employment (1) Section 7(a) shall apply to a contract for the employment of any person by Dao Heng Bank; and employment with Dao Heng Bank and Hang Lung Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of Dao Heng Bank shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Hang Lung Bank. Pensions (1) The trust deed and rules constituting or relating to the fund established in Hong Kong and known as the Dao Heng Bank Limited Staff Retirement Plan shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Dao Heng Bank there were substituted a reference to Hang Lung Bank. (2) No officer or employee of Dao Heng Bank who becomes an officer or employee of Hang Lung Bank by virtue of this Ordinance shall, by virtue only of this Ordinance, be entitled to participate in any pension fund of Hang Lung Bank, and no existing officer or employee of Hang Lung Bank shall, by virtue only of this Ordinance, be entitled to participate in the Dao Heng Bank Limited Staff Retirement Plan or any other pension fund of Dao Heng Bank. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Dao Heng Bank shall be admissible in evidence in respect of the same matter for or against Hang Lung Bank. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Dao Heng Bank deemed to be vested in Hang Lung Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Hang Lung Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Hang Lung Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Hang Lung Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行記錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer of any property and liabilities of Dao Heng Bank in Hang Lung Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) a Government Printer's copy of this Ordinance, together with evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, Hang Lung Bank by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Dao Heng Bank to Hang Lung Bank; (b) any deed or other document made or executed on or after the appointed day, whereby Hang Lung Bank or Dao Heng Bank, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by Dao Heng Bank immediately before the appointed day and forming part of the undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Dao Heng Bank in that property is deemed to be vested in Hang Lung Bank under this Ordinance; (c) where there is any other transaction or purported transaction by Hang Lung Bank or Dao Heng Bank on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Dao Heng Bank immediately before that day and forming part of the undertaking, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Hang Lung Bank has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a certificate given by or on behalf of Hang Lung Bank at any time that any property or liability specified in the certificate (which property or liability immediately before the appointed day is the property or liability of Dao Heng Bank) is or, as the case may be, is not, deemed to be vested in Hang Lung Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified. (3) Nothing in subsection (2)(c) or (d) shall affect the liability of Dao Heng Bank and Hang Lung Bank to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities. (4) In subsection (2)- (a) "registered securities"(註冊證券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such a scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not); and (b) "convey" (轉讓) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. (5) Nothing in this section applies to any property falling within section 5(2). Interests in land The vesting in Hang Lung Bank of an interest in land by virtue of this Ordinance shall not- (a) constitute the acquisition, assignment, transfer or parting with possession of that interest for the purposes of sections 53(4)(a), 53(7)(a), 119E(2) or 119H(1)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) operate so as to merge any leasehold interest in the reversion expectant on it; or (c) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning or affecting that interest; or (d) operate as a breach of covenant or condition against alienation; or (e) give rise to any forfeiture, damages or other right of action; or (f) invalidate or discharge any contract or security. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Dao Heng Bank or Hang Lung Bank or any other subsidiary of Dao Heng Bank from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of Hang Lung Bank to alter its articles and memorandum of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of Dao Heng Bank to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To make provision for the incorporation of The Hong Kong Institute of Planners and for matters connected therewith. [10 May 1991] Short title Existing Constitution to become Constitution of the Institute Particulars to be delivered to the Registrar of Companies Saving PART I PRELIMINARY This Ordinance may be cited as The Hong Kong Institute of Planners Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Constitution" (章程) means the Constitution of the Institute referred to in section 10 for the time being in force; "Council" (理事會) means the Council of the Institute established under section 7 ; "Institute" (學會) means The Hong Kong Institute of Planners incorporated by section 3; "member" (會員) means a person whose name is currently included in the Register of members for the time being of the Institute; "President" (會長) means the person referred to as President of the Institute in section 7 or any person acting as President in accordance with the provisions of the Constitution; "Register" (名冊) means the list of members of the Institute kept in accordance with the provisions of the Constitution; "Secretary" (秘書) means the Honorary Secretary of the Institute appointed under the provisions of the Constitution; "year" (年度) means the financial year of the Institute commencing and ending on such dates each year in accordance with the Constitution except that the period from the incorporation of the Institute to the 31st March next thereafter shall be deemed to be a financial year. Incorporation of The Hong Kong Institute of Planners PART II THE HONG KONG INSTITUTE OF PLANNERS (1) The Hong Kong Institute of Planners shall be a body corporate and shall be known as "The Hong Kong Institute of Planners" which shall in that name have perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. (2) The Institute shall have a common seal which shall not be affixed except pursuant to a resolution of the Council and, unless provided otherwise in the Constitution, in the presence of a member of the Council and of the Secretary, or such other person appointed in his place by the Council, each of whom shall sign his name. (3) Any document purporting to be duly executed under the common seal of the Institute authenticated in accordance with subsection (2) shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Objects of the Institute The objects of the Institute are, subject to this Ordinance- (a) to promote and safeguard social, physical and economic development of the urban and rural environment of Hong Kong in the best interest of the community; (b) to promote the general advancement of town planning and to facilitate the acquisition of the knowledge of the various arts and sciences concerned therewith and to raise the standard of the practice of town planning; (c) to promote public awareness of the role of town planning in the community; (d) to promote the education and research in town planning and associated arts and sciences; (e) to maintain the integrity and status of the town planning profession and to represent the views of the town planning profession to the public and the Government; (f) to suppress dishonourable conduct and practices in the town planning profession; (g) to secure the confidence of the community in the employment of professional town planners by admitting into the membership of the Institute only such persons as shall have satisfied the Council that they have adequate knowledge of both the theory and practice of town planning with particular reference to Hong Kong; (h) to conduct interviews or written examinations and to act in such other manner as may be necessary to ascertain whether persons are qualified to be accorded professional recognition by the Institute; (i) to facilitate the exchange of information and ideas with any other institute or association, in Hong Kong or elsewhere, that has similar objects to the Institute; (j) to encourage and foster a spirit of friendly collaboration amongst members of the Institute and with other professional bodies and their members; and (k) to do all such things as are incidental or conducive to the exercise of these functions or the attainment of the above objects. Powers of the Institute Subject to this Ordinance, the Council may, on behalf of the Institute, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institute, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) enter into any contract; (c) provide appropriate amenities for members; (d) employ staff; (e) provide residential accommodation for visiting guests and staff; (f) provide or contribute to pensions for staff; (g) act as trustee in relation to pension schemes and funds for scholarships and prizes; (h) borrow money in such manner and on such securities or terms as the Council deems appropriate or expedient; (i) apply for and receive any grant in aid for the functions of the Institute on such conditions as the Council deems appropriate or expedient; and (j) invest the funds of the Institute in such manner and to such extent as the Council thinks appropriate or expedient. Vesting of property On the commencement of this Ordinance, the Institute shall succeed to all property, rights, privileges, obligations and liabilities of the unincorporated The Hong Kong Institute of Planners. Establishment of Council PART III COUNCIL (1) There is hereby established a Council to be known as the Council of The Hong Kong Institute of Planners. (2) At the commencement of this Ordinance, the Council shall consist of the persons holding the offices of President, Vice-President, Honorary Secretary and Honorary Treasurer of the unincorporated The Hong Kong Institute of Planners immediately before the commencement of this Ordinance, and all other persons who were members of the council of the unincorporated The Hong Kong Institute of Planners immediately before the commencement of this Ordinance. (3) The persons specified in subsection (2) shall hold office until the election of officers and members of the Council at the first annual general meeting of the Institute or otherwise in accordance with the provisions of the Constitution. Powers of the Council The management of the Institute shall be vested in the Council and all the powers of the Institute shall be vested in and exercisable by the Council except so far as this Ordinance or the Constitution otherwise requires. Membership PART IV MEMBERSHIP AND CONSTITUTION The members of the Institute shall be those persons whose names are included in the Register, being- (a) all the members of the unincorporated The Hong Kong Institute of Planners at the commencement of this Ordinance; and (b) other persons elected to membership in accordance with the Constitution. Existing Constitution to become Constitution of the Institute (1) The Constitution of the unincorporated The Hong Kong Institute of Planners at the commencement of this Ordinance shall be adopted as the Constitution of the Institute. (2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy. (3) The Constitution may be amended by the Institute at any time in accordance with its provisions. (4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Particulars to be delivered to the Registrar of Companies PART V GENERAL PROVISIONS (1) Within 14 days after the commencement of this Ordinance the President shall deliver to the Registrar of Companies for registration- (a) notice of the address of the Institute; (b) a list containing the names and addresses of the members of the Council; (c) the name and address of the Secretary. (2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies fore registration a copy of the Constitution as amended, certified by the President as being a true copy. (3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration. (4) Not late than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institute on the last day of the year prepared in accordance with the Constitution and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration. (5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for the inspection of a document under section 305. (6) The Institute shall pay such fees for registering any document under this section as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Institute were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned or referred to in this Ordinance and those claiming by, through, from or under them. Long title An Ordinance to provide for the vesting in Emirates Bank International Limited of the undertaking of Middle East Finance International Limited and for other related purposes. Preamble WHEREAS- (1) Middle East Finance International Limited ("MEFIL") is a company incorporated under the laws of Hong Kong having its registered office in Hong Kong and, as a deposit-taking company registered under the Banking Ordinance (Cap 155), carries on the business of taking deposits in Hong Kong; (2) Emirates Bank International Limited ("Emirates Bank") is a company incorporated in the Emirate of Dubai by decree of His Highness the Ruler of Dubai having its head office in Dubai, and is a restricted licence bank under the Banking Ordinance (Cap 155); (3) MEFIL is a subsidiary of Emirates Bank; (4) for the better conduct of the business of Emirates Bank in Hong Kong, it is expedient that the undertaking of MEFIL be transferred to Emirates Bank; and (5) in view of the extent of the contractual and other legal relationships affecting the conduct of the undertaking of MEFIL, it is expedient that the said undertaking be transferred to Emirates Bank by this Ordinance. [10 July 1992] Short title Provident Fund and Gratuities Evidence: books and documents Part III of Evidence Ordinance (Cap 8) Evidence of vesting and transfer Interests in land Saving for enactments concerning banking institutions Saving for companies Saving This Ordinance may be cited as the Middle East Finance International Limited (Transfer of Undertaking) Ordinance. Interpretation (1) In this Ordinance, unless the subject or context otherwise requires- "appointed day" (指定日期) means such day as may be appointed pursuant to section 3; "customer" (客戶) means any person having an account or other dealing, transaction or arrangement with MEFIL; "Emirates Bank" (聯合酋長銀行) means Emirates Bank International Limited; "excluded property" (除外財產) means- (a) the common seal of MEFIL; (b) documents (other than accounting records) required to be kept by MEFIL pursuant to the Companies Ordinance (Cap 32); and (c) the purchase consideration for the undertaking to be paid by Emirates Bank to MEFIL; "existing" (現有) means existing, outstanding or in force immediately before the appointed day; "liabilities" (債務) includes duties and obligations of every description (whether present or future, actual or contingent); "MEFIL" (中東財務) means Middle East Finance International Limited; "property" (財產) means property and assets of every description wheresoever situate and rights of every description (whether present or future, actual or contingent), and includes property held on trust and securities, benefits and powers of every description but does not include the excluded property; "security" (抵押) includes a mortgage or charge (whether legal or equitable and including any sub-mortgage), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, agreement or undertaking (whether in writing or not) or other means (in each case made, granted, arising or subsisting under any applicable law) of securing payment or discharge of a debt or liability (whether present or future, actual or contingent); "undertaking" (業務) means the business and all existing property, liabilities and provision against assets of MEFIL other than the excluded property; and "will" (遺囑) includes a codicil and any other testamentary writing. (2) Any reference in this Ordinance to property or liabilities of MEFIL is a reference to property or liabilities to which MEFIL is for the time being entitled or subject (whether beneficially or in any fiduciary capacity), wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by MEFIL, and whether MEFIL is entitled to such property or subject to such liabilities under the law of Hong Kong or under the law of any country or territory outside Hong Kong. (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. Appointed day MEFIL and Emirates Bank shall give joint notice in the Gazette stating the day appointed as the appointed day save that, in the event that such day proves not to be the appointed day for any reason, MEFIL and Emirates Bank shall give joint notice in the Gazette to that effect and shall again give joint notice in the Gazette stating the next day so appointed or, as the case may be, the day which was the appointed day. Revocation of registration as a deposit-taking company On the appointed day, by virtue of this Ordinance, the registration of MEFIL as a deposit-taking company shall, in accordance with this section, be revoked. Vesting of the undertaking in Emirates Bank (1) On the appointed day the undertaking shall, by virtue of this Ordinance and without further act or deed, be transferred to, and vest in, Emirates Bank to the intent that Emirates Bank shall succeed to the whole undertaking. (2) Where the vesting of any property situate in any country or territory outside Hong Kong and forming part of the undertaking is governed otherwise than by the law of Hong Kong, MEFIL shall, if Emirates Bank so requires, so soon as is practicable after the appointed day, take all necessary steps for securing the effective vesting thereof in Emirates Bank and, pending such vesting, MEFIL shall hold any such property in trust for Emirates Bank. Trust property and wills (1) Any property vested in Emirates Bank by virtue of this Ordinance which immediately before the appointed day was held by MEFIL, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement, will, or other instrument (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Emirates Bank alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in MEFIL, in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, MEFIL of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to MEFIL there were substituted a reference to Emirates Bank. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect- (a) All existing contracts, agreements, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to MEFIL (whether alone or with any other person and whether as principal or agent and whether in writing or not), other than those entered into, made, given to or by or addressed to MEFIL in relation to the excluded property and the agreement by Emirates Bank to pay the purchase consideration for the undertaking to MEFIL shall be construed and have effect on and from the appointed day as if- (i) Emirates Bank had been a party thereto instead of MEFIL; (ii) for any reference (however worded and whether express or implied) to MEFIL there were substituted, as respects anything falling to be done on or after the appointed day, a reference to Emirates Bank; and (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of MEFIL were, as respects anything falling to be done on or after the appointed day, a reference to the directors of Emirates Bank or, as the case may require, to such director, officer or employee of Emirates Bank as Emirates Bank may appoint for that purpose or, in default of appointment, to the director, officer or employee of Emirates Bank who corresponds as nearly as may be to the first-mentioned director, officer or employee. (b) Paragraph (a)(ii) shall, subject to the provisions of section 15, apply to any statutory provision, to any provision of any existing contract to which MEFIL was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Each account between MEFIL and a customer shall, on the appointed day, be transferred to Emirates Bank and become an account between Emirates Bank and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of Emirates Bank or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Each existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to MEFIL, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to Emirates Bank or, as the case may be, to Emirates Bank jointly with such other person. (e) Each negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, MEFIL, or payable at any place of business of MEFIL, whether so drawn, given, accepted or endorsed before, or on the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by Emirates Bank, or were payable at the same place of business of Emirates Bank. (f) The custody of each document or record, goods or other thing held by MEFIL as bailee shall pass to Emirates Bank on the appointed day, and the rights and obligations of MEFIL under each contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of Emirates Bank. (g) (i) Each security held immediately before the appointed day by MEFIL, or by a nominee or agent of or trustee for MEFIL, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, Emirates Bank, and be available to Emirates Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to each security vested in Emirates Bank in accordance with the provisions of this Ordinance and the liabilities thereby secured, Emirates Bank shall be entitled to the rights and priorities and be subject to the obligations and incidents to which MEFIL would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where an existing liability subsists between MEFIL and Emirates Bank in respect of which MEFIL or Emirates Bank, or a nominee or agent of or trustee for MEFIL or Emirates Bank holds security, that liability shall, for the purpose of enforcing or realising that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in Emirates Bank; (iv) any security referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to Emirates Bank (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, MEFIL or, as the case may be, Emirates Bank were secured thereby immediately before that day. (h) Where by virtue of this Ordinance any right or liability of MEFIL is deemed to become a right or liability of Emirates Bank, Emirates Bank and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of Emirates Bank; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against MEFIL may be continued by or against Emirates Bank. (i) Each judgment or award obtained by or against MEFIL and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against MEFIL, become enforceable by or against Emirates Bank. (j) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by MEFIL, whether alone or with others, before the appointed day. Accounting treatment of MEFIL and Emirates Bank (1) On and from the appointed day, by virtue of this Ordinance and notwithstanding the provisions of any other Ordinance- (a) the balance sheets and profit and loss accounts of MEFIL and Emirates Bank for the accounting period of each company in which the appointed day falls shall be prepared in all respects as if the undertaking had vested in Emirates Bank pursuant to section 5 on the first day of such accounting period of MEFIL; (b) every existing provision against assets of MEFIL shall be transferred to and for all purposes be and become a provision against assets of Emirates Bank; and (c) the amount, description and character of every provision of Emirates Bank which shall come into being pursuant to paragraph (b) shall be the same in all respects as those of the corresponding existing provision immediately before such appointed day, and all enactments and rules of law shall apply to or in respect of every such provision of Emirates Bank in the same manner in all respects as they applied to or in respect of the corresponding existing provision immediately before the appointed day. (2) Every reference in subsection (1) to an existing provision shall include a reference to any such provision, irrespective of its name or designation including the obligation account of MEFIL but not including any sums standing to the credit (or debit) of any profit and loss account or general reserves. (3) Without prejudice to the generality of subsection (1) any agreed tax losses of MEFIL under section 19C(4) of the Inland Revenue Ordinance (Cap 112) to the extent not set-off against the assessable profits of MEFIL shall, on and from the appointed day, and by virtue of this Ordinance, be treated as agreed tax losses of Emirates Bank for the purposes of section 19C(4) of the Inland Revenue Ordinance (Cap 112). Contracts of employment (1) Section 7(a) shall apply to a contract for the employment of any person by MEFIL; and employment with MEFIL and Emirates Bank under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of MEFIL shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Emirates Bank. Provident Fund and Gratuities (1) The rules relating to the MEFIL Provident Fund and the gratuity benefits payable by MEFIL shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to MEFIL there were substituted a reference to Emirates Bank. (2) No officer or employee of MEFIL who becomes an officer or employee of Emirates Bank by virtue of this Ordinance shall, by virtue only of this Ordinance, be entitled to participate in any provident fund or gratuity benefits payable by Emirates Bank and no existing officer or employee of Emirates Bank shall, by virtue only of this Ordinance, be entitled to participate in the MEFIL Provident Fund or the gratuity benefits payable by MEFIL. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against MEFIL shall be admissible in evidence in respect of the same matter for or against Emirates Bank. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of MEFIL deemed to be vested in Emirates Bank by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Emirates Bank. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8) banker's records which are deemed to have become the banker's records of Emirates Bank by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Emirates Bank at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行記錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting and transfer (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer of any property and liabilities of MEFIL in Emirates Bank in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) a Government Printer's copy of this Ordinance, together with evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, Emirates Bank by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from MEFIL to Emirates Bank; (b) any deed or other document made or executed on or after the appointed day, whereby Emirates Bank or MEFIL, whether alone or jointly with any other person, conveys or transfers or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by MEFIL immediately before the appointed day and forming part of the undertaking, whether alone or jointly with any other person, shall be sufficient evidence that the interest of MEFIL in that property is deemed to be vested in Emirates Bank under this Ordinance; (c) where there is any other transaction or purported transaction by Emirates Bank or MEFIL on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of MEFIL immediately before that day and forming part of the undertaking, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Emirates Bank has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a certificate given by or on behalf of Emirates Bank at any time that any property or liability specified in the certificate (which property or liability immediately before the appointed day is the property or liability of MEFIL) is or, as the case may be, is not, deemed to be vested in Emirates Bank under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified. (3) Nothing in subsection (2)(c) or (d) shall affect the liability of MEFIL and Emirates Bank to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities. (4) In subsection (2)- (a) "registered securities" (註冊證券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such a scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not); and (b) "convey" (轉讓) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. (5) Nothing in this section applies to any property falling within section 5(2). Interests in land The vesting in Emirates Bank of an interest in land by virtue of this Ordinance shall not- (a) constitute the acquisition, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a), 53(7)(a), 119E(2) or 119H(1)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) operate so as to merge any leasehold interest in the reversion expectant on it; or (c) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning or affecting that interest; or (d) operate as a breach of covenant or condition against alienation; or (e) give rise to any forfeiture, damages or other right of action; or (f) invalidate or discharge any contract or security. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt MEFIL or Emirates Bank or any subsidiary from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of Emirates Bank to alter its memorandum and articles of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of MEFIL to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving (1) Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (2) Nothing in this Ordinance shall affect the liability of Emirates Bank to pay the purchase consideration for the undertaking to MEFIL. Long title To provide for the deemed transfer to and vesting in The Christian and Missionary Alliance, a Colorado corporation, of all immovable property in Hong Kong of The Christian and Missionary Alliance, a New York corporation; and for other related purposes. [5 May 1992] Preamble WHEREAS- (a) The Christian and Missionary Alliance was prior to the merger hereinafter mentioned a non-profit making religious corporation organized under the Laws of the State of New York having its national office in New York, the United States of America (hereinafter called "CMA, New York"); (b) in accordance with the relevant provisions in Colorado Revised Statutes, Laws of the State of Colorado and effective from 5 May 1992, CMA, New York was merged with a newly formed Colorado corporation, The Christian and Missionary Alliance of Colorado (Colorado Non-profit Corporation) with the latter as the survivor after the merger; (c) simultaneously with the said merger the name of The Christian and Missionary Alliance of Colorado (Colorado Non-profit Corporation) was changed to The Christian and Missionary Alliance (hereinafter called "CMA, Colorado"); (d) prior to the said merger, CMA, New York was the registered owner of certain immovable property in Hong Kong, whether as sole owner or as co-owner with others; or otherwise had a beneficial interest in the same or holding the same in a fiduciary capacity; (e) it is expedient to deem the transfer to and vesting in CMA, Colorado of all immovable property in Hong Kong of CMA, New York. NOW THEREFORE BE IT ENACTED by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows- Short title and commencement (1) This Ordinance may be cited as The Christian and Missionary Alliance (Transfer of Hong Kong Immovable Property) Ordinance. (2) This Ordinance shall have retrospective effect and shall be deemed to have come into operation and become effective for all purposes on 5 May 1992. Interpretation (1) In this Ordinance, unless the context otherwise requires- "CMA, Colorado" (科羅拉多宣道會) means The Christian and Missionary Alliance, a non-profit corporation organized and existing under the Laws of the State of Colorado in the United States of America with its national office in Colorado; "CMA, New York" (紐約宣道會) means The Christian and Missionary Alliance, a non-profit corporation previously organized and existed under the Laws of the State of New York in the United States of America; "effective day" (生效日期) means 5 May 1992; "immovable property" (不動產) means land in Hong Kong whether covered by water or not, any estate, right, interest or easement in or over such land (whether legal or equitable, present or future, actual or contingent), the whole or part of an undivided share in land and things attached to such land or permanently fastened to anything attached to such land and all liabilities, if any, pertaining thereto. (2) Any reference in this Ordinance to the immovable property of CMA, New York is a reference to the immovable property situated in Hong Kong to which CMA, New York was immediately prior to the said merger entitled (whether beneficially or in any fiduciary capacity) wherever in Hong Kong such immovable property is situated. (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. Recognition of transfer to and vesting in CMA, Colorado of immovable property of CMA, New York On the effective day, the immovable property of CMA, New York shall be deemed for the purpose of Hong Kong law to have been transferred to, and vested in, CMA, Colorado to the intent and effect that CMA, Colorado shall succeed to the immovable property of CMA, New York as if in all respects CMA, Colorado were the same person in law as CMA, New York. Trust property and wills Without prejudice to the generality of section 3- (a) any immovable property deemed to have been transferred to and vested in CMA, Colorado by virtue of this Ordinance which immediately before the effective day was held by CMA, New York, whether alone or jointly as co-owner with any other person or persons, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the effective day, be held by CMA, Colorado alone or, as the case may be, jointly as co-owner with such other person or persons, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively; (b) any existing instrument or order of any court under or by virtue of which any immovable property became vested in CMA, New York in any such fiduciary capacity as is referred to in paragraph (a) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, CMA, New York of remuneration for its services in any such fiduciary capacity, shall, on and from the effective day, be construed and have effect, so far as the context permits, as if for any reference therein to CMA, New York there were substituted a reference to CMA, Colorado; and (c) no testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Supplementary provisions Without prejudice to the generality of the foregoing provisions but subject to any provision of this Ordinance to the contrary effect, every contract or instrument relating to any of the immovable property to which CMA, New York is a party (whether in writing or not) shall have effect on and from the effective day as if- (a) CMA, Colorado had been a party thereto instead of CMA, New York; (b) for any reference (however worded and whether express or implied) to CMA, New York there were substituted, as respects anything done or to be done on or after the effective day, a reference to CMA, Colorado; and; (c) any reference (however worded and whether express or implied) to the president or to any president, director, secretary, lawful attorney, officer or employee of CMA, New York was, as respects anything done or to be done on or after the effective day, a reference to the president of CMA, Colorado or, as the case may require, to such president, director, secretary, lawful attorney, officer or employee of CMA, Colorado as CMA, Colorado may appoint for that purpose or, in default of appointment, to the president, director, secretary, lawful attorney, officer or employee of CMA, Colorado who corresponds as nearly as may be to the first-mentioned president, director, secretary, lawful attorney, officer or employee. Evidence: title deeds and documents (1) All title deeds and other documents which would, before the effective day, have been evidence in respect of the immovable property or any part thereof for or against CMA, New York shall be admissible in evidence in respect of the same matter for or against CMA, Colorado. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting of any of the immovable property of CMA, New York in CMA, Colorado in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) any document made or executed on or after the effective day, whereby CMA, Colorado or CMA, New York, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the owner of, any of the immovable property held by CMA, New York immediately before the effective day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of CMA, New York in that property is deemed to be vested in CMA, Colorado under this Ordinance; (b) where there is any other transaction or purported transaction by CMA, Colorado or CMA, New York on or after the effective day in connection with, or in relation to any of the immovable property held by CMA, New York immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that CMA, Colorado has full power and authority for that transaction as if the relevant property or properties in question were deemed to be vested in it under this Ordinance; and (c) in this section "convey" (轉易) includes assign, mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. Interests in land The deemed vesting in CMA, Colorado of an interest in immovable property by virtue of this Ordinance shall not- (a) constitute a purchase conveyance or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7) or section 4(1) or 27(1) of the Stamp Duty Ordinance (Cap 117); or (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To establish a body corporate to manage and control the Kadoorie Farm and Botanic Garden for the public benefit as a centre for conservation and education, and for those purposes to vest in the body corporate the title to the existing Kadoorie Farm and Botanic Garden, and to provide for incidental matters. [20 January 1995] Short title Proceedings of the Board Transaction of business by circulation of papers Corporation to be vested with land, etc. References in documents to the Trustees Saving of employees of the Kadoorie Farm and Botanic Garden Appointment of Executive Director and other employees Employment of technical and professional advisers Power of Corporation to delegate Power of Executive Director to delegate Power to borrow money PART I PRELIMINARY This Ordinance may be cited as the Kadoorie Farm and Botanic Garden Corporation Ordinance. Interpretation Accounts and statements Investment of surplus funds Trustees may obtain information Bylaws Saving In this Ordinance, unless the context otherwise requires- "Association" (協會) means the Incorporated Trustees of the Kadoorie Agricultural Aid Association; "auditor" (核數師) means a certified public accountant within the meaning of section 2 of the Professional Accountants Ordinance (Cap 50); "Board" (董事局) means the Board of the Kadoorie Farm and Botanic Garden Corporation established by section 7(1); "Chairman" (主席) means the Chairman of the Board appointed under section 9 or any other member when acting under section 10 as the Chairman. "Corporation" (公司) means the Kadoorie Farm and Botanic Garden Corporation established by section 3(1); "Executive Director" (執行董事) means the person appointed under section 15(1) to be the Executive Director; "member" (成員) means a member of the Board; "Kadoorie Farm and Botanic Garden" (嘉道理農場暨植物園) means the farm and botanic garden called by that name and situated at Paak Ngau Shek, New Territories and such other land as may be acquired by the Corporation from time to time; "Trustees" (受託人) means the Incorporated Trustees of the Kadoorie Foundation. Functions of the Corporation The functions of the Corporation are- (a) to manage and control the Kadoorie Farm and Botanic Garden for the public benefit as a centre for conservation and education with the aim of increasing the awareness of the environment; (b) to provide a sanctuary for animals and birds; (c) to collaborate with organizations or institutions with similar aims or of a similar nature whether in Hong Kong or elsewhere; (d) to support accepted principles and standards for the protection of biological diversity; and (e) for the purposes set out in this section, to provide related facilities and develop the Kadoorie Farm and Botanic Garden in the manner it thinks fit. General powers of the Corporation (1) The Corporation may do all things necessary for, or incidental or conducive to, the better performance of its functions or a function reasonably incidental to or consequent upon one of those functions. (2) In particular and without prejudice to the general nature of subsection (1), the Corporation may- (a) acquire, take on lease, purchase, hold and enjoy property, movable or immovable, and sell, let or otherwise dispose of or deal with property as it thinks fit; (b) enter into, assign or accept the assignment of, and vary or rescind, any contract or obligation; (c) apply for and receive sponsorships, receive donations, grants and subsidies, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust; (d) erect buildings or other structures on its land, lay roads on its land, make and maintain firebreaks, equip, maintain, alter, remove, demolish, replace, enlarge, improve and keep in repair its buildings, roads, reservoirs, structures, premises, furniture and equipment; (e) appoint agents and contractors to carry out works related to its functions; (f) fix and collect fees, subscriptions and charges and specify conditions for the use of facilities and services provided by it; (g) reduce, waive or refund fees, subscriptions or charges fixed in the exercise of its powers under this section generally or in any particular case or class of case; (h) conduct businesses incidental to the promotion of the Kadoorie Farm and Botanic Garden in accordance with its aims including the operation of shops, restaurants and refreshment outlets at the Kadoorie Farm and Botanic Garden; (i) establish a new body corporate for the purpose of doing anything which the Corporation may do; (j) collaborate with other organizations with a view to promoting the functions of the Corporation; and (k) apply its profits however derived towards the promotion of its functions. (3) The detailed powers set out in subsection (2) are not to be read as an exhaustive list of powers but as a descriptive list of some of the powers of the Corporation. Documents of the Corporation (1) The Corporation may make and execute any document to perform or exercise its functions or powers or for a matter reasonably incidental to or consequential upon performing or exercising its functions or powers. (2) The common seal of the Corporation is affixed as the Board authorizes and is authenticated by the signatures of any 2 members authorized by the Board, either generally or specifically, to act for the purpose. (3) A document purporting to be executed under the seal of the Corporation is admissible in evidence and is, unless the contrary is proved, to be taken to have been duly executed. (4) A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Corporation by a person generally or specifically authorized by the Corporation for that purpose. Establishment of the Board PART III ESTABLISHMENT OF THE BOARD OF THE CORPORATION (1) There is established a Board called the Board of the Kadoorie Farm and Botanic Garden. (2) The Board is the governing and executive body of the Corporation and, as such, performs the functions imposed on the Corporation and may exercise the powers conferred on the Corporation by this Ordinance. Membership of the Board (1) The Board consists of not less than 5 members and not more than 9 members who are appointed by the Trustees. (2) A member holds office for a period of not more than 3 years as the Trustees may determine, but may be re-appointed. (3) A member may at any time resign from the Board by written notice to the Trustees. Chairman and Honorary Chairman of the Board (1) The Trustees shall appoint a Chairman from among the members. (2) The Chairman holds office for a period of not more than 3 years as the Trustees may determine, but may be re-appointed. (3) Sir Horace Kadoorie is appointed the Honorary Chairman during his lifetime. (4) The Chairman acts in addition to the Honorary Chairman. Proceedings of the Board (1) At a meeting of the Board 3 of the members for the time being present at the commencement of and throughout the meeting form a quorum. (2) At a meeting of the Board the Chairman presides. (3) Where the Chairman is absent from Hong Kong or is, for any other reason, unable to perform the functions of his office, the members may appoint one of their number to act as the Chairman during that absence or incapacity of the Chairman. (4) All questions for determination at a meeting of the Board are decided by a majority of votes of the members present and voting on the question and the member presiding has a casting vote in addition to his original vote where there is an equality of votes. (5) Where a member is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation- (a) he is required to disclose the nature of his interest at a meeting of the Board; (b) the Board is required to record the disclosure in its minutes; and (c) the member is not to take part in the deliberation of the Board in relation to the contract except with the permission of the Chairman and is not, in any event, to vote on a question concerning it. (6) Subject to this Ordinance, the Board may determine all arrangements for, procedure at, and conduct of, its meetings. Transaction of business by circulation of papers The Board may transact its business by circulation of papers among members (whether a member is in or outside Hong Kong), and a written resolution which is approved in writing by all of the members is as valid and effectual as if it had been passed at a meeting of the Board. References in documents to the Trustees (1) On the commencement of this Ordinance, a reference to the Trustees or the Association in any document relating to a matter or property vested in the Corporation is read as a reference to the Corporation. (2) For the purposes of this section "document" (文件) does not include any document which relates to the incorporation of the Trustees or the Association. Saving of employees of the Kadoorie Farm and Botanic Garden (1) A person who was, immediately before the commencement of this Ordinance, an employee of the Association and employed at the Kadoorie Farm and Botanic Garden is, on and from the commencement of this Ordinance, an employee of the Corporation on the same terms and conditions as he was an employee of the Association immediately before the commencement of this Ordinance. (2) For the purposes of determining the rights or benefits of an employee on his ceasing service, there is no break in continuity of his service by reason only of this Ordinance. Appointment of Executive Director and other employees PART V STAFF OF THE CORPORATION (1) The Corporation is to appoint an Executive Director, who is responsible to the Corporation for the day to day management and administration of the Kadoorie Farm and Botanic Garden. (2) The Corporation may employ other employees as it thinks fit and determine all matters relating to their remuneration and the terms and conditions of their employment. Employment of technical and professional advisers (1) The Corporation may engage the services of technical and professional advisers to advise the Corporation in matters arising out of or in connection with any of the functions or powers of the Corporation. (2) Matters relating to the remuneration and the terms and conditions of engagement of advisers, and the manner of their engagement, under subsection (1) are determined by the Corporation. Power of Corporation to delegate PART VI DELEGATION The Corporation may, with or without restrictions or conditions as it thinks fit, delegate in writing any of its functions or powers to the Executive Director, other than its power- (a) to appoint the Executive Director; (b) to appoint an auditor; or (c) to make bylaws. Power of Executive Director to delegate (1) The Executive Director may, with or without restrictions or conditions as he thinks fit, delegate in writing to a person as he thinks fit, his functions and powers, including a function or power delegated to him under section 17. (2) The power of the Executive Director to delegate a function or power of the Corporation delegated to him under section 17 and the exercise by a person of a function or power delegated by the Executive Director under subsection (1), are subject to any restriction or condition imposed by the Corporation under section 17. Power to borrow money PART VII FINANCIAL The Corporation may, for the promotion of its functions, borrow money and charge its property as security therefor, and pay interest on the money borrowed. Accounts and statements (1) The Corporation is- (a) to keep proper accounts of all its financial transactions; (b) to prepare for each financial year a statement of the accounts of the Corporation including an income and expenditure account and balance sheet signed by the Chairman. (2) An auditor appointed by the Corporation is to audit the accounts of the Corporation and the signed statement of accounts. (3) The auditor is to certify the statement subject to such report, if any, as he thinks fit. Investment of surplus funds The Corporation may invest such of its funds that are not immediately required in such forms of investments as are set out in Schedule 2 to the Trustee Ordinance (Cap 29). Trustees may obtain information PART VIII MISCELLANEOUS The Corporation is required on request by the Trustees to afford to them sufficient facilities to obtain information on the property and affairs of the Corporation and in the manner and at the times as the Trustees may require to furnish them with returns, accounts and other relevant information and to afford to them facilities for the verification of information furnished. Bylaws (1) The Corporation may, under its seal, make bylaws not inconsistent with this Ordinance for the following purposes- (a) the terms and conditions of access to and use of the Kadoorie Farm and Botanic Garden; (b) the management and control, including the closing or partial closing, of the Kadoorie Farm and Botanic Garden; (c) the fixing of the times during which the Kadoorie Farm and Botanic Garden or any part may be open to members of the public; (d) the use of any equipment, apparatus, fitting or facility provided for use at the Kadoorie Farm and Botanic Garden; (e) the preservation of good order and discipline and prevention of abuses and nuisances in the Kadoorie Farm and Botanic Garden; (f) prohibiting or restricting the killing, hunting, trapping, molesting or disturbance of any form of wildlife within the Kadoorie Farm and Botanic Garden or the taking of, destruction of, or interference with, vegetation within the Kadoorie Farm and Botanic Garden or the doing of anything therein which will interfere with the soil; (g) prohibiting or restricting the lighting of fires within the Kadoorie Farm and Botanic Garden and the prevention of fire hazards; (h) prohibiting or controlling the use of the Kadoorie Farm and Botanic Garden for- (i) picnicking; (ii) barbecuing; (iii) camping; (iv) swimming; (v) hawking; (vi) advertising; (vii) fishing; and (viii) any other similar activities; (i) the control of pollution, including prohibiting littering and the disposal of rubbish, chemicals or other pollutants into any body of water within the Kadoorie Farm and Botanic Garden, and controlling the level of noise within the Kadoorie Farm and Botanic Garden; (j) the control (including prohibition) of trading, advertising or the erection of structures in or on the Kadoorie Farm and Botanic Garden, the removal, storage and sale of trading, advertising or construction materials that are brought into or remain in or on the Kadoorie Farm and Botanic Garden in contravention of any bylaw made under this section, the recovery of any costs incurred for the removal, storage and sale, and the forfeiture of the proceeds of sale; and (k) the better carrying out of the functions and powers of the Corporation. (2) A bylaw made under this section may provide that a contravention of specified provisions is an offence and may prescribe penalties not exceeding a fine at level 2. (3) Without prejudice to any Ordinance relating to the prosecution of criminal offence or to the power of the Attorney General for the prosecution of criminal offences, prosecutions under a bylaw may be brought in the name of the Corporation. (4) The Corporation is to print copies of the bylaws and is to- (a) display them prominently in the Kadoorie Farm and Botanic Garden; (b) keep a copy at its principal office; and (c) make them available for sale to any person at a reasonable cost. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. PROPERTY TO VEST IN THE CORPORATION [section 12] 1. All that piece or parcel of land registered at the Tai Po District Land Registry being the Remaining Portion of Lot No. 1822 in D.D. 10 at Paak Ngau Shek, New Territories, Hong Kong and registered in the name of the Association. 2. All that piece or parcel of land registered at the Tai Po District Land Registry and comprised in Lot No. 18 in D.D. 10 at Paak Ngau Shek, New Territories, Hong Kong and registered in the name of the Kadoorie Agricultural Aid Association. 3. The benefit of the Government Land Licence T19005 in favour of the Association in respect of land used as a fire break at Kwun Yam Shan and Ng Tung Chai in D.D. 10. 4. The benefit of the Short Term Tenancy No. 1352 in favour of the Association in respect of land at Kwun Yam Shan, Yuen Long, New Territories in D.D. 114. Empowering section [31 October 1997] Interpretation Protection of property Protection of grounds, terraces and flower-beds Protection of plants and soil Protection of lakes, ponds and fauna Visitors and animals, etc. Vehicles General behaviour Notices Hunting or trapping device or implement Erection of structures, trading and camping (1) The terms defined in the Ordinance have the same meaning in this Bylaw unless the context otherwise requires. (2) In this Bylaw, unless the context otherwise requires- "fauna" (動物) includes all wildlife, other than flora, and any animal, bird, fish, amphibian, reptile, insect, mammal and includes parts of fauna at any stage of their development whether unborn, living or dead; "flora" (植物) includes- (a) timber, trees, shrubs and fungi; and (b) roots, shoots, leaves, flowers, fruit, tubers, boughs, corms, stocks, cuttings, layers, slips, seeds and any part of the flora whether living or dead; "Garden" (園地) means the Kadoorie Farm and Botanic Garden as described in the Ordinance; "hunting or trapping device or implement" (狩獵器件或工具或陷阱裝置) includes any firearm, airgun, bow, arrow, catapult, net, gin, snare, poison, poisoned weapon, dart, bird lime, chemical, trap, decoy, lure, bright light and any tool for digging, cutting or burning and any device that could be reasonably used for any of the purposes for which these devices or implements may be used; "keeper" (管理人員) means a person appointed under section 2(2) by the Executive Director to be a keeper of the Garden; "soil" (土壤) includes earth, sand, clay, peat, rock and mud; "vehicle" (車輛) includes a barrow, truck, bicycle, tricycle, skate board, roller skate, car and other means of transport for use on land; "visitor" (遊人) means a member of the public admitted to the Garden, through entrances marked and designated by the Executive Director and in accordance with the conditions of entry, other than the Trustees, members of the Board or persons employed by the Corporation. (3) This Bylaw does not apply to the Trustees, members of the Board or persons employed by the Corporation. Executive Director and keepers Unauthorized exploitation of the Garden Offences and penalties Name in which proceedings for offences may be brought (1) The Board may, in its discretion and for the better management of any part of the Garden, delegate all or any part of the powers vested in it to the Executive Director. (2) The Executive Director may appoint keepers of the Garden to assist him with the control of persons within, and the general administration of, the Garden. (3) The Executive Director has the powers and authority of a keeper. A reference in this Bylaw to a keeper includes the Executive Director unless the context otherwise requires. (4) The Executive Director may exempt in writing persons from parts of this Bylaw as he thinks fit and necessary for the proper carrying out of the functions of the Corporation and the Garden. (5) A keeper will produce on request a copy of his appointment as a keeper to a person directed by the keeper to comply with this Bylaw. Access (1) The Garden or any part of the Garden is open to persons subject to this Bylaw and the conditions that the Board or the Executive Director may reasonably impose. (2) A person must only enter the Garden through entrances marked and designated by the Executive Director, and in accordance with the conditions of entry. (3) The Garden or any part of the Garden is open to visitors between the hours and on the days the Executive Director may specify by order posted on an official notice board of the Garden. (4) Except with the written permission of the Executive Director, persons under the age of 16 years are required to be accompanied by a person of at least 18 years of age who is responsible for the activities of the young person. (5) A person must not enter or remain in the Garden or a part of the Garden during the period when the Garden or the part of the Garden is closed to the public unless authorized by a keeper. (6) A person who is not a visitor, keeper, employee of the Corporation, Trustee or member of the Board must not enter the Garden without the permission of the Executive Director or, in the absence of the Executive Director, a keeper. Obstructions to persons or keepers A person must not, in any part of the Garden- (a) wilfully obstruct, disturb, interrupt or annoy any other person in the proper use of the part of the Garden; (b) wilfully obstruct, disturb or interrupt the Executive Director or a keeper in the execution of his duty, or a person lawfully employed or engaged by the Corporation for the execution of any work in the laying out or maintenance of the Garden; or (c) enter or remain in, or in any other way trespass upon, a part of the Garden which is maintained for storage, offices or as a workplace without the consent of the Executive Director or a keeper. Power to direct persons to leave (1) A keeper may direct any person forthwith to leave the Garden or any part of the Garden- (a) whom the keeper has reason to believe has committed, or is about to commit any offence against this Bylaw or any offence punishable under the Summary Offences Ordinance (Cap 228), including offences relating to "public place"; (b) who refuses to obey any reasonable order given to him by a keeper in furtherance of the proper management of the Garden. (2) A person who fails to leave the Garden or a part of the Garden as directed by a keeper commits an offence. (3) A keeper may remove, from the Garden or a part of the Garden, a person who fails to leave the Garden or a part of the Garden after a keeper directs him to leave. (4) A keeper may remove from the Garden a person who is not a visitor. Power to require production of permit, etc. (1) A person to whom a permit is granted under this Bylaw must, on being required to do so by a keeper, produce the permit together with a means of identification for inspection by the keeper. (2) A keeper who has reason to believe that the person has committed an offence under this Bylaw may- (a) require the person to produce a means of identification; (b) search the person and his belongings; and (c) seize any flora, fauna, commodity, article or thing that the keeper has reason to believe is connected to the commission of the offence. (3) The Executive Director must retain anything seized under this section until any legal proceedings for the alleged offence are completed or discontinued and he may then dispose of it as he sees fit. The Executive Director may take the necessary steps to preserve anything seized but the Corporation and the Executive Director are not liable should any seized thing perish. Power to detain (1) The Executive Director or a keeper may detain a person found in the Garden whom the keeper has reason to believe has committed or is committing an offence- (a) in the nature of an assault where a person is injured; (b) relating to destruction of property; or (c) relating to the removal of flora or fauna from the Garden or from one part of the Garden to another part. (2) The keeper must take the person to the Executive Director's office, if he is able, or otherwise contact the Executive Director as soon as possible after detaining the person. (3) The Executive Director may as soon as is reasonably practicable- (a) call the police and detain the person until the police arrive; or (b) release the person. (4) If the person is released, he is required to leave the Garden immediately unless the Executive Director otherwise directs. Admission charges (1) The Board may set a fee for entry into the Garden and a separate fee for entry into a specific part of the Garden specified by the Board by posting a notice on an official notice board at the entrance to the Garden and at the entrance to the specified part. (2) A visitor on entering the Garden or a part of the Garden which the Board has specified as subject to an entrance fee is required to pay the fee the Board has set. (3) The Board may direct that the Garden or a part of the Garden be set aside for the exclusive use of a visitor or visitors subject to the charges or exemption from charges and conditions that the Board determines. Parts or part of the Garden set aside for specified activities (1) The Board may set aside a part of the Garden for particular activities. (2) The Board is required to describe the part set aside in a notice posted in a conspicuous position in the part of the Garden, and the purpose of the activity for which the part is set aside. (3) A person using a part of the Garden and participating in the activity for which the part is set aside must not- (a) undertake an activity other than the activity for which the area is set aside; (b) interfere with any other person undertaking the activity; (c) begin to undertake the activity when the part is already occupied by other persons without their permission or the permission of a keeper, unless the Board has allocated the part for a particular period of time to the other persons and the period has elapsed. Protection of property A person must not- (a) damage or harm any flora or fauna, structure, improvement, wall or fence in or enclosing a part of the Garden, or any equipment or ornament in the Garden; (b) climb a wall or fence in or enclosing a part of the Garden, or a tree, or a barrier, railing, post or other structure; (c) remove any flora or fauna from any part of the Garden to another part of the Garden or from the Garden or remove an implement, equipment or vehicle belonging to the Garden from any part of the Garden to another part of the Garden or from the Garden; (d) carry or have in his possession any flare, flame gun, fire balloon or other similar device; (e) light, or use any fire, or be a member of a group which uses a fire whether or not it was lit by a person in the group; or (f) discard any match, lighter, cigarette, pipe, ash or other substance in a manner that is likely to cause a fire. Protection of grounds, terraces and flower-beds A person must not walk, run, stand, sit or lie upon in or on- (a) any grass, turf or other place where notice to keep off the grass, turf or other place is shown; or (b) a terrace, garden bed, shrub or plant or any ground being prepared as a garden bed or to grow a tree, shrub or plant. Protection of plants and soil A person must not without the consent of a keeper- (a) interfere with, remove or displace any soil; (b) cut, pick or uproot or otherwise damage any flora, moss, lichen or other form of vegetation, or any turf. Protection of lakes, ponds and fauna A person must not- (a) swim, bathe or wash in a lake, pond, stream or water; (b) wade in a lake, pond, stream or water without the permission of a keeper; (c) foul or pollute a lake, pond, stream or water; (d) take, injure, destroy, displace, disturb, ill-treat or harass any fauna or any nest, burrow or resting place; or (e) spread or use a net, or set or use a snare or other device or means to take, injure or destroy any fauna. Visitors and animals, etc. (1) A person must not have in his possession in, or bring into, the Garden, except with the express permission of the Executive Director- (a) any domestic or farm animal, bird, fish; (b) any fauna; or (c) any flora. (2) Subsection (1) does not apply to a guide dog accompanying a blind or partially blind person. (3) A person who brings a domestic animal into the Garden with permission must keep the animal under proper control and effectively restrained from- (a) causing annoyance to any person; (b) harassing or disturbing any fauna; and (c) entering any lake, pool, stream or other water. (4) The Executive Director may require a person bringing a dog into the Garden to restrain the dog on a lead and to fit the dog with a muzzle. (5) A keeper may seize and deliver into the custody of the Agriculture and Fisheries Department or the Society for the Prevention of Cruelty to Animals any animal found in the Garden contrary to this Bylaw. Vehicles (1) A person must not bring in, or ride into, any part of the Garden, a vehicle, or transport a load in the Garden except with the written permission of the Executive Director. (2) This section does not prohibit a person from driving a vehicle in or to a space set aside for parking by a direct route from the entrance to the part of the Garden where the Board sets aside a space in the Garden for parking a specified class of vehicles. (3) Subsection (1) does not apply to- (a) a wheel-chair, perambulator or similar vehicle which is propelled, drawn or carried by hand and used solely for the conveyance of a child or an invalid; or (b) a tricycle used in a part of the Garden by a child with the consent of the keeper of the part of the Garden. (4) If a person brings a vehicle into a part of the Garden, he must keep to the road at all times and must not drive, ride or park it over or on- (a) any flower-bed, shrub, plant or any ground in the course of preparation as a flower-bed or for the growth of any tree, shrub or plant; (b) any part of the Garden where the Board, by a notice set up in a conspicuous position in the Garden, prohibits its being driven, riden or parked. (5) A person in charge of a vehicle in the Garden must stop or proceed as directed by a keeper by signal or otherwise. (6) A person in charge of a vehicle within the Garden must comply with signs and directions relating to speed limits and the manner of driving as the Executive Director designates. (7) A person must not use the helipad in the Garden except with the express permission of the Executive Director. General behaviour (1) A person must behave in an orderly and decent manner and be properly clothed. (2) A person must not behave in any manner to the annoyance of any person. (3) A person must behave in a safe manner. (4) A person must- (a) keep to the paths and roads (other than paths or roads that are not available for public access under this Bylaw); (b) not enter a path or stepway on or through any terrace in the Garden; (c) not enter any structure, area, path or road which is closed with a chain, railing, fence or gate, or marked with a sign stating that it is closed or that there is no entry; (d) observe all signs erected for the purpose of advice, regulation of activity or safety; (e) keep clear of any works area and machinery; (f) not use any obscene language to the annoyance of any person; (g) not spit, throw any litter, paper or rubbish, except into the bins or containers provided for the purpose; (h) not have in his possession or release any hazardous or polluting chemical, pesticide, poison or other pollutant; (i) not gather alms or solicit money without the written permission of the Executive Director; (j) not fly a kite, model aircraft, balloon or other device in the Garden; (k) not operate or play, or make any sounds on, any musical or other instrument, including any sound device, loud hailer, gramophone or radio apparatus, or sing any song or shout without the written permission of the Executive Director; (l) not advertise, deliver a public speech, lecture, prayer, scripture or sermon, or hold or take part in a public gathering, meeting or procession as defined in the Public Order Ordinance (Cap 245) without the written permission of the Executive Director. Notices A person must not except with the Executive Director's written permission display any notice, sign, poster, banner, placard, bill or advertisement or any similar picture, wording or decoration to, or upon any part of any building, wall, post, seat or any other structure forming part of the Garden or to any tree or other natural feature. Hunting or trapping device or implement (1) A person must not carry or have in his possession or discharge any hunting or trapping device or implement. (2) The Executive Director or a keeper may seize a hunting or trapping device or implement or any device that may reasonably be used for digging, cutting or burning found in the Garden or in the possession of a person, and, subject to any requirement to hold the device for any legal proceedings, may destroy the device. Erection of structures, trading and camping (1) A person must not- (a) erect any structure without the permission in writing of the Executive Director; (b) bring in, sell, or offer or expose for sale, or let to hire, or offer or expose for letting to hire, any commodity or article, or provide or offer to provide in return for a remuneration any services, unless under an agreement with the Board; or (c) except with the Executive Director's written permission, camp out. (2) The Executive Director may remove any structure or any building material for the structure which any person brings onto or leaves on any part of the Garden without the Board's written permission or contrary to any conditions set out in the permission. (3) If the structure or materials are unclaimed after a period of 7 days, the Executive Director may forfeit, sell or dispose of it in the manner he thinks fit. (4) The owner of the structure or materials is liable to reimburse the Corporation for the cost of removal and disposal. (5) The Corporation may forfeit all proceeds of sale and other remuneration obtained by a person contrary to this section to itself. Unauthorized exploitation of the Garden A person must not engage in any activity or photograph, film, record, paint, sketch or otherwise reproduce any part of the Garden for financial gain without the written permission of the Executive Director. Offences and penalties A person who contravenes sections 3(2), (4), (5) or (6), 4, 5(2), 6(1), 7(4), 8(2), 9(3), 10, 11, 12, 13, 14(1) or (3), 15(1), (4), (5), (6) or (7), 16(1), (2), (3) or (4), 17, 18(1), 19(1) or 20 is guilty of an offence and is liable on conviction to a fine at level 2. Name in which proceedings for offences may be brought Prosecutions for an offence under this Bylaw may be brought in the name of the Corporation without prejudice to any other enactment for the prosecution of offences and without prejudice to the powers of the Secretary for Justice to prosecute offences. (L.N. 562 of 1997) The common seal of the Kadoorie Farm and Botanic Garden Corporation is affixed to this Bylaw this 24th day of October 1997. Long title An Ordinance to incorporate the Province of the Hong Kong Sheng Kung Hui as a body corporate under the name of the Hong Kong Sheng Kung Hui and to provide for the constituents and certain powers and duties of the Hong Kong Sheng Kung Hui and for incidental matters. [26 February 1999]L.N. 54 of 1999 Short title Delegation Use of seal Accounts Audit Evidentiary provision Regulations Unauthorized use of name Savings (1) This Ordinance may be cited as the Hong Kong Sheng Kung Hui Ordinance. (2) (Omitted as spent) Interpretation In this Ordinance, unless the context otherwise requires- "Chancellor" (法律顧問) means the Chancellor of the Province of the Hong Kong Sheng Kung Hui appointed under the Constitution and Canons; "Constitution and Canons" (憲章及規例) means the Constitution and Canons of the Province of the Hong Kong Sheng Kung Hui; "financial year" (財政年度) means each period of 12 months ending on 31 March; "functions" (職能) includes powers, duties, work and activities; "General Synod" (總議會) means the General Synod of the Province of the Hong Kong Sheng Kung Hui; "Province" (教省) means the Province of the Hong Kong Sheng Kung Hui established and constituted by the Constitution and Canons and incorporated under the corporate name of the Hong Kong Sheng Kung Hui by section 4; "Standing Committee" (常備委員會) means the Standing Committee of the General Synod of the Province provided for and referred to in section 9. Purposes The purposes of this Ordinance are- (a) to incorporate the Province under the corporate name of the Hong Kong Sheng Kung Hui (香港聖公會); (b) to provide for the constituents and certain powers and duties of the Hong Kong Sheng Kung Hui; and (c) to prohibit the unauthorized use of the title "Hong Kong Sheng Kung Hui" (香港聖公會) and similar titles, words and characters likely to mislead or deceive. Incorporation (1) The Province shall be a body corporate under the corporate name of the Hong Kong Sheng Kung Hui (香港聖公會). (2) The Province- (a) has perpetual succession under its corporate name; (b) has and may use a seal; and (c) is capable of suing and being sued in its corporate name. Constitution and Canons of Province (1) The Constitution and Canons of the Province as it existed immediately before the coming into operation of this Ordinance shall continue to be the Constitution and Canons of the Province. (2) The Province shall conduct its functions in accordance with the Constitution and Canons. (3) The Constitution and Canons may be amended from time to time in accordance with their provisions for the time being in force. (4) The office of Chancellor of the Province is to be established and appointments to that office are to be provided for in the Constitution and Canons. Constituents of Province (1) The Province comprises- (a) the Diocese of the Hong Kong Sheng Kung Hui known as the Diocese of Hong Kong Island (香港島教區); (b) the Diocese of the Hong Kong Sheng Kung Hui known as the Diocese of Eastern Kowloon (東九龍教區); (c) the Diocese of the Hong Kong Sheng Kung Hui known as the Diocese of Western Kowloon (西九龍教區); and (d) any additional Dioceses of the Hong Kong Sheng Kung Hui that may be established in accordance with the Constitution and Canons. (2) The General Synod may adjust the boundaries of existing Dioceses to make suitable provision for any additional Dioceses that may be established. Functions of Province (1) The Province shall perform and discharge the functions of the Province stated in the Constitution and Canons. (2) The Province may- (a) acquire, hold, grant any interest in, or any kind of licence in relation to, or otherwise dispose of, land, and acquire, hold or dispose of other property of any description; (b) make contracts or other agreements; (c) invest moneys on deposit with any bank, or upon mortgage of property in Hong Kong, or in debentures, stocks, funds, shares, or securities of any government, corporation or company, or in such other investment as the Standing Committee thinks proper; (d) receive and expend moneys; (e) employ such persons and engage or appoint such consultants, advisers, or agents as the Standing Committee considers necessary upon such terms and conditions as that Committee thinks appropriate; (f) accept donations, grants or subsidies from any persons or government authority or other body or organization, and in particular accept any gift of property, whether subject to any special trust or not, for the benefit of the Province; (g) undertake and execute any trusts which may seem directly or indirectly conducive to the carrying out of any of the purposes of the Province; (h) borrow or otherwise raise money in such manner and on such terms as the Standing Committee thinks proper and charge any part of the property of the Province as security therefor; and (i) subject to this Ordinance, do or suffer all such acts and things as bodies corporate may in general lawfully do or suffer. General Synod of Province (1) The General Synod is the governing authority of the Province. (2) The General Synod comprises 3 Houses, namely- (a) the House of Bishops (consisting of the Archbishop of the Province and the Bishop of each Diocese within the Province); (b) the House of Clergy (consisting of representatives of the clergy of each Diocese within the Province elected in accordance with the Constitution and Canons from amongst those clergy); and (c) the House of Laity (consisting of delegates of the laity of each Diocese within the Province elected in accordance with the Constitution and Canons). Standing Committee of General Synod (1) Subject to the direction of the General Synod, the body responsible for the management of the affairs of the Province is the Standing Committee. (2) The Standing Committee shall be constituted in accordance with the Constitution and Canons from amongst the members of the General Synod. (3) The Standing Committee may determine its own procedure. Delegation (1) The Standing Committee may by resolution delegate any of its functions, other than the power to delegate, to- (a) the Chancellor; or (b) any specified member or members of the Standing Committee. (2) Where the Standing Committee has delegated a function under this section, the Standing Committee may give directions or provide guidelines to the delegate with respect to the exercise of that function. (3) A delegation under this section does not prevent the concurrent performance by the Standing Committee of the function delegated. (4) Where a person purports to act in accordance with a delegation under this section, that person is presumed, unless the contrary is shown, to be acting in accordance with the terms of the delegation. (5) An act or thing done by a delegate under a delegation under this section has the same force and effect as if it had been done by the Standing Committee. Use of seal (1) The seal of the Province shall be affixed only with the authority of a resolution of the Standing Committee. (2) The seal of the Province shall be authenticated by the signatures of the Chancellor and one other member of the Standing Committee, or, if the Chancellor is absent from Hong Kong or is otherwise unavailable to authenticate the seal, by the signatures of the General Secretary of the General Synod and any member of the Standing Committee. (3) Any deed, document or instrument purporting to be duly executed under the seal of the Province shall be received in evidence in any court and shall, unless the contrary is proved, be presumed to have been so executed. Accounts (1) The Standing Committee shall cause proper accounts and records to be kept of all the financial transactions of the Province and shall, as soon as practicable after the end of each financial year, cause a statement of the accounts of the Province to be prepared for that financial year. (2) A statement of accounts prepared under subsection (1) must include an income and expenditure account and a balance sheet. Audit (1) The Standing Committee shall, as soon as practicable after the end of each financial year, submit the statement of the accounts prepared for that year as required by section 12 to a professional accountant (appointed for the purpose by the Standing Committee) for audit. (2) The professional accountant shall prepare a report on the accounts and send the report to the Standing Committee which shall, as soon as practicable, submit a copy of the report and a copy of the statement of accounts to the General Synod. (3) In this section, "professional accountant" (專業會計師) has the meaning given by section 2 of the Professional Accountants Ordinance (Cap 50). Evidentiary provision A certificate under the signature of the Archbishop of the Province, or, if the Archbishop is absent from Hong Kong or is otherwise not available to sign a certificate, under the signature of the Chancellor, that- (a) a person named in the certificate is the Chancellor or the General Secretary of the General Synod (as the case may be); or (b) the persons named in the certificate are the persons constituting the Standing Committee; or (c) the regulations attached to the certificate are the regulations of, and properly made by, the General Synod under this Ordinance, shall be accepted for all purposes as sufficient evidence of the facts stated in the certificate. Regulations (1) The General Synod may, by resolution passed by the majority of its constituent members, make regulations for the administration of the Hong Kong Sheng Kung Hui and the control of its expenditure, the management of its property of all kinds and the performance generally of the Hong Kong Sheng Kung Hui's functions. (2) The General Synod may, by resolution passed by the majority of its constituent members, amend or revoke any regulations made under this section. (3) Regulations made by the General Synod under this section are to be held by the Chancellor and are to be available for inspection at reasonable times. (4) The regulations are not to be regarded as subsidiary legislation. Unauthorized use of name (1) No person shall, without the authority of the Standing Committee, form, or manage or control, or be a member of- (a) any organization or association of persons which claims or purports to be the Hong Kong Sheng Kung Hui or "香港聖公會" or the Sheng Kung Hui or "聖公會" or uses any title, with or without additional words or characters, or any initials or words, which so closely resemble those titles, words or characters as to be likely to deceive or mislead; or (b) any organization or association of persons which by the use of any such title or otherwise purports or claims to be affiliated or connected with the Hong Kong Sheng Kung Hui. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 3. Savings Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title An Ordinance to continue the body corporate known as The Church Body of the Chinese Anglican Church in Hong Kong under the name of the Church Body of the Hong Kong Sheng Kung Hui, to provide for the constitution, powers and duties of the Church Body of the Hong Kong Sheng Kung Hui, and to repeal the Chinese Anglican Church Body Incorporation Ordinance. [26 February 1999]L.N. 55 of 1999 Short title Accounts Audit Evidentiary provision Regulations (Omitted as spent) Transitional Savings (1) This Ordinance may be cited as the Church Body of the Hong Kong Sheng Kung Hui Ordinance. (2) (Omitted as spent) Interpretation In this Ordinance, unless the context otherwise requires- "Chancellor" (法律顧問) means the Chancellor of the Province of the Hong Kong Sheng Kung Hui appointed under the Constitution and Canons; "Church Body" (管業委員會) means the Church Body of the Hong Kong Sheng Kung Hui constituted under section 5; "Constitution and Canons" (憲章及規則) means the Constitution and Canons of the Province of the Hong Kong Sheng Kung Hui referred to in the Hong Kong Sheng Kung Hui Ordinance (Cap 1157); "Executive Committee" (執行委員會) means the Executive Committee of the Church Body provided for and referred to in section 7; "financial year" (財政年度) means each period of 12 months ending on 31 March; "functions" (職能) includes powers, duties, work and activities; "General Synod" (總議會) means the General Synod of the Province of the Hong Kong Sheng Kung Hui; "Province" (教省) means the Province of the Hong Kong Sheng Kung Hui established and constituted by the Constitution and Canons. Purposes The purposes of this Ordinance are- (a) to continue in existence as a body corporate The Church Body of the Chinese Anglican Church in Hong Kong under the corporate name of the Church Body of the Hong Kong Sheng Kung Hui (香港聖公會管業委員會); (b) to provide for the constitution and functions of the Church Body; and (c) to enable property to be held by the Church Body. Incorporation of Church Body (1) The body corporate established and constituted under sections 2 and 4 of the Chinese Anglican Church Body Incorporation Ordinance (Cap 1012) as The Church Body of the Chinese Anglican Church in Hong Kong is preserved and continues in existence as a body corporate for the purposes of this Ordinance under the corporate name of the Church Body of the Hong Kong Sheng Kung Hui (香港聖公會管業委員會). (2) The corporate identity and the rights and obligations of the body corporate referred to in subsection (1) are not affected by the repeal by this Ordinance of the Chinese Anglican Church Body Incorporation Ordinance (Cap 1012). (3) The Church Body- (a) has perpetual succession under its corporate name; (b) has and may use a seal; and (c) is capable of suing and being sued in its corporate name. Constitution of Church Body (1) The Church Body has the following members- (a) the Archbishop of the Province; (b) the Chancellor; (c) the Archdeacon of each Diocese within the Province; (d) the General Secretary of the General Synod; (e) 6 persons elected by and as representatives of the General Synod; and (f) 2 persons in respect of each Diocese within the Province, elected by and as representatives of the Synod of that Diocese. (2) The Archbishop of the Province is the chairman of the Church Body and the Chancellor is the deputy chairman. Powers of Church Body (1) The Church Body may- (a) acquire, hold, grant any interest in, or any kind of licence in relation to, or otherwise dispose of, land, and acquire, hold or dispose of other property of any description; (b) make contracts or other agreements; (c) invest moneys on deposit with any bank, or upon mortgage of property in Hong Kong, or in debentures, stocks, funds, shares, or securities of any government, corporation or company, or in such other investment as the Executive Committee thinks proper; (d) receive and expend moneys; (e) employ such persons and engage or appoint such consultants, advisers, or agents as the Executive Committee considers necessary upon such terms and conditions as that Committee thinks appropriate; (f) accept donations, grants or subsidies from any persons or government authority or other body or organization, and in particular accept any gift of property, whether subject to any special trust or not, for the benefit of the Church Body; (g) undertake and execute any trusts which may seem directly or indirectly conducive to the carrying out of any of the purposes of the Church Body; and (h) subject to this Ordinance, do or suffer all such acts and things as bodies corporate may in general lawfully do or suffer. (2) Without affecting the generality of the powers in subsection (1), the Church Body has power- (a) either alone or jointly with other persons, to improve, develop, redevelop and turn to account any land belonging to the Church Body or in which the Church Body has or may acquire a sufficient interest by reconstructing, altering and demolishing buildings and by constructing new buildings of any kind; (b) to obtain vacant possession by any lawful means of any land belonging to the Church Body or in which the Church Body has or may acquire a sufficient interest and of any buildings on such land; (c) to pay compensation to occupiers vacating any land or buildings; (d) to borrow or raise or secure the payment of money in such manner as the Church Body thinks proper for the purpose of developing any land belonging to the Church Body or in which the Church Body has or may acquire a sufficient interest and for payment of compensation to occupiers for vacating any such land or any buildings on that land; (e) to lay out and prepare land for building purposes, to let land on building leases and to enter into building agreements, and for such purposes to apply to any tribunal or court or authority for any order, licence, permission, or exemption that may be required. Executive Committee of Church Body (1) The governing body responsible for the management of the affairs of the Church Body is the Executive Committee which shall, in accordance with the regulations, be constituted from amongst the constituent members of the Church Body. (2) Except as provided in the regulations, the Executive Committee may determine its own procedure. Delegation (1) The Executive Committee may by resolution delegate any of its functions, other than the power to delegate, to- (a) the Chancellor; or (b) any specified member or members of the Executive Committee. (2) Where the Executive Committee has delegated a function under this section, the Executive Committee may give directions or provide guidelines to the delegate with respect to the exercise of that function. (3) A delegation under this section does not prevent the concurrent performance by the Executive Committee of the function delegated. (4) Where a person purports to act in accordance with a delegation under this section, that person is presumed, unless the contrary is shown, to be acting in accordance with the terms of the delegation. (5) An act or thing done by a delegate under a delegation under this section has the same force and effect as if it had been done by the Executive Committee. Use of seal (1) The seal of the Church Body shall be affixed only with the authority of a resolution of the Executive Committee. (2) The seal of the Church Body shall be authenticated by the signatures of the Chancellor and one other member of the Executive Committee, or, if the Chancellor is absent from Hong Kong or is otherwise unavailable to authenticate the seal, by the signatures of the General Secretary of the General Synod and any member of the Executive Committee. (3) Any deed, document or instrument purporting to be duly executed under the seal of the Church Body shall be received in evidence in any court and shall, unless the contrary is proved, be presumed to have been so executed. Accounts (1) The Executive Committee shall cause proper accounts and records to be kept of all the financial transactions of the Church Body and shall, as soon as practicable after the end of each financial year, cause a statement of the accounts of the Church Body to be prepared for that financial year. (2) A statement of accounts prepared under subsection (1) must include an income and expenditure account and a balance sheet. Audit (1) The Executive Committee shall, as soon as practicable after the end of each financial year, submit the statement of the accounts prepared for that year as required by section 10 to a professional accountant (appointed for the purpose by the Executive Committee) for audit. (2) The professional accountant shall prepare a report on the accounts and send the report to the Executive Committee which shall, as soon as practicable, send a copy of the report and a copy of the statement of accounts to the Standing Committee of the General Synod. (3) In this section, "professional accountant" (專業會計師) has the meaning given by section 2 of the Professional Accountants Ordinance (Cap 50). Evidentiary provision A certificate under the signature of the Archbishop of the Province or, if the Archbishop is absent from Hong Kong or is otherwise not available to sign a certificate, under the signature of the Chancellor, that- (a) the person named in the certificate is the Chancellor; (b) the persons named in the certificate are the persons constituting the Church Body or the persons constituting the Executive Committee; or (c) the regulations attached to the certificate are the regulations of, and properly made by, the General Synod under this Ordinance, shall be accepted for all purposes as sufficient evidence of the facts stated in the certificate. Regulations (1) The General Synod may, by resolution passed by the majority of its constituent members, make regulations for the administration of the Church Body and the control of its expenditure, the management of its property of all kinds and the performance generally of the Church Body's functions. (2) The General Synod may, by resolution passed by the majority of its constituent members, amend or revoke any regulations made under this section. (3) Regulations made by the General Synod under this section are to be held by the Chancellor and are to be available for inspection at reasonable times. (4) The regulations are not to be regarded as subsidiary legislation. Transitional (1) This section applies to any vested or contingent gift or disposition, made either before or after the commencement of this Ordinance, by will, deed, testamentary disposition, or in any other manner for the benefit of The Church Body of the Chinese Anglican Church in Hong Kong. (2) A gift or disposition to which this section applies is to be construed for all purposes after the commencement of this Ordinance as if the gift were expressed to be for the benefit of the Church Body, and a receipt given by the Chancellor on behalf of the Church Body shall be a sufficient discharge to any person making a payment or otherwise acting in respect of such a gift or disposition in accordance with this subsection. Savings Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title An Ordinance to continue the corporation sole called The Bishop of Victoria, Hong Kong as a body corporate under the name of the Hong Kong Sheng Kung Hui Foundation, to provide for the constitution, powers and duties of the Hong Kong Sheng Kung Hui Foundation, and to repeal the Bishop of Victoria Incorporation Ordinance. [26 February 1999]L.N. 56 of 1999 Short title Accounts Audit Evidentiary provision Regulations (Omitted as spent) Transitional Savings (1) This Ordinance may be cited as the Hong Kong Sheng Kung Hui Foundation Ordinance. (2) (Omitted as spent) Interpretation In this Ordinance, unless the context otherwise requires- "Chancellor" (法律顧問) means the Chancellor of the Province of the Hong Kong Sheng Kung Hui appointed under the Constitution and Canons; "Constitution and Canons" (憲章及規例) means the Constitution and Canons of the Province of the Hong Kong Sheng Kung Hui referred to in the Hong Kong Sheng Kung Hui Ordinance (Cap 1157); "Executive Committee" (執行委員會) means the Executive Committee of the Foundation provided for and referred to in section 7; "financial year" (財政年度) means each period of 12 months ending on 31 March; "Foundation" (基金) means the Hong Kong Sheng Kung Hui Foundation constituted under section 5; "functions" (職能) includes powers, duties, work and activities; "General Synod" (總議會) means the General Synod of the Province of the Hong Kong Sheng Kung Hui; "Province" (教省) means the Province of the Hong Kong Sheng Kung Hui established and constituted by the Constitution and Canons. Purposes The purposes of this Ordinance are- (a) to continue in existence as a body corporate the corporation sole called The Bishop of Victoria, Hong Kong under the corporate name of the Hong Kong Sheng Kung Hui Foundation (香港聖公會基金); (b) to provide for the constitution and functions of the Foundation; and (c) to enable property to be held by the Foundation on behalf of the Province of the Hong Kong Sheng Kung Hui (香港聖公會教省). Incorporation of Foundation (1) The corporation sole established under section 2 of the Bishop of Victoria Incorporation Ordinance (Cap 1004) as The Bishop of Victoria, Hong Kong is preserved and continues in existence as a body corporate for the purposes of this Ordinance under the corporate name of the Hong Kong Sheng Kung Hui Foundation (香港聖公會基金). (2) The corporate identity and the rights and obligations of the corporation referred to in subsection (1) are not affected by the repeal by this Ordinance of the Bishop of Victoria Incorporation Ordinance (Cap 1004). (3) The Foundation- (a) has perpetual succession under its corporate name; (b) has and may use a seal; and (c) is capable of suing and being sued in its corporate name. Constitution of Foundation (1) The Foundation has the following members- (a) the Archbishop of the Province; (b) the Chancellor; (c) the Bishop of each Diocese within the Province; (d) the General Secretary of the General Synod; (e) 6 persons elected by and as representatives of the General Synod; and (f) 2 persons in respect of each Diocese within the Province, elected by and as representatives of the Synod of that Diocese. (2) The Archbishop of the Province is the chairman of the Foundation and the Chancellor is the deputy chairman. Powers of Foundation (1) The Foundation may- (a) acquire, hold, grant any interest in, or any kind of licence in relation to, or otherwise dispose of, land, and acquire, hold or dispose of other property of any description; (b) make contracts or other agreements; (c) invest moneys on deposit with any bank, or upon mortgage of property in Hong Kong, or in debentures, stocks, funds, shares, or securities of any government, corporation or company, or in such other investment as the Executive Committee thinks proper; (d) receive and expend moneys; (e) employ such persons and engage or appoint such consultants, advisers, or agents as the Executive Committee considers necessary upon such terms and conditions as that Committee thinks appropriate; (f) accept donations, grants or subsidies from any persons or government authority or other body or organization, and in particular accept any gift of property, whether subject to any special trust or not, for the benefit of the Foundation; (g) undertake and execute any trusts which may seem directly or indirectly conducive to the carrying out of any of the purposes of the Foundation; and (h) subject to this Ordinance, do or suffer all such acts and things as bodies corporate may in general lawfully do or suffer. (2) Without affecting the generality of the powers in subsection (1), the Foundation has power- (a) either alone or jointly with other persons, to improve, develop, redevelop and turn to account any land belonging to the Foundation or in which the Foundation has or may acquire a sufficient interest by reconstructing, altering and demolishing buildings and by constructing new buildings of any kind; (b) to obtain vacant possession by any lawful means of any land belonging to the Foundation or in which the Foundation has or may acquire a sufficient interest and of any buildings on such land; (c) to pay compensation to occupiers vacating any land or buildings; (d) to borrow or raise or secure the payment of money in such manner as the Foundation thinks proper for the purpose of developing any land belonging to the Foundation or in which the Foundation has or may acquire a sufficient interest and for payment of compensation to occupiers for vacating any such land or any buildings on that land; (e) to lay out and prepare land for building purposes, to let land on building leases and to enter into building agreements, and for such purposes to apply to any tribunal or court or authority for any order, licence, permission, or exemption that may be required. Executive Committee of Foundation (1) The governing body responsible for the management of the affairs of the Foundation is the Executive Committee which shall, in accordance with the regulations, be constituted from amongst the constituent members of the Foundation. (2) Except as provided in the regulations, the Executive Committee may determine its own procedure. Delegation (1) The Executive Committee may by resolution delegate any of its functions, other than the power to delegate, to- (a) the Chancellor; or (b) any specified member of the Executive Committee. (2) Where the Executive Committee has delegated a function under this section, the Executive Committee may give directions or provide guidelines to the delegate with respect to the exercise of that function. (3) A delegation under this section does not prevent the concurrent performance by the Executive Committee of the function delegated. (4) Where a person purports to act in accordance with a delegation under this section, that person is presumed, unless the contrary is shown, to be acting in accordance with the terms of the delegation. (5) An act or thing done by a delegate under a delegation under this section has the same force and effect as if it had been done by the Executive Committee. Use of seal (1) The seal of the Foundation shall be affixed only with the authority of a resolution of the Executive Committee. (2) The seal of the Foundation shall be authenticated by the signatures of the Chancellor and one other member of the Executive Committee, or, if the Chancellor is absent from Hong Kong or is otherwise unavailable to authenticate the seal, by the signatures of the General Secretary of the General Synod and any member of the Executive Committee. (3) Any deed, document or instrument purporting to be duly executed under the seal of the Foundation shall be received in evidence in any court and shall, unless the contrary is proved, be presumed to have been so executed. Accounts (1) The Executive Committee shall cause proper accounts and records to be kept of all the financial transactions of the Foundation and shall, as soon as practicable after the end of each financial year, cause a statement of the accounts of the Foundation to be prepared for that financial year. (2) A statement of accounts prepared under subsection (1) must include an income and expenditure account and a balance sheet. Audit (1) The Executive Committee shall, as soon as practicable after the end of each financial year, submit the statement of the accounts prepared for that year as required by section 10 to a professional accountant (appointed for the purpose by the Executive Committee) for audit. (2) The professional accountant shall prepare a report on the accounts and send the report to the Executive Committee which shall, as soon as practicable, send a copy of the report and a copy of the statement of accounts to the Standing Committee of the General Synod. (3) In this section, "professional accountant" (專業會計師) has the meaning given by section 2 of the Professional Accountants Ordinance (Cap 50). Evidentiary provision A certificate under the signature of the Archbishop of the Province or, if the Archbishop is absent from Hong Kong or is otherwise not available to sign a certificate, under the signature of the Chancellor, that- (a) the person named in the certificate is the Chancellor; (b) the persons named in the certificate are the persons who are the members constituting the Foundation or the persons constituting the Executive Committee; or (c) the regulations attached to the certificate are the regulations of, and properly made by, the General Synod under this Ordinance, shall be accepted for all purposes as sufficient evidence of the facts stated in the certificate. Regulations (1) The General Synod may, by resolution passed by the majority of its constituent members, make regulations for the administration of the Foundation and the control of its expenditure, the management of its property of all kinds and the performance generally of the Foundation's functions. (2) The General Synod may, by resolution passed by the majority of its constituent members, amend or revoke any regulations made under this section. (3) Regulations made by the General Synod under this section are to be held by the Chancellor and are to be available for inspection at reasonable times. (4) The regulations are not to be regarded as subsidiary legislation. Transitional (1) This section applies to any vested or contingent gift or disposition, made either before or after the commencement of this Ordinance, by will, deed, testamentary disposition, or in any other manner for the benefit of The Bishop of Victoria, Hong Kong. (2) A gift or disposition to which this section applies is to be construed for all purposes after the commencement of this Ordinance as if the gift were expressed to be for the benefit of the Foundation, and a receipt given by the Chancellor on behalf of the Foundation shall be a sufficient discharge to any person making a payment or otherwise acting in respect of such a gift or disposition in accordance with this subsection. Savings Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for facilitating the vesting in The Bank of Tokyo-Mitsubishi, Ltd. of the undertaking of The Bank of Tokyo, Ltd.; and for other related purposes. [23 February 1996] Preamble WHEREAS- (1) The Mitsubishi Bank, Limited (hereinafter called "Mitsubishi Bank") is a company organized under the law of Japan having its registered place of business at Tokyo; (2) The Bank of Tokyo, Ltd. (hereinafter called "Bank of Tokyo") is a company organized under the law of Japan having its registered place of business at Tokyo; (3) both Mitsubishi Bank and Bank of Tokyo are banks licensed under the Banking Ordinance (Cap 155) and carrying on the business of banking in Hong Kong and elsewhere; (4) a merger agreement executed on 19 May 1995 on behalf of Mitsubishi Bank and Bank of Tokyo was approved at the respective shareholders' meetings of Mitsubishi Bank and Bank of Tokyo both held on 29 June 1995; (5) the merger agreement has provided for the undertaking of Bank of Tokyo to be succeeded to by Mitsubishi Bank and the name of Mitsubishi Bank to be changed to The Bank of Tokyo-Mitsubishi, Ltd. on the appointed day; (6) the merger to be effected pursuant to the merger agreement will be required to be registered with the Commercial Registries under the provision of the Law concerning Merger and Conversion of Financial Institutions of Japan and the Commercial Code of Japan; (7) on the completion of the registration of such merger with the Commercial Registries, Bank of Tokyo will be dissolved under the provisions of the Law concerning Merger and Conversion of Financial Institutions of Japan and the Commercial Code of Japan; (8) in view of the extent of the contractual and other legal relationships affecting the conduct of the undertaking of Bank of Tokyo, it is expedient to make provision to facilitate such merger insofar as it relates to that part of the undertaking of Bank of Tokyo which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of Bank of Tokyo without interference with the conduct and continuity of the respective businesses of Bank of Tokyo and Mitsubishi Bank in Hong Kong. Short title Evidence: books and documents Part III of Evidence Ordinance (Cap 8) Evidence of vesting Transfers governed otherwise than by law of Hong Kong Interests in land Completion and deduction of title to property Saving for enactments concerning banking institutions Saving for companies Saving This Ordinance may be cited as the Bank of Tokyo-Mitsubishi Ordinance. Interpretation (1) In this Ordinance, unless the subject or context otherwise requires- "appointed day" (指定日期) means the day on which the merger is to be effected pursuant to the terms of the merger agreement and the name of Mitsubishi Bank changed to The Bank of Tokyo-Mitsubishi, Ltd.; "Bank of Tokyo" (東京銀行) means The Bank of Tokyo, Ltd.; "Bank of Tokyo-Mitsubishi" (東京三菱銀行) means The Bank of Tokyo-Mitsubishi, Ltd.; "Commercial Registries" (商業登記處) means the numerous commercial registries located throughout Japan with whom commercial registrations of the merger pursuant to the merger agreement must be registered by the head office and branch offices of Bank of Tokyo-Mitsubishi in operation as at the appointed day; "customer" (客戶) means any person having a banking account or other dealing, transaction or arrangement with Bank of Tokyo or, as the case may be, Mitsubishi Bank; "existing" (現有) means existing, outstanding or in force immediately before the appointed day; "liabilities" (法律責任) includes duties and obligations of every description (whether present or future, actual or contingent); "merger agreement" (合併協議) means the merger agreement executed on 19 May 1995 on behalf of Bank of Tokyo and Mitsubishi Bank, and approved by their respective shareholders' resolutions on 29 June 1995; "Mitsubishi Bank" (三菱銀行) means The Mitsubishi Bank, Limited which name will be changed to The Bank of Tokyo-Mitsubishi, Ltd. on the appointed day; "property" (財產) means property and assets of every description and rights of every description (whether present or future, actual or contingent), and includes property held on trust and securities, benefits and powers of every description; "security" (抵押) includes a mortgage or charge (whether legal or equitable and including any sub-mortgage), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, agreement or undertaking (whether in writing or not) or other means (in each case made, granted, arising or subsisting under any applicable law) of securing payment or discharge of a debt or liability (whether present or future, actual or contingent); "undertaking" (業務) means the business and all existing property and liabilities of Bank of Tokyo of whatsoever nature; "will" (遺囑) includes a codicil and any other testamentary writing. (2) Any reference in this Ordinance to property or liabilities of Bank of Tokyo is a reference to property or liabilities to which Bank of Tokyo is for the time being entitled or subject (whether beneficially or in any fiduciary capacity), wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by Bank of Tokyo, and whether Bank of Tokyo is entitled to such property or subject to such liabilities under the law of Hong Kong or under the law of any country or territory outside Hong Kong. (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. Notice of appointed day Mitsubishi Bank shall give notice in the Gazette of the day expected to be the appointed day save that, in the event that such day proves not to be the appointed day for any reason, Mitsubishi Bank shall give notice in the Gazette to that effect and shall again give notice in the Gazette of the next day expected to be the appointed day or, as the case may be, Bank of Tokyo-Mitsubishi shall give notice in the Gazette of the day which was the appointed day. Recognition of vesting of Bank of Tokyo's undertaking in Bank of Tokyo-Mitsubishi On the appointed day that part of the undertaking of Bank of Tokyo which is governed by Hong Kong law or the transfer of which is governed by Hong Kong law or which is derived from the Hong Kong business of Bank of Tokyo shall be deemed for the purpose of Hong Kong law to be transferred to, and vest in, Bank of Tokyo-Mitsubishi to the intent that Bank of Tokyo-Mitsubishi shall succeed to such part of the undertaking of Bank of Tokyo as if in all respects Bank of Tokyo-Mitsubishi were the same person in law as Bank of Tokyo. Trust property and wills (1) Any property deemed to be vested in Bank of Tokyo-Mitsubishi by virtue of this Ordinance which immediately before the appointed day was held by Bank of Tokyo, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court or otherwise), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by Bank of Tokyo-Mitsubishi alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in Bank of Tokyo in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, Bank of Tokyo of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Bank of Tokyo there were substituted a reference to Bank of Tokyo-Mitsubishi. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Contracts of employment (1) Section 6(a) shall apply to a contract for the employment of any person by Bank of Tokyo and employment with Bank of Tokyo and Bank of Tokyo-Mitsubishi under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of Bank of Tokyo shall by virtue only of this Ordinance become a director or, as the case may be, auditor of Bank of Tokyo-Mitsubishi. Provident funds and gratuity benefits (1) The rules relating to the Bank of Tokyo Hong Kong Local Staff Provident Fund and the gratuity benefits payable by Bank of Tokyo shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Bank of Tokyo there were substituted a reference to Bank of Tokyo-Mitsubishi. (2) No officer or employee of Bank of Tokyo who becomes an officer or employee of Bank of Tokyo-Mitsubishi by virtue of this Ordinance shall by virtue only of this Ordinance be entitled to participate in any provident fund of or gratuity benefits payable by Bank of Tokyo-Mitsubishi, and no existing officer or employee of Mitsubishi Bank shall, by virtue only of this Ordinance, be entitled to participate in the Bank of Tokyo Hong Kong Local Staff Provident Fund or the gratuity benefits payable by Bank of Tokyo. Waiver of prohibition of merger (1) Any provision contained in any contract prohibiting or having the effect of prohibiting the merger to be implemented by Bank of Tokyo and Mitsubishi Bank under the merger agreement and to which either Bank of Tokyo or, as the case may be, Mitsubishi Bank is a party shall be deemed by this Ordinance to have been waived. (2) Any provision contained in any contract to the effect that a default shall occur or be deemed to occur as a result of the merger to be implemented by Bank of Tokyo and Mitsubishi Bank under the merger agreement and to which either Bank of Tokyo or, as the case may be, Mitsubishi Bank is a party shall be deemed by this Ordinance to have been waived. (3) Nothing in this section applies to any contract to which Bank of Tokyo in Hong Kong or Mitsubishi Bank in Hong Kong is not a party. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Bank of Tokyo shall be admissible in evidence in respect of the same matter for or against Bank of Tokyo-Mitsubishi. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Bank of Tokyo deemed to be vested in Bank of Tokyo-Mitsubishi by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of Bank of Tokyo-Mitsubishi. (2) For the purposes of section 20 of the Evidence Ordinance (Cap 8), banker's records which are deemed to have become the banker's records of Bank of Tokyo-Mitsubishi by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of Bank of Tokyo-Mitsubishi at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section "banker's records" (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the deemed vesting of any property and liabilities of Bank of Tokyo in Bank of Tokyo-Mitsubishi in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) a Government Printer's copy of this Ordinance, together with such evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, Bank of Tokyo-Mitsubishi by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Bank of Tokyo to Bank of Tokyo-Mitsubishi; (b) any deed or other document made or executed on or after the appointed day, whereby Bank of Tokyo-Mitsubishi or Bank of Tokyo, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by Bank of Tokyo immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Bank of Tokyo in that property is deemed to be vested in Bank of Tokyo-Mitsubishi under this Ordinance; (c) where there is any other transaction or purported transaction by Bank of Tokyo-Mitsubishi or Bank of Tokyo on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Bank of Tokyo immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that Bank of Tokyo-Mitsubishi has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a joint certificate given by or on behalf of Bank of Tokyo and Mitsubishi Bank before the appointed day, or a certificate given by or on behalf of Bank of Tokyo-Mitsubishi on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of Bank of Tokyo) is at the date so specified deemed to be vested in Bank of Tokyo-Mitsubishi under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (e) nothing in paragraphs (c) and (d) affects the liability of Bank of Tokyo and Mitsubishi Bank to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities; and (f) in this section- (i) "registered securities" (註冊證券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such a scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not); and (ii) "convey" (轉易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. Transfers governed otherwise than by law of Hong Kong Where the transfer and vesting of any property forming part of the undertaking of Bank of Tokyo is governed otherwise than by the law of Hong Kong, Bank of Tokyo shall, if the Bank of Tokyo-Mitsubishi so requires, so soon as is practicable after the appointed day, take all necessary steps for the purpose of securing the effective transfer or vesting thereof to or in Bank of Tokyo-Mitsubishi and, pending such transfer or vesting, shall hold such property in trust for the Bank of Tokyo-Mitsubishi. Interests in land The deemed vesting in Bank of Tokyo-Mitsubishi of an interest in land by virtue of this Ordinance shall not- (a) constitute a purchase or creation of that interest for the purposes of section 119E(2) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning that interest; or (c) give rise to any forfeiture; or (d) invalidate or discharge any contract or security; or (e) operate so as to merge any leasehold interest in the reversion expectant on it. Completion and deduction of title to property To enable Bank of Tokyo-Mitsubishi to complete a title, if thought fit, to any property transferred to it and vested in it by virtue of this Ordinance by notice of title, deed, instrument or otherwise, or to deduce title, this Ordinance shall be deemed to be, and may be used as, an assignment or assignation, conveyance, transfer or, as the case may be, general disposition of such property in favour of Bank of Tokyo-Mitsubishi. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Mitsubishi Bank or Bank of Tokyo or any other subsidiary of Mitsubishi Bank or Bank of Tokyo from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of Bank of Tokyo-Mitsubishi to alter its memorandum and articles of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of Bank of Tokyo to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To provide for the vesting in BOT International (H.K.) Ltd. of the undertaking of Mitsubishi Finance (Hong Kong) Limited and for other related purposes. [23 February 1996] Preamble WHEREAS- (1) Mitsubishi Finance (Hong Kong) Limited (hereinafter called "Mitsubishi Finance") is a company incorporated under the law of Hong Kong having its registered office in Hong Kong and is a wholly-owned subsidiary of The Mitsubishi Bank, Limited, a company organised under the laws of Japan; (2) BOT International (H.K.) Ltd. (hereinafter called "BOT International") is a company incorporated under the law of Hong Kong having its registered office in Hong Kong and is a wholly-owned subsidiary of The Bank of Tokyo, Ltd., a company organised under the laws of Japan; (3) each of Mitsubishi Finance and BOT International holds a restricted banking licence granted under the Banking Ordinance (Cap 155) and is carrying on the business of taking deposits and providing financial services in Hong Kong; (4) The Bank of Tokyo, Ltd. and The Mitsubishi Bank, Limited have pursuant to an agreement executed on their respective behalves on 19 May, 1995 agreed that the business, assets and liabilities of The Bank of Tokyo, Ltd. will be merged into The Mitsubishi Bank, Limited on 1 April, 1996 (or such other date as the parties may agree) and further that the name of The Mitsubishi Bank, Limited will be changed to The Bank of Tokyo-Mitsubishi, Ltd. on that day; (5) pursuant to the merger referred to in paragraph (4) above and for the rationalisation of the group business of The Bank of Tokyo-Mitsubishi, Ltd. in Hong Kong as from the appointed day and for the better conduct of the businesses of BOT International and Mitsubishi Finance after such merger, BOT International and Mitsubishi Finance have on 4 December 1995 entered into a merger agreement which provided for the undertaking of Mitsubishi Finance to be succeeded to by BOT International on the appointed day; (6) in view of the extent of the contractual and other legal relationships affecting the conduct of the undertaking of Mitsubishi Finance, it is expedient to make provision to facilitate such merger without interference with the conduct and continuity of the respective businesses of Mitsubishi Finance and BOT International. Short title Provident funds and gratuity benefits Waiver of prohibition of merger Evidence: books and documents Part III of Evidence Ordinance (Cap 8) Evidence of vesting Transfers governed otherwise than by law of Hong Kong Interests in land Completion and deduction of title to property Saving for enactments concerning banking institutions Saving for companies This Ordinance may be cited as The Bank of Tokyo-Mitsubishi (Merger of Subsidiaries) Ordinance. Interpretation Saving (1) In this Ordinance, unless the subject or context otherwise requires- "appointed day" (指定日期) means such day and time as may be appointed pursuant to section 3; "BOT International" (東銀國際) means BOT International (H.K.) Limited; "customer" (客戶) means any person having a banking account or other dealing, transaction or arrangement with Mitsubishi Finance or, as the case may be, BOT International; "excluded property" (除外財產) means- (a) the common seal of Mitsubishi Finance; (b) documents (other than accounting records) required to be kept by Mitsubishi Finance pursuant to the Companies Ordinance (Cap 32); and (c) the rights and benefits of Mitsubishi Finance arising out of or in connection with the merger agreement; "existing" (現有) means existing, outstanding or in force immediately before the appointed day; "liabilities" (法律責任) includes duties and obligations of every description (whether present or future, actual or contingent); "Mitsubishi Finance" (三菱財務) means Mitsubishi Finance (Hong Kong) Limited; "merger agreement" (合併協議) means the merger agreement executed on 4 December 1995 on behalf of BOT International and Mitsubishi Finance in relation to the transfer of the undertaking; "property" (財產) means property and assets of every description and rights of every description (whether present or future, actual or contingent), and includes property held on trust and securities, benefits and powers of every description but does not include the excluded property; "security" (抵押) includes a mortgage or charge (whether legal or equitable and including any sub-mortgage), debenture, bill of exchange, promissory note, guarantee, lien, pledge (whether actual or constructive), hypothecation, assignment by way of security, indemnity, right of set-off, agreement or undertaking (whether in writing or not) or other means (in each case made, granted, arising or subsisting under any applicable law) of securing payment or discharge of a debt or liability (whether present or future, actual or contingent); "undertaking" (業務) means the business and all existing property and liabilities of Mitsubishi Finance of whatsoever nature other than the excluded property; "will" (遺囑) includes a codicil and any other testamentary writing. (2) Any reference in this Ordinance to property or liabilities of Mitsubishi Finance is a reference to property or liabilities to which Mitsubishi Finance is for the time being entitled or subject (whether beneficially or in any fiduciary capacity), wherever such property or liabilities are situated or arise and whether or not capable of being transferred or assigned by Mitsubishi Finance, and whether Mitsubishi Finance is entitled to such property or subject to such liabilities under the law of Hong Kong or under the law of any country or territory outside Hong Kong. (3) Any body politic or corporate and any other person or persons whose rights are affected by any of the provisions of this Ordinance shall be deemed to be mentioned herein. Notice of appointed day The directors of Mitsubishi Finance may appoint a day and a time of that day for the purpose of this Ordinance. BOT International and Mitsubishi Finance shall give joint notice in the Gazette of the day so appointed save that, in the event that such day proves not to be the appointed day for any reason, BOT International and Mitsubishi Finance shall give joint notice in the Gazette to that effect and shall again give joint notice in the Gazette stating the next day so appointed or, as the case may be, the day which was the appointed day. Reduction in capital and revocation of restricted banking licence (1) On the appointed day by virtue of this Ordinance the authorized and issued share capital of Mitsubishi Finance shall be reduced to US$10 comprising 10 ordinary shares of US$1 each and 40999990 ordinary shares of US$1 each shall be cancelled. (2) Not later than 7 days before the appointed day Mitsubishi Finance shall deliver to the Registrar of Companies a copy of this Ordinance together with a minute, signed by a director or the secretary of BOT International, confirming the reduction of share capital and cancellation of shares referred to in subsection (1). (3) The Registrar of Companies shall, pursuant to this Ordinance, register the copy of the Ordinance and the minute delivered to him pursuant to subsection (2) and on the appointed day shall certify under his hand the registration of the Ordinance and the minute which certificate shall be conclusive evidence of the reduction of the authorised and issued share capital of Mitsubishi Finance. (4) The restricted banking licence of Mitsubishi Finance shall be revoked on a day to be appointed by the Hong Kong Monetary Authority which day shall be published in the Gazette. Vesting of Mitsubishi Finance's undertaking in BOT International On the appointed day the undertaking shall by virtue of this Ordinance and without further act or deed be transferred to, and vest in, BOT International to the intent that BOT International shall succeed to the undertaking as if in all respects BOT International were the same person in law as Mitsubishi Finance. Trust property and wills (1) Any property deemed to be vested in BOT International by virtue of this Ordinance which immediately before the appointed day was held by Mitsubishi Finance, whether alone or jointly with any other person, as trustee or custodian trustee of any trust deed, settlement, covenant, agreement or will (whether originally so appointed or not, and whether appointed under hand or seal, or by order of any court or otherwise), or as executor of the will, or administrator of the estate, of a deceased person or as judicial trustee appointed by order of any court, or in any other fiduciary capacity, shall, on and from the appointed day, be held by BOT International alone or, as the case may be, jointly with such other person, in the same capacity upon the trusts, and with and subject to the powers, provisions and liabilities, applicable thereto respectively. (2) Any existing instrument or order of any court under or by virtue of which any property became vested in Mitsubishi Finance in any such fiduciary capacity as is referred to in subsection (1) (including in the case of a will any grant of probate thereof), and any provision in such instrument or order, or any existing contract or arrangement, for the payment to, or retention by, Mitsubishi Finance of remuneration for its services in any such fiduciary capacity, shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Mitsubishi Finance there were substituted a reference to BOT International. (3) No testamentary gift shall be adeemed by reason only of the operation of any of the provisions of this Ordinance. Supplementary provisions Without prejudice to the generality of any other provision of this Ordinance but subject to any provision of this Ordinance to the contrary effect, the following provisions of this section shall have effect- (a) All existing contracts, agreements, insurance policies, options, novations, certificates, awards, conveyances, deeds, leases, licences, notices, permits, guarantees, documents granting or comprising any security, bonds, indemnities, mandates, instructions and other instruments and undertakings entered into by, made with, given to or by or addressed to Mitsubishi Finance (whether alone or with any other person and whether as principal or agent and whether in writing or not) shall be construed and have effect on and from the appointed day as if- (i) BOT International had been a party thereto instead of Mitsubishi Finance; (ii) for any reference (however worded and whether express or implied) to Mitsubishi Finance there were substituted, as respects anything falling to be done on or after the appointed day, a reference to BOT International; (iii) any reference (however worded and whether express or implied) to the directors or to any director, officer or employee of Mitsubishi Finance were, as respects anything falling to be done on or after the appointed day, a reference to the directors of BOT International or, as the case may require, to such director, officer or employee of BOT International as BOT International may appoint for that purpose or, in default of appointment, to the director, officer or employee of BOT International who corresponds as nearly as may be to the first-mentioned director, officer or employee: Provided that this paragraph shall not apply to the merger agreement or any agreement expressed to be made pursuant or supplemented thereto. (b) Paragraph (a)(ii) shall, subject to the provisions of section 18, apply to any statutory provision, to any provision of any existing contract to which Mitsubishi Finance was not a party and to any provision of any other existing document (not being a contract or a will) as they apply to a contract to which that paragraph applies. (c) Any account between Mitsubishi Finance and a customer shall, on the appointed day, be transferred to BOT International and become an account between BOT International and such customer subject to the same conditions and incidents as theretofore; and such account shall be deemed for all purposes to be a single continuing account; provided that nothing in this Ordinance shall affect any right of BOT International or of any customer to vary the conditions or incidents subject to which any account is kept. (d) Any existing instruction, order, direction, mandate, power of attorney, authority, undertaking or consent (whether in writing or not and whether or not in relation to an account) given to Mitsubishi Finance, either alone or jointly with another person, shall apply and have effect, on and from the appointed day, as if given to BOT International or, as the case may be, to BOT International jointly with such other person. (e) Any negotiable instrument or order for payment of money drawn on or given to, or accepted or endorsed by, Mitsubishi Finance, or payable at any place of business of Mitsubishi Finance, whether so drawn, given, accepted or endorsed before, on or after the appointed day, shall have the same effect on and from the appointed day, as if it had been drawn on, or given to, or accepted or endorsed by BOT International, or were payable at the same place of business of BOT International. (f) The custody of any document or record, goods or other thing held by Mitsubishi Finance as bailee shall pass to BOT International on the appointed day, and the rights and obligations of Mitsubishi Finance under any contract of bailment relating to any such document or record, goods or thing shall on that day become rights and obligations of BOT International. (g) (i) Any security held immediately before the appointed day by Mitsubishi Finance, or by a nominee or agent of or trustee for Mitsubishi Finance, as security for the payment or discharge of any liability shall, on and from the appointed day, be held by, or, as the case may require, by that nominee, agent or trustee for, BOT International, and be available to BOT International (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of that liability; (ii) in relation to any security deemed to be vested in BOT International in accordance with the provisions of this Ordinance and any liabilities thereby secured, BOT International shall be entitled to the rights and priorities and be subject to the obligations and incidents to which Mitsubishi Finance would have been entitled and subject if it had continued to hold the security; (iii) without prejudice to the generality of subparagraph (ii), in any case where any existing liability subsists between Mitsubishi Finance and BOT International in respect of which Mitsubishi Finance or BOT International, or a nominee or agent of or trustee for Mitsubishi Finance or BOT International holds security, that liability shall, for the purpose of enforcing or realizing that security, be deemed to continue in effect notwithstanding the vesting of the undertaking in BOT International; (iv) any security referred to in subparagraph (i), (ii) or (iii) and which extends to future advances or liabilities shall, on and from the appointed day, be available to BOT International (whether for its own benefit or, as the case may be, for the benefit of any other person) as security for the payment or discharge of future advances and liabilities to the same extent and in the same manner in all respects as future advances by, or liabilities to, Mitsubishi Finance were secured thereby immediately before that day. (h) Where by virtue of this Ordinance any right or liability of Mitsubishi Finance is deemed to become a right or liability of BOT International, BOT International and all other persons shall, on and from the appointed day, have the same rights, powers and remedies (and in particular the same rights and powers as to taking or resisting legal proceedings or making or resisting applications to any authority) for ascertaining, perfecting or enforcing that right or liability as if it had at all times been a right or liability of BOT International; and any legal proceedings or application to any authority existing or pending immediately before the appointed day by or against Mitsubishi Finance may be continued by or against BOT International. (i) Any judgment or award obtained by or against Mitsubishi Finance and not fully satisfied before the appointed day shall on that day, to the extent to which it is enforceable by or against Mitsubishi Finance, become enforceable by or against BOT International. (j) Nothing in this Ordinance shall terminate or prejudicially affect the appointment, authority, rights or powers of any receiver or of any receiver and manager appointed by Mitsubishi Finance, whether alone or with others, before the appointed day. Contracts of employment (1) Section 7(a) shall apply to a contract for the employment of any person by Mitsubishi Finance and employment with Mitsubishi Finance and BOT International under any such contract shall be deemed for all purposes to be a single continuing employment. (2) No director or auditor of Mitsubishi Finance shall by virtue only of this Ordinance become a director or, as the case may be, auditor of BOT International. Provident funds and gratuity benefits (1) The deeds and rules constituting or relating to the provident fund scheme established for the benefit of employees of Mitsubishi Finance and the gratuity benefits payable by Mitsubishi Finance shall, on and from the appointed day, be construed and have effect, so far as the context permits, as if for any reference therein to Mitsubishi Finance there was substituted a reference to BOT International. (2) No officer or employee of Mitsubishi Finance who is deemed to become an officer or employee of BOT International by virtue of this Ordinance shall by virtue of this Ordinance be entitled to participate in any provident fund of or gratuity benefits payable by BOT International, and no existing officer or employee of BOT International shall, by virtue only of this Ordinance, be entitled to participate in any provident fund of or gratuity benefits payable by Mitsubishi Finance. Waiver of prohibition of merger (1) Any provision contained in any contract to which either BOT International or, as the case may be, Mitsubishi Finance is a party which prohibits or has the effect of prohibiting the transfer and vesting of the undertaking from Mitsubishi Finance to BOT International shall be deemed by this Ordinance to have been waived. (2) Any provision contained in any contract to the effect that a default shall occur or be deemed to occur as a result of the transfer and vesting of the undertaking from Mitsubishi Finance to BOT International and to which either BOT International or, as the case may be, Mitsubishi Finance is a party shall be deemed by this Ordinance to have been waived. Evidence: books and documents (1) All books and other documents which would, before the appointed day, have been evidence in respect of any matter for or against Mitsubishi Finance shall be admissible in evidence in respect of the same matter for or against BOT International. (2) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Part III of Evidence Ordinance (Cap 8) (1) On and from the appointed day Part III of the Evidence Ordinance (Cap 8) shall apply to the banker's records of Mitsubishi Finance deemed to be vested in BOT International by virtue of this Ordinance, and to entries made in those records before the appointed day, as if such records were the records of BOT International. (2) For the purposes of section 20 of the Evidence Ordinance, banker's records which are deemed to have become the banker's records of BOT International by virtue of this Ordinance shall be deemed to have been the ordinary banker's records of BOT International at the time of the making of any entry therein which purports to have been made before the appointed day, and any such entry shall be deemed to have been made in the usual and ordinary course of business. (3) In this section, "banker's records" (銀行紀錄) shall be construed in accordance with section 2 of the Evidence Ordinance (Cap 8). Evidence of vesting (1) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the deemed vesting of any property and liabilities of Mitsubishi Finance in BOT International in accordance with the provisions of this Ordinance. (2) Without prejudice to the generality of subsection (1)- (a) a Government Printer's copy of this Ordinance, together with such evidence of publication of notice of the appointed day, shall, in relation to any registered securities transferred to, and vested in, BOT International by virtue of this Ordinance, operate for all purposes as a duly executed instrument of transfer in respect of the transfer of such registered securities from Mitsubishi Finance to BOT International; (b) any deed or other document made or executed on or after the appointed day, whereby BOT International or Mitsubishi Finance, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by Mitsubishi Finance immediately before the appointed day, whether alone or jointly with any other person, shall be sufficient evidence that the interest of Mitsubishi Finance in that property is deemed to be vested in BOT International under this Ordinance; (c) where there is any other transaction or purported transaction by BOT International or Mitsubishi Finance on or after the appointed day in connection with, or in relation to, any property or liabilities which are property or liabilities of Mitsubishi Finance immediately before that day, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that BOT International has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (d) a joint certificate given by or on behalf of BOT International and Mitsubishi Finance before the appointed day, or a certificate given by or on behalf of BOT International on or after the appointed day, that any property or liabilities specified in the certificate (which property or liabilities immediately before the appointed day are property or liabilities of Mitsubishi Finance) is at the date so specified deemed to be vested in BOT International under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (e) nothing in paragraphs (b) and (c) shall affect the liability of BOT International and Mitsubishi Finance to the other of them in respect of anything done, or purporting to have been done, by either of them in connection with, or in relation to, any property or liabilities; and (f) in this subsection (2)- "convey" (轉易) includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure; "registered securities" (註冊證券) means shares, stocks, debentures, loans, bonds, units of a unit trust scheme or other shares of the investments subject to the trusts of such a scheme, and other securities of any description which are transferable and the holders of which are entered in a register (whether maintained in Hong Kong or not). (3) Nothing in this section applies to any property falling within section 15. Transfers governed otherwise than by law of Hong Kong Where the transfer and vesting of any property forming part of the undertaking of Mitsubishi Finance is governed otherwise than by the law of Hong Kong, Mitsubishi Finance shall, if BOT International so requires, so soon as is practicable after the appointed day, take all necessary steps for the purpose of securing the effective transfer or vesting thereof to or in BOT International and, pending such transfer or vesting, shall hold such property in trust for the BOT International. Interests in land The deemed vesting in BOT International of an interest in land by virtue of this Ordinance shall not- (a) constitute an acquisition, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a) or (7)(a), 119E(2) or 119H(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning or affecting that interest; or (c) operate as a breach of covenant or condition against alienation; or (d) give rise to any forfeiture, damages or other right of action; or (e) invalidate or discharge any contract or security; or (f) operate so as to merge any leasehold interest in the reversion expectant on it. Completion and deduction of title to property To enable the BOT International to complete a title, if thought fit, to any property transferred to it and vested in it by virtue of this Ordinance by notice of title, deed, instrument or otherwise, or to deduce title, this Ordinance shall be deemed to be, and may be used as, an assignment or assignation, conveyance, transfer or, as the case may be, general disposition of such property in favour of BOT International. Saving for enactments concerning banking institutions Nothing in this Ordinance shall exempt Mitsubishi Finance or BOT International or any other subsidiary of Mitsubishi Finance or BOT International from the provisions of any enactment regulating the carrying on of the business of any of them. Saving for companies Nothing in this Ordinance shall prejudice the powers of BOT International to alter its memorandum and articles of association or to dispose of, or deal with, its property, security or liabilities or to carry on or discontinue any part of its business; and nothing in this Ordinance shall prejudice the powers of Mitsubishi Finance to dispose of, or deal with, its property, security or liabilities before the appointed day. Saving (1) Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (2) Nothing in this Ordinance shall affect the liability of BOT International to settle the consideration for the undertaking under the merger agreement. Long title To make provision for the incorporation of The Hong Kong Institute of Landscape Architects and for matters connected therewith. [19 July 1996] Short title Existing Constitution to become Constitution of the Institute Particulars to be delivered to the Registrar of Companies Saving PART I PRELIMINARY This Ordinance may be cited as The Hong Kong Institute of Landscape Architects Incorporation Ordinance. Interpretation In this Ordinance, unless the context otherwise requires- "Constitution" (章程) means the Deed of Constitution and the Rules of the Institute referred to in section 10 for the time being in force; "Council" (理事會) means the Council of the Institute established under section 7; "Institute" (學會) means The Hong Kong Institute of Landscape Architects incorporated by section 3; "member" (會員) means a person whose name is currently included in the Register of members of the Institute; "President" (會長) means the person referred to as President of the Institute in section 7 and any person acting as President in accordance with the provisions of the Constitution; "Register" (名冊) means the Register of members of the Institute kept in accordance with the Constitution; "Secretary" (秘書) means the honorary secretary of the Institute appointed under the provisions of the Constitution; "year" (年度) means the financial year of the Institute commencing and ending on such dates each year in accordance with the Constitution except that the period from the incorporation of the Institute to 31 March next thereafter shall be deemed to be a financial year. Incorporation of The Hong Kong Institute of Landscape Architects PART II THE HONG KONG INSTITUTE OF LANDSCAPE ARCHITECTS (1) The Hong Kong Institute of Landscape Architects shall be a body corporate and shall be known as "The Hong Kong Institute of Landscape Architects" which shall in that name have perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. (2) The Institute shall have a common seal which shall not be affixed except pursuant to a resolution of the Council, and unless provided otherwise in the Constitution, in the presence of a member of the Council and of the Secretary, or such other person appointed in his place by the Council, each of whom shall sign his name. (3) Any document purporting to be duly executed under the common seal of the Institute authenticated in accordance with subsection (2) shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Objects of the Institute The objects of the Institute are, subject to this Ordinance- (a) to promote the general advancement of landscape architecture and to facilitate the acquisition of the knowledge of the various arts and sciences concerned therewith; (b) to raise the standard of landscape architecture in Hong Kong and the standard of professional landscape architectural services offered by members of the Institute; (c) to maintain the integrity and status of and discourage dishonourable conduct and practices in the landscape architectural profession; (d) to represent the views of the landscape architectural profession to the public and the Government; (e) to apply the collective expertise of members of the Institute in an advisory role to the Government and the building industry; (f) to encourage the study of landscape architecture and to give awards and scholarships on such terms and conditions as the Institute may from time to time specify; (g) to conduct examinations and act in such other manner as may be necessary to ascertain whether persons are qualified to be accorded professional recognition by the Institute; (h) to facilitate the exchange of information and ideas in relation to all aspects of landscape architecture and matters in connection with the landscape architectural profession; (i) to encourage and foster a spirit of friendly collaboration amongst members of the Institute and with other professional bodies and their members; (j) to promote, support and protect the character, status and interests of landscape architects in Hong Kong; (k) to maintain and promote the usefulness of the profession of landscape architects for the public advantage; and (l) to do all such other things as are incidental or conducive to the attainment of the above objects. Powers of the Institute Subject to this Ordinance, the Council may, on behalf of the Institute, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institute, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (b) enter into any contract; (c) provide appropriate amenities for members; (d) employ staff; (e) provide residential accommodation for staff and visiting guests; (f) provide or contribute to pensions for staff; (g) act as trustee in relation to pension schemes and funds for scholarships and prizes; (h) borrow money in such manner and on such securities or terms as the Council deems appropriate or expedient; (i) apply for and receive any grant in aid for the functions of the Institute on such conditions as the Council deems appropriate or expedient; and (j) invest the funds of the Institute in such manner and to such extent as the Council thinks appropriate or expedient. Vesting of property At the commencement of this Ordinance, the Institute shall succeed to all property, rights, privileges, obligations and liabilities of the unincorporated The Hong Kong Institute of Landscape Architects. Establishment of Council PART III COUNCIL (1) There is hereby established a council to be known as the Council of The Hong Kong Institute of Landscape Architects. (2) At the commencement of this Ordinance, the Council shall consist of the persons holding the offices of President, Vice-President, Honorary Secretary and Honorary Treasurer of the unincorporated The Hong Kong Institute of Landscape Architects immediately before the commencement of this Ordinance, and all other persons who were members of the council of the unincorporated The Hong Kong Institute of Landscape Architects immediately before the commencement of this Ordinance. (3) The persons specified in subsection (2) shall hold office until the election of officers and members of the Council at the first annual general meeting of the Institute or otherwise in accordance with the provisions of the Constitution. Powers of Council The management of the Institute shall be vested in the Council and all the powers of the Institute shall be vested in and exercisable by the Council except so far as this Ordinance or the Constitution otherwise requires. Membership PART IV MEMBERSHIP AND CONSTITUTION The members of the Institute shall be those persons whose names are included in the Register, being- (a) all the members of the unincorporated The Hong Kong Institute of Landscape Architects at the commencement of this Ordinance; and (b) other persons elected to membership in accordance with the Constitution. Existing Constitution to become Constitution of the Institute (1) The Deed of Constitution and the Rules of the unincorporated The Hong Kong Institute of Landscape Architects at the commencement of this Ordinance shall be adopted as the Constitution of the Institute. (2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy. (3) The Constitution may be amended by the Institute at any time in accordance with its provisions. (4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Particulars to be delivered to the Registrar of Companies PART V GENERAL PROVISIONS (1) Within 14 days after the commencement of this Ordinance the President shall deliver to the Registrar of Companies for registration- (a) notice of the address of the Institute; (b) a list containing the names and addresses of the members of the Council; and (c) the name and address of the Secretary. (2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy. (3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration. (4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institute on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration. (5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be prescribed under section 304 of the Companies Ordinance (Cap 32) for the inspection of a document under section 305 of that Ordinance. (6) The Institute shall pay such fees for registering any document under this Ordinance as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Institute were a company not having a share capital. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors or the rights of any body politic or corporate or of any other persons except such as are mentioned or referred to in this Ordinance and those claiming by, through, from or under them. Long title To set up a body corporate under the name of The Orthodox Metropolitanate of Hong Kong and South East Asia and to provide for the constitution, powers, duties, work and activities of The Orthodox Metropolitanate of Hong Kong and South East Asia. [2 January 1997] L.N. 562 of 1996 Short title Orthodox Cathedral of Saint Luke the Evangelist Use of seal Accounts and audit Savings (1) This Ordinance may be cited as The Orthodox Metropolitanate of Hong Kong and South East Asia Ordinance. (2) (Omitted as spent) Interpretation In this Ordinance, unless the context otherwise requires- "Cathedral Church" (大教堂) means the "Orthodox Cathedral of Saint Luke the Evangelist" provided for under section 10; "Cathedral Council" (大教堂議會) means the council of the Cathedral Church provided for under section 10; "Chancellor" (教長) means the clergyman appointed by the Metropolitan provided for under section 8; "Executive Committee" (行政委員會) means the officers of the Metropolitan Council provided for under section 9; "financial year" (財政年度) means each period of 12 months ending on 31 March; "Metropolitan" (教區大主教) means the administrator of the Metropolitan Archdiocese provided for under section 7; "Metropolitan Archdiocese" (地域教區) means "The Orthodox Metropolitanate of Hong Kong and South East Asia" incorporated under section 3; "Metropolitan Council" (教區議會) means the body of individuals comprised of clergy and laity provided for under section 8; "professional accountant" (專業會計師) means a person who is registered as a professional accountant under the Professional Accountants Ordinance (Cap 50). Incorporation (1) The Metropolitan Archdiocese shall be a body corporate under the corporate name of "The Orthodox Metropolitanate of Hong Kong and South East Asia" in English and "香港及東南亞正教會" in Chinese. (2) The Metropolitan Archdiocese- (a) has perpetual succession under its corporate name; (b) has and may use a seal; and (c) is capable of suing and being sued in its corporate name. The Orthodox Metropolitanate of Hong Kong and South East Asia (1) An independently administered Metropolitan Archdiocese is established for the region of Hong Kong and South East Asia. The Metropolitan Archdiocese is under the canonical jurisdiction of the Ecumenical Patriarchate. (2) Hong Kong shall be the See of the Metropolitan Archdiocese. The "Saint Luke Orthodox Church of Hong Kong" presently constituted in Hong Kong as a society under the laws of Hong Kong shall henceforth be known as the Cathedral Church of the Metropolitan Archdiocese under the title "Orthodox Cathedral of Saint Luke the Evangelist". (3) All baptised Orthodox Christians residing in Hong Kong and all the countries of South East Asia shall constitute the membership of the Metropolitan Archdiocese. Together they comprise a complete ecclesiastical unit. Purposes of the Metropolitan Archdiocese The mission of the Metropolitan Archdiocese shall be to respond to the various spiritual needs of the Orthodox faithful, in conformity with the Orthodox Christian faith and its canonical order, and to advance Orthodoxy within the broader region of South East Asia. Within this context the Metropolitan Archdiocese shall- (a) concern itself with the necessary spiritual edification of the Orthodox faithful, through the use of all legal and canonical means in each country for the preservation and propagation of the Orthodox spiritual heritage; (b) pursue all necessary means and conditions for the regular participation of all Orthodox faithful in the Liturgical and Sacramental life of the Orthodox Church; (c) in cooperation with the other Christian Churches and religions in the region, assist and encourage its Parishes in pursuing all social activities intended for the common good. Powers of the Metropolitan Archdiocese In order to accomplish its spiritual mission and in support of the ministry pursued by the Metropolitan Archdiocese and its Parishes, the Metropolitan Archdiocese may- (a) acquire, hold and administer real and assumed property, received through donations and all other legal sources and means, estates, purchases, investments, stocks, funds, shares or securities of any government, always for the benefit of the Metropolitan Archdiocese; (b) pursue and enter into any and all legal contracts as permitted by law with the requirement that such contracts serve the immediate or long term purposes of the Metropolitan Archdiocese; (c) hold, care for, develop and administer, for the benefit of the Metropolitan Archdiocese and its Parishes any property and land, belonging to the Orthodox Parishes and affiliate organizations, within the region of the Metropolitan Archdiocese and for whatever reason abandoned or bequeathed to the Metropolitan Archdiocese; (d) subject to this Ordinance, do or suffer all such acts and things as bodies corporate may in general lawfully do or suffer. Administration of the Metropolitan Archdiocese (1) The Metropolitan is the sole administrator and spiritual authority of the Metropolitan Archdiocese. (2) The Metropolitan is elected by the Holy Synod of the Ecumenical Patriarchate of Constantinople. (3) The Metropolitan pursues all his duties accorded him by the Divine and Holy Canons and according to the canonical order of the Eastern Orthodox Church and the traditions and practices of the Ecumenical Patriarchate. (4) When the Metropolitan is absent from the region or ill or not able to perform his administrative and spiritual responsibilities, the Chancellor of the Metropolitan Archdiocese shall perform all necessary duties on his behalf. (5) The Metropolitan presides over the Metropolitan Council and the Executive Committee. Metropolitan Council (1) The Metropolitan Council is comprised of the following members- (a) the Metropolitan, as Chairman; (b) the Chancellor, a clergyman appointed by the Metropolitan to administer on his behalf and upon his direction the daily affairs of the Metropolitan Archdiocese; (c) 3 clergymen of the Metropolitan Archdiocese; and (d) 6 lay persons. (2) The members of the Metropolitan Council shall elect the following officers- (a) Secretary for English; (b) Secretary for Chinese; (c) Treasurer; and (d) Assistant Treasurer. (3) The members of the Metropolitan Council as provided under subsection (1)(b), (c) and (d) shall be appointed by the Metropolitan for a 2 year period commencing on 1 September of every other year. (4) The Metropolitan Council shall convene meetings 2 times every year under the chairmanship of the Metropolitan and on special occasions when the Metropolitan deems necessary. In the absence of the Metropolitan, the Chancellor shall chair all meetings of the Metropolitan Council. (5) The Metropolitan Council administers all matters, not related to the strictly spiritual responsibilities of the Metropolitan, as defined by the Divine and Holy Canons of the Eastern Orthodox Church, which shall include- (a) establishing a budget of income and expenses for the annual operations of the Metropolitan Archdiocese; (b) administering, handling and developing all real and assumed property belonging to the Metropolitan Archdiocese; (c) making decisions concerning any assistance to existing Parishes and the development of new Parishes for the Metropolitan Archdiocese, and to make recommendations to the Metropolitan concerning proper solutions; (d) administering all bank accounts, according to the needs and for the benefit of the Metropolitan Archdiocese; (e) establishing and amending and revoking necessary internal regulations for the Metropolitan Council and the Parishes of the Metropolitan Archdiocese with the consent of the Metropolitan. (6) For the avoidance of doubt, regulations established under subsection (5) are not to be regarded as subsidiary legislation. Executive Committee (1) The Executive Committee shall be comprised of the Metropolitan as Chairman and all the officers of the Metropolitan Council. (2) The responsibilities of the Executive Committee are determined by the Metropolitan Council and are pursued during the interim period between meetings of the Metropolitan Council. (3) The Executive Committee is convened by the Metropolitan as Chairman. In the absence of the Metropolitan, the Chancellor shall chair all meetings of the Executive Committee. (4) Except as provided in the regulations, the Executive Committee may determine its own procedure. Orthodox Cathedral of Saint Luke the Evangelist (1) The Orthodox Cathedral of Saint Luke the Evangelist shall be the See of the Metropolitan. (2) The administration and daily operations of the Cathedral Church shall be assigned by the Metropolitan to a "Cathedral Council", comprised of the Chancellor, 1 clergyman appointed by the Metropolitan and 3 lay persons selected by the Metropolitan Council. (3) The "Cathedral Council" shall- (a) convene the General Assembly of the faithful of the Cathedral Church; (b) collect all funds, including parish stewardship and donations; (c) keep all financial records for the Cathedral Church; (d) establish the annual budget and prepare the year-end financial statement; (e) submit the budget and financial statement to yearly auditing by a professional accountant, appointed by the Cathedral Council for this purpose; (f) inform the General Assembly and the faithful concerning all spiritual, philanthropic and pertinent programs and activities; (g) coordinate the proper and canonical ecclesiastical daily operation of the Cathedral Church. Use of seal (1) The seal of the Metropolitan Archdiocese shall be determined by the Metropolitan Council. The seal shall have a cross in the center. The inner circle shall read: "The Orthodox Metropolitanate of Hong Kong and South East Asia" and "香港及東南亞正教會", while the outer circle shall read: "Ecumenical Patriarchate" and "正教會總大主教". (2) The seal of the Metropolitan Archdiocese shall be authenticated by the signatures of the Metropolitan and one of the two Secretaries of the Metropolitan Council. In the absence or unavailability of the Metropolitan as provided for under section 7(4), the seal shall be authenticated by the signatures of the Chancellor as his lawful representative and one of the two Secretaries of the Metropolitan Council. Accounts and audit (1) The Executive Committee of the Metropolitan Council shall cause proper accounts and records to be kept of all the financial transactions of the Metropolitan Archdiocese and shall, as soon as is practicable upon the completion of the financial year, cause a statement of the accounts of the Metropolitan Archdiocese to be prepared for that financial year. (2) A statement of accounts prepared under subsection (1) must include an income and expenditure account and a balance sheet. (3) The Executive Committee of the Metropolitan Council shall, as soon as is practicable upon the completion of the financial year, submit the statement of the accounts prepared for that year to a professional accountant for audit. (4) The professional accountant shall prepare a report on the accounts and send the report to the Executive Committee of the Metropolitan Council to be presented to the members of the Metropolitan Council. Savings Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. Long title To make provision for the incorporation of Hong Kong St. John Ambulance and for matters incidental thereto or connected therewith. [27 June 1997] Preamble WHEREAS- (a) the St. John Ambulance Association is a foundation of an Order formerly designated the Grand Priory of the Order of the Hospital of St. John of Jerusalem in England (hereinafter referred to as the "Order") which was duly incorporated by a Charter granted on 14 May 1888, by Her Late Majesty Queen Victoria, and now designated the Grand Priory in the British Realm of the Venerable Order of the Hospital of St. John of Jerusalem by virtue of a Charter granted on 12 June 1926, by His Late Majesty King George V; (b) the Order since its incorporation has had 3 foundations, to wit- The St. John Ophthalmic Hospital at Jerusalem; The St. John Ambulance Association; and The St. John Ambulance Brigade; (c) in the year 1884 a Branch of the said St. John Ambulance Association was established in Hong Kong (hereinafter referred to as the "Branch"); (d) in the year 1916 a District of the St. John Ambulance Brigade was established in Hong Kong (hereinafter referred to as the "District"); (e) in the year 1949 a Council of the Order was established in Hong Kong (hereinafter referred to as the "old Council") charged with the governance of the activities of the Order in Hong Kong in accordance with the commands and regulations given by the Chapter-General of the Order from time to time; (f) it is now considered desirable that the old Council, the Branch and the District should be fully merged and from the commencement of this Ordinance be incorporated and exist as one single entity and be managed in accordance with the provisions of this Ordinance; (g) in view of the change of sovereignty in 1997 as provided by the Sino-British Joint Declaration on the question of Hong Kong, it is also considered desirable that the old Council, the Branch and the District should exist as an independent corporation in Hong Kong as from the commencement of this Ordinance. NOW THEREFORE BE IT ENACTED by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows- Short title Service of documents on the Corporation Awards in recognition of services Distribution of badges, tokens, emblems and devices Unauthorized possession of badges, tokens, emblems and devices Unauthorized possession of devices resembling badges Wrongful exercise of authority Unauthorized organizations Uniform and equipment of the Corporation Offence and penalty Members to be indemnified PART I PRELIMINARY This Ordinance may be cited as the Hong Kong St. John Ambulance Incorporation Ordinance. Interpretation Saving Institution to be dissolved and transitional matters (Omitted as spent) In this Ordinance, unless the context otherwise requires- "Association" (救傷會) means the St. John Ambulance Association in Hong Kong which forms part of the Corporation; "Brigade" (救傷隊) means the St. John Ambulance Brigade in Hong Kong including all ambulances, nursing, dental and cadet divisions of the Brigade in Hong Kong which forms part of the Corporation; "Chairman" (主席) means the Chairman of the Council; "Constitution" (章程) means the Constitution of Hong Kong St. John Ambulance; "Corporation" (法團) means the Hong Kong St. John Ambulance incorporated under section 3; "Council" (理事會) means the Council of the Corporation; "Institution" (前機構) means the old Council, the Branch and the District referred to in the Preamble and which before the commencement of this Ordinance were governed by, existed and carried on their activities pursuant to the provisions of the Order of St. John Ordinance (Cap 1047); "President" (會長) means the President of the Corporation; "Secretary" (秘書) means the Secretary of the Council; "Vice-Chairmen" (副主席) means the Vice-Chairmen of the Council. Incorporation PART II HONG KONG ST. JOHN AMBULANCE The old Council, the Branch and the District are hereby incorporated as a body corporate and shall have the corporate name of Hong Kong St. John Ambulance (香港聖約翰救護機構) (hereinafter referred to as the "Corporation"), with the sole and exclusive right to use that name in Hong Kong, and by that name shall have perpetual succession, and shall and may sue and be sued in all courts, and shall and may have and use a common seal, and may from time to time break, change, alter and make anew the said seal as the Corporation may deem fit. Objects of the Corporation The objects of the Corporation are- (a) to continue, promote and encourage ambulance service in all its aspects; (b) to promote and encourage all works of humanity and charity for the relief of distress, suffering, sickness and danger without any distinction as to race, class or creed, and the extension of the principle and spirit of the Corporation embodied in its motto "FOR THE SERVICE OF MANKIND"; (c) to render aid to the sick, wounded, disabled, injured or suffering; (d) to promote, encourage and co-ordinate contacts and co-operation between the Corporation and other organizations with the same or similar aims and objects; (e) to send representatives to attend any meeting or conference regarding any matter or matters connected with any of the objects of the Corporation; (f) to organize and promote lectures and instruction courses to the general public in respect of matters related to nursing and first aid services and to issue certificates and testimonials therefor; (g) to receive and accept donations, endowments, gifts of money, land, hereditaments, houses, buildings, stocks, shares, securities and other properties movable or immovable, real or personal, whatsoever and wheresoever; (h) to maintain fraternal relationship with the Order and its various Foundations and affiliated organizations worldwide; (i) generally to do or pursue all such deeds, acts, matters or things that are helpful or incidental to the attainment of any one or more of the above objects. Powers of the Corporation Subject to this Ordinance, the Council may on behalf of the Corporation do or pursue all such deeds, acts, matters or things as are necessary, incidental or conducive to the attainment or better carrying out of the objects of the Corporation, and, in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, accept lease of, purchase, take, hold or enjoy any property, lands, proprietory interests in land, buildings, messuages or tenements of whatsoever nature or kind and wheresoever situate, movable or immovable or demolish any buildings, messuages or tenements or develop, redevelop, sell, let, dispose of or otherwise deal with any such property as aforesaid on such terms as the Council may deem fit; (b) invest money in or upon mortgage, debentures, stocks, funds, shares or securities of any government, municipality, corporation, company or person; (c) purchase, acquire and possess any ambulance or other vehicles, any medical and first aid equipment, medicine and other goods and chattels of whatsoever nature or kind; (d) enter into any contract, agreement and memorandum of whatsoever nature or kind; (e) by deed under its seal grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer, or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, ambulances or other goods and chattels which are for the time being vested in or belong to the Corporation upon such terms as the Corporation may deem fit; (f) borrow money, mortgage or charge property or assets of the Corporation or give undertakings on behalf of the Corporation; (g) apply for and receive sponsorships, donations and gifts, whether on trust or otherwise, and act as trustee of monies or other property vested in the Corporation on trust; (h) appoint and remove any employee of the Corporation and fix the amount of remuneration of such employee and auditors of the Corporation; (i) utilize money and funds of the Corporation for any matter or matters relating to or in connection with any or all of the objects of the Corporation or which in the opinion of the Council is advisable in the general interest of the Corporation; (j) do or pursue all other matters reasonably incidental or conducive to the furtherance of the Corporation's objects. Vesting of property (1) At and from the commencement of this Ordinance- (a) all those pieces or parcels of land specified in the Schedule and all other property and assets which immediately prior to the commencement of this Ordinance were vested in the Executive Officers of the old Council or the Institution together with all rights, easements and appurtenances thereto shall be vested in the Corporation and in respect of all those pieces or parcels of land specified in the Schedule, the same shall be vested in the Corporation for the unexpired residue of the respective terms of years created by the Crown Leases, Conditions of Grant or other documents specified opposite each such piece or parcel of land thereto and subject to the payment of rent and the performance and observance of the covenants and conditions reserved by and contained in the said Crown Leases, Conditions of Grant or other documents and subject to such leases, tenancies, easements and other rights as may be subsisting in relation to such lands upon the commencement of this Ordinance; (b) all money and claims, liquidated and unliquidated, which immediately before the commencement of this Ordinance were payable to or recoverable by the Institution shall be money and claims payable to or recoverable by the Corporation; (c) all legal and court proceedings commenced before the commencement of this Ordinance by or against the Institution and pending immediately before the commencement of this Ordinance shall be deemed to be proceedings commenced by or against the Corporation and the Corporation shall have the right to carry on the conduct of such proceedings in the name of the Corporation; (d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by the Institution and in force immediately before the commencement of this Ordinance shall be deemed to be contracts, agreements, arrangements and undertakings entered into with, and securities given to or by the Corporation; (e) the Corporation may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this section and for the prosecution of actions and proceedings so referred to as the Institution might have done but for this Ordinance; (f) the Corporation may enforce and realize any security or charge existing immediately before the commencement of this Ordinance in favour of the Institution and may exercise any powers thereby conferred on the Institution as if the security or charge were a security or charge in favour of the Corporation; (g) all debts, money and claims, liquidated and unliquidated, which immediately before the commencement of this Ordinance were due or payable by, or recoverable against the Institution shall be debts due, money payable by and claims recoverable against the Corporation. (2) All property, investments and money vested in the Corporation shall be managed and controlled by the Council in accordance with the provisions of the Constitution. (3) (a) The production of a Government Printer's copy of this Ordinance shall, for all purposes, be conclusive evidence of the vesting and transfer of any property and liabilities of the Institution in the Corporation in accordance with the provisions of this Ordinance. (b) Without prejudice to the generality of paragraph (a)- (i) any deed or other document made or executed on or after the commencement of this Ordinance, whereby the Corporation or the Institution, whether alone or jointly with any other person, conveys or transfers, or purports to convey or transfer, to any person (whether for consideration or not), or applies to be registered as the holder or proprietor of, any property held by the Institution immediately before the commencement of this Ordinance, whether alone or jointly with any other person, shall be sufficient evidence that the interest of the Institution in that property is deemed to be vested in the Corporation under this Ordinance; (ii) where there is any other transaction or purported transaction by the Institution or the Corporation on or after the commencement of this Ordinance in connection with, or in relation to, any property or liabilities which are the property or liabilities of the Institution immediately before that commencement, it shall be deemed in favour of any other party to the transaction, or any person claiming through or under him, that the Corporation has full power and authority for that transaction as if the property or liabilities were deemed to be vested in it under this Ordinance; (iii) a certificate given by or on behalf of the Corporation at any time that any property or liability specified in the certificate (which property or liability immediately before the commencement of this Ordinance is the property or liability of the Institution) is or, as the case may be, is not, deemed to be vested in the Corporation under this Ordinance, shall be conclusive evidence for all purposes of the fact so certified; (iv) in this paragraph "convey" includes mortgage, charge, lease, assent, vest by way of vesting declaration or vesting instrument, disclaim, release or otherwise assure. (c) The Corporation shall register or cause to be registered in the Land Registry a Government Printer's copy of this Ordinance in respect of the vesting of the properties of the Institution in the Corporation. (4) The vesting in the Corporation of an interest in land by virtue of this Ordinance shall not- (a) constitute the acquisition, assignment, transfer or parting with possession of that interest for the purposes of section 53(4)(a) or (7)(a), 119E(2) or 119H(1)(a) of the Landlord and Tenant (Consolidation) Ordinance (Cap 7); or (b) operate so as to merge any leasehold interest in the reversion expectant on it; or (c) constitute an assignment, transfer, devolution, parting with possession, dealing with or other disposition of that interest for the purposes of any provision contained in any instrument concerning or affecting that interest; or (d) operate as a breach of covenant or condition against alienation; or (e) give rise to any forfeiture, damages or other right of action; or (f) invalidate or discharge any contract or security. Council's role and power PART III COUNCIL (1) The Council shall be the supreme governing body of the Corporation and is charged with the governance, management and control of all business and activities of the Corporation in accordance with the provisions of this Ordinance and the Constitution. (2) The business of the Corporation shall be managed by the Council which may exercise all the powers and privileges vested in the Corporation. (3) Subject to the provisions of this Ordinance and the Constitution, the Council may, by resolution passed by a majority of votes at its meetings held from time to time, make, alter or repeal such regulations or rules of the Corporation, including regulations or rules of the Council, the Association and the Brigade in force from time to time, as it may at its discretion deem necessary or desirable for governing, regulating and monitoring the affairs and activities of the Corporation including but not limited to the appointment, removal or conduct of any or all of the members, officers and office-bearers of the Council, the Association or the Brigade. Amendment of the Constitution PART IV GENERAL PROVISIONS Subject to the terms and provisions of this Ordinance and the Constitution, the Council may from time to time amend the Constitution and any amendments made thereto shall be filed with the Registrar of Companies within the time limit set out in the Constitution. Execution of documents (1) All documents requiring the seal of the Corporation shall be sealed with its common seal in the presence of the Chairman or one of the Vice-Chairmen and shall be signed by either one of them and countersigned by a member of the Council, and such signing shall be prima facie evidence that the said seal was duly affixed. (2) Any document purporting to be executed in accordance with subsection (1) shall, unless the contrary is proved, be deemed to have been duly executed. (3) (a) All books and other documents which would, before the commencement of this Ordinance, have been evidence in respect of any matter for or against the Institution shall be admissible in evidence in respect of the same matter for or against the Corporation. (b) In this section "documents" (文件) has the same meaning as in section 55 of the Evidence Ordinance (Cap 8). Service of documents on the Corporation (1) The Corporation shall at all times have a registered address on its letterhead for service of documents on the Corporation. (2) Notice of the registered address or any change thereof shall be filed with the Registrar of Companies. Awards in recognition of services In order to give recognition to any person who has made outstanding contribution to the work of the Corporation, the President or the Chairman may, on the recommendation of the Council, make an award to that person. Distribution of badges, tokens, emblems and devices No person, except with the authority of the Council shall distribute, sell or expose for sale- (a) any badge, token, emblem or device in whatsoever form or material specifically adopted for the use of the Corporation, the Association or the Brigade; or (b) any badge, token, emblem or device in whatsoever form or material containing the words "Hong Kong St. John Ambulance" or the Chinese characters "香港聖約翰救護機構" or "St. John Ambulance Association" or the Chinese characters "聖約翰救傷會" or "St. John Ambulance Brigade" or the Chinese characters "聖約翰救傷隊" or any similar token or emblem. Unauthorized possession of badges, tokens, emblems and devices No person shall, except with the authority of the Council or with other lawful authority or reasonable excuse, have in his possession- (a) any badge, token, emblem or device specifically adopted by the Corporation, the Association or the Brigade for use by the members thereof; or (b) any badge, token, emblem or device containing the words "Hong Kong St. John Ambulance" or the Chinese characters "香港聖約翰救護機構" or "St. John Ambulance Association" or the Chinese characters "聖約翰救傷會" or "St. John Ambulance Brigade" or the Chinese characters "聖約翰救傷隊". Unauthorized possession of devices resembling badges No person shall, without lawful authority or reasonable excuse, have in his possession- (a) any device which so closely resembles any badge, token, emblem or device specifically adopted by the Corporation, the Association or the Brigade for use by the members thereof as to lead to the belief that the device in question is such badge, token, emblem or device; or (b) any badge, token, emblem or device containing any words or characters which so closely resemble any words or characters ordinarily used to describe any member of the Corporation, the Association or the Brigade as to be calculated to deceive or mislead members of the general public. Wrongful exercise of authority No member of the Corporation, the Association or the Brigade shall, by virtue of his wearing, carrying, bearing, possessing, showing and displaying any badge, token or emblem of the Corporation, the Association or the Brigade or otherwise, enforce or exercise authority or attempt to do so otherwise than in accordance with the authority given, delegated or conferred upon him by the provisions of the Constitution, regulations or rules of the Corporation, the Association or the Brigade. Unauthorized organizations No person shall form, or work in connection with, or be a member of any organization which without the authority of the Council, claims or purports to be Hong Kong St. John Ambulance, the Association or the Brigade or any organization (other than the Corporation, the Association or the Brigade) which uses the title "Hong Kong St. John Ambulance" or "香港聖約翰救護機構", "St. John Ambulance Association" or "聖約翰救傷會" or "St. John Ambulance Brigade" or "聖約翰救傷隊" or any title in any language, with or without additional words or characters, which so closely resembles either the title of "Hong Kong St. John Ambulance" or "香港聖約翰救護機構", "St. John Ambulance Association" or "聖約翰救傷會" or "St. John Ambulance Brigade" or "聖約翰救傷隊" as to be calculated to deceive or mislead members of the general public or any organization which, by the use of any such titles or otherwise, without due authority, purports or claims to be connected with the Corporation, the Association or the Brigade. Uniform and equipment of the Corporation (1) All uniforms and equipment issued to members of the Branch, the District, the Association or the Brigade are deemed to be the property of the Corporation and every such member on resigning or being dismissed from the Association or the Brigade or otherwise ceasing to be a member thereof shall forthwith deliver up the uniform and equipment issued to him to the officer in charge of his division or section. (2) All badges, emblems, insignia and equipment issued to officers of the Branch, the District, the Association or the Brigade are deemed to be the property of the Corporation and every officer upon resigning or being dismissed from the Association or the Brigade or otherwise ceasing to be an officer thereof shall forthwith deliver up to his superior officer all badges, emblems, insignia and equipment issued to him. (3) No person other than a member or officer of the Association or the Brigade shall wear or use any uniform or equipment of the Association or the Brigade. Offence and penalty Any person who contravenes the provisions of section 12, 13, 14, 15, 16 or 17 shall be guilty of an offence and shall be liable on conviction to a fine at level 3. Members to be indemnified Every Council member, office-bearer and officer of the Corporation shall be indemnified by the Corporation against all loss, costs and liability for any act, deed or matter done for and on behalf of the Corporation for which he is sued in his personal name or capacity. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them. Institution to be dissolved and transitional matters PART V TRANSITIONAL (1) Immediately before the commencement of this Ordinance, the Institution shall be deemed for all purposes to have been dissolved and subject to the provisions of this Ordinance, all rights, powers, privileges, duties, obligations, property, money and assets of whatsoever nature and description vested in, conferred upon or held by the Institution shall immediately be transferred to, vested in and conferred upon the Corporation or its duly authorized representatives. (2) Any person who was, immediately before the commencement of this Ordinance, an employee of the Institution shall, on and from the day of the commencement of this Ordinance, be an employee of the Corporation with the same benefits and on the same terms and conditions as he may have enjoyed immediately before the commencement of this Ordinance. (3) All members of the old Council and all office-bearers and officers of the Institution shall, on and from the day of the commencement of this Ordinance, become members of the Council, office-bearers and officers of the Corporation and, subject to the provisions of the Constitution, shall occupy the same ranks and positions and shall exercise the same rights, powers and privileges and shall have the same duties and obligations as each of them may have had or held immediately before the commencement of this Ordinance and shall for the avoidance of doubt be deemed to have been appointed by the Council on the date when each of them was first appointed by the old Council or the Institution but if such person had subsequently been reappointed by the old Council or the Institution, he shall be deemed to have been appointed by the Council on the date when he was last reappointed by the old Council or the Institution. (4) The regulations and rules of the Branch and the District in force before the commencement of this Ordinance shall, to the extent that the same are not inconsistent with the provisions of this Ordinance and the Constitution, continue to be valid and binding on all members of the Association and the Brigade. (5) The Regulations of the old Council are repealed. Oath or Affirmation Quorum Order of Business at a Sitting The Order Paper Presentation of Petitions Presentation of Papers Nature of Questions Question Time Notice of Questions Contents of Questions Asking and Answering of Questions Sitting under Standing Order No. 4AA PART A MEMBERS AND OFFICERS OF THE COUNCIL (1) Except for the purpose of enabling this order to be complied with, no Member of the Council shall sit or vote therein until he has made or subscribed an oath or affirmation in accordance with the provisions of the Oaths and Declarations Ordinance (Cap. 11). Where a general election of all the elected Members is held, a Member who had previously made or subscribed such oath or affirmation shall again do so in compliance with this order before he sits or votes in the Council. (L.N. 138 of 1971; L.N. 189 of 1985; L.N. 258 of 1991) (2) (Repealed L.N. 258 of 1991) Language Statements by designated public officers Notice of Motions and Amendments Manner of Giving Notice of Motions and Amendments Restriction on Motions and Amendments Motions on Previous Decisions of Council Manner of Debating Motions Manner of Debating Amendments to Motions Withdrawal of Motions and Amendments Time and Manner of Speaking Recommendations of House Committee as to time of Speaking Occasions when a Member may speak more than once Interruptions (1) A Member may address the Council in either the English or the Cantonese language. (L.N. 138 of 1971) (2) Every petition shall be in the English language or the Chinese language. (3) A petition in the Chinese language shall be accompanied by an English translation certified to be correct by a court translator. (L.N. 138 of 1971) (4) A petition in the English language shall be accompanied by a Chinese translation certified to be correct by a court translator. (L.N. 138 of 1971) (5) (Repealed L.N. 382 of 1995) Presiding in Council and in Committee of the whole Council Adjournment of Debate or of Proceedings of a Committee Contents of Speeches Behaviour of Members not Speaking Application of Rules to Committees Decision of Chair Final Order in Council and Committee Decision of Questions Collection of Voices Use of Electronic Voting System Divisions Form of Bills Notice of Presentation of Bills Election of President President's deputy (1) There shall be a President of the Council who, when present at a sitting of the Council or a committee of the whole Council and able, in his opinion, to act, shall preside or be Chairman. (L.N. 42 of 1993) (2) In the absence of the President from a sitting of the Council or a committee of the whole Council or when, in his opinion, he is unable to act, there shall preside at that sitting- (a) the President's deputy; or (b) in the absence of the President's deputy from that sitting, or when, in his opinion, he is unable to act, the Member present who has held office as a Member for the longest continuous period of time. (L.N. 111 of 1994; L.N. 382 of 1995) (2A) For the purposes of paragraph (2)(b) where 2 or more Members have held office as Members for an equal continuous period of time (being the longest continuous period of time for which any Member has held office) the one of them who first made or subscribed the oath or affirmation in accordance with the Oaths and Declarations Ordinance (Cap. 11) under Standing Order No. 1 (Oath or Affirmation) shall be deemed to have held office for the longest continuous period of time. (L.N. 111 of 1994; L.N. 382 of 1995) (3) (Repealed L.N. 42 of 1993) (4) The President's deputy or other Member presiding shall enjoy all those powers conferred by these Standing Orders on the President or Chairman that are exercisable in respect of the sitting, or part of the sitting, of the Council or a committee of the whole Council at which the President's deputy or that Member presides or is Chairman, or in respect of which the President has requested that he preside or be Chairman. (5) The President's deputy shall enjoy such of those powers conferred by these Standing Orders on the President or Chairman of a committee of the whole Council, other than those powers mentioned in paragraph (4) of this order, as the President may specify by notice in the Gazette. President's deputy (1) The chairman of the House Committee elected as such under Standing Order No. 60C(2) "(House Committee) shall be the President's deputy. (L.N. 382 of 1995) (2) In the absence of the chairman of the House Committee or when, in his opinion, he is unable to act, the deputy chairman of the House Committee elected as such under Standing Order No. 60C(2) "(House Committee) shall act as President's deputy. (L.N. 382 of 1995) (3) The reference to the "chairman of the House Committee" in paragraphs (1) and (2) shall not include a person elected to act as chairman during the temporary absence of the chairman and deputy chairman. Duties of the Clerk Presentation and Publication of Bills First Reading of Bills Second Reading Committal of Bills Functions of Committees on Bills Amendments to Bills Procedure in Committee of the whole Council on a Bill Procedure on Reporting of Bill from Committee of the whole Council Procedure in Select Committee on a Bill Procedure on Reporting of Bill from a Select Committee Counsel to the Legislature Attendance of the Governor Attendance of Public Officers Participation of Public Officers in Proceedings (1A) The Secretary General of the Legislative Council Secretariat shall be the Clerk to the Legislative Council. (L.N. 433 of 1994) (1B) The Clerk shall be responsible for advising the President on all matters relating to the procedure of the Council. (L.N. 433 of 1994) (1) The Clerk shall be responsible for keeping the minutes of the proceedings of the Council and of committees of the whole Council. The minutes of proceedings shall record the Members attending, all decisions taken, and details of every division held. (2) The Clerk shall be responsible for preparing from day to day an Order Book showing all future business of which notice has been given. The Order Book shall be open to the inspection of Members and public officers acting in the course of their duties relevant to Council business at all reasonable hours. (L.N. 314 of 1976; L.N. 255 of 1983; L.N. 382 of 1995) (3) The Clerk shall be responsible for preparing for each sitting an Order Paper showing the business for that sitting. (4) The Clerk shall be responsible for the custody of the votes, records, bills and other documents laid before the Council, which shall be open to inspection by Members and public officers acting in the course of their duties relevant to Council business at all reasonable hours, and by other persons under arrangements approved by the President. (L.N. 382 of 1995) (5) The Clerk, acting under the directions of the President, shall be responsible for the production of the Official Record of all proceedings in the Council and in the committee of the whole Council. (L.N. 138 of 1971; L.N. 258 of 1991) (6) The Clerk shall be responsible for providing every committee and subcommittee of the Council with a clerk. (L.N. 258 of 1991; L.N. 226 of 1992) (7) The Clerk shall perform the further duties laid upon him in these Standing Orders, and all other duties in the service of the Council ordered by the Council or directed by the President. Counsel to the Legislature Attendance of the Governor (1) The Legal Adviser of the Legislative Council Secretariat shall be the Counsel to the Legislature. (L.N. 433 of 1994) (2) The Counsel to the Legislature shall have the general duty of advising the President and the Clerk on legal questions arising in relation to the business or administration of the Council. (L.N. 433 of 1994) Attendance of the Governor The Governor may at his discretion attend sittings of the Council, or any committee or subcommittee thereof, for the following purposes- (a) addressing the Council at any time as he shall think fit, including during a special sitting; (b) enabling Members of the Council to put questions to him on any public matter for which the Government is responsible and receive answers thereto; and (c) proposing any policy, measure, bill, resolution, motion or question for debate by and in the Council or any such committee or subcommittee. Attendance of Public Officers (1) The Governor may, under the power conferred on him by clause XXIB(2) of the Royal Instructions, designate public officers to attend sittings of the Council, committees of the whole Council, the Finance Committee or subcommittees of the Finance Committee. (L.N. 394 of 1993) (2) A public officer so designated by the Governor may give notice to the Clerk of items of business to be included in the Order Paper or the agenda of the Finance Committee or a subcommittee of the Finance Committee. (L.N. 394 of 1993) (3) Where it appears to the Clerk, when preparing the Order Paper or the agenda showing the business for a sitting, that a particular item of business requires the attendance of a public officer so designated by the Governor, the Clerk shall state, in respect of that particular item, the name of the office of that public officer. Participation of Public Officers in Proceedings (1) The public officer whose office is stated in respect of a particular item of business in an Order Paper or an agenda for a sitting and a public officer who has notified the Clerk before the sitting that his attendance is required in respect of a particular item of business may attend at that sitting. (2) These Standing Orders, except Standing Orders Nos. 1 (Oath or Affirmation), 3 (Presiding in Council and in Committee of the whole Council), 4AA (Attendance of the Governor), 6(1) (Proceedings at First Sitting of Session), 10 (Quorum), 13 (Presentation of Petitions), the Standing Orders in Part J (Voting) and Standing Order No. 60(2) and (4) (Finance Committee), shall apply, in relation to the item of business in respect of which a public officer attends a sitting, to that public officer as they apply to a Member: Provided that Standing Order No. 29(a) (Interruptions) shall apply to a public officer only in relation to the item of business in respect of which he attends a sitting. (L.N. 465 of 1995) (3) Subject to clause XXIB(2) of the Royal Instructions, the Chief Secretary, the Financial Secretary and the Attorney General may attend any sitting of the Council, committees of the whole Council and other committees and subcommittees, and when attending sittings of the Council or committees of the whole Council these Standing Orders, except Standing Orders Nos. 1 (Oath or Affirmation), 3 (Presiding in Council and in Committee of the whole Council), 4AA (Attendance of the Governor), 4B (Attendance of Public Officers), 6(1) (Proceedings at First Sitting of Session), 10 (Quorum), 13 (Presentation of Petitions), and the Standing Orders in Part J (Voting), shall apply to them as they apply to a Member. (L.N. 382 of 1995) Sessions Procedure on Recommittal of Bill reported from Select Committee Third Reading Withdrawal or postponement of Bills Presentation of Bill for Assent of Governor Presentation and Second Reading of Appropriation Bill Procedure in Committee of the whole Council on Appropriation Bill Amendments to Heads of Estimates in Committee of the whole Council on Appropriation Bill Third Reading of Appropriation Bill (Repealed) (Repealed) PART B SESSIONS, SITTINGS AND ADJOURNMENTS OF THE COUNCIL (1) At least one session of the Council shall be commenced in every calendar year, but a session commenced in one calendar year may be continued and concluded in the following year. (L.N. 258 of 1991) (2) A session shall end on such date as the Governor may appoint by notice published in the Gazette, or on a dissolution of the Council, whichever is earlier. (L.N. 178 of 1988) (3) A session shall begin on such date as the Governor may appoint by notice published in the Gazette, save that the period between the last sitting of one session and the first sitting of the next session shall not exceed 3 calendar months. Proceedings at First Sitting of Session Finance Committee Public Accounts Committee Committee on Members' Interests House Committee Bills Committees Panels Select Committees Procedure of Select Committees Premature Publication of Evidence Employment of Members in Professional Capacity Registration of Interests Personal Pecuniary Interest to be Disclosed Sanctions relating to Interests Admission of Press and Public Disorderly conduct Withdrawal of Strangers Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings Procedure for Obtaining Leave to Give Evidence of Council Proceedings Suspension of Standing Orders Procedure if Standing Orders do not Provide (1) At the first sitting of a session Members who have not yet taken or subscribed an oath or affirmation in accordance with the provisions of the Oaths and Declarations Ordinance (Cap. 11), shall then do so. (L.N. 189 of 1985) (2) Subject to paragraph (7) of this order, the Governor, if he so wishes, shall address the Council at the first sitting of a session. (L.N. 382 of 1995) (3) At a sitting not less than 14 days after the Governor has addressed the Council, a motion may be moved without notice for an address of thanks to the Governor for his address. (L.N. 258 of 1991) (4) (Repealed L.N. 258 of 1991) (5) A motion under paragraph (3) of this order shall be moved in the following form: (L.N. 258 of 1991) "That this Council thanks the Governor for his address.". (6) Amendments may be moved to the motion described in paragraph (5) of this order only by way of adding words at the end of the motion and may be moved without notice. (L.N. 258 of 1991) (7) If there is urgent business for the consideration of the Council at the first sitting of a session the Council shall proceed with that business, and the provisions of this order relating to the Governor's address shall apply to the next sitting at which there is no urgent business for the consideration of the Council. (L.N. 178 of 1988) Commencement of Sittings Interpretation Special Sittings during recess Sittings for urgent business after a dissolution (1) Sittings of the Council during each session shall be held on such days and shall begin at such hour as the President shall determine but a period of six weeks shall not elapse between the date of one sitting and the date appointed for the next sitting in the same session; except that the first sitting of a term of the Council shall be held on the date appointed by the Governor for the commencement of the first session of that term. (L.N. 85 of 1973; L.N. 382 of 1995) (2) Written notice of every sitting of the Council other than the first sitting of a new session and sittings held within 14 clear days of the commencement of the first session of a term of the Council shall be given by the Clerk to Members at least fourteen clear days before the day of the sitting but in cases of emergency and sittings held for the purposes of Standing Order No. 4AA (Attendance of the Governor) the President may dispense with such notice and in that event the longest possible notice shall be given. (L.N. 408 of 1992; L.N. 382 of 1995) (3) The President may, at any time after he has determined the day and hour upon which a sitting is to begin, change the day or hour so determined to a later day or hour, or to an earlier day or hour. Special Sittings during recess During any period when the Council is in recess between the end of one session and the beginning of the next session the Governor may, where he is satisfied that the public interest so requires, determine that a sitting of the Council shall be held on such day and shall begin at such hour as he may specify, and for this purpose these Standing Orders shall apply to that sitting as they apply to a sitting held during a session. Sittings for urgent business after a dissolution These Standing Orders shall apply to a sitting of the Council held for the consideration of urgent business following a dissolution of the Council as they apply to a sitting held during a session. Motions for the Adjournment of the Council (1) When for any sufficient reason it is not desired to formulate a motion in express terms for the purpose of debating a matter or matters, a motion that the Council do now adjourn may be moved for the purpose of such a debate. (2) Such a motion shall not require notice and may be moved only between two items of business. It may be moved by a Member or any designated public officer attending the sitting, with the permission of the President, if the President is satisfied that the adjournment is for the purpose of discussing a specific matter of urgent public importance. (L.N. 138 of 1971) (3) If such a motion shall be agreed to, the Council shall stand adjourned. (4) At the conclusion of all the business on the Order Paper a Member may move that this Council do now adjourn, for the purpose of raising any public matter for which the Government is responsible, with a view to eliciting a reply from a designated public officer. (L.N. 382 of 1995) (5) (Repealed L.N. 382 of 1995) (6) A Member who wishes to move a motion under the provisions of paragraph (4) of this order shall give notice of the matter in writing to the Clerk not less than seven clear days before the sitting at which he wishes to do so: (L.N. 138 of 1971; L.N. 314 of 1976) Provided that the President may in his discretion dispense with such notice. (6A) (Repealed L.N. 382 of 1995) (7) If at the expiration of forty-five minutes, or such longer period as the President may at any sitting determine, from the moving of a motion under paragraph (4) of this order a designated public officer has not yet been called upon to reply, the President shall direct the Member then speaking to resume his seat and shall call upon a designated public officer to reply. (L.N. 255 of 1983) (8) If at the expiration of one hour, or such longer period as the President may at any sitting determine, from the moving of the motion under paragraph (4) of this order such motion has not been agreed to, the President shall adjourn the Council without putting any question. (L.N. 138 of 1971; L.N. 255 of 1983) Quorum (1) The quorum of the Council and of a committee of the whole Council shall consist of twenty Members including the President or Chairman. (L.N. 138 of 1971; L.N. 255 of 1983) (2) If the attention of the President is drawn to the fact that a quorum is not present, he shall direct the Members to be summoned. If after fifteen minutes have expired he is satisfied that a quorum is not present, he shall adjourn the Council without question put. (3) If the attention of the Chairman in committee of the whole Council is drawn to the fact that a quorum is not present, he shall act as provided in paragraph (2) of this order, save that if he is satisfied that a quorum is not then present the Council shall be resumed and the President shall count the Council. If a quorum is then present the Council shall again resolve itself into committee but if a quorum is not present the President shall adjourn the Council without question put. (4) If from the number of Members taking part in a division, including those who abstained from voting, it appears that a quorum is not present, the division shall be invalid, the question on which it was held shall stand over until the next sitting, and the procedure prescribed in paragraph (2) or paragraph (3) of this order shall be followed. Order of Business at a Sitting PART C ARRANGEMENT OF BUSINESS (1) The business of each sitting other than a sitting under Standing Order No. 4AA (Attendance of the Governor), Standing Order No. 6 (Proceedings at First Sitting of Session) or a sitting to elect the President shall be transacted in the following order: (L.N. 42 of 1993; L.N. 382 of 1995) (a) Administration of oath or affirmation. (L.N. 189 of 1985) (aa) Obituary and other ceremonial speeches. (L.N. 258 of 1991) (b) Reading by the President of messages and announcements by the President. (c) Presentation of petitions. (d) Laying on the Table of papers and of reports of select committees. (L.N. 138 of 1971) (e) Asking and answering of questions put to the Government. (f) Statements by designated public officers. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (g) Personal explanations. (h) (Repealed L.N. 258 of 1991) (i) Proceedings on motions and bills. (ia) Requests for leave under Standing Order No. 67A (Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings) and Standing Order No. 67B (Procedure for Obtaining Leave to Give Evidence of Council Proceedings). (L.N. 382 of 1995) (j) Proceedings under Standing Order No. 9(4) (Motions for the Adjournment of the Council). (L.N. 382 of 1995) (k) (Repealed L.N. 382 of 1995) (2) The items of business mentioned in sub-paragraphs (a), (aa), (b), (c), (d), (f) and (g) of paragraph (1) of this order shall not require notice; but with the exception of items (a) and (b) they shall not be entered upon save with the previous leave of the President. (L.N. 382 of 1995) The Order Paper (1) The Order Paper shall be in English and Chinese. All items of business for a sitting of which notice has been given shall be placed on the Order Paper for that sitting in the order required by Standing Order No. 11 (Order of Business at a Sitting). (L.N. 333 of 1988) (2) All questions to the Government shall be placed on the Order Paper in accordance with the provisions of Standing Order No. 19(1) and (2) (Asking and Answering of Questions). (L.N. 258 of 1991; L.N. 382 of 1995) (3) Motions proposed to be made by and bills in the charge of public officers shall be placed on the Order Paper before motions proposed to be made by and bills in the charge of Members. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (4) This Standing Order does not apply to a sitting under Standing Order No. 4AA (Attendance of the Governor), Standing Order No. 6 (Proceedings at First Sitting of Session) or a sitting to elect the President. (L.N. 382 of 1995) Presentation of Petitions PART D PETITIONS AND PAPERS (1) A petition may be presented to the Council only by a Member. (2) A Member who wishes to present a petition to the Council shall inform the President not later than the day before the sitting at which he wishes to present it. When so informing the President he shall certify in writing to the President that the petition is respectful and, in his opinion, deserving of presentation. (3) Except on the recommendation of the Governor, the President shall not permit a petition to be received if, in his opinion, the petition requests that provision should be made for imposing or increasing a tax, for imposing or increasing a charge on the revenue or other public moneys of Hong Kong or for altering such a charge otherwise than by reducing it, or for compounding or remitting a debt due to the Crown. (L.N. 255 of 1983) (4) The signification of the Governor's recommendation shall be recorded in the minutes of proceedings. (5) No speech shall be made by a Member presenting a petition beyond a summary statement of the number and description of the petitioners and the substance of the petition. (6) If, immediately after a petition has been presented, a Member rises in his place and requests that the petition be referred to a select committee, the President shall call upon those Members who support the request to rise in their places. If not less than twenty Members then rise the petition shall stand referred to a select committee. (L.N. 314 of 1976; L.N. 255 of 1983) Presentation of Papers (1) A paper may be presented to the Council by a designated public officer, or, with the permission of the President, by a Member. (L.N. 221 of 1987; L.N. 258 of 1991) (2) Whenever a Member or a designated public officer wishes to present a paper he shall send a copy of it to the Clerk, who shall distribute a copy to each Member and may also arrange for its publication. A copy of the paper shall be laid on the Table of the Council at the opening of the next sitting and the Clerk shall record its laying and the date of publication in the minutes of the proceedings of that sitting. (3) Whenever a paper has been laid on the Table of the Council, the Member or the designated public officer presenting it may, with the permission of the President, address the Council thereon. (4) A Member or a designated public officer may, with the consent of the President, address the Council on subsidiary legislation laid on the Table of the Council, provided that the period (or any extended period) under section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) for amendment of the subsidiary legislation has not expired. A Member or a designated public officer who wishes to address the Council under this paragraph at any sitting shall inform the President of his wish before the beginning of that sitting. (L.N. 382 of 1995) (5) No debate may arise on any address presented by a Member or a designated public officer under paragraph (3) or (4) but the President may in his discretion allow short questions to be put to the Member or the designated public officer making the address for the purpose of elucidating any matter raised by the Member or the designated public officer in the course of his address. (L.N. 408 of 1992) Nature of Questions PART E QUESTIONS TO THE GOVERNMENT (1) Any Member may address a question to the Government relating to a public matter for which the Government is responsible, and either seeking information on such matter or asking for official action with regard to it. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (2) A question shall specify whether an oral or a written reply is required. (L.N. 138 of 1971) Question Time (1) Questions may be asked at any sitting except the first sitting of a session. (2) Not more than twenty questions of which notice has been given may be asked at any one sitting and the questions shall be counted by the Clerk in the manner recommended by the House Committee and agreed by the President. (L.N. 256 of 1976; L.N. 258 of 1991; L.N. 382 of 1995) (3) Where, in the opinion of the President, there will be no debate on a substantive motion at a sitting, no more than ten questions shall require an oral reply. Where, in the opinion of the President, there will be such a debate, no more than six questions shall require an oral reply. The questions shall be counted by the Clerk in the manner recommended by the House Committee and agreed by the President. (L.N. 258 of 1991; L.N. 114 of 1992; L.N. 408 of 1992; L.N. 382 of 1995) (3A) The House Committee may recommend to the President that in respect of a particular sitting no question requiring an oral reply should be asked; and if the President accepts such recommendation no such question shall be asked at that sitting, save that the President may permit urgent questions under the provisions of Standing Order No. 17(4) (Notice of Questions). (L.N. 382 of 1995; L.N. 465 of 1995) (4) In this order, "substantive motion" means a motion that is independent and not subsidiary to another motion, and does not include a motion under Standing Order No. 6 (Proceedings at First Sitting of Session) or under Parts K (Procedure on Bills) and L (Financial Procedure) of these Standing Orders. (L.N. 258 of 1991) Notice of Questions (1) A question shall not be asked without notice except as provided in paragraph (4) of this order. (2) A Member shall give notice of a question by delivering to the office of the Clerk, not later than seven clear days before the sitting at which an answer is required, a copy thereof signed by the Member; provided that for questions requiring an answer at the second sitting of the first session of a term the period of notice shall be not less than 4 clear days. (L.N. 138 of 1971; L.N. 408 of 199; L.N. 382 of 1995) (3) A Member may not ask more than two questions of which notice has been given at any one sitting and not more than one of those questions shall require an oral reply: Provided that the President may, if in his opinion an additional question is an important one of public concern, allow a Member to ask that additional question. (L.N. 258 of 1991) (4) If a Member asks the permission of the President to ask a question without notice on the ground that it is of an urgent character and relates to a matter of public importance, the President may permit the question to be asked without notice, if he is satisfied that it is of that nature and that sufficient private notice of the question has been or is to be given by the Member concerned to the Government to enable the question to be answered. Contents of Questions (1) A question shall conform to the following rules: (a) A question shall not include the names of persons, or statements which are not strictly necessary to make the question intelligible. (b) A question shall not contain a statement which the Member who asks the question is not prepared to substantiate. (c) A question shall not contain arguments, inferences, opinions, imputations or epithets, or tendentious, ironical or offensive expressions. (d) A question shall not contain independant questions or be so complex that it cannot reasonably be answered as a single question. (L.N. 258 of 1991) (e) A question shall not refer to proceedings in a committee before that committee has made its report to the Council. (f) A question shall not seek information about a matter which is of its nature secret. (g) A question shall not reflect on the decision of a court of law or be so drafted as to be likely to prejudice a case pending in a court of law. (h) A question shall not be asked for the purpose of obtaining an expression of opinion, the solution of an abstract legal question, or the answer to a hypothetical proposition. (i) A question shall not be asked whether statements in the press or of private individuals or private concerns are accurate. (j) A question shall not be asked about the character or conduct of any person mentioned in Standing Order No. 31(7) and (8) (Contents of Speeches) and a question shall not be asked about the character or conduct of any other person except in his official or public capacity. (L.N. 382 of 1995) (k) A question shall not be asked seeking information which can be found in accessible documents or ordinary works of reference. (l) A question which has been fully answered shall not be asked again during the same session. (2) If the President is of the opinion that a question of which a Member has given notice to the Clerk or which a Member has sought to ask without notice infringes any of the provisions of Standing Order No. 15 (Nature of Questions) or of this order, he may direct- (a) that it be placed on the Order Paper with such alterations as he may direct; or (b) in the case of a question which a Member has sought to ask without notice, that it may be so asked with such alterations as he may direct; or (c) that the Member concerned be informed that the question is out of order. Asking and Answering of Questions Sitting under Standing Order No. 4AA (1) Every question in respect of which a Member has given due notice under the provisions of Standing Order No. 17 (Notice of Questions) and which complies with the provisions of Standing Order No. 18 (Contents of Questions) shall be put on the Order Paper for the sitting at which the Member has stated that he wishes to ask it. (2) The questions to be asked at each sitting shall, subject to the provisions of Standing Order No. 16(2) (Question Time), be placed on the Order Paper by the Clerk in the order in which notice of them was received by him, and when a Member has given notice of several questions at the same time in the order indicated by the Member. (L.N. 382 of 1995) (3) When each question is reached on the Order Paper the President shall, except in the case of a question for which a written answer has been sought, call on the Member in whose name the question stands. The Member alled shall then rise in his place and ask the question and the designated public officer who is to answer it shall give his reply. (L.N. 138 of 1971; L.N. 314 of 1976; L.N. 221 of 1987; L.N. 382 of 1995) (4) After an answer has been given to a question supplementary questions may be put by any Member when called upon by the President for the purpose of elucidating that answer, but the President shall refuse to allow a supplementary question to be answered, if in his opinion it introduces matter which is not related to the original question or answer or which infringes any of the provisions of Standing Order No. 15 (Nature of Questions) or Standing Order No. 18 (Contents of Questions). (5) A Member shall not address Council on a question and a question shall not be made a pretext for a debate. (6) If a Member is not present to ask his question when his name is called the question may with his consent be asked by another Member, but otherwise shall be treated as a question for which a written answer has been sought. (L.N. 287 of 1996) (7) In the case of a question for which a written answer has been sought, or in the case of a supplementary question for which a written answer has been offered, a written answer shall be supplied to each Member and shall be printed in the Official Record. (L.N. 138 of 1971; L.N. 255 of 1983) (8) A Member who has given notice of a question may withdraw the question by giving notice to the Clerk before 1.00 p.m. on the day of the sitting at which the question is to be asked. (L.N. 287 of 1996) Sitting under Standing Order No. 4AA This Part (other than Standing Order No. 18 (Contents of Questions)) does not apply to questions put to the Governor under Standing Order No. 4AA (Attendance of the Governor). Statements by designated public officers PART F STATEMENTS (1) A designated public officer who wishes to make a statement on some public matter for which the Government is responsible shall inform the President of his wish before the beginning of the sitting at which he wishes to make the statement. (L.N. 221 of 1987) (2) No debate may arise on such a statement but the President may in his discretion allow short questions to be put to the public officer making the statement for the purpose of elucidating it. Notice of Motions and Amendments PART G MOTIONS (1) Except as otherwise provided in these Standing Orders, no motion shall be moved in the Council or a committee of the whole Council unless notice of it has been given not less than twelve clear days before the day on which the motion is to be considered by the Council or a committee of the whole Council: (L.N. 138 of 1971) Provided that the President or Chairman, as the case may be, may in his discretion dispense with such notice. (1A) No motion to amend subsidiary legislation which is subject to the provisions of section 34 of the Interpretation and General Clauses Ordinance (Cap. 1) shall be moved in Council unless notice of it has been given not less than five clear days before the day on which the motion is to be considered by the Council: Provided that the President may in his discretion dispense with such notice. (L.N. 382 of 1995) (1B) No motion to extend the period referred to in section 34(4) of the Interpretation and General Clauses Ordinance (Cap. 1) in relation to subsidiary legislation shall be moved in Council unless notice of it has been given not less than three clear days before the day on which the motion is to be considered by the Council: Provided that the President may in his discretion dispense with such notice. (L.N. 382 of 1995) (1C) The notice period required for any amendment to a motion referred to in paragraph (1A) or (1B) shall be decided by the President according to his discretion. (L.N. 382 of 1995) (2) Except as otherwise provided in these Standing Orders, no amendment shall be moved to a motion unless- (a) notice of the amendment has been given not later than five clear days before the day on which the motion concerned is to be considered by the Council or a committee of the whole Council; or (b) the President or Chairman, as the case may be, gives leave to dispense with notice of the amendment. Manner of Giving Notice of Motions and Amendments (1) Notice of a motion or an amendment shall be given by delivering a copy of the motion or amendment in writing to the office of the Clerk. The notice shall be signed by the Member wishing to move the motion or amendment. (1A) A notice of an amendment to a motion shall be in English if the motion is in English and in Chinese if the motion is in Chinese. (L.N. 333 of 1988) (1B) (Repealed L.N. 382 of 1995) (2) A notice of a motion or an amendment shall be submitted to the President, who shall direct- (a) that it be printed in the terms in which it was handed in; or (b) that it be printed with such alterations as he may direct; or (c) that it be returned to the Member who signed it, as being in his opinion out of order. (3) (Repealed L.N. 382 of 1995) Restriction on Motions and Amendments Motions on Previous Decisions of Council A motion or amendment, the object or effect of which may, in the opinion of the President or Chairman, be to dispose of or charge any part of the revenue or other public moneys of Hong Kong shall be proposed only by- (a) the Governor; (b) a public officer designated by the Governor under Standing Order No. 4B (Attendance of Public Officers); or (L.N. 382 of 1995) (c) a Member of the Council expressly authorized or permitted by the Governor to make such a proposal. Motions on Previous Decisions of Council Where the Council has taken a decision on a specific question no further motion shall be moved in relation to that question during the current session except a substantive motion to rescind the decision, moved with the permission of the President. Manner of Debating Motions (1) A Member called upon by the President or Chairman to move a motion shall rise in his place and in moving the motion shall make such remarks as he may wish. (L.N. 314 of 1976) (2) When a motion has been moved, the President or Chairman shall propose the question thereon to the Council or the committee of the whole Council; debate may then take place on that question. (L.N. 314 of 1976; L.N. 258 of 1991) (3) Amendments of which notice has been given or dispensed with in accordance with Standing Order No. 21(2)(a) or (b) (Notice of Motions and Amendments) may be moved to a motion at any time after the question has been proposed on the motion by the President or Chairman and after all the amendments have been disposed of the President or Chairman shall again propose the question on the motion, or shall propose the question on the motion as amended, as the case may require, and a further debate may take place. (L.N. 382 of 1995; L.N. 465 of 1995) (4) When no more Members wish to speak the President or Chairman shall put the question on the motion, or on the motion as amended, to the Council or to the committee of the whole Council for its decision. (L.N. 258 of 1991; L.N. 382 of 1995) Manner of Debating Amendments to Motions (1) A Member called upon by the President or Chairman to move an amendment to a motion shall rise in his place and after making such remarks as he may wish to make shall move the amendment. (2) An amendment to a motion shall take one of the following forms- (a) To leave out one or more words of the motion. (b) To insert or add one or more words in the motion or at the end of the motion. (c) To leave out one or more words of the motion and to insert or add one or more words instead. (3) When an amendment has been moved the President or Chairman shall thereupon propose the question that the amendment be made; and a debate may then take place on that question. (4) When two or more amendments are proposed to be moved to the same motion the President or Chairman shall call on the movers in the order in which their amendments relate to the text of the motion, or in cases of doubt in the order decided by the President or Chairman. (5) When no more Members wish to speak the President or Chairman shall put the question that the amendment be made to the Council or the committee of the whole Council for its decision. (L.N. 258 of 1991) Withdrawal of Motions and Amendments (1) A motion or an amendment may be withdrawn at the request of the mover by leave of the Council or committee of the whole Council before the question is fully put thereon, if there is no dissenting voice. A motion or amendment which has been so withdrawn may be proposed again if, in the case of a motion, the notice required by these Standing Orders is given. (L.N. 258 of 1991) (2) A notice of a motion or an amendment may be withdrawn at any time before it is moved, if the Member in whose name the motion or amendment stands gives instructions to that effect to the Clerk. Time and Manner of Speaking Recommendations of House Committee as to time of Speaking PART H RULES OF DEBATE (1) A Member shall speak standing and shall address his observations to the President or Chairman. (2) When the President or Chairman rises, during proceedings in Council or in committee of the whole Council, every Member shall be seated. (3) If two or more Members rise or raise their hands at the same time to speak, the President or Chairman shall select one Member and call on him to speak. (4) When a Member has finished speaking he shall resume his seat and any other Members wishing to speak shall rise or raise their hands. (5) Subject to Standing Order No. 27A (Recommendations of House Committee as to time of Speaking), a Member shall not, without the permission of the President or the Chairman, to be given only in exceptional circumstances, make a speech lasting more than fifteen minutes. (L.N. 258 of 1991; L.N. 26 of 1993) (6) The restriction on speaking time referred to in paragraph (5) shall not apply to designated public officers. (L.N. 382 of 1995) Recommendations of House Committee as to time of Speaking (1) In relation to any motion or amendment to a motion (other than a motion intended to have legislative effect) to be moved at a sitting of the Council, whether or not the motion or amendment has at the time been placed on the Order Paper, the House Committee may recommend- (a) that the mover of the motion should not speak for more than a specified number of minutes (such period to be inclusive of any speech in reply under Standing Order No. 28(3) (Occasions where a Member may speak more than once)); (b) that the mover of an amendment to the motion should not speak for more than a specified number of minutes; and (c) that other Members each should not speak for more than a specified number of minutes. (2) Where the House Committee so recommends under paragraph (1) the Chairman shall cause the President to be notified in writing of the Committee's recommendations. (3) Any recommendations of the House Committee under paragraph (1), if accepted by the President (in which event he shall so inform Members as soon as practicable prior to calling upon the Member to move the motion), shall be binding upon all Members, but not upon designated public officers, and the President shall direct any Member speaking in excess of the recommended specified time to discontinue his speech. Occasions when a Member may speak more than once (1) Save with the leave of the President, a Member maynot speak more than once on a question, except- (a) in committee of the whole Council; or (L.N. 382 of 1995) (b) in explanation as provided in paragraph (2) of this order; or (c) in the case of the mover of a motion, in reply as provided in paragraph (3) of this order; or (d) upon a motion "That this Council thanks the Governor for his address" as provided in paragraph (6) of this order. (L.N. 217 of 1980) (2) A Member who has spoken on a question may again be heard,if the President so permits, to explain some part of his speech which has been misunderstood, but when speaking he shall not introduce new matter. (3) In the Council the mover of a motion may reply after all other Members present have had an opportunity of speaking and before the question is put; but the mover of an amendment shall not have the right of reply. (4) A Member who has spoken on a question may speak againon an amendment proposed to that question, and on a motion that the debate now be adjourned moved during the debate on that question. (5) No Member may speak on a question after it has been fully put to the Council or a committee of the whole Council for decision by the President or Chairman. (L.N. 382 of 1995) (6) A designated public officer who has spoken on a motion "That this Council thanks the Governor for his address" may speak a second time upon that motion in reply to any matter raised during the debate on the motion. (L.N. 217 of 1980; L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) Interruptions A Member shall not interrupt another Member, except- (a) by rising to a point of order, when the Member speaking shall resume his seat and the Member interrupting shall direct attention to the point which he wishes to bring to notice and submit it to the President or Chairman for decision; or (b) to seek elucidation of some matter raised by that Member in the course of his speech, if the Member speaking is willing to give way and resume his seat and the Member wishing to interrupt is called by the President or Chairman. (L.N. 382 of 1995) Adjournment of Debate or of Proceedings of a Committee (1) A Member who has risen to speak on a question in the Council may move without notice that the debate be now adjourned. Thereupon the President shall propose the question on that motion. (L.N. 138 of 1971) (2) When a motion that the debate be now adjourned has been agreed to, the debate on the question then before the Council shall stand adjourned and the Council shall proceed to the next item of business. (3) When a motion that the debate be now adjourned has been negatived, the debate on the question then before the Council shall be continued and no further motion that the debate be now adjourned shall be moved during that debate except by a designated public officer. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (4) When the Council is in committee a Member may move without notice that further proceedings of the committee be now adjourned. Thereupon the Chairman shall propose the question on that motion. If the motion is agreed to, the Council shall resume; but if the motion is negatived, the committee shall continue its proceedings. (5) It shall not be in order to move an amendment to a motion under the provisions of this order. (6) A debate adjourned under the provisions of paragraph (2) of this order may be resumed at a subsequent sitting of the Council provided that the Member or public officer who moved the motion for that debate, or in the case of a debate on a bill, the Member or public officer in charge of the bill, shall give notice in writing to the Clerk of his intention to resume the debate not less than five clear days before the day on which the debate is to be resumed: (L.N. 465 of 1995) Provided that the President may in his discretion dispense with such notice. (L.N. 382 of 1995) (7) Proceedings of a committee of the whole Council adjourned under the provisions of paragraph (4) of this order may be resumed at a subsequent sitting of the committee provided that the Member or public officer in charge of the bill to which the adjourned proceedings relate shall give notice in writing to the Clerk of his intention to resume the proceedings not less than five clear days before the day on which the proceedings are to be resumed: Provided that the Chairman may in his discretion dispense with such notice. (L.N. 382 of 1995) (8) The provisions of paragraphs (1), (2), (3), (4) and (5) of this order shall apply to any debate or proceedings resumed under the provisions of paragraphs (6) and (7). (L.N. 382 of 1995) Contents of Speeches (1) A Member shall restrict his observations to the subject under discussion and shall not introduce matter irrelevant to that subject. (2) Reference shall not be made to a case pending in a court of law in such a way as, in the opinion of the President or Chairman, might prejudice that case. (3) It shall be out of order to attempt to reconsider a specific question on which the Council has taken a decision during the current session, except in debate on a substantive motion to rescind that decision moved with the permission of the President. (L.N. 382 of 1995) (4) It shall be out of order to use offensive and insulting language about Members of the Council. (5) A Member shall not impute improper motives to another Member. (6) The name of Her Majesty or of the Governor shall not be used to influence the Council. (7) The conduct of Her Majesty and Members of the Royal Family shall not be called in question. (8) The conduct of the Governor or Members of the Executive or Legislative Councils otherwise than in the performance of their official duties shall not be raised. (L.N. 258 of 1991) (9) The conduct of Judges or other persons performing judicial functions shall not be raised. (L.N. 258 of 1991) Behaviour of Members not Speaking Application of Rules to Committees During a sitting of the Council- (L.N. 382 of 1995) (a) all Members shall enter or leave the Council with decorum; (b) no Member shall cross the floor of the Council unnecessarily; (c) Members shall not read newspapers, books, letters or other documents, except such matter therein as may be directly connected with the business of the Council; and (d) while a Member is speaking all other Members shall be silent and shall not make unseemly interruptions. Application of Rules to Committees The rules in this Part shall apply to the proceedings in a standing or select committee unless the chairman of the committee orders otherwise. Decision of Chair Final PART I RULES OF ORDER The President in Council, the Chairman in a committee of the whole Council or the chairman of any standing or select committee shall be responsible for the observance of the rules of order in the Council and committee respectively. His decision on a point of order shall be final. Order in Council and Committee (1) The President, the Chairman of a committee of the whole Council or the chairman of any standing or select committee, after having called the attention of the Council or the committee to the conduct of a Member who persists in irrelevance or tedious repetition of his own or other Members' arguments in the debate, may direct him to discontinue his speech. (2) The President, the Chairman of a committee of the whole Council or the chairman of any standing or select committee shall order a Member whose conduct is grossly disorderly to withdraw immediately from the Council or the committee for the remainder of that sitting; and the Clerk shall act on orders received by him from the Chair to ensure compliance with this order. Decision of Questions PART J VOTING (1) All questions put to the Council or a committee of the whole Council shall be decided by a majority of the votes of the Members present and voting. (2) The President or Chairman shall, if the votes be equally divided, have a casting vote in addition to his original vote. (L.N. 382 of 1995) Collection of Voices Use of Electronic Voting System (1) When the President or Chairman puts a question tothe Council or to the committee of the whole Council for its decision he shall first call upon those Members who are in favour of the question to say "Aye" and then upon those who are against the motion to say "No". (L.N. 258 of 1991) (2) As soon as the President or Chairman has collected the voices of the Ayes and of the Noes, the question being then fully put no other Member may speak to it. (3) The President or Chairman may, according to his judgment of the number of voices on either side, then state that he thinks the Ayes have it or that he thinks the Noes have it, as the case may be; and if no Member challenges his statement as provided in the next succeeding paragraph he shall declare the question to have been so decided. (4) If a Member challenges the statement of the President or Chairman that he thinks the Ayes or the Noes have it by claiming a division, then the President or Chairman shall order the Council or the committee, as the case may be, to proceed to a division; and, subject to Standing Order No. 37(4) to (7) (Divisions), the division shall be held forthwith immediately after a division bell has been rung for three minutes. (L.N. 258 of 1991; L.N. 133 of 1996) (5) (Repealed L.N. 258 of 1991) Use of Electronic Voting System Unless the President or Chairman otherwise directs, where an electronic system of voting is provided in the Council or a committee of the whole Council for the purposes of a division, the Members present and voting shall cast their votes in the division by using such electronic system in accordance with the operating requirements of the system, and the President or Chairman shall declare the result of the division accordingly. Divisions (1) Subject to Standing Order No. 36A (Use of Electronic Voting System), when a division has been ordered, the votes shall be taken by the Clerk, who shall ask each Member separately how he wishes to vote. A Member shall, upon his name being called, give his vote saying "Aye" or "No" or by expressly stating that he abstains from voting. (L.N. 258 of 1991; L.N. 382 of 1995) (2) As soon as the Clerk has taken the votes, the President or Chairman shall state the number voting for the Ayes and for the Noes respectively and shall then declare the result of the division. (3) If a Member states that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, if his statement is made before the President or Chairman has declared the result of the division. (4) Immediately after the President has declared the result of a division on an amendment to a motion, or the Chairman has declared the result of a division on an amendment to a bill, a Member may move without notice that in the event of further divisions being claimed in respect of the motion or any amendments thereto, or in respect of any amendments to the bill, the Council or the committee of the whole Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President or the Chairman shall propose the question on that motion. (L.N. 133 of 1996) (5) When a motion under paragraph (4) has been agreed to the President or the Chairman shall order accordingly in respect of each of such further divisions, if any. (L.N. 133 of 1996) (6) Where there is more than one motion in respect of subsidiary legislation on the Order Paper (excluding motions referred to in Standing Order No. 21(1B) (Notice of Motions and Amendments)) then, immediately after the President has declared the result of the first division on any such motion or any amendment thereto, a Member may move without notice that in the event of further divisions being claimed at that sitting in respect of motions on subsidiary legislation, or amendments thereto, the Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President shall propose the question on that motion. (L.N. 133 of 1996) (7) When a motion under paragraph (6) has been agreed to the President shall order accordingly in respect of each of such further divisions, if any. (L.N. 133 of 1996) Form of Bills PART K PROCEDURE ON BILLS (1) A bill for presentation to the Council shall conform to the requirements laid down in this order. (2) The bill shall be given a short title corresponding with the title by which it is to be cited if it becomes law, and that short title shall remain unchanged throughout the passage of the bill. (L.N. 258 of 1991) (3) The bill shall be given a long title setting out the purposes of the bill in general terms. (3A) Bills may be presented in English or Chinese. (L.N. 333 of 1988) (4) The clauses of the bill shall be preceded by the enacting formula prescribed by law. (5) The bill shall be divided into clauses numbered consecutively and having a descriptive section heading above each clause. (L.N. 178 of 1988) (6) An explanatory memorandum stating the contents and objects of the bill in non-technical language shall be attached to the bill. (7) In the case of a bill, not being a Government measure, intended to affect or benefit some particular person, association or corporate body, there shall be included in the bill a clause saving the rights of Her Majesty, Her heirs and successors, all bodies politic and corporate, and all others except such as are mentioned in the bill, and those claiming by, from and under them. Notice of Presentation of Bills (1) A Member or a designated public officer may at any time give notice of his intention to present a bill; such notice shall be sent to the office of the Clerk and shall be accompanied by a copy of the bill and memorandum required by Standing Order No. 38 (Form of Bills), and in the case of a Member, also by a certificate signed by the Law Draftsman pursuant to paragraph (1A). (L.N. 433 of 1994; L.N. 465 of 1995) (1A) In the case of a bill to be presented by a Member, the Law Draftsman, if satisfied that the bill conforms to the requirements of Standing Order No. 38 (Form of Bills) and the general form of Hong Kong legislation, shall issue a certificate to that effect. (L.N. 433 of 1994) (2) In the case of a bill having any object or effect such as is described in Standing Order No. 23 (Restriction on Motions and Amendments), the notice shall be accompanied by a certificate signed by the Chief Secretary, stating that the Governor's authorization or permission will be signified to the bill on second reading. (L.N. 314 of 1976) (2A) In the case of a bill presented in one official language in pursuance of a direction under section 4(3) of the Official Languages Ordinance (Cap. 5), the notice shall be accompanied by a certificate signed by the Chief Secretary stating that the Governor in Council has directed that the bill should be presented in the English language or, as the case may be, the Chinese language. (L.N. 333 of 1988) (3) In the case of a bill presented by a Member having any intention such as is described in Standing Order No. 38(7) (Form of Bills), the notice shall be accompanied by a certificate signed by the Member, stating that the bill has been published in two successive publications of the Gazette and that notice of the bill has been given by two advertisements in each of two daily newspapers published in Hong Kong, one of which shall be a Chinese language newspaper. (L.N. 255 of 1983; L.N. 221 of 1987; L.N. 258 of 1991) (3A) (a) A bill which, in the opinion of the President, contains substantially the same provisions as another bill on which the Council has already taken a decision at second reading shall not be further proceeded with in the same session and shall be withdrawn. (b) If a bill which has been read for the second time is subsequently withdrawn another bill with substantially the same provisions may be presented in the same session, subject to the provisions of Standing Order No. 38 (Form of Bills), this Order and Standing Order No. 40 (Presentation and Publication of Bills). (L.N. 382 of 1995) (4) A Member presenting a bill shall be known throughout the subsequent proceedings on the bill as the Member in charge of the bill. (5) A public officer presenting a bill shall be known throughout the subsequent proceedings on the bill as the public officer in charge of the bill; and references in these Standing Orders to a Member in charge of a bill include a public officer in charge of a bill. (L.N. 258 of 1991) Presentation and Publication of Bills (1) The Clerk shall, after receipt of a bill for presentation to the Council, cause the text of the bill and its explanatory memorandum to be published in the Gazette unless- (a) the President directs that the bill shall not be published in the Gazette before it has been read the first time; or (L.N. 258 of 1991) (b) the bill has already been published in the Gazette in accordance with Standing Order No. 39(3) (Notice of Presentation of Bills). (L.N. 382 of 1995) (2) The Clerk shall, after receipt of a bill for presentation to the Council, cause a copy of the bill and its explanatory memorandum to be sent to every Member present within Hong Kong, whereupon the bill shall be deemed to have been presented to the Council. First Reading of Bills (1) The short title of a bill presented to the Council in accordance with Standing Order No. 40(2) (Presentation and Publication of Bills) shall be placed on the Order Paper for first reading at such sitting as may be specified to the Clerk by the Member in charge of the bill. (L.N. 138 of 1971; L.N. 382 of 1995) (2) No debate shall be allowed upon the first reading of a bill; and the bill shall be deemed to have been read the first time upon the Clerk reading the short title. (3) When a bill has been read the first time, the Council shall be deemed to have ordered the bill to be set down for second reading, and the order of the Council shall be so recorded in the minutes of proceedings; and notice of motion for second reading shall not be required to be given by the Member in charge of the bill. Second Reading (1) In the case of a bill presented by a Member having any object or effect such as is described in Standing Order No. 23 (Restriction on Motions and Amendments), the President shall call for the signification of the authorization or permission of the Governor by a designated public officer before the Council enters upon consideration of the second reading of the bill and the motion that the bill be now read the second time shall not be moved unless such authorization or permission has been signified accordingly. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (2) The signification of the Governor's authorization or permission shall be recorded in the minutes of proceedings. (L.N. 382 of 1995) (3) Subject to paragraphs (3A) and (3B), the Council shall proceed to the second reading of a bill on a motion that the bill be now read the second time; and on this motion a debate may arise covering the general merits and principles of the bill. (L.N. 226 of 1992) (3A) Except in relation to Appropriation Bills, when the Member in charge of a bill has spoken on a motion that the bill be now read the second time, the debate shall be adjourned and the bill shall be referred to the House Committee unless the Council, on a motion which may be moved without notice by any Member, otherwise orders. (L.N. 226 of 1992) (3B) When a debate has been adjourned under paragraph (3A), it may be resumed on notice by the Member or public officer in charge of the bill, given by him in writing delivered to the office of the Clerk, after consultation with the chairman of the House Committee, subject to the following- (a) subject to subparagraphs (b) and (c), resumption of debate shall not take place earlier than 9 clear days after the sitting of House Committee at which the bill was considered in preparation for resumption of debate; (b) if at the sitting of House Committee to consider the bill in preparation for resumption of debate the committee recommends a period longer than 9 clear days before resumption then resumption shall not take place earlier than 12 clear days after that sitting; (c) if at the sitting of House Committee to consider the bill in preparation for resumption of debate the committee recommends that the second reading debate be resumed at the next sitting of the Council then resumption may take place at that sitting with the permission of the President provided that due notice has been given under subparagraph (e); (L.N. 157 of 1996) (d) subject to subparagraph (e), notice of resumption of debate shall be given by the Member or public officer in charge of the bill not less than 12 clear days before the day on which the debate is to be resumed; (L.N. 157 of 1996) (e) where resumption of debate is to take place 9 clear days or less after the sitting of House Committee at which the bill was considered in preparation for resumption, then notice of resumption of debate shall be given no later than 2 clear days after that sitting. (L.N. 157 of 1996) (4) No amendment may be proposed to the question that the bill be now read the second time. (5) When a motion for the second reading of a bill has been negatived no further proceedings shall be taken on that bill. Committal of Bills (1) When a motion for the second reading of a bill has been agreed to, the bill shall stand committed to a committee of the whole Council, unless- (a) the Council, on a motion which may be moved without notice by any Member immediately after the bill has been read the second time, commit the bill to a select committee; or (b) the President is of the opinion that the bill would specially benefit or otherwise specially affect some particular person or association or corporate body, in which case he may direct that the bill be committed to a select committee. (2) Notice of proceedings upon a bill in committee of the whole Council shall not be required to be given by the Member in charge of the bill. (3) Proceedings upon a bill in select committee shall be begun upon a day appointed in accordance with Standing Order No. 62(2) (Procedure of Select Committees). (L.N. 382 of 1995) Functions of Committees on Bills (1) Any committee of the whole Council or select committee to which a a bill is committed shall not discuss the principles of the bill but only its details. (L.N. 226 of 1992) (2) Any such committee shall have power to make such amendments therein as they shall think fit, provided that the amendments, including new clauses and new schedules, are relevant to the subject matter of the bill. Amendments to Bills (1) The provisions of this order shall apply to amendments proposed to be moved to bills in committee of the whole Council, in a select committee, and on recommittal. (2) Notice of amendments proposed to be moved to a bill shall be given not less than seven clear days before the day on which the bill is to be considered in committee; and except with the leave of the Chairman no amendment of which notice has not been so given may be moved to a bill. (L.N. 255 of 1983; L.N. 408 of 1992) (3) The provisions of Standing Order No. 22 (Manner of Giving Notice of Motions and Amendments) shall apply to notice of amendments to bills with the substitution of the word "Chairman" for "President" in paragraph (2) of that order. (4) The following provisions shall apply to amendments relating to bills: (a) An amendment must be relevant to the subject matter of the bill and to the subject matter of the clause to which it relates. (b) An amendment must not be inconsistent with any clause already agreed to or with any previous decision of the committee upon the bill. (c) An amendment must not be such as to make the clause which it proposes to amend unintelligible or ungrammatical. (d) An amendment which is in the opinion of the Chairman frivolous or meaningless may not be moved. (e) Where an amendment is proposed to be moved to a bill presented in both official languages the amendment shall be made to the text in each language unless it is an amendment that clearly affects the text in one language only. But an amendment which creates a conflict or discrepancy between the text in one language and the text in the other may not be moved. (L.N. 333 of 1988) (5) If an amendment refers to, or is not intelligible without,a subsequent amendment or schedule, notice of the subsequent amendment or schedule must be given before the first amendment is moved so as to make the series of amendments intelligible as a whole. (6) An amendment, the object or effect of which may, in the opinion of the Chairman, be to dispose of or charge any part of the revenue or other public moneys of Hong Kong shall be proposed only by- (a) the Governor; (b) a public officer designated by the Governor under Standing Order No. 4B (Attendance of Public Officers); or (L.N. 382 of 1995) (c) a Member of the Council expressly authorized or permitted by the Governor to make such a proposal. (L.N. 42 of 1993) Procedure in Committee of the whole Council on a Bill (1) The Chairman in a committee of the whole Council shall propose "That the following clauses stand part of the bill", and shall direct the Clerk to call the numbers of the clauses. On the number or numbers of any clause or group of clauses being called, the question that that clause or group of clauses stand part of the bill shall be deemed to have been proposed. In the event of a clause being amended the number of the clause, as amended, shall be called again by the Clerk, and the question that the clause as amended stand part of the bill shall be deemed to have been proposed. (L.N. 138 of 1971; L.N. 314 of 1976; L.N. 178 of 1988; L.N. 382 of 1995) (2) In order to save time and repetition of arguments, the Chairman may allow a single discussion to cover a series of interdependent amendments. (3) The provisions of Standing Order No. 25 (Manner of Debating Amendments to Motions) shall apply to the discussion of amendments to bills, with the substitution of the word "clause" for the word "motion". (4) A clause may be postponed, unless a decision has already been taken upon an amendment thereto. Postponed clauses shall be considered after the remaining clauses of the bill have been considered and before new clauses are brought up. (5) Any proposed new clause shall be considered after the clauses of the bill have been disposed of and before consideration of any schedule of the bill: Provided that a new clause proposed in substitution for a clause which has been disagreed to may be considered immediately after such disagreement. (6) On the section heading of any new clause being read by the Clerk the clause shall be deemed to have been read a first time. The question shall then be proposed "That the clause be read a second time"; if this is agreed to, amendments may then be proposed to the new clause. The final question to be proposed shall be "That the clause (or the clause as amended) be added to the bill". (L.N. 178 of 1988) (7) Schedules shall be disposed of in the same way as clauses and any proposed new schedule shall be considered after the schedules of the bill have been disposed of, and shall be treated in the same manner as a new clause. (8) When every clause and schedule and proposed new clause or schedule has been dealt with, the preamble, if there is one, shall be considered and the question put "That this be the preamble to the bill". No amendment to the preamble shall be considered which is not made necessary by a previous amendment to the bill. (9) If any amendment to the title of the bill is made necessary by an amendment to the bill, it shall be made at the conclusion of the proceedings detailed above, but no question shall be put that the title (as amended) stand part of the bill; nor shall any question be put upon the enacting formula. (9A) No amendment to the reference to the year or to any number in the title by which the bill is to be cited if it becomes law shall be necessary, and any such reference may be changed by the Law Draftsman to refer to the year, or to reflect the order, in which the bill becomes law. (L.N. 258 of 1991; L.N. 382 of 1995) (10) An amendment, proposed new clause or proposed new schedule, upon which a question has been proposed, may be withdrawn at the request of the mover by leave of the committee before the question has been fully put on it, if no Member objects. (11) When all the proceedings upon the bill have been concluded in committee, the Council shall resume and a Member shall report the bill to the Council with or without amendment as the case may be. (L.N. 138 of 1971) Procedure on Reporting of Bill from Committee of the whole Council When a bill has been reported from a committee of the whole Council, the Council shall be deemed to have ordered the bill to be set down for third reading and the order of the Council shall be so recorded in the minutes of proceedings; and notice of motion for third reading shall not be required to be given by the Member in charge of the bill. Procedure in Select Committee on a Bill (1) A select committee on a bill shall be subject to all the provisions of Standing Order No. 62 (Procedure of Select Committees) but before reporting the bill to the Council it shall go through the bill in the same manner as a committee of the whole Council as prescribed in Standing Order No. 46 (Procedure in Committee of the whole Council on a Bill). (2) When a bill has been amended in a select committee, the whole text of the bill as amended shall, if practicable, be printed as part of the report of the select committee, but if this is not practicable the text of every clause or schedule amended, and of every new clause or new schedule added, shall be so printed. (3) When all the proceedings upon the bill have been concluded in a select committee and the committee have agreed to their report, the chairman shall, at the next sitting of the Council, report the bill, with or without amendment as the case may be, to the Council and shall lay a copy of the report of the committee upon the Table. (L.N. 382 of 1995) Procedure on Reporting of Bill from a Select Committee (1) When a bill has been reported from a select committee the Council may consider the bill as reported on a motion that the report of the select committee on the bill be adopted. (2) If that motion is agreed to without amendment, the Council shall be deemed to have ordered the bill to be set down for third reading and the order of the Council shall be so recorded in the minutes of proceedings, and notice of third reading shall not be required to be given by the Member in charge of the bill. (3) On a motion to adopt the report of a select committee on a bill moved under paragraph (1) of this order, a Member may propose an amendment to add at the end of the motion the words "subject to the recommittal of the bill (either wholly or in respect only of some particular part or parts of the bill or of some proposed new clause or new schedule) to a committee of the whole Council". (4) If the motion is agreed to as amended in accordance with paragraph (3) of this order, the bill shall stand recommitted as required by the motion, and the Council shall immediately resolve itself into a committee of the whole Council to consider it. Procedure on Recommittal of Bill reported from Select Committee (1) When the whole of a bill reported from a select committee has been recommitted the committee shall go through the bill as provided in Standing Order No. 46 (Procedure in Committee of the whole Council on a Bill). (2) When a bill has been recommitted in respect only of some specified clause or clauses or schedule or schedules of the bill or some proposed new clause or new schedule, the committee shall consider only the matter so recommitted and shall proceed on every such clause or schedule in the manner provided in Standing Order No. 46 (Procedure in Committee of the whole Council on a Bill) and may thereafter if necessary consider amendment of the long or short title of the bill: Provided that if the President considers it necessary or desirable he may require the whole bill to be recommitted as provided in paragraph (1) of this order. (3) When all proceedings in committee of the whole Council on a recommitted bill have been completed, the Council shall resume and the Member in charge of the bill shall report the bill, as amended (or as not amended) on recommittal, to the Council. (4) When the bill has been so reported after recommittal, the Council shall forthwith proceed to the third reading of the bill, unless the Member in charge states that he wishes the third reading to be postponed; and in the latter event the provisions of Standing Order No. 47 (Procedure on Reporting of Bill from Committee of the whole Council) shall apply, and no further motion to recommit the bill shall be allowed. Third Reading (1) The Council shall proceed to the third reading of a bill on a motion that the bill be read the third time and do pass. Debate on that motion shall be confined to the contents of the bill and no amendment may be moved to the motion. (2) Amendments for the correction of errors or oversights may, with the President's permission, be made to the bill before the question for the third reading of the bill is put by the President, but no amendments of a material character shall be proposed. (3) When a motion for the third reading of a bill (or bills) has been agreed to, the Clerk shall read the short title of the bill (or bills) and shall write at the end of the bill (or bills) the words "Passed by the Hong Kong Legislative Council this day" giving the date. (L.N. 138 of 1971) (4) When a motion for the third reading of a bill has been negatived no further proceedings shall be taken on that bill. Withdrawal or postponement of Bills The Member or public officer in charge of a bill may, by announcement in Council at the beginning of proceedings for its second or third reading, withdraw or postpone the bill. Presentation of Bill for Assent of Governor A copy of every bill passed by the Council, certified as a true copy by the Clerk, shall be submitted by the Clerk to the Governor for his assent. Presentation and Second Reading of Appropriation Bill PART L FINANCIAL PROCEDURE (1) Any bill containing the estimated financial requirements for expenditure on all the services of the Government of Hong Kong for the current or succeeding financial year shall be known as an Appropriation Bill. Estimates containing the details of the said financial requirements shall be presented to the Council not later than the sitting at which such bill is placed on the Order Paper for first reading. (L.N. 258 of 1991) (2) After the motion for the second reading of the bill has been proposed the debate thereon shall be adjourned and shall be resumed not earlier than the seventh day thereafter. The debate, when resumed, shall be confined to the financial and economic state of Hong Kong and the general principles of Government policy and administration as indicated by the bill and Estimates. (L.N. 255 of 1983) (3) Subject to Standing Order No. 60(9) (Finance Committee), the Estimates shall upon presentation to the Council stand referred to a committee of the whole Council and the Appropriation Bill upon being read a second time shall stand committed to that committee. (L.N. 255 of 1983; L.N. 382 of 1995) Procedure in Committee of the whole Council on Appropriation Bill (1) On the consideration of the Appropriation Bill in committee of the whole Council the clauses of the bill shall stand postponed until after consideration of the schedule or schedules. (2) On the consideration of a schedule each head of expenditure shall be considered with the appropriate estimate, and any reference in these Standing Orders to a subhead or an item means a subhead or an item in the Estimates for the head then under discussion. (3) On the consideration of a schedule, the Chairman shall propose "That the sums for the following heads stand part of the schedule", and shall direct the Clerk to call the numbers of the heads. On the number or numbers of any head or group of heads being called, the question that the sums in that head or group of heads stand part of the schedule shall be deemed to have been proposed. Unless an amendment is proposed under the provisions of the next succeeding order, a debate may take place on that question. Any such debate shall be confined to the policy of the service for which the money is to be provided and shall not deal with the details of any item or subhead but may refer to the details of revenue or funds for which that service is responsible. (L.N. 138 of 1971; L.N. 314 of 1976; L.N. 178 of 1988) (4) When all the heads in a schedule have been disposed of, the Chairman shall put forthwith, without amendment or debate, the question "That the schedule (as amended) stand part of the bill". (5) When every schedule has been disposed of, the Chairman shall propose "That the following clauses stand part of the bill", and shall direct the Clerk to call the numbers of the clauses. On the number of any clause being called, the question that the clause stand part of the bill shall be deemed to have been proposed. In the event of a clause being amended, the number of the clause, as amended, shall be called again by the Clerk, and the question that the clause as amended stand part of the bill shall be deemed to have been proposed. (L.N. 138 of 1971; L.N. 178 of 1988) (6) No amendment may be moved to any clause except an amendment consequential on an alteration in the total sum appropriated by any schedule. Any such consequential amendment shall be moved by a designated public officer only and may be moved without notice, and the question thereon shall be put forthwith without amendment or debate. When the question on the last of any such amendments to a clause has been decided, the Chairman shall forthwith put the question "That the clause as amended stand part of the bill" and that question shall then be decided without amendment or debate. (L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (7) When the question upon every clause of the bill has been decided, the Council shall resume and a Member shall report the bill to the Council with or without amendment, as the case may be. (L.N. 314 of 1976) Amendments to Heads of Estimates in Committee of the whole Council on Appropriation Bill (1) An amendment which, in the opinion of the Chairman, would increase the sum allotted to any head of expenditure whether in respect of any item or subhead or of the head itself shall, unless moved by a designated public officer, require the authorization or permission of the Governor, which shall be notified by the Member when moving the amendment. (L.N. 138 of 1971; L.N. 221 of 1987; L.N. 258 of 1991; L.N. 382 of 1995) (2) An amendment to increase a head whether in respect of any item or subhead or of the head itself shall take precedence over an amendment to reduce the head in the same respect, and if it is carried no amendment to reduce the head in that respect shall be called. (3) An amendment to any head of expenditure to reduce the sum allotted thereto in respect of any item therein may be moved by any Member, and shall take the form of a motion "That head ...... be reduced by $....... in respect of (or by leaving out) subhead ...... item ......". (4) An amendment to reduce a head in respect of any subhead or by leaving out a subhead shall only be in order if the subhead is not itemized. (5) An amendment to reduce a head without reference to a subhead therein shall only be in order if the head is not divided into subheads. (6) An amendment to leave out a head shall not be in order and shall not be placed on the Order Paper. (7) In the case of each head, amendments in respect of items or subheads in that head shall be placed on the Order Paper and considered in the order in which the items or subheads to which they refer stand in the head in the Estimates. (8) When notice has been given of two or more amendments to reduce the same item, subhead, or head, they shall be placed on the Order Paper in the order of the magnitude of the reductions proposed, the amendment proposing the largest reduction being placed first in each case. (9) Debate on every amendment shall be confined to the item, subhead, or head to which the amendment refers, and after an amendment to an item or subhead has been disposed of no amendment or debate on a previous item or subhead shall be permitted. (10) When all amendments standing on the Order Paper in respect of any particular head of expenditure have been disposed of, the Chairman shall again propose the question "That the sum for head ...... stand part of the schedule" or shall propose the amended question "That the (increased) (reduced) sum for head ...... stand part of the schedule", as the case may require. The debate on any such question shall be subject to the same limitations as apply to a debate arising under Standing Order No. 55(3) (Procedure in Committee of the whole Council on Appropriation Bill). (L.N. 382 of 1995) Third Reading of Appropriation Bill The motion for third reading of the Appropriation Bill shall be decided without amendment or debate. Public Accounts Committee (1) There shall be a standing committee, to be called the Public Accounts Committee, to consider reports of the Director of Audit- (a) on the accounts of the Government; (b) on such other accounts required to be laid before the Legislative Council as the committee may think fit; and (c) on any matter incidental to the performance of his duties or the exercise of his powers as the committee may think fit. (1A) The committee shall also consider any report of the Director of Audit laid on the Table of the Council which deals with examinations (value for money audit) carried out by the Director relating to the economy, efficiency and effectiveness of any Government department or public body or any organization to which his functions as Director of Audit extend by virtue of any Ordinance or which receives public moneys by way of subvention. (L.N. 221 of 1987; L.N. 465 of 1995) (2) The committee shall consist of a chairman, deputy chairman and five members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. The chairman and two other members shall constitute a quorum. (L.N.143 of 1997) (3) A report mentioned in paragraphs (1) and (1A) of this order shall be deemed to have been referred by the Council to the committee when it is laid on the Table of the Council. (L.N. 382 of 1995) (3A) Unless the chairman otherwise orders, members of the public and of the press shall be admitted as spectators at sittings of the committee attended by any person invited by the committee under paragraph (4). (L.N. 214 of 1984) (3B) The committee shall sit at the times and the place determined by the chairman. Written notice of every sitting shall be given to the members and to any person invited to attend a sitting at least five clear days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (L.N. 382 of 1995) (3C) All matters before the committee shall be decided by a majority of the members voting. Neither the chairman nor any other member presiding shall vote, unless the votes of the other members are equally divided, in which case he shall have a casting vote. (L.N. 382 of 1995) (4) The chairman or the committee may invite any public officer, or, in the case of a report on the accounts of or relating to a non-Government body or organization, any member or employee of that body or organization, to give information or any explanation or to produce any records or documents which the committee may require in the performance of its duties; and the committee may also invite any other person to assist the committee in relation to any such information, explanation, records or documents. (L.N. 214 of 1984; L.N. 258 of 1991) (5) The committee shall make their report upon the report of the Director of Audit on the accounts of the Government within 3 months (or such longer period as may be determined under section 12 of the Audit Ordinance (Cap. 122)) of the date on which the Director's report is laid on the Table of the Council. (L.N. 214 of 1984; L.N. 465 of 1995) (5A) The committee shall make their report upon the report of the Director of Audit mentioned in paragraph (1A) within 3 months (or such longer period as may be determined by the Council) of the date on which the Director's report is laid on the Table of the Council. (L.N. 221 of 1987; L.N. 465 of 1995) (6) Subject to these Standing Orders, the practice and procedure of the committee shall be determined by the committee. Committee on Members' Interests (1) There shall be a standing committee to be called the Committee on Members' Interests - (a) to examine the arrangements made for the compilation, maintenance and accessibility of the Register of Members' Interests; (b) to consider any proposals made by Members or others as to the form and contents of the Register; (c) to consider and investigate any complaint made in relation to the registration and declaration of Members' interests or any complaint of a failure to do so; (d) to consider matters of ethics in relation to the conduct of Members in their capacity as such, and to give advice and issue guidelines on such matters; (e) to report to the Council and make recommendations, including a recommendation as to a sanction under Standing Order No. 65A (Sanctions relating to Interests). (2) The committee shall consist of a chairman, deputy chairman and five members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. The chairman and two other members shall constitute a quorum. (L.N.143 of 1997) (3) The committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of every sitting shall be given to the members at least five clear days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (L.N. 382 of 1995) (4) Sittings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (5) All matters before the committee shall be decided by a majority of the members voting. In the event that votes are equally divided, the chairman or other member presiding shall have a casting vote. (L.N. 382 of 1995) (6) The committee may invite any person to attend before the committee and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person. (L.N. 382 of 1995) (7) Subject to these Standing Orders, the practice and procedure of the committee shall be determined by the committee. House Committee (1) There shall be a committee, to be called the House Committee, the members of which shall be all the Members other than the President. (L.N. 42 of 1993) (2) The chairman and deputy chairman of the committee shall be elected by the committee from amongst its members and shall hold office until the first sitting of the committee in the session next following that in which they were elected. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. (3) At any time after a bill has been referred to the committee under Standing Order No. 42(3A) (Second Reading), the committee may allocate it to a Bills Committee for consideration, or may cause it to be considered in such other manner as the committee thinks fit. (4) In deciding upon the timing and order of allocation of bills to a Bills Committee, the committee may take into account the number and relative priority of other bills currently referred to the committee under Standing Order No. 42(3A) (Second Reading), and may at any time vary any decision as to the timing and order of allocation of any bill. (5) Following allocation of a bill to a Bills Committee, the committee, after consultation with that Bills Committee, may decide the date for completion of consideration of the bill by the Bills Committee. Any such decision may be varied at any time, after consultation with the Bills Committee. (6) Upon the allocation of a bill to a Bills Committee, the members of that Bills Committee shall be those Members (other than the President) who signify membership in accordance with procedural rules (which shall provide only for the manner and timing of such signification) decided by the committee. (L.N. 42 of 1993) (7) The committee may provide guidelines relating to the practice and procedure of the Bills Committees, subcommittees constituted under paragraph (11) and Panels constituted under Standing Order No. 60E (Panels). (L.N. 394 of 1993) (8) The committee may discuss any deliberations of a Bills Committee for the purpose of assisting members in preparation for resumption of second reading debate in the Council. (9) The committee shall decide the manner of consideration of any subsidiary legislation which is subject to the provisions of sections 34 and 35 of the Interpretation and General Clauses Ordinance (Cap. 1). (10) The committee may consider, in such manner as it thinks fit, any other item relating to the business of the Council. (11) The committee may appoint subcommittees for the purpose of assisting the committee in the performance of its functions under paragraphs (9) and (10). (11A) (Repealed L.N. 382 of 1995) (11B) The committee may refer any policy matter relating to the business of the Council to a Panel constituted under Standing Order No. 60E (Panels), may determine the terms of reference for the consideration of such matter and may request and receive reports on such matter from the Panel. (L.N. 394 of 1993) (12) The committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of the place, day and time of every sitting shall be given to the members at least three days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (12A) Sittings of the committee shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (L.N. 382 of 1995) (13) Twenty members, including the chairman, shall form a quorum. All matters for the decision of the committee shall be decided by a majority of the members voting. The chairman or any other member presiding shall not vote, unless the votes of the other members are equally divided in which case he shall have a casting vote. (14) Where the chairman so orders, any matter for the decision of the committee may be considered by circulation of papers to the members of the committee and each member may signify his approval in writing submitted to the chairman. If a majority of the members so signify before the expiry of the period specified by the chairman for the purpose, and if upon expiry of that period no member has (in writing submitted to the chairman) signified disapproval of the matter or requested that the matter be referred for decision at a sitting of the committee, it shall be deemed to be approved by the committee. (15) Paragraph (14) shall apply during any period when the Council is in recess between the end of the one session and the beginning of the next session as it applies during a session. (16) Where so authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382), the committee, or any subcommittee, may order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person. (L.N. 394 of 1993) (17) Subject to these Standing Orders, the practice and procedure of the committee and its subcommittees shall be determined by the committee. Bills Committees (1) There shall be such number of committees, to be called Bills Committees, as the House Committee considers appropriate. (2) The chairman of a Bills Committee shall be elected by the committee from amongst its members. The committee may also elect a deputy chairman. In the event of the temporary absence of the chairman or any deputy chairman, the committee may elect a chairman to act during such absence. (3) A Bills Committee shall consist of not less than three members including the chairman. The quorum of a Bills Committee shall be three members including the chairman, or one third of the members including the chairman (a fraction of the whole number being disregarded), whichever is the greater. (3A) A Bills Committee may appoint subcommittees for the purpose of assisting the committee in the performance of its functions. (L.N. 394 of 1993; L.N. 382 of 1995) (4) A Bills Committee shall sit at the times (including any time during the period when the Council is in recess between the end of one session and the beginning of the next session) and at the place determined by the chairman. Written notice of the place, day and time of every sitting shall be given to the members at least three days before the day of the sitting but shorter notice may be given in any case where the chairman so directs. (5) Sittings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (6) A Bills Committee shall consider the general merits and principles, and the detailed provisions, of the bill allocated to it; and may also consider any amendments relevant to the bill. (7) All matters for the decision of a Bills Committee shall be decided by a majority of the members voting. The chairman or any other member presiding shall, if the votes be equally divided, have a casting vote in addition to his original vote. (L.N. 382 of 1995) (8) A Bills Committee shall, as soon as it has completed consideration of the bill allocated to it, notify the House Committee and shall advise the committee in writing of its deliberations. (9) The deliberations of a Bills Committee on a bill may be discussed by the House Committee for the purposes of informing Members in preparation for resumption of the second reading debate on the bill in Council. Such deliberations shall not be binding on any Member, whether in Council, in a committee of the whole Council or in House Committee. (10) Where so authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382), a Bills Committee may order any person to attend before it and to produce any paper, book, record or document in the possession or under the control of such person. (L.N. 382 of 1995) (11) Subject to these Standing Orders, the practice and procedure of a Bills Committee and its subcommittees shall be determined by that Bills Committee. In any such determination, a Bills Committee shall take into account any guidelines provided under Standing Order No. 60C(7) (House Committee). (L.N. 382 of 1995) Select Committees (1) The Council may in each session appoint one or more select committees to consider matters or bills which the Council may refer to the committee. (2) The President shall decide the size of every select committee and shall appoint the chairman, deputy chairman and members thereof, in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. (L.N. 143 of 1997) (3) The quorum of a select committee shall be one third of the members excluding the chairman, a fraction of a whole number being disregarded. (4) A select committee shall, as soon as it has completed consideration of the matter or bill referred to it, report to the Council thereon and the committee shall thereupon be dissolved. If the committee is of opinion that it will not be able to complete consideration of the matter or bill before the end of the session, it shall so report to the Council. (L.N. 382 of 1995) (5) At the end of the session every select committee of the Council shall be dissolved. Procedure of Select Committees (1) The deliberations of a select committee shall be confined to the matter or matters referred to it by the Council, and in the case of a select committee on a bill shall be confined to the bill committed to it and relevant amendments. (2) A select committee shall sit at the times determined by the chairman. The sittings of a select committee shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (3) (Repealed L.N. 143 of 1997) (4) The clerk to the committee appointed under Standing Order No. 4(6) (Duties of the Clerk) shall attend meetings of the committee and shall keep the minutes of proceedings of the committee. (L.N. 258 of 1991) (5) Divisions in a select committee shall be taken by the clerk to the committee who shall ask each member of the committee separately how he wishes to vote and record the votes accordingly. (6) Neither the chairman nor any other member presiding shall vote, unless the votes of the other members are equally divided in which case he shall have a casting vote. (7) (a) A member of a select committee may bring a report for their consideration. When all the reports have been brought up the chairman shall propose the reports in order until one is accepted as a basis for discussion, beginning with his own report and proceeding with the remainder in the order in which they were brought up. The question to be proposed by the chairman on a report shall be that the chairman's (or Mr. .........'s) report be read a second time paragraph by paragraph. When this question has been agreed to, it shall not be proposed on further reports but portions thereof may be offered as amendments to the report under consideration if they are relevant to it. (b) The committee shall then go through the report paragraph by paragraph and the provisions of Standing Order No. 46 (Procedure in Committee of the whole Council on a Bill) shall apply as if the report were a bill and the paragraphs were the clauses of the bill. (c) When consideration of the report paragraph by paragraph is concluded and when all proposed new paragraphs have been considered the chairman shall put the question that this report be the report of the committee to the Council. (8) A select committee may make a special report relating to the powers, functions and proceedings of the committee on matters which it thinks fit to bring to the notice of the Council. (9) The minutes of proceedings of the committee shall record all proceedings on consideration of a report or bill in the committee and on every amendment proposed to the report or bill, with a note of divisions, if divisions were taken in the committee, showing the names of members voting in the division or declining to vote. (10) A report or special report, with the minutes of proceedings of a select committee and the minutes of evidence, if evidence was taken, shall be laid on the Table of the Council by the chairman of the committee. (11) Where so authorized under section 9(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382), the committee may order any person to attend before it and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person. (L.N. 258 of 1991) Premature Publication of Evidence The evidence taken before a select committee and documents presented to the committee shall not, except in the case of sittings of the committee held in public, be published by a member of the committee or by any other person before the committee has presented its report to the Council. Employment of Members in Professional Capacity Registration of Interests PART N MISCELLANEOUS MATTERS No Member shall appear before the Council or any committee or subcommittee as a legal practitioner for or on behalf of a party or in a capacity for which he is to receive a fee or award. Registration of Interests (1) Except for the purpose of making an initial registration of interests under paragraph (1A), every Member shall, not later than seven days before the first sitting of each session, furnish to the Clerk, in such form as may be approved by the President, particulars of his registrable interests. (L.N. 248 of 1994; L.N. 465 of 1995) (1A) Every new Member of the Council shall, within fourteen days from the date of his election to the Council, furnish to the Clerk, in such form as may be approved by the President, particulars of his registrable interests. (L.N. 248 of 1994; L.N. 382 of 1995) (2) Every Member shall furnish to the Clerk, in such form as may be approved by the President, particulars of any change in such registrable interests, within fourteen days of any such change. (3) The Clerk shall cause those particulars to be entered in a Register of Members' Interests and that register shall be available for inspection by any person during office hours. (4) In this order, "registrable interests" means - (a) remunerated directorships of companies, public or private; (b) remunerated employments, offices, trades, professions or vocations; (L.N. 248 of 1994) (c) (Repealed L.N. 248 of 1994) (d) the names of clients when the interests referred to above include personal services by Members which arise out of or are related in any manner to his membership of the Council; (e) financial sponsorships - (i) as a candidate for election to the Council, where to the knowledge of the Member the sponsorship exceeds $10000 or 25% of his election expenses; or (ii) as a Member of the Council, by any person or organization, stating whether any such sponsorships include any payment or any material benefit or advantage to the Member or his spouse, whether direct or indirect; (L.N. 248 of 1994) (f) overseas visits made by the Member or his spouse relating to or arising out of membership of the Council where the cost of any such visit has not been wholly borne by the Member or public funds; (L.N. 248 of 1994) (g) any payments or any material benefits or advantages received by the Member or his spouse from or on behalf of foreign governments, organizations or persons; (L.N. 248 of 1994) (h) land and property; (L.N. 248 of 1994) (i) the names of companies or other bodies in which the Member has, to his knowledge, either himself or with or on behalf of his spouse or infant children, a beneficial interest in shareholdings of a nominal value greater than one-hundredth of the issued share capital. Personal Pecuniary Interest to be Disclosed Sanctions relating to Interests (1) A Member shall not vote upon any question, whether in the Council or in any committee, in which he has a direct pecuniary interest. (L.N. 248 of 1994) (1A) A Member shall not move any motion or amendment relating to a matter in which he has a pecuniary interest, whether direct or indirect, or speak on any such matter, whether in the Council or in any committee, without disclosing the nature of that interest. (L.N. 248 of 1994) (1B) In any debate or proceedings of the Council or any committee at which a Member is present he shall declare any direct pecuniary interests which he has in the matter. (L.N. 248 of 1994) (2) A motion to disallow a Member's vote on the ground of his direct pecuniary interest under paragraph (1) may be moved without notice by any Member immediately upon the statement of the numbers voting in the division by the President, Chairman of a committee of the whole Council or chairman, but not otherwise. (L.N. 248 of 1994; L.N. 382 of 1995) (3) The President, Chairman of a committee of the whole Council or chairman shall have discretion whether or not to propose the question upon such a motion; and in exercising such discretion he shall have regard to the nature of the question upon which the vote was taken and to the consideration whether the interest therein of the Member whose vote is challenged is direct and pecuniary and not an interest in common with the rest of the inhabitants of Hong Kong and whether his vote was given on a matter of state policy. (L.N. 255 of 1983; L.N. 382 of 1995) (4) If the question for the disallowance of a Member's vote is proposed, the Member concerned may be heard in his place but he shall then withdraw from the Council or committee for the duration of the debate and any vote on the question. (5) If a motion for the disallowance of a Member's vote is agreed to, the President, Chairman of a committee of the whole Council or chairman shall direct the Clerk to the Legislative Council or the clerk to alter the numbers voting in the original division accordingly. (L.N. 382 of 1995) Sanctions relating to Interests Any Member who fails to comply with Standing Order No. 64A (Registration of Interests) or 65(1), (1A) or (1B) (Personal Pecuniary Interest to be Disclosed) may be admonished, reprimanded or suspended by the Council on a motion to that effect. Admission of Press and Public Disorderly conduct Subject to such rules as may from time to time be made bythe President, members of the public and of the press shall be admitted as spectators of sittings of the Council. The Clerk shall ensure that such rules are complied with. Disorderly conduct The President, Chairman of a committee of the whole Council or chairman of a committee or subcommittee may order the removal from a sitting of any member of the public or of the press who behaves, or who appears likely to behave, in a disorderly manner. Withdrawal of Strangers Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings Procedure for Obtaining Leave to Give Evidence of Council Proceedings (1) At a sitting of the Council, a committee of the whole Council, a committee or a subcommittee a Member may without notice at any time rise and move that strangers do withdraw, specifying whether the withdrawal is to be for the remainder of that day's sitting or during the consideration of certain business. The President, Chairman or chairman shall forthwith propose the question thereon and the Council, committee or subcommittee shall dispose of it before proceeding further with the business which was before it when the motion was moved. (2) The President or Chairman may at any time order strangers to withdraw and the doors of the Council Chamber to be closed. (3) When an order has been made by the Council, committee or subcommittee, or by the President or Chairman, for the withdrawal of strangers, members of the public and of the press shall forthwith withdraw from the Council Chamber or the committee room in which the committee or subcommittee is sitting, and the Clerk or clerk shall ensure that the order is complied with. (L.N. 465 of 1995) Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings (1) For the purpose of obtaining the leave of the Council under section 6(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) in order that a Member may be required to attend as a witness in any civil proceedings on a day when the Council is sitting, the party to the proceedings requiring the Member so to attend on that day shall not later than 21 days before that day submit to the Clerk a written statement of the request and of the reasons why the attendance of the Member is required on that day. (2) The request for leave shall be placed on the Order Paper for the sitting next following the receipt thereof by the Clerk and, unless on a motion which may be moved without notice at that sitting by any Member the Council determines that such leave shall be refused, the Council shall be deemed to have ordered that such leave be granted. (L.N. 382 of 1995) (3) The Clerk shall give written notice of the decision of the Council to the party by whom the request for leave is made and also to the Member concerned. Procedure for Obtaining Leave to Give Evidence of Council Proceedings (1) For the purpose of obtaining the leave of the Council under section 7 of the Legislative Council (Powers and Privileges) Ordinance (Cap. 382) in order that evidence may be given elsewhere in respect of the contents of minutes, records of evidence or any document laid before the Council or a committee or subcommittee, or in respect of any proceedings or examination held before the Council or a committee or subcommittee, the person seeking such leave shall submit to the Clerk a written statement of the request and the reasons therefor and such further information as the Clerk, on the direction of the President, may require in any particular case. (L.N. 382 of 1995) (2) The request for leave shall be placed on the Order Paper for such sitting as the President may appoint and, unless on a motion which may be moved without notice at that sitting by any Member the Council determines that such leave shall be refused, the Council shall be deemed to have ordered that such leave be granted. (L.N. 382 of 1995) (3) The Clerk shall give written notice of the decision of the Council to the person by whom the request for leave is made. (4) Where the leave of the Council referred to in paragraph (1) of this order is sought during any recess or adjournment or dissolution of the Council such leave may be given by the President or, if the President is unable to act, by the Member presiding. (L.N. 42 OF 1993) Suspension of Standing Orders A motion which has the object or effect of suspending a standing order shall not be moved except after notice or with the consent of the President. Procedure if Standing Orders do not Provide In any matter not provided for in these Standing Orders, the practice and procedure to be followed in the Council shall be such as may be decided by the President who may, if he thinks fit, be guided by the practice and procedure of the House of Commons of the United Kingdom. Interpretation In these Standing Orders, unless the context otherwise requires- (a) references to printing include references to all mechanical, electrical, electronic and photographic methods of reproducing words in visible form; (b) the expression "clear days" excludes the day of the giving of a notice, the day of the relevant sitting and intervening public holidays; (c) "designated public officer" means a public officer designated by the Governor under clause XXIB(2) of the Royal Instructions. (L.N. 382 of 1995) Oath or Affirmation Participation of Public Officers in Proceedings Ordinary Sessions First Meeting of Term The Chief Executive's Policy Address Days and Hours of Meetings Meetings for Urgent Business Motions for the Adjournment of the Council Quorum Order of Business at a Meeting The Agenda of the Council PART A MEMBERS AND OFFICERS OF THE COUNCIL Except for the purpose of enabling this Rule to be complied with, no Member of the Council shall attend a meeting or vote therein until he has made or subscribed an oath or affirmation in accordance with the provisions of the Oaths and Declarations Ordinance (Cap 11). Where a general election is held, a Member who had previously made or subscribed such oath or affirmation shall again do so in compliance with this Rule before he attends a meeting or votes in the Council. Language Presentation of Petitions Presentation of Papers Nature of Questions Question Time Notice of Questions Contents of Questions Asking and Answering of Questions Meeting under Rule 8 Statements by Designated Public Officers Personal Explanations Notice of Motions and Amendments A Member may address the Council in either Putonghua, Cantonese or the English language. Presiding in Council and in Committee of the Whole Council Manner of Giving Notice of Motions and Amendments Restriction on Motions and Amendments Motions on Previous Decisions of Council Manner of Debating Motions Manner of Debating Amendments to Motions Withdrawal of Motions and Amendments Time and Manner of Speaking Recommendations of House Committee as to Time of Speaking Occasions when a Member may Speak more than once Interruptions (1) There shall be a President of the Council who, when present at a meeting of the Council or a committee of the whole Council and able, in his opinion, to act, shall preside or be Chairman. (2) In the absence of the President from a meeting of the Council or a committee of the whole Council or when, in his opinion, he is unable to act, there shall preside at that meeting- (a) the President's deputy; or (b) in the absence of the President's deputy from that meeting or when, in his opinion, he is unable to act, the Member who is elected by and from among the Members present in accordance with the procedure as determined by the House Committee. (3) The President's deputy or other Member presiding shall enjoy all those powers conferred by these Rules of Procedure on the President or Chairman that are exercisable in respect of the meeting, or part of the meeting, of the Council or a committee of the whole Council at which the President's deputy or that Member presides or is Chairman, or in respect of which the President has requested that he preside or be Chairman. (4) In addition to those powers mentioned in subrule (3), the President's deputy shall enjoy such of those powers conferred by these Rules of Procedure on the President or Chairman of a committee of the whole Council as the President may specify by notice in the Gazette. Election of President Adjournment of Debate or of Proceedings of a Committee of the Whole Council Contents of Speeches Behaviour of Members during Meeting Application of Rules to Committees Decision of Chair Final Order in Council and Committee Decision on Motions Decision of Council and Committee of the Whole Council Use of Electronic Voting System Divisions Application of this Part Relieving a Member of His Duties (1) Subject to subrule (2), the President shall be elected by and from among the Members of the Council in accordance with the Schedule. (2) The President shall be a Chinese citizen of not less than 40 years of age, who is a permanent resident of the Hong Kong Special Administrative Region with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years. (3) The President shall hold office until the dissolution of the Council. (4) The person holding the office of President immediately before a dissolution of the Council, or in his absence or inability to act, the person who was last the President's deputy, shall be deemed to be the President and shall call and preside at a meeting of the Council held for the consideration of urgent business during that dissolution and shall be Chairman at a meeting of a committee of the whole Council held in consequence of such a meeting of the Council. If both such persons are absent or unable to act, the Member who is elected by and from among the Members present, shall preside. President's Deputy Form of Bills Notice of Presentation of Bills Presentation and Publication of Bills First Reading of Bills Second Reading Committal of Bills Functions of Committees on Bills Amendments to Bills Procedure in Committee of the Whole Council on a Bill Procedure on Reporting of Bill from Committee of the Whole Council (1) The chairman of the House Committee elected as such under Rule 75(2) (House Committee) shall be the President's deputy. (2) In the absence of the chairman of the House Committee or when, in his opinion, he is unable to act, the deputy chairman of the House Committee elected as such under Rule 75(2) (House Committee) shall act as the President's deputy. (3) The reference to the "chairman of the House Committee" in subrules (1) and (2) shall not include a person elected to act as chairman during the temporary absence of the chairman and deputy chairman. Duties of the Clerk Procedure in Select Committee on a Bill Procedure on Reporting of Bill from a Select Committee Procedure on Recommittal of Bill Reported from Select Committee Third Reading Withdrawal or Postponement of Bills Presentation of Bill for Signature of Chief Executive Bills Returned for Reconsideration Presentation and Second Reading of Appropriation Bill Procedure in Committee of the Whole Council on Appropriation Bill Amendments to Heads of Estimates in Committee of the Whole Council on Appropriation Bill (1) The Clerk to the Legislative Council shall be responsible for advising the President on all matters relating to the procedure of the Council. (2) The Clerk shall be responsible for keeping the minutes of the proceedings of the Council and of committees of the whole Council. The minutes of proceedings shall record the Members attending, all decisions taken, and details of every division held. (3) The Clerk shall be responsible for preparing from day to day a Council Agenda Item Book showing all future business of which notice has been given. The Council Agenda Item Book shall be open to the inspection of Members and public officers acting in the course of their duties relevant to Council business at all reasonable hours. (4) The Clerk, acting under the directions of the President, shall be responsible for preparing for each meeting an Agenda of the Council showing the business for that meeting. (5) The Clerk shall be responsible for the custody of the votes, records, bills and other documents laid before the Council, which shall be open to inspection by Members and public officers acting in the course of their duties relevant to Council business at all reasonable hours, and by other persons under arrangements approved by the President. (6) The Clerk, acting under the directions of the President, shall be responsible for the production of the Official Record of all proceedings in the Council and in the committee of the whole Council. (7) The Clerk shall be responsible for providing every committee and subcommittee of the Council with a clerk. (8) The Clerk shall perform the further duties laid upon him in these Rules of Procedure, and all other duties in the service of the Council ordered by the Council or directed by the President. Counsel to the Legislature Third Reading of Appropriation Bill Finance Committee Public Accounts Committee Committee on Members' Interests Committee on Rules of Procedure House Committee Bills Committees Panels Select Committees Procedure of Select Committees (1) The Legal Adviser of the Legislative Council Secretariat shall be the Counsel to the Legislature. (2) The Counsel to the Legislature shall have the general duty of advising the President and the Clerk on legal questions arising in relation to the business or administration of the Council. Attendance of the Chief Executive Attendance of Witness Premature Publication of Evidence Employment of Members in Professional Capacity Registration of Interests Personal Pecuniary Interest to be Disclosed Sanctions relating to Interests Admission of Press and Public Disorderly Conduct Withdrawal of Members of the Press and of the Public Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings The Chief Executive may at his discretion attend meetings of the Council, or any committee or subcommittee thereof, for the following purposes- (a) addressing the Council at any time as he shall think fit, including during a special meeting; (b) answering Members' questions put to him on the work of the Government; and (c) proposing any policy, measure, bill, resolution, motion or question for debate by and in the Council or any such committee or subcommittee. Attendance of Public Officers Procedure for Obtaining Leave to Give Evidence of Council Proceedings Suspension of Rules Procedure if Rules of Procedure do not Provide Interpretation (1) Designated public officers may attend meetings of the Council, committees of the whole Council, the Finance Committee or subcommittees of the Finance Committee and to speak on behalf of the Government. (2) A designated public officer may give notice to the Clerk of items of business to be included in the Agenda of the Council or the agenda of the Finance Committee or a subcommittee of the Finance Committee. (3) Where it appears to the Clerk, when preparing the Agenda of the Council or the agenda of the Finance Committee or a subcommittee of the Finance Committee showing the business for a meeting, that a particular item of business requires the attendance of a designated public officer, the Clerk shall state, in respect of that particular item, the name of the office of that public officer. (4) A public officer may be invited by any other committee or subcommittee of the Council to attend the meeting of the committee or the subcommittee if circumstances so require. Participation of Public Officers in Proceedings (1) The public officer whose office is stated in respect of a particular item of business in an Agenda of the Council or an agenda of the Finance Committee or a subcommittee of the Finance Committee for a meeting and a public officer who has notified the Clerk before the meeting that his attendance is required in respect of a particular item of business may attend that meeting and speak on behalf of the Government. (2) These Rules of Procedure except Rules 1 (Oath or Affirmation), 3 (Presiding in Council and in Committee of the Whole Council), 8 (Attendance of the Chief Executive), 17 (Quorum), 20 (Presentation of Petitions), the Rules in Part J (Voting) and Rule 71(2) and (8) (Finance Committee), shall apply, in relation to the item of business in respect of which a public officer attends a meeting, to that public officer as they apply to a Member: Provided that Rule 39 (Interruptions) shall apply to a public officer only in relation to the item of business in respect of which he attends a meeting. (3) Subject to Rule 9(1) (Attendance of Public Officers) and such direction as may otherwise be made by the Chief Executive, the Chief Secretary for Administration, the Financial Secretary and the Secretary for Justice may attend any meeting of the Council, committees of the whole Council and other committees and subcommittees, and when attending meetings of the Council or committees of the whole Council these Rules of Procedure, except Rules 1 (Oath or Affirmation), 3 (Presiding in Council and in Committee of the Whole Council), 8 (Attendance of the Chief Executive), 9(2) (Attendance of Public Officers), 17 (Quorum), 20 (Presentation of Petitions), and the Rules in Part J (Voting), shall apply to them as they apply to a Member. Ordinary Sessions PART B SESSIONS, MEETINGS AND ADJOURNMENTS OF THE COUNCIL (1) At least one session of the Council shall be convened in every calendar year, but a session which begins in one calendar year may be continued and concluded in the following year. (2) A session shall begin on such date as the Chief Executive may appoint by notice published in the Gazette. (3) A session shall end on such date as the Chief Executive may appoint by notice published in the Gazette, or on a dissolution of the Council, whichever is the earlier. (4) The consideration of any bill or other business of the Council is not to be affected by the end of a session and may be resumed at any subsequent meeting, but is to lapse at the end of a term of office or on a dissolution of the Council. First Meeting of Term (1) At the first meeting of a term, Members shall make or subscribe an oath or affirmation as provided for under Rule 1 (Oath or Affirmation). (2) After all Members present have made or subscribed an oath or affirmation, the election of the President shall be conducted in accordance with the procedure as provided for under Rule 4 (Election of President). (3) The President shall, after his election, preside at that meeting. The Chief Executive's Policy Address (1) At a meeting not less than 14 days after the Chief Executive has presented a Policy Address to the Council, a motion may be moved without notice for an address of thanks to the Chief Executive for his address. (2) A motion under subrule (1) shall be moved in the following form: "That this Council thanks the Chief Executive for his address.". (3) Amendments may be moved to the motion described in subrule (2) only by way of adding words at the end of the motion and may be moved without notice. Days and Hours of Meetings (1) Meetings of the Council during each session shall be held on such days and shall begin at such hour as the President shall determine but a period of 6 weeks shall not elapse between the date of one meeting and the date appointed for the next meeting in the same session. (2) Written notice of every meeting of the Council, other than the first meeting of a new session and meetings held within 14 clear days of the commencement of the first session of a term of the Council, shall be given by the Clerk to Members at least 14 clear days before the day of the meeting but in cases of emergency and meetings held for the purposes of Rule 8 (Attendance of the Chief Executive) and Rule 15 (Meetings for Urgent Business) the President may dispense with such notice and in that event the longest possible notice shall be given. (3) The President may, at any time after he has determined the day and hour upon which a meeting is to begin, change the day or hour so determined to a later day or hour, or to an earlier day or hour. (4) When in the opinion of the President it is necessary for the proper completion of the business on the Agenda of the Council at a meeting of the Council to continue any unfinished business on another day, the President may order that the meeting shall continue on such other day for that purpose. Where the President so orders at a meeting of the Council, the meeting shall stand suspended and shall resume for the continuation of business on such other day. (5) The President may at any time suspend a meeting or adjourn the Council. Meetings for Urgent Business (1) The President shall, at the request of the Chief Executive, call emergency meetings of the Council. Where such a meeting is to be held during the period after the end of a term of office or the dissolution of the Council, it shall be convened before the date (if more than one, the first date) specified for the holding of a general election for all the Members of the Legislative Council. (2) During any period when the Council is in recess between the end of one session and the beginning of the next session, the President may call a special meeting of the Council on such day and at such hour as he may specify. (3) These Rules of Procedure shall apply to a meeting of the Council held under subrules (1) and (2). Motions for the Adjournment of the Council (1) When for any sufficient reason it is not desired to formulate a motion in express terms for the purpose of debating an issue or issues, a motion that the Council do now adjourn may be moved for the purpose of such a debate. (2) Such a motion shall not require notice and may be moved only between two items of business. It may be moved by a Member or any designated public officer attending the meeting, with the permission of the President, if the President is satisfied that the adjournment is for the purpose of discussing a specific issue of urgent public importance. (3) If such a motion shall be agreed to, the Council shall stand adjourned. (4) At the conclusion of all the business on the Agenda of the Council a Member may move that this Council do now adjourn, for the purpose of raising any issue concerning public interest, with a view to eliciting a reply from a designated public officer. (5) A Member who wishes to move a motion under the provisions of subrule (4) shall give notice of the issue in writing to the Clerk not less than 7 clear days before the meeting at which he wishes to do so: Provided that the President may in his discretion dispense with such notice. (6) If at the expiration of 45 minutes, or such longer period as the President may at any meeting determine, from the moving of a motion under subrule (4) a designated public officer has not yet been called upon to reply, the President shall direct the Member then speaking to resume his seat and shall call upon a designated public officer to reply. (7) If at the expiration of one hour, or such longer period as the President may at any meeting determine, from the moving of the motion under subrule (4) such motion has not been agreed to, the President shall adjourn the Council without putting any question. Quorum (1) The quorum of the Council and of a committee of the whole Council shall be not less than one half of all its Members including the President or Chairman. (2) If the attention of the President is drawn to the fact that a quorum is not present, he shall direct the Members to be summoned. If after 15 minutes have expired a quorum is not present, he shall adjourn the Council without question put. (3) If the attention of the Chairman in committee of the whole Council is drawn to the fact that a quorum is not present, he shall direct the Members to be summoned. If after 15 minutes have expired, a quorum is not then present the Council shall be resumed and the President shall count the Council. If a quorum is then present the Council shall again resolve itself into committee but if a quorum is not present the President shall adjourn the Council without question put. (4) If from the number of Members present at a division, including those who abstained from voting, it appears that a quorum is not present, the division shall be invalid, and the procedure prescribed in subrule (2) or (3) shall be followed. (5) The question on which the Council is adjourned under subrules (2), (3) and (4) shall stand over until the next meeting. Order of Business at a Meeting PART C ARRANGEMENT OF BUSINESS (1) The business of each meeting other than a meeting under Rule 8 (Attendance of the Chief Executive) or Rule 13 (The Chief Executive's Policy Address), or the first meeting of a term or a meeting to elect the President shall be transacted in the following order: (a) Administration of oath or affirmation. (b) Obituary and other ceremonial speeches. (c) Reading by the President of messages and announcements by the President. (d) Presentation of petitions. (e) Laying on the Table of papers and of reports of committees. (f) Asking and answering of questions put to the Government. (g) Statements by designated public officers. (h) Personal explanations. (i) Government bills. (j) Government motions. (k) Members' bills. (l) Members' motions. (m) Requests for leave under Rule 89 (Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings) and Rule 90 (Procedure for Obtaining Leave to Give Evidence of Council Proceedings). (n) Proceedings under Rule 16(4) (Motions for the Adjournment of the Council). (2) The items of business mentioned in paragraphs (a), (b), (c), (d), (e), (g) and (h) of subrule (1) shall not require notice; but with the exception of items (a) and (c) they shall not be entered upon save with the previous leave of the President. The Agenda of the Council (1) The Agenda of the Council shall be decided by the President, and shall be in Chinese and English. All items of business for a meeting of which notice has been given shall be placed on the Agenda for that meeting in the order required by Rule 18 (Order of Business at a Meeting). (2) All questions to the Government shall be placed on the Agenda of the Council in accordance with the provisions of Rule 26(1) and (2) (Asking and Answering of Questions). (3) This Rule does not apply to a meeting under Rule 8 (Attendance of the Chief Executive) or Rule 13 (The Chief Executive's Policy Address) or the first meeting of a term or a meeting to elect the President. Presentation of Petitions PART D PETITIONS AND PAPERS (1) A petition may be presented to the Council only by a Member. Every petition shall be in the Chinese language or the English language. (2) A Member who wishes to present a petition to the Council shall inform the President not later than the day before the meeting at which he wishes to present it. When so informing the President he shall certify in writing to the President that the petition is respectful and, in his opinion, deserving of presentation. (3) Except with the written consent of the Chief Executive, the President shall not permit a petition to be received if, in his opinion, the petition requests that provision should be made for imposing or increasing a tax, for imposing or increasing a charge on the revenue or other public moneys of the Hong Kong Special Administrative Region or for altering such a charge otherwise than by reducing it, or for compounding or remitting a debt due to the Government. (4) The signification of the Chief Executive's consent shall be recorded in the minutes of proceedings. (5) No speech shall be made by a Member presenting a petition beyond a summary statement of the number and description of the petitioners and the substance of the petition. (6) If, immediately after a petition has been presented, a Member rises in his place and requests that the petition be referred to a select committee, the President shall call upon those Members who support the request to rise in their places. If not less than 20 Members then rise the petition shall stand referred to a select committee. Presentation of Papers (1) A paper may be presented to the Council by a designated public officer or, with the permission of the President, by a Member. (2) Whenever a Member or a designated public officer wishes to present a paper he shall send a copy of it to the Clerk, who shall distribute a copy to each Member and may also arrange for its publication. A copy of the paper shall be laid on the Table of the Council at the opening of the next meeting and the Clerk shall record its laying and the date of publication in the minutes of the proceedings of that meeting. (3) Subject to subrule (4), whenever a paper has been laid on the Table of the Council, the Member or the designated public officer presenting it may, with the permission of the President, address the Council thereon. (4) Whenever a report of a Bills Committee has been laid on the Table of the Council, the Member presenting it may, with the permission of the President, address the Council on the report at the commencement of the resumption of the second reading debate on the relevant bill. (5) A Member or a designated public officer may, with the consent of the President, address the Council on subsidiary legislation laid on the Table of the Council, provided that the period (or any extended period) under section 34 of the Interpretation and General Clauses Ordinance (Cap 1) for amendment of the subsidiary legislation has not expired. A Member or a designated public officer who wishes to address the Council under this subrule at any meeting shall inform the President of his wish before the beginning of that meeting. (6) No debate may arise on any address presented by a Member or a designated public officer under subrule (3) or (5) but the President may in his discretion allow short questions to be put to the Member or the designated public officer making the address for the purpose of elucidating any matter raised by the Member or the designated public officer in the course of his address. Nature of Questions PART E QUESTIONS TO THE GOVERNMENT (1) Any Member may address a question to the Government on the work of the Government, and either seeking information on such matter or asking for official action with regard to it. (2) A question shall specify whether an oral or a written reply is required. Question Time (1) Questions may be asked at any meeting except the first meeting of a term or a meeting at which the President is elected or the Chief Executive addresses the Council on the policies of the Government. (2) With the exception of questions asked under Rule 24(4) (Notice of Questions), not more than 20 questions of which notice has been given may be asked at any one meeting and the questions shall be counted by the Clerk in the manner recommended by the House Committee and agreed by the President. (3) Where, in the opinion of the President, there will be no debate on a motion with no legislative effect at a meeting, no more than 10 questions shall require an oral reply. Where, in the opinion of the President, there will be such a debate, no more than 6 questions shall require an oral reply. The questions shall be counted by the Clerk in the manner recommended by the House Committee and agreed by the President. (4) The House Committee may recommend to the President that in respect of a particular meeting no question requiring an oral reply should be asked; and if the President accepts such recommendation no such question shall be asked at that meeting, save that the President may permit urgent questions under the provisions of Rule 24(4) (Notice of Questions). Notice of Questions (1) A question shall not be asked without notice except as provided in subrule (4). (2) A Member shall give notice of a question by delivering to the office of the Clerk, not later than 7 clear days before the meeting at which an answer is required from the Government, a copy thereof signed by the Member; provided that for questions requiring an answer at the second meeting of the first session of a term the period of notice shall not be less than 4 clear days. (3) A Member may not ask more than two questions of which notice has been given at any one meeting and not more than one of those questions shall require an oral reply: Provided that the President may, if in his opinion an additional question is an important one of public concern, allow a Member to ask that additional question. (4) If a Member asks the permission of the President to ask a question without notice on the ground that it is of an urgent character and relates to a matter of public importance, the President may permit the question to be asked without notice, if he is satisfied that it is of that nature and that sufficient private notice of the question has been or is to be given by the Member concerned to the Government to enable the question to be answered. Contents of Questions (1) A question shall conform to the following rules: (a) A question shall not include the names of persons, or statements which are not strictly necessary to make the question intelligible. (b) A question shall not contain a statement which the Member who asks the question is not prepared to substantiate. (c) A question shall not contain arguments, inferences, opinions, imputations or epithets, or tendentious, ironical or offensive expressions. (d) A question shall not contain independent questions or be so complex that it cannot reasonably be answered as a single question. (e) A question shall not refer to proceedings in a committee before that committee has made its report to the Council. (f) A question shall not seek information about a matter which is of its nature secret. (g) A question shall not reflect on the decision of a court of law or be so drafted as to be likely to prejudice a case pending in a court of law. (h) A question shall not be asked for the purpose of obtaining an expression of opinion, the solution of an abstract legal question, or the answer to a hypothetical proposition. (i) A question shall not be asked whether statements in the press or of private individuals or private concerns are accurate. (j) A question shall not be asked about the character or conduct of any person mentioned in Rule 41(7) (Contents of Speeches) and a question shall not be asked about the character or conduct of any other person except in his official or public capacity. (k) A question shall not be asked seeking information which can be found in accessible documents or ordinary works of reference. (l) A question which has been fully answered shall not be asked again during the same session. (2) If the President is of the opinion that a question of which a Member has given notice to the Clerk or which a Member has sought to ask without notice infringes any of the provisions of Rule 22 (Nature of Questions) or of this Rule, he may direct- (a) that it be placed on the Agenda of the Council with such alterations as he may direct; or (b) in the case of a question which a Member has sought to ask without notice, that it may be so asked with such alterations as he may direct; or (c) that the Member concerned be informed that the question is out of order. Asking and Answering of Questions (1) Every question in respect of which a Member has given due notice under the provisions of Rule 24 (Notice of Questions) and which complies with the provisions of Rule 25 (Contents of Questions) shall be put on the Agenda for the meeting at which the Member has stated that he wishes to ask it. (2) The questions to be asked at each meeting shall, subject to the provisions of Rule 23 (Question Time), be placed on the Agenda by the Clerk in the order in which notice of them was received by him, and when a Member has given notice of several questions at the same time in the order indicated by the Member. (3) When each question is reached on the Agenda the President shall, except in the case of a question for which a written answer has been sought, call on the Member in whose name the question stands. The Member called shall then rise in his place and ask the question and the designated public officer who is to answer it shall give his reply. (4) After an answer has been given to a question supplementary questions may be put by any Member when called upon by the President for the purpose of elucidating that answer, but the President shall refuse to allow a supplementary question to be answered, if in his opinion it introduces matter which is not related to the original question or answer or which infringes any of the provisions of Rule 22 (Nature of Questions) or Rule 25 (Contents of Questions). (5) A Member shall not address the Council on a question and a question shall not be made a pretext for a debate. (6) If a Member is not present to ask his question, the question may with his consent be asked by another Member, but otherwise shall be treated as a question for which a written answer has been sought. (7) In the case of a question for which a written answer has been sought, or in the case of a supplementary question for which a written answer has been offered, a written answer shall be supplied to each Member and shall be printed in the Official Record. (8) A Member who has given notice of a question may withdraw the question by giving notice to the Clerk one and a half hours before the meeting at which the question is to be asked. Meeting under Rule 8 This Part (other than Rule 25 (Contents of Questions)) does not apply to questions put to the Chief Executive under Rule 8 (Attendance of the Chief Executive). Statements by Designated Public Officers Personal Explanations PART F STATEMENTS AND PERSONAL EXPLANATIONS (1) A designated public officer who wishes to make a statement on any issue concerning public interest shall inform the President of his wish before the beginning of the meeting at which he wishes to make the statement. (2) No debate may arise on such a statement but the President may in his discretion allow short questions to be put to the public officer making the statement for the purpose of elucidating it. Personal Explanations (1) A Member who wishes to make an explanation of personal matters shall inform the President of his wish, and provide an advance copy of the intended explanation to the President for agreement to ensure that the explanation will not provoke a debate and that the contents are appropriate. If leave is given by the President for making the explanation, the Member shall not depart from the agreed contents. (2) No debate may arise on such an explanation but the President may in his discretion allow short questions to be put to the Member making the explanation for the purpose of elucidation. (3) Where the explanation is made in relation to a motion moved under Part JA (Procedures for Particular Motions) and the Member is unable to attend the meeting at which it is intended to be made, the President may direct that a copy of the explanation be sent to every Member and the text of the explanation be taken as read. Notice of Motions and Amendments PART G MOTIONS (1) Except as otherwise provided in these Rules of Procedure, no motion shall be moved in the Council or a committee of the whole Council unless notice of it has been given not less than 12 clear days before the day on which the motion is to be considered by the Council or a committee of the whole Council: Provided that the President or Chairman, as the case may be, may in his discretion dispense with such notice. (2) No motion to amend subsidiary legislation which is subject to the provisions of section 34 of the Interpretation and General Clauses Ordinance (Cap 1) shall be moved in Council unless notice of it has been given not less than 5 clear days before the day on which the motion is to be considered by the Council: Provided that the President may in his discretion dispense with such notice. (3) No motion to extend the period referred to in section 34(4) of the Interpretation and General Clauses Ordinance (Cap 1) in relation to subsidiary legislation shall be moved in Council unless notice of it has been given not less than 3 clear days before the day on which the motion is to be considered by the Council: Provided that the President may in his discretion dispense with such notice. (4) The notice period required for any amendment to a motion referred to in subrule (2) or (3) shall be decided by the President according to his discretion. (5) The notice periods specified in subrules (2), (3) and (4) shall apply respectively to- (a) a motion to amend an instrument (other than subsidiary legislation) made under any legislation and subject to amendment by the Council; (b) a motion to extend the period provided for the making of any amendment to such an instrument; and (c) any amendment to a motion referred to in paragraph (a) or (b). (6) Except as otherwise provided in these Rules, no amendment shall be moved to a motion unless- (a) notice of the amendment has been given not later than 5 clear days before the day on which the motion concerned is to be considered by the Council or a committee of the whole Council; or (b) the President or Chairman, as the case may be, gives leave to dispense with notice of the amendment. Manner of Giving Notice of Motions and Amendments (1) Notice of a motion or an amendment shall be given by delivering a copy of the motion or amendment in writing to the office of the Clerk. Subject to Article 73(9) of the Basic Law, the notice shall be signed by the Member wishing to move the motion or amendment, and such other Members who introduce the motion or amendment jointly with the mover of the motion or amendment. (2) A notice of an amendment to a motion shall be in Chinese if the motion is in Chinese and in English if the motion is in English. (3) A notice of a motion or an amendment shall be submitted to the President, who shall direct- (a) that it be printed in the terms in which it was handed in; or (b) that it be printed with such alterations as he may direct; or (c) that it be returned to the Member who signed it, as being in his opinion out of order. Restriction on Motions and Amendments A motion or amendment, the object or effect of which may, in the opinion of the President or Chairman, be to dispose of or charge any part of the revenue or other public moneys of Hong Kong shall be proposed only by- (a) the Chief Executive; or (b) a designated public officer; or (c) a Member, if the Chief Executive consents in writing to the proposal. Motions on Previous Decisions of Council (1) Where the Council has taken a decision on a specific question and the question has been decided in the affirmative, no further motion shall be moved in relation to that question during the current session except a motion to rescind the decision, moved with the permission of the President. (Amended L.N. 311 of 1998) (2) Where the Council has taken a decision on a specific question and the question has been decided in the negative, no further motion shall be moved in relation to that question during the current session. (Added L.N. 311 of 1998) Manner of Debating Motions (1) A Member called upon by the President or Chairman to move a motion shall rise in his place and in moving the motion shall make such remarks as he may wish. (2) When a motion has been moved, the President or Chairman shall propose the question thereon to the Council or the committee of the whole Council; debate may then take place on that question. (3) Amendments of which notice has been given or dispensed with in accordance with Rule 29(6)(a) or (b) (Notice of Motions and Amendments) may be moved to a motion at any time after the question has been proposed on the motion by the President or Chairman and after all the amendments have been disposed of the President or Chairman shall again propose the question on the motion, or shall propose the question on the motion as amended, as the case may require, and a further debate may take place. (4) When no more Members wish to speak the President or Chairman shall put the question on the motion, or on the motion as amended, to the Council or to the committee of the whole Council for its decision. Manner of Debating Amendments to Motions (1) A Member called upon by the President or Chairman to move an amendment to a motion shall rise in his place and after making such remarks as he may wish to make shall move the amendment. (2) An amendment to a motion shall take one of the following forms: (a) To leave out one or more words of the motion. (b) To insert or add one or more words in the motion or at the end of the motion. (c) To leave out one or more words of the motion and to insert or add one or more words instead. (3) When an amendment has been moved the President or Chairman shall thereupon propose the question that the amendment be made; and a debate may then take place on that question. (4) The President or Chairman may allow a joint debate on a motion and its amendments. (5) When two or more amendments are proposed to be moved to the same motion the President or Chairman shall call on the movers in the order in which their amendments relate to the text of the motion, or in cases of doubt in the order decided by the President or Chairman. (6) When no more Members wish to speak the President or Chairman shall put the question that the amendment be made to the Council or the committee of the whole Council for its decision. Withdrawal of Motions and Amendments (1) A notice of a motion or an amendment may be withdrawn at any time before it is moved, if the mover in whose name the motion or amendment stands gives instructions to that effect to the Clerk. (2) A motion or an amendment may be withdrawn at the request of the mover by leave of the Council or committee of the whole Council before the question is put thereon, if there is no dissenting voice. A motion or amendment which has been so withdrawn may be proposed again if, in the case of a motion, the notice required by these Rules of Procedure is given. Time and Manner of Speaking PART H RULES OF SPEAKING (1) A Member shall speak standing and shall address his observations to the President or Chairman. (2) When the President or Chairman rises, during proceedings in Council or in committee of the whole Council, every Member shall be seated. (3) If two or more Members rise or raise their hands at the same time to speak, the President or Chairman shall select one Member and call on him to speak. (4) When a Member has finished speaking he shall resume his seat and any other Members wishing to speak shall rise or raise their hands. (5) Subject to Rule 37 (Recommendations of House Committee as to Time of Speaking), a Member shall not, without the permission of the President or the Chairman, to be given only in exceptional circumstances, make a speech lasting more than 15 minutes. (6) The restriction on speaking time referred to in subrule (5) shall not apply to designated public officers and a Member reporting to the Council under Rules 21 (Presentation of Papers) and 54(7) (Second Reading). Recommendations of House Committee as to Time of Speaking (1) In relation to any motion or amendment to a motion (other than a motion intended to have legislative effect or to which Part JA (Procedures for Particular Motions) applies) to be moved at a meeting of the Council, whether or not the motion or amendment has at the time been placed on the Agenda of the Council, the House Committee may recommend- (Amended L.N. 311 of 1998) (a) that the mover of the motion should not speak for more than a specified number of minutes (such period to be inclusive of any speech in reply under Rule 38(4) (Occasions when a Member may Speak more than once)); (b) that the mover of an amendment to the motion should not speak for more than a specified number of minutes; and (c) that other Members each should not speak for more than a specified number of minutes. (2) Where the House Committee so recommends under subrule (1) the Chairman shall cause the President to be notified in writing of the Committee's recommendations. (3) Any recommendations of the House Committee under subrule (1), if accepted by the President (in which event he shall so inform Members as soon as practicable prior to calling upon the Member to move the motion), shall be binding upon all Members, but not upon designated public officers, and the President shall direct any Member speaking in excess of the recommended specified time to discontinue his speech. Occasions when a Member may Speak more than once (1) Save with the leave of the President, a Member may not speak more than once on a question, except- (a) in committee of the whole Council; or (b) as provided in subrule (2); or (c) in explanation as provided in subrule (3); or (d) in the case of the mover of a motion, in reply as provided in subrule (4); or (e) upon a motion "That this Council thanks the Chief Executive for his address." as provided in subrule (7). (2) A Member who has spoken under Rule 54(7) (Second Reading) may speak a second time during the same debate. (3) A Member who has spoken on a question may again be heard to explain some part of his speech which has been misunderstood, but when speaking he shall not introduce new matter. (4) In the Council the mover of a motion may reply after all other Members present have had an opportunity of speaking and before the question is put; but the mover of an amendment shall not have the right of reply. (5) A Member who has spoken on a question may speak again on an amendment moved to that question, and on a motion that the debate now be adjourned moved during the debate on that question. (6) No Member may speak on a question after it has been put to the Council or a committee of the whole Council for decision by the President or Chairman. (7) A designated public officer who has spoken on a motion "That this Council thanks the Chief Executive for his address." may speak a second time upon that motion in reply to any matter raised during the debate on the motion. Interruptions A Member shall not interrupt another Member, except- (a) by rising to a point of order, when the Member speaking shall resume his seat and the Member interrupting shall direct attention to the point which he wishes to bring to notice and submit it to the President or Chairman for decision; or (b) to seek elucidation of some matter raised by that Member in the course of his speech, if the Member speaking is willing to give way and resume his seat and the Member wishing to interrupt is called by the President or Chairman. Adjournment of Debate or of Proceedings of a Committee of the Whole Council (1) A Member who has risen to speak on a question in the Council may move without notice that the debate be now adjourned. Thereupon the President shall propose the question on that motion. (2) When a motion that the debate be now adjourned has been agreed to, the debate on the question then before the Council shall stand adjourned and the Council shall proceed to the next item of business. (3) When a motion that the debate be now adjourned has been negatived, the debate on the question then before the Council shall be continued and no further motion that the debate be now adjourned shall be moved during that debate except by a designated public officer. (4) When the Council is in committee a Member may move without notice that further proceedings of the committee be now adjourned. Thereupon the Chairman shall propose the question on that motion. If the motion is agreed to, the Council shall resume; but if the motion is negatived, the committee shall continue its proceedings. (5) It shall not be in order to move an amendment to a motion under the provisions of this Rule. (6) A debate adjourned under the provisions of subrule (2) may be resumed at a subsequent meeting of the Council provided that the Member or public officer who moved the motion for that debate, or in the case of a debate on a bill, the Member or public officer in charge of the bill, shall give notice in writing to the Clerk of his intention to resume the debate not less than 5 clear days before the day on which the debate is to be resumed: Provided that the President may in his discretion dispense with such notice. (7) Proceedings of a committee of the whole Council adjourned under the provisions of subrule (4) may be resumed at a subsequent meeting of the committee provided that the Member or public officer in charge of the bill to which the adjourned proceedings relate shall give notice in writing to the Clerk of his intention to resume the proceedings not less than 5 clear days before the day on which the proceedings are to be resumed: Provided that the Chairman may in his discretion dispense with such notice. (8) The provisions of subrules (1), (2), (3), (4) and (5) shall apply to any debate or proceedings resumed under the provisions of subrules (6) and (7). Contents of Speeches (1) A Member shall restrict his observations to the subject under discussion and shall not introduce matter irrelevant to that subject. (2) Reference shall not be made to a case pending in a court of law in such a way as, in the opinion of the President or Chairman, might prejudice that case. (3) Except as otherwise provided in Rule 66 (Bills Returned for Reconsideration), it shall be out of order to attempt to reconsider a specific question on which the Council has taken a decision during the session, except in debate on a motion to rescind that decision moved with the permission of the President. (4) It shall be out of order to use offensive and insulting language about Members of the Council. (5) A Member shall not impute improper motives to another Member. (6) The name of the Chief Executive shall not be used to influence the Council. (7) Except where his conduct is the subject of a motion to which Part JA (Procedures for Particular Motions) applies, the conduct of the Chief Executive, a Member of the Executive Council or a Member of the Legislative Council otherwise than in the performance of his official duties shall not be raised. (Amended L.N. 311 of 1998) (8) The conduct of Judges or other persons performing judicial functions shall not be raised. Behaviour of Members during Meeting During a meeting of the Council- (a) all Members shall enter or leave the Council properly attired and with decorum; (b) no Member shall cross the floor of the Council unnecessarily; (c) Members shall not read newspapers, books, letters or other documents, except such matter therein as may be directly connected with the business of the Council; and (d) while a Member is speaking all other Members shall be silent and shall not make unseemly interruptions. Application of Rules to Committees The Rules in this Part shall apply to the proceedings in a committee unless the chairman of the committee orders otherwise. Decision of Chair Final PART I RULES OF ORDER The President in Council, the Chairman in a committee of the whole Council or the chairman of any standing or select committee shall be responsible for the observance of the rules of order in the Council and committee respectively. His decision on a point of order shall be final. Order in Council and Committee (1) The President, the Chairman of a committee of the whole Council or the chairman of any standing or select committee, after having called the attention of the Council or the committee to the conduct of a Member who persists in irrelevance or tedious repetition of his own or other Members' arguments in the debate, may direct him to discontinue his speech. (2) The President, the Chairman of a committee of the whole Council or the chairman of any standing or select committee shall order a Member whose conduct is grossly disorderly to withdraw immediately from the Council or the committee for the remainder of that meeting; and the Clerk or clerks of any committees shall act on orders received by him from the Chair to ensure compliance with this order. Decision on Motions PART J VOTING (1) Except as otherwise provided in Rules 49B (Relieving a Member of His Duties) and 66 (Bills Returned for Reconsideration) and Articles 52(2), 73(9) (in respect of a motion of impeachment), 79(7) and 159 of the Basic Law, the passage of all motions before the Council or a committee of the whole Council shall, subject to subrule (2), require a majority vote of the Members present. (Amended L.N. 311 of 1998) (2) The passage of a motion (other than a motion moved under any of the excepted Rules or Articles of the Basic Law referred to in subrule (1)) or bill introduced by a Member, or an amendment introduced by a Member to any motion or bill, shall require a majority vote of each of the following two groups of Members present- (Amended L.N. 311 of 1998) (a) Members returned by functional constituencies (Group I); and (b) Members returned by geographical constituencies through direct elections and by the Election Committee (Group II). (3) Any motion not passed shall be deemed to be decided in the negative. (Added L.N. 311 of 1998) Decision of Council and Committee of the Whole Council (1) Except where subrule (2) applies, when the President or Chairman puts a question to the Council or to the committee of the whole Council for its decision- (a) the President or Chairman shall first call upon those Members who are in favour of the question to raise their hands, and shall then call upon those who are against the question to raise their hands; (b) the President or Chairman shall then, according to his judgment, state whether or not he thinks the required majority of the Members present are in favour of the question and, subject to any challenges to his statement being dealt with under paragraph (c) below, he shall declare the question to have been so decided; (Amended L.N. 311 of 1998) (c) if a Member challenges the statement of the President or Chairman by claiming a division, then the President or Chairman shall order the Council or the committee, as the case may be, to proceed to a division; and, subject to Rule 49 (4) to (7) (Divisions), the division shall be held forthwith immediately after a division bell has been rung for three minutes. (2) Other than in relation to a motion moved under Rule 49B (Relieving a Member of His Duties) or 66 (Bills Returned for Reconsideration) or Article 52(2), 73(9) (in respect of a motion of impeachment), 79(7) or 159 of the Basic Law, when the President or Chairman puts a question to the Council or to a committee of the whole Council for its decision in relation to a motion or bill introduced by a Member, or an amendment introduced by a Member to any motion or bill- (Amended L.N. 311 of 1998) (a) the President or Chairman shall first call upon Members who are in favour of the question to raise their hands, and shall then call upon those who are against the question to raise their hands; (b) the President or Chairman shall then, according to his judgment, state whether or not he thinks that a majority of each of the two groups of Members present, referred to in Rule 46(2) (Decision on Motions), are in favour of the question; subject to any challenge to his statement being dealt with under paragraph (c), he shall declare the question to have been so decided; (Amended L.N. 311 of 1998) (c) if a Member challenges the statement of the President or Chairman by claiming a division, then the President or Chairman shall order Members to proceed to a division; and, subject to Rule 49(4) to (7) (Divisions), the division shall be held forthwith immediately after a division bell has been rung for three minutes. Use of Electronic Voting System Unless the President or Chairman otherwise directs, where an electronic system of voting is provided in the Council or a committee of the whole Council for the purposes of a division, the Members present and voting shall cast their votes in the division by using such electronic system in accordance with the operating requirements of the system, and the President or Chairman shall then declare the result of the division. Divisions Application of this Part Relieving a Member of His Duties (1) Subject to Rule 48 (Use of Electronic Voting System), when a division has been ordered, the votes shall be recorded by the Clerk. The President or Chairman shall first call upon those Members who are in favour of the question to raise their hands. After the Clerk has recorded the votes in a seating plan, the President or Chairman shall read out the names and the number of the Members in favour of the question. The President or Chairman shall then call upon those Members who are against the question to raise their hands. After the Clerk has recorded the votes in a seating plan, the President or Chairman shall read out the names and the number of Members against the question. The President or Chairman shall then call upon those Members who abstain from voting to raise their hands. After the Clerk has recorded the votes in a seating plan, the President or Chairman shall read out the names and the number of Members abstaining from voting on the question. If no Member raises any queries, the President or Chairman shall declare the result of the division. (2) Subject to Rule 48 (Use of Electronic Voting System), where a division has been ordered in relation to a question on a motion or bill introduced by a Member, or on an amendment introduced by a Member to any motion or bill, the procedure in subrule (1) shall be followed except that the President or Chairman shall read out the names and the number of Members in each of the two groups referred to in Rule 46(2) (Decision on Motions) who are in favour of the question, who are against the question, and who abstain from voting. (3) If a Member states that he voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, if his statement is made before the President or Chairman has declared the result of the division. (4) Immediately after the President has declared the result of a division on an amendment to a motion, or the Chairman has declared the result of a division on an amendment to a bill, a Member may move without notice that in the event of further divisions being claimed in respect of the motion or any amendments thereto, or in respect of any amendments to the bill, the Council or the committee of the whole Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President or the Chairman shall propose the question on that motion. (5) When a motion under subrule (4) has been agreed to the President or the Chairman shall order accordingly in respect of each of such further divisions, if any. (6) Where there is more than one motion in respect of subsidiary legislation on the Agenda of the Council (excluding motions referred to in Rule 29(3) (Notice of Motions and Amendments)) then, immediately after the President has declared the result of the first division on any such motion or any amendment thereto, a Member may move without notice that in the event of further divisions being claimed at that meeting in respect of motions on subsidiary legislation, or amendments thereto, the Council do proceed to each of such divisions immediately after the division bell has been rung for one minute. Thereupon the President shall propose the question on that motion. (7) When a motion under subrule (6) has been agreed to the President shall order accordingly in respect of each of such further divisions, if any. Application of this Part PART JA PROCEDURES FOR PARTICULAR MOTIONS In any matter not provided for in this Part, the Rules in other Parts shall apply as appropriate. Relieving a Member of His Duties (1) A motion to relieve a Member of his duties as a Member under Article 79(6) of the Basic Law shall be moved in the following form: "That whereas (name of Member) was convicted on (date) in (court) in (place) of a criminal offence(s) and was sentenced on (date) by (court) to imprisonment for one month or more (as particularized in the Schedule to this motion), this Council relieves (name of Member) of his/her duties as a Member of the Legislative Council.". (2) No amendment may be moved to a motion moved under subrule (1). (3) The passage of a motion moved under subrule (1) shall require a two-thirds majority vote of the Members present. (4) Where the Council has decided to relieve a Member of his duties, the President shall declare forthwith that the Member is no longer qualified for his office. Form of Bills PART K PROCEDURE ON BILLS (1) A bill for presentation to the Council shall conform with the requirements laid down in this Rule. (2) The bill shall be given a short title corresponding with the title by which it is to be cited if it becomes law, and that short title shall remain unchanged throughout the passage of the bill. (3) The bill shall be given a long title setting out the purposes of the bill in general terms. (4) Subject to a direction given under section 4(3) of the Official Languages Ordinance (Cap 5) by the Chief Executive in Council, bills shall be presented in the Chinese and English languages. (5) The clauses of the bill shall be preceded by the enacting formula. (6) The bill shall be divided into clauses numbered consecutively and having a descriptive section heading above each clause. (7) An explanatory memorandum stating the contents and objects of the bill in non-technical language shall be attached to the bill. (8) In the case of a bill, not being a Government measure, intended to affect or benefit some particular person, association or corporate body, there shall be included in the bill a clause saving the rights of the Government, all bodies politic and corporate, and all others except such as are mentioned in the bill, and those claiming by, from, and under them. Notice of Presentation of Bills (1) A Member or a designated public officer may at any time give notice of his intention to present a bill; such notice shall be sent to the office of the Clerk and shall be accompanied by a copy of the bill and memorandum required by Rule 50 (Form of Bills), and in the case of a Member, also by a certificate signed by the Law Draftsman pursuant to subrule (2). (2) In the case of a bill to be presented by a Member, the Law Draftsman, if satisfied that the bill conforms to the requirements of Rule 50 (Form of Bills) and the general form of Hong Kong legislation, shall issue a certificate to that effect. (3) Members may not either individually or jointly introduce a bill which, in the opinion of the President, relates to public expenditure or political structure or the operation of the Government. (4) In the case of a bill relating to Government policies, the notice shall be accompanied by the written consent of the Chief Executive in respect of the bill. (5) In the case of a bill presented in one official language in pursuance of a direction under section 4(3) of the Official Languages Ordinance (Cap 5), the notice shall be accompanied by a certificate stating that the Chief Executive in Council has directed that the bill should be presented in the Chinese language or, as the case may be, the English language. (6) In the case of a bill presented by a Member having any intention such as is described in Rule 50(8) (Form of Bills), the notice shall be accompanied by a certificate signed by the Member, stating that the bill has been published in two successive publications of the Gazette and that notice of the bill has been given by two advertisements in each of two daily newspapers published in Hong Kong, one being a Chinese language newspaper and another being an English language newspaper. (7) (a) Except as otherwise provided in Rule 66 (Bills Returned for Reconsideration), a bill which, in the opinion of the President, contains substantially the same provisions as another bill on which the Council has already taken a decision at second reading shall not be further proceeded with in the same session and shall be withdrawn. (b) If a bill which has been read for the second time is subsequently withdrawn another bill with substantially the same provisions may be presented in the same session, subject to the provisions of Rule 50 (Form of Bills), this Rule and Rule 52 (Presentation and Publication of Bills). (8) A Member presenting a bill shall be known throughout the subsequent proceedings on the bill as the Member in charge of the bill. In the case of a bill introduced jointly by more than one Member, these Members shall designate among themselves a Member as the Member in charge of the bill at the time of presenting the bill and the Member so designated shall signify himself as such in the notice for presentation. (9) A public officer presenting a bill shall be known throughout the subsequent proceedings on the bill as the public officer in charge of the bill; and references in these Rules of Procedure to a Member in charge of a bill include a public officer in charge of a bill. Presentation and Publication of Bills (1) The Clerk shall, after receipt of a bill for presentation to the Council, cause the text of the bill and its explanatory memorandum to be published in the Gazette unless- (a) the President directs that the bill shall not be published in the Gazette before it has been read the first time; or (b) the bill has already been published in the Gazette in accordance with Rule 51(6) (Notice of Presentation of Bills). (2) The Clerk shall, after receipt of a bill for presentation to the Council, cause a copy of the bill and its explanatory memorandum to be sent to every Member, whereupon the bill shall be deemed to have been presented to the Council. First Reading of Bills (1) The short title of a bill presented to the Council in accordance with Rule 52(2) (Presentation and Publication of Bills) shall be placed on the Agenda of the Council for first reading at such meeting as may be specified to the Clerk by the Member in charge of the bill. (2) No debate shall be allowed upon the first reading of a bill; and the bill shall be deemed to have been read the first time upon the Clerk reading the short title. (3) When a bill has been read the first time, the Council shall be deemed to have ordered the bill to be set down for second reading, and the order of the Council shall be so recorded in the minutes of proceedings; and notice of motion for second reading shall not be required to be given by the Member in charge of the bill. Second Reading (1) In the case of a bill which relates to Government policies presented by a Member, the President shall call for the signification of the written consent of the Chief Executive by a designated public officer before the Council enters upon consideration of the second reading of the bill and the motion that the bill be now read the second time shall not be moved unless such written consent has been signified accordingly. (2) The signification of the Chief Executive's written consent shall be recorded in the minutes of proceedings. (3) Subject to subrules (4) and (5), the Council shall proceed to the second reading of a bill on a motion that the bill be now read the second time; and on this motion a debate may arise covering the general merits and principles of the bill. (4) Except in relation to Appropriation Bills, when the Member in charge of a bill has spoken on a motion that the bill be now read the second time, the debate shall be adjourned and the bill shall be referred to the House Committee unless the Council, on a motion which may be moved without notice by any Member, otherwise orders. (5) When a debate has been adjourned under subrule (4), it may be resumed on notice by the Member or public officer in charge of the bill, given by him in writing delivered to the office of the Clerk, after consultation with the chairman of the House Committee, subject to the following- (a) subject to paragraphs (b) and (c), resumption of debate shall not take place earlier than 9 clear days after the meeting of House Committee at which the bill was considered in preparation for resumption of debate; (b) if at the meeting of House Committee to consider the bill in preparation for resumption of debate the committee recommends a period longer than 9 clear days before resumption then resumption shall not take place earlier than 12 clear days after that meeting; (c) if at the meeting of House Committee to consider the bill in preparation for resumption of debate the committee recommends that the second reading debate be resumed at the next meeting of the Council then resumption may take place at that meeting with the permission of the President provided that due notice has been given under paragraph (e); (d) subject to paragraph (e), notice of resumption of debate shall be given by the Member or public officer in charge of the bill not less than 12 clear days before the day on which the debate is to be resumed; (e) where resumption of debate is to take place 9 clear days or less after the meeting of House Committee at which the bill was considered in preparation for resumption, then notice of resumption of debate shall be given no later than 2 clear days after that meeting: Provided that the President may in his discretion dispense with such notice. (6) No amendment may be proposed to the question that the bill be now read the second time. (7) At the resumption of the second reading debate on a bill, a Member making a report of a Bills Committee on a bill under Rule 76(9) (Bills Committees) may, with the permission of the President, be the first Member to speak. (8) When a motion for the second reading of a bill has been negatived no further proceedings shall be taken on that bill. Committal of Bills (1) When a motion for the second reading of a bill has been agreed to, the bill shall stand committed to a committee of the whole Council, unless- (a) the Council, on a motion which may be moved without notice by any Member immediately after the bill has been read the second time, commit the bill to a select committee; or (b) the President is of the opinion that the bill would specially benefit or otherwise specially affect some particular person or association or corporate body, in which case he may direct that the bill be committed to a select committee. (2) Notice of proceedings upon a bill in committee of the whole Council shall not be required to be given by the Member in charge of the bill. (3) Proceedings upon a bill in select committee shall be begun upon a day appointed in accordance with Rule 79(2) (Procedure of Select Committees). Functions of Committees on Bills (1) Any committee of the whole Council or select committee to which a bill is committed shall not discuss the principles of the bill but only its details. (2) Any such committee shall have power to make such amendments therein as they shall think fit, provided that the amendments, including new clauses and new schedules, are relevant to the subject matter of the bill. Amendments to Bills (1) The provisions of this Rule shall apply to amendments proposed to be moved to bills in committee of the whole Council, in a select committee, and on recommittal. (2) Notice of amendments proposed to be moved to a bill shall be given not less than 7 clear days before the day on which the bill is to be considered in committee; and except with the leave of the Chairman no amendment of which notice has not been so given may be moved to a bill. (3) The provisions of Rule 30 (Manner of Giving Notice of Motions and Amendments) shall apply to notice of amendments to bills with the substitution of the word "Chairman" for "President" in subrule (3) of that Rule. (4) The following provisions shall apply to amendments relating to bills: (a) An amendment must be relevant to the subject matter of the bill and to the subject matter of the clause to which it relates. (b) An amendment must not be inconsistent with any clause already agreed to or with any previous decision of the committee upon the bill. (c) An amendment must not be such as to make the clause which it proposes to amend unintelligible or ungrammatical. (d) An amendment which is in the opinion of the Chairman frivolous or meaningless may not be moved. (e) Where an amendment is proposed to be moved to a bill presented in both official languages the amendment shall be made to the text in each language unless it is an amendment that clearly affects the text in one language only. But an amendment which creates a conflict or discrepancy between the text in one language and the text in the other may not be moved. (5) If an amendment refers to, or is not intelligible without, a subsequent amendment or schedule, notice of the subsequent amendment or schedule must be given before the first amendment is moved so as to make the series of amendments intelligible as a whole. (6) An amendment, the object or effect of which may, in the opinion of the President or Chairman, be to dispose of or charge any part of the revenue or other public moneys of Hong Kong shall be proposed only by- (a) the Chief Executive; or (b) a designated public officer; or (c) a Member, if the Chief Executive consents in writing to the proposal. Procedure in Committee of the Whole Council on a Bill (1) The Chairman in a committee of the whole Council shall propose "That the following clauses stand part of the bill", and shall direct the Clerk to call the numbers of the clauses. On the number or numbers of any clause or group of clauses being called, the question that that clause or group of clauses stand part of the bill shall be deemed to have been proposed. In the event of a clause being amended the number of the clause, as amended, shall be called again by the Clerk, and the question that the clause as amended stand part of the bill shall be deemed to have been proposed. (2) In order to save time and avoid repetition of arguments, the Chairman may allow a single discussion to cover a series of interdependent amendments. (3) The provisions of Rule 34 (Manner of Debating Amendments to Motions) shall apply to the discussion of amendments to bills, with the substitution of the word "clause" for the word "motion". (4) A clause may be postponed, unless a decision has already been taken upon an amendment thereto. Postponed clauses shall be considered after the remaining clauses of the bill have been considered and before new clauses are brought up. (5) Any proposed new clause shall be considered after the clauses of the bill have been disposed of and before consideration of any schedule of the bill: Provided that a new clause proposed in substitution for a clause which has been disagreed to may be considered immediately after such disagreement. (6) On the section heading of any new clause being read by the Clerk the clause shall be deemed to have been read a first time. The question shall then be proposed "That the clause be read a second time"; if this is agreed to, amendments may then be proposed to the new clause. The final question to be proposed shall be "That the clause (or the clause as amended) be added to the bill". (7) Schedules shall be disposed of in the same way as clauses and any proposed new schedule shall be considered after the schedules of the bill have been disposed of, and shall be treated in the same manner as a new clause. (8) When every clause and schedule and proposed new clause or schedule has been dealt with, the preamble, if there is one, shall be considered and the question put "That this be the preamble to the bill". No amendment to the preamble shall be considered which is not made necessary by a previous amendment to the bill. (9) If any amendment to the title of the bill is made necessary by an amendment to the bill, it shall be made at the conclusion of the proceedings detailed above, but no question shall be put that the title (as amended) stand part of the bill; nor shall any question be put upon the enacting formula. (10) No amendment to the reference to the year or to any number in the title by which the bill is to be cited if it becomes law shall be necessary, and any such reference may be changed by the Law Draftsman to refer to the year, or to reflect the order, in which the bill becomes law. (11) An amendment, proposed new clause or proposed new schedule, upon which a question has been proposed, may be withdrawn at the request of the mover by leave of the committee before the question has been put on it, if no Member objects. (12) When all the proceedings upon the bill have been concluded in committee, the Council shall resume and a Member shall report the bill to the Council with or without amendment as the case may be. Procedure on Reporting of Bill from Committee of the Whole Council When a bill has been reported from a committee of the whole Council, the Council shall be deemed to have ordered the bill to be set down for third reading and the order of the Council shall be so recorded in the minutes of proceedings; and notice of motion for third reading shall not be required to be given by the Member in charge of the bill. Procedure in Select Committee on a Bill (1) A select committee on a bill shall be subject to all the provisions of Rule 79 (Procedure of Select Committees) but before reporting the bill to the Council it shall go through the bill in the same manner as a committee of the whole Council as prescribed in Rule 58 (Procedure in Committee of the Whole Council on a Bill). (2) When a bill has been amended in a select committee, the whole text of the bill as amended shall, if practicable, be printed as part of the report of the select committee, but if this is not practicable the text of every clause or schedule amended, and of every new clause or new schedule added, shall be so printed. (3) When all the proceedings upon the bill have been concluded in a select committee and the committee has agreed to its report, the chairman shall, at the next meeting of the Council, report the bill, with or without amendment as the case may be, to the Council and shall lay a copy of the report of the committee upon the Table. Procedure on Reporting of Bill from a Select Committee (1) When a bill has been reported from a select committee the Council may consider the bill as reported on a motion, moved by the chairman of the select committee, that the report of the select committee on the bill be adopted. (2) If that motion is agreed to without amendment, the Council shall be deemed to have ordered the bill to be set down for third reading and the order of the Council shall be so recorded in the minutes of proceedings, and notice of third reading shall not be required to be given by the Member in charge of the bill. (3) On a motion to adopt the report of a select committee on a bill moved under subrule (1), a Member may propose an amendment to add at the end of the motion the words "subject to the recommittal of the bill (either wholly or in respect only of some particular part or parts of the bill or of some proposed new clause or new schedule) to a committee of the whole Council". (4) If the motion is agreed to as amended in accordance with subrule (3), the bill shall stand recommitted as required by the motion, and the Council shall immediately resolve itself into a committee of the whole Council to consider it. (5) This Rule shall not apply to the procedure on the reporting of a bill from a select committee formed to consider a bill returned by the Chief Executive to the Council for reconsideration. Procedure on Recommittal of Bill Reported from Select Committee (1) When the whole of a bill reported from a select committee has been recommitted the committee shall go through the bill as provided in Rule 58 (Procedure in Committee of the Whole Council on a Bill). (2) When a bill has been recommitted in respect only of some specified clause or clauses or schedule or schedules of the bill or some proposed new clause or new schedule, the committee shall consider only the matter so recommitted and shall proceed on every such clause or schedule in the manner provided in Rule 58 (Procedure in Committee of the Whole Council on a Bill) and may thereafter if necessary consider amendment of the long or short title of the bill: Provided that if the President considers it necessary or desirable he may require the whole bill to be recommitted as provided in subrule (1). (3) When all proceedings in committee of the whole Council on a recommitted bill have been completed, the Council shall resume and the Member in charge of the bill shall report the bill, as amended (or as not amended) on recommittal, to the Council. (4) When the bill has been so reported after recommittal, the Council shall forthwith proceed to the third reading of the bill, unless the Member in charge states that he wishes the third reading to be postponed; and in the latter event the provisions of Rule 59 (Procedure on Reporting of Bill from Committee of the Whole Council) shall apply, and no further motion to recommit the bill shall be allowed. Third Reading (1) The Council shall proceed to the third reading of a bill on a motion that the bill be read the third time and do pass. Debate on that motion shall be confined to the contents of the bill and no amendment may be moved to the motion. (2) Amendments for the correction of errors or oversights may, with the President's permission, be made to the bill before the question for the third reading of the bill is put by the President, but no amendments of a material character shall be proposed. (3) When a motion for the third reading of a bill (or bills) has been agreed to, the Clerk shall read the short title of the bill (or bills) and shall write at the end of the bill (or bills) the words "Passed by the Legislative Council of the Hong Kong Special Administrative Region this day" giving the date. (4) When a motion for the third reading of a bill has been negatived no further proceedings shall be taken on that bill. Withdrawal or Postponement of Bills The Member or public officer in charge of a bill may, by announcement in Council at the beginning of proceedings for its second or third reading, withdraw or postpone the bill. Presentation of Bill for Signature of Chief Executive A copy of every bill passed by the Council, certified as a true copy by the Clerk, shall be submitted by the Clerk to the Chief Executive for his signature. Bills Returned for Reconsideration (1) Where a bill passed by the Council is to be returned to the Council for reconsideration, notice of the return shall be given to the Clerk within 3 months of the passage of the bill; such notice shall be accompanied by a copy of the bill and a certificate signed by the Chief Executive certifying that he is returning the bill to the Council for reconsideration under Article 49 of the Basic Law. (2) The Clerk shall, after receipt of the bill for reconsideration, cause a copy of the bill to be sent to every Member and the text of the bill to be published in the Gazette unless the President directs that the bill shall not be published in the Gazette before the short title of the returned bill has been read at a meeting of the Council. (3) The short title of the bill shall be placed on the Agenda of a meeting of the Council as directed by the President. (4) After the short title of the bill has been read by the Clerk, a designated public officer may speak on the return of the bill, whereupon the bill shall be referred to the House Committee unless the Council, on a motion which may be moved without notice by any Member, otherwise orders. (5) If the Council orders that the bill shall not be referred to the House Committee, the bill shall be deemed to have been ordered to be set down for a motion "That the ...... Bill returned by the Chief Executive in accordance with Article 49 of the Basic Law do pass after reconsideration", which may be moved by any Member without notice. The order of the Council shall be so recorded in the minutes of proceedings. (6) When a returned bill is referred to the House Committee, the House Committee shall immediately arrange for the returned bill to be considered in such manner as it thinks fit, and after it has completed deliberation on the returned bill, a motion "That the ...... Bill returned by the Chief Executive in accordance with Article 49 of the Basic Law do pass after reconsideration" may be moved at a meeting of the Council. (7) No amendment may be moved to a motion moved under subrule (5) or (6). (8) If the number of Members in favour of the motion "That the ...... Bill returned by the Chief Executive in accordance with Article 49 of the Basic Law do pass after reconsideration" is not less than a two-thirds majority of all the Members, the Clerk shall read the short title of the bill and shall write at the end of the bill the words "Reconsidered and passed by not less than a two-thirds majority of all the Members of the Legislative Council of the Hong Kong Special Administrative Region this day" giving the date. A true copy of the bill shall be certified by the Clerk and submitted to the Chief Executive for his signature. (9) If the number of Members in favour of the motion "That the ...... Bill returned by the Chief Executive in accordance with Article 49 of the Basic Law do pass after reconsideration" is less than a two-thirds majority of all the Members, the Clerk shall read the short title of the bill and shall write at the end of the bill the words "Reconsidered, with less than a two-thirds majority of all the Members of the Legislative Council of the Hong Kong Special Administrative Region in favour of the motion that the ...... Bill returned by the Chief Executive in accordance with Article 49 of the Basic Law do pass after reconsideration, this day" giving the date. A true copy of the bill shall be certified by the Clerk and submitted to the Chief Executive. (10) If a returned bill is signed by the Chief Executive under Article 76 of the Basic Law and notice thereof is given to the Clerk before a motion on that bill is moved under subrule (5) or (6), no further proceedings shall be taken on the bill. Presentation and Second Reading of Appropriation Bill PART L FINANCIAL PROCEDURE (1) Any bill containing the estimated financial requirements for expenditure on all the services of the Government of the Hong Kong Special Administrative Region for the current or succeeding financial year shall be known as an Appropriation Bill. Estimates containing the details of the said financial requirements shall be presented to the Council not later than the commencement of the meeting at which such bill is placed on the Agenda of the Council for first reading. (2) After the motion for the second reading of the bill has been proposed the debate thereon shall be adjourned and shall be resumed not earlier than the seventh day thereafter. The debate, when resumed, shall be confined to the financial and economic state of Hong Kong and the general principles of Government policy and administration as indicated by the bill and Estimates. (3) Subject to Rule 71(11) (Finance Committee), the Estimates shall upon presentation to the Council stand referred to a committee of the whole Council and the Appropriation Bill upon being read a second time shall stand committed to that committee. Procedure in Committee of the Whole Council on Appropriation Bill (1) On the consideration of the Appropriation Bill in committee of the whole Council the clauses of the bill shall stand postponed until after consideration of the schedule or schedules. (2) On the consideration of a schedule each head of expenditure shall be considered with the appropriate estimate, and any reference in these Rules of Procedure to a subhead or an item means a subhead or an item in the Estimates for the head then under discussion. (3) On the consideration of a schedule, the Chairman shall propose "That the sums for the following heads stand part of the schedule", and shall direct the Clerk to call the numbers of the heads. On the number or numbers of any head or group of heads being called, the question that the sums in that head or group of heads stand part of the schedule shall be deemed to have been moved. Unless an amendment is proposed under the provisions of the next succeeding Rule, a debate may take place on that question. Any such debate shall be confined to the policy of the service for which the money is to be provided and shall not deal with the details of any item or subhead but may refer to the details of revenue or funds for which that service is responsible. (4) When all the heads in a schedule have been disposed of, the Chairman shall put forthwith, without amendment or debate, the question "That the schedule (as amended) stand part of the bill". (5) When every schedule has been disposed of, the Chairman shall propose "That the following clauses stand part of the bill", and shall direct the Clerk to call the numbers of the clauses. On the number of any clause being called, the question that the clause stand part of the bill shall be deemed to have been proposed. In the event of a clause being amended, the number of the clause, as amended, shall be called again by the Clerk, and the question that the clause as amended stand part of the bill shall be deemed to have been proposed. (6) No amendment may be moved to any clause except an amendment consequential on an alteration in the total sum appropriated by any schedule. Any such consequential amendment shall be moved by a designated public officer only and may be moved without notice, and the question thereon shall be put forthwith without amendment or debate. When the question on the last of any such amendments to a clause has been decided, the Chairman shall forthwith put the question "That the clause as amended stand part of the bill" and that question shall then be decided without amendment or debate. (7) When the question upon every clause of the bill has been decided, the Council shall resume and a Member shall report the bill to the Council with or without amendment, as the case may be. Amendments to Heads of Estimates in Committee of the Whole Council on Appropriation Bill (1) An amendment which, in the opinion of the Chairman, would increase the sum allotted to any head of expenditure whether in respect of any item or subhead or of the head itself shall only be moved by a designated public officer. (2) An amendment to increase a head whether in respect of any item or subhead or of the head itself shall take precedence over an amendment to reduce the head in the same respect, and if it is carried no amendment to reduce the head in that respect shall be called. (3) An amendment to any head of expenditure to reduce the sum allotted thereto in respect of any item therein may be moved by any Member, and shall take the form of a motion "That head ...... be reduced by $....... in respect of (or by leaving out) subhead ...... item ......". (4) An amendment to reduce a head in respect of any subhead or by leaving out a subhead shall only be in order if the subhead is not itemized. (5) An amendment to reduce a head without reference to a subhead therein shall only be in order if the head is not divided into subheads. (6) An amendment to leave out a head shall not be in order and shall not be placed on the Agenda of the Council. (7) In the case of each head, amendments in respect of items or subheads in that head shall be placed on the Agenda of the Council and considered in the order in which the items or subheads to which they refer stand in the head in the Estimates. (8) When notice has been given of two or more amendments to reduce the same item, subhead, or head, they shall be placed on the Agenda of the Council in the order of the magnitude of the reductions proposed, the amendment proposing the largest reduction being placed first in each case. (9) Debate on every amendment shall be confined to the item, subhead, or head to which the amendment refers, and after an amendment to an item or subhead has been disposed of no amendment or debate on a previous item or subhead shall be permitted. (10) When all amendments standing on the Agenda of the Council in respect of any particular head of expenditure have been disposed of, the Chairman shall again propose the question "That the sum for head ...... stand part of the schedule" or shall propose the amended question "That the (increased or reduced) sum for head ...... stand part of the schedule", as the case may require. The debate on any such question shall be subject to the same limitations as apply to a debate arising under Rule 68(3) (Procedure in Committee of the Whole Council on Appropriation Bill). Third Reading of Appropriation Bill The motion for third reading of the Appropriation Bill shall be voted on without amendment or debate. Finance Committee PART M COMMITTEES (1) There shall be a standing committee, to be called the Finance Committee, the members of which shall be all the Members other than the President. (2) The chairman and deputy chairman of the committee shall be elected by and from among its members and shall hold office until the election of the chairman and deputy chairman of the committee in the session next following that for which they were elected. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. Notwithstanding the provision in subrule (8), the chairman or the member presiding, as the case may be, shall have his original vote in addition to his casting vote in such elections. (3) The clerk to the Finance Committee shall be responsible for calling the first meeting of a term of the Finance Committee, and shall preside at the beginning of that meeting for the purpose of electing the presiding Member for the election of the chairman of the Finance Committee. (4) The functions of the Finance Committee shall be such as are conferred upon the committee by the Public Finance Ordinance (Cap 2), any other law and these Rules of Procedure, and such as may from time to time be referred to the committee by the Council. (5) The committee may appoint subcommittees for the purpose of assisting the committee in the performance of such functions of the committee as the committee may determine. (6) The committee shall meet at the time and the place determined by the chairman. Written notice of every meeting shall be given to the members at least 5 clear days before the day of the meeting but shorter notice may be given in any case where the chairman so directs. (7) Meetings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (8) The chairman and 8 members shall form a quorum. All matters before the committee shall be decided by a majority of the members voting. Neither the chairman nor any other member presiding shall vote, unless the votes of the other members are equally divided, in which case he shall have a casting vote. (9) Where the chairman so orders, any matter for the decision of the committee may be considered by circulation of papers to the members of the committee and each member may signify his approval in writing submitted to the chairman. If a majority of the members so signify before the expiry of the period specified by the chairman for the purpose, and if upon expiry of that period no member has (in writing submitted to the chairman) signified disapproval of the matter or requested that the matter be referred for decision at a meeting of the committee, it shall be deemed to be approved by the committee. (10) The clerk to the committee appointed under Rule 6(7) (Duties of the Clerk) shall attend the meetings of the committee. He shall keep the minutes of the proceedings of the committee in a manner determined by the committee. (11) The Estimates presented in accordance with the provisions of Rule 67 (Presentation and Second Reading of Appropriation Bill) may be referred by the President to the Finance Committee for their examination before consideration of the Appropriation Bill in committee of the whole Council. (12) The chairman or the committee may invite any public officer, or, in the case of a head of the Estimates relating to a non-government body or organization, any member or employee of that body or organization to give information or any explanation or to produce any records or documents which the committee may require in the performance of its duties; and the committee may also invite any other person to assist the committee in relation to any such information, explanation, records or documents. (13) Subject to these Rules of Procedure, the practice and procedure of the committee and its subcommittees shall be determined by the committee. Public Accounts Committee (1) There shall be a standing committee, to be called the Public Accounts Committee, to consider reports of the Director of Audit- (a) on the accounts of the Government; (b) on such other accounts required to be laid before the Council as the committee may think fit; and (c) on any matter incidental to the performance of his duties or the exercise of his powers as the committee may think fit. (2) The committee shall also consider any report of the Director of Audit laid on the Table of the Council which deals with examinations (value for money audit) carried out by the Director relating to the economy, efficiency and effectiveness of any Government department or public body or any organization to which his functions as Director of Audit extend by virtue of any Ordinance or which receives public moneys by way of subvention. (3) The committee shall consist of a chairman, deputy chairman and 5 members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. The chairman and 2 other members shall constitute a quorum. (4) A report mentioned in subrules (1) and (2) shall be deemed to have been referred by the Council to the committee when it is laid on the Table of the Council. (5) Unless the chairman otherwise orders, members of the press and of the public shall be admitted as spectators at meetings of the committee attended by any person invited by the committee under subrule (8). (6) The committee shall meet at the time and the place determined by the chairman. Written notice of every meeting shall be given to the members and to any person invited to attend a meeting at least 5 clear days before the day of the meeting but shorter notice may be given in any case where the chairman so directs. (7) All matters before the committee shall be decided by a majority of the members voting. Neither the chairman nor any other member presiding shall vote, unless the votes of the other members are equally divided, in which case he shall have a casting vote. (8) The chairman or the committee may invite any public officer, or, in the case of a report on the accounts of or relating to a non-government body or organization, any member or employee of that body or organization, to give information or any explanation or to produce any records or documents which the committee may require in the performance of its duties; and the committee may also invite any other person to assist the committee in relation to any such information, explanation, records or documents. (9) The committee shall make their report upon the report of the Director of Audit on the accounts of the Government within 3 months (or such longer period as may be determined under section 12 of the Audit Ordinance (Cap 122)) of the date on which the Director's report is laid on the Table of the Council. (10) The committee shall make their report upon the report of the Director of Audit mentioned in subrule (2) within 3 months (or such longer period as may be determined by the Council) of the date on which the Director's report is laid on the Table of the Council. (11) Subject to these Rules of Procedure, the practice and procedure of the committee shall be determined by the committee. Committee on Members' Interests (1) There shall be a standing committee to be called the Committee on Members' Interests- (a) to examine the arrangements made for the compilation, maintenance and accessibility of the Register of Members' Interests; (b) to consider any proposals made by Members or others as to the form and contents of the Register; (c) to consider and investigate any complaint made in relation to the registration and declaration of Members' interests or any complaint of a failure to do so; (d) to consider matters of ethics in relation to the conduct of Members in their capacity as such, and to give advice and issue guidelines on such matters; (e) to report to the Council and make recommendations, including a recommendation as to a sanction under Rule 85 (Sanctions relating to Interests). (2) The committee shall consist of a chairman, deputy chairman and 5 members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. The chairman and 2 other members shall constitute a quorum. (3) The committee shall meet at the time and the place determined by the chairman. Written notice of every meeting shall be given to the members at least 5 clear days before the day of the meeting but shorter notice may be given in any case where the chairman so directs. (4) Meetings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (5) All matters before the committee shall be decided by a majority of the members voting. In the event that votes are equally divided, the chairman or other member presiding shall have a casting vote. (6) The committee may invite any person to attend before the committee and to give evidence or to produce any paper, book, record or document in the possession or under the control of such person. (7) Subject to these Rules of Procedure, the practice and procedure of the committee shall be determined by the committee. Committee on Rules of Procedure (1) There shall be a committee to be called the Committee on Rules of Procedure to review the Rules of Procedure of the Council and the committee system, and to propose to the Council such amendments or changes as are considered necessary. The committee may examine matters of practice and procedure relating to the Council referred by the Council or its committees or the President, or raised by its own members. (2) The committee shall consist of a chairman, a deputy chairman and 10 members who shall be Members appointed by the President in accordance with an election procedure determined by the House Committee. The President may be invited to attend its meeting to advise on matters of practice and procedure relating to the Council. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during that absence. The chairman and 3 other members shall constitute a quorum. (3) The committee shall meet at the time and the place determined by the chairman. Written notice of every meeting shall be given to the members at least 5 clear days before the day of the meeting but shorter notice may be given in any case where the chairman so directs. (4) Meetings need not be held in public and the committee shall report from time to time its deliberations and may make recommendations to the Council. (5) All matters before the committee shall be decided by a majority of the members voting. In the event that votes are equally divided, the chairman or other member presiding shall have a casting vote. (6) Subject to these Rules of Procedure, the practice and procedure of the committee shall be determined by the committee. House Committee (1) There shall be a committee, to be called the House Committee, the members of which shall be all the Members other than the President. (2) The chairman and deputy chairman of the committee shall be elected by the committee from among its members and shall hold office until the election of the chairman and deputy chairman of the committee in the session next following that for which they were elected. In the event of the temporary absence of the chairman and deputy chairman, the committee may elect a chairman to act during such absence. Notwithstanding the provision in subrule (16), the chairman or the member presiding, as the case may be, shall have his original vote in addition to his casting vote in such elections. (3) The clerk to the House Committee shall be responsible for calling the first meeting of a term of the House Committee, and shall preside at the beginning of that meeting for the purpose of electing the presiding Member for the election of the chairman of the House Committee. (4) At any time after a bill has been referred to the committee under Rule 54(4) (Second Reading), the committee may allocate it to a Bills Committee for consideration, or may cause it to be considered in such other manner as the committee thinks fit. (5) In deciding upon the timing and order of allocation of bills to a Bills Committee, the committee may take into account the number and relative priority of other bills currently referred to the committee under Rule 54(4) (Second Reading), and may at any time vary any decision as to the timing and order of allocation of any bill. (6) Following allocation of a bill to a Bills Committee, the committee, after consultation with that Bills Committee, may decide the date for completion of consideration of the bill by the Bills Committee. Any such decision may be varied at any time, after consultation with the Bills Committee. (7) Upon the allocation of a bill to a Bills Committee, the members of that Bills Committee shall be those Members (other than the President) who signify membership in accordance with procedural rules (which shall provide only for the manner and timing of such signification) decided by the committee. (8) The committee may provide guidelines relating to the procedure of the Bills Committees, subcommittees constituted under subrule (12) and Panels constituted under Rule 77 (Panels). (9) The committee may discuss any deliberations of a Bills Committee for the purpose of assisting members in preparation for resumption of second reading debate in the Council. (10) The committee shall decide the manner of consideration of any subsidiary legislation which is subject to the provisions of sections 34 and 35 of the Interpretation and General Clauses Ordinance (Cap 1). (11) The committee may consider, in such manner as it thinks fit, any other item relating to the business of the Council. (12) The committee may appoint subcommittees for the purpose of assisting the committee in the performance of its functions under subrules (10) and (11). (13) The committee may refer any policy matter relating to the business of the Council to a Panel constituted under Rule 77 (Panels), may make recommendation on the terms of reference for the consideration of such matter after consultation with the Panel and may request and receive report on the policy matter from the Panel and then report further to the Council as appropriate. (14) The committee shall meet at the time and the place determined by the chairman. Written notice of the place, day and time of every meeting shall be given to the members at least 3 days before the day of the meeting but shorter notice may be given in any case where the chairman so directs. (15) Meetings of the committee shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (16) 20 members, including the chairman, shall form a quorum. All matters for the decision of the committee shall be decided by a majority of the members voting. The chairman or any other member presiding shall not vote, unless the votes of the other members are equally divided in which case he shall have a casting vote. (17) Where the chairman so orders, any matter for the decision of the committee may be considered by circulation of papers to the members of the committee and each member may signify his approval in writing submitted to the chairman. If a majority of the members so signify before the expiry of the period specified by the chairman for the purpose, and if upon expiry of that period no member has (in writing submitted to the chairman) signified disapproval of the matter or requested that the matter be referred for decision at a meeting of the committee, it shall be deemed to be approved by the committee. (18) Subject to these Rules of Procedure, the practice and procedure of the committee and its subcommittees shall be determined by the committee. Bills Committees (1) There shall be such number of committees, to be called Bills Committees, as the House Committee considers appropriate. (2) The chairman of a Bills Committee shall be elected by the committee from among its members. The committee may also elect a deputy chairman. In the event of the temporary absence of the chairman or any deputy chairman, the committee may elect a chairman to act during such absence. (3) A Bills Committee shall consist of not less than 3 members including the chairman. The quorum of a Bills Committee shall be 3 members including the chairman, or one third of the members including the chairman (a fraction of the whole number being disregarded), whichever is the greater. (4) A Bills Committee may appoint subcommittees for the purpose of assisting the committee in the performance of its functions. (5) A Bills Committee shall meet at the time and the place determined by the chairman. Written notice of the place, day and time of every meeting shall be given to the members at least 3 days before the day of the meeting but shorter notice may be given in any case where the chairman so directs. (6) Meetings shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (7) A Bills Committee shall consider the general merits and principles, and the detailed provisions, of the bill allocated to it; and may also consider any amendments relevant to the bill. (8) All matters for the decision of a Bills Committee shall be decided by a majority of the members voting. The chairman or any other member presiding shall, if the votes be equally divided, have a casting vote in addition to his original vote. (9) A Bills Committee shall, as soon as it has completed consideration of the bill allocated to it, notify the House Committee and shall advise the committee in writing of its deliberations and then report further to the Council. (10) The deliberations of a Bills Committee on a bill may be discussed by the House Committee for the purposes of informing Members in preparation for resumption of the second reading debate on the bill in Council. Such deliberations shall not be binding on any Member, whether in Council, in a committee of the whole Council or in the House Committee. (11) Subject to these Rules of Procedure, the practice and procedure of a Bills Committee and its subcommittees shall be determined by that Bills Committee. In any such determination, a Bills Committee shall take into account any guidelines provided under Rule 75(8) (House Committee). Panels (1) There shall be such number of committees, to be called Panels, as the House Committee considers appropriate and as the Council may approve. (2) The terms of reference of a Panel shall be recommended by the House Committee and approved by the Council. (3) A Panel shall monitor and examine, to the extent it considers necessary, policy matters referred to it by a member of the Panel or by the House Committee. (4) The members of a Panel shall be those Members (other than the President) who signify membership in accordance with procedural rules (which shall provide only for the manner and timing of such signification) decided by the House Committee. (5) The chairman of a Panel shall be elected by the Panel from among its members. The Panel may also elect a deputy chairman. In the event of the temporary absence of the chairman or any deputy chairman the Panel may elect a chairman to act during such absence. The chairman and deputy chairman of a Panel shall hold office until the election of the chairman and deputy chairman of the Panel in the session next following that for which they were elected. (6) A Member who is the chairman or deputy chairman of a Government advisory body in respect of matters which a Panel considers to be directly related to the terms of reference of the Panel shall not be the chairman or deputy chairman of the Panel. (7) A Member shall not be chairman or deputy chairman of more than one Panel at the same time. (8) A Panel shall consist of not less than 6 members including the chairman. The quorum of a Panel shall be 3 members including the chairman, or one third of the members including the chairman (a fraction of the whole number being disregarded), whichever is the greater. (9) A Panel may, if it considers appropriate, appoint subcommittees to study specific issues and to report to the Panel. (10) A Panel or its subcommittee may, if it considers appropriate, meet jointly with any other Panel or its subcommittee for the purpose of considering any matter of common interest to the Panels. The quorum of a joint meeting shall be one third of the members of all the relevant panels or subcommittees including the chairman (a fraction of the whole number being disregarded). All matters for decision at a joint meeting shall be decided by a majority of the members voting. The chairman shall, if the votes be equally divided, have a casting vote in addition to his original vote. (11) A Panel shall meet at the time and the place determined by the chairman of the Panel. Written notice of the place, day and time of every meeting shall be given to the members at least 3 days before the day of the meeting but shorter notice may be given in any case where the chairman so directs. (12) Meetings shall be held in public unless the chairman otherwise orders in accordance with any decision of the Panel. (13) All matters for the decision of a Panel shall be decided by a majority of the members voting. The chairman or any other member presiding shall, if the votes be equally divided, have a casting vote in addition to his original vote. Such voting shall not be binding on any Member, whether in Council, in a committee of the whole Council or in the House Committee. (14) A Panel may make such reports as it considers appropriate to the Council provided that there shall be at least one report during a session and where requested by the House Committee or on its own motion, make a report in writing to the House Committee on a particular matter. (15) Subject to these Rules of Procedure, the practice and procedure of a Panel or its subcommittee shall be determined by that Panel. In any such determination, a Panel shall take into account any guidelines provided under Rule 75(8) (House Committee). Select Committees (1) The Council may in each session appoint one or more select committees to consider matters or bills which the Council may refer to the committee. (2) The President shall decide the size of every select committee and shall appoint the chairman, deputy chairman and members thereof, taking into account the recommendations of the House Committee. (3) The quorum of a select committee shall be one third of the members excluding the chairman, a fraction of a whole number being disregarded. (4) A select committee shall, as soon as it has completed consideration of the matter or bill referred to it, report to the Council thereon and the committee shall thereupon be dissolved. If the committee is of the opinion that it will not be able to complete consideration of the matter or bill before the end of the session, it shall so report to the Council. (5) At the end of the session every select committee of the Council shall be dissolved. Procedure of Select Committees (1) The deliberations of a select committee shall be confined to the matter or matters referred to it by the Council, and in the case of a select committee on a bill shall be confined to the bill committed to it and relevant amendments. (2) A select committee shall meet at the time determined by the chairman. The meetings of a select committee shall be held in public unless the chairman otherwise orders in accordance with any decision of the committee. (3) In the event of the temporary absence of the chairman and deputy chairman the committee may elect a chairman to act during such absence. (4) The clerk to the committee appointed under Rule 6(7) (Duties of the Clerk) shall attend meetings of the committee and shall keep the minutes of proceedings of the committee. (5) Divisions in a select committee shall be taken by the clerk to the committee who shall ask each member of the committee separately how he wishes to vote and record the votes accordingly. (6) Neither the chairman nor any other member presiding shall vote, unless the votes of the other members are equally divided in which case he shall have a casting vote. (7) (a) A member of a select committee may bring a report for their consideration. When all the reports have been brought up the chairman shall propose the reports in order until one is accepted as a basis for discussion, beginning with his own report and proceeding with the remainder in the order in which they were brought up. The question to be proposed by the chairman on a report shall be that the chairman's (or Mr. .........'s) report be read a second time paragraph by paragraph. When this question has been agreed to, it shall not be proposed on further reports but portions thereof may be offered as amendments to the report under consideration if they are relevant to it. (b) The committee shall then go through the report paragraph by paragraph and the provisions of Rule 58 (Procedure in Committee of the Whole Council on a Bill) shall apply as if the report were a bill and the paragraphs were the clauses of the bill. (c) When consideration of the report paragraph by paragraph is concluded and when all proposed new paragraphs have been considered the chairman shall put the question that this report be the report of the committee to the Council. (8) A select committee may make a special report relating to the powers, functions and proceedings of the committee on matters which it thinks fit to bring to the notice of the Council. (9) The minutes of proceedings of the committee shall record all proceedings on consideration of a report or bill in the committee and on every amendment proposed to the report or bill, with a note of divisions, if divisions were taken in the committee, showing the names of members voting in the division or declining to vote. (10) A report or special report, with the minutes of proceedings of a select committee and the minutes of evidence, if evidence was taken, shall be laid on the Table of the Council by the chairman of the committee. Attendance of Witness (a) Any standing committee may summon, as required when exercising its powers and functions, persons concerned to testify or give evidence; (b) the House Committee or a Bills Committee, Panel or select committee(s), where so authorized by the Legislative Council, may summon, as required when exercising the committee's powers and functions, persons concerned to testify or give evidence, but the Chief Executive may decide, in the light of security and vital public interests, whether Government officials or other personnel in charge of Government affairs should testify or give evidence before the Legislative Council or its committees. Premature Publication of Evidence (1) The evidence taken before a select committee and documents presented to the committee shall not, except in the case of meetings of the committee held in public, be published by a member of the committee or by any other person before the committee has presented its report to the Council. (2) Any member of the committee who fails to comply with subrule (1) may be admonished or reprimanded by the Council on a motion to that effect. Employment of Members in Professional Capacity PART N MISCELLANEOUS MATTERS No Member shall appear before the Council or any committee or subcommittee in a professional capacity for or on behalf of a party or in a capacity for which he is to receive a fee or award. Registration of Interests (1) Except for the purpose of making registration of interests under subrule (2), every Member shall, not later than the date specified by resolution made and passed by the Legislative Council, furnish to the Clerk, in such form as may be approved by the President, particulars of his registrable interests. (2) Every new Member of the Legislative Council shall, within 14 days from the date of his becoming a new Member to fill a vacant seat, furnish to the Clerk, in such form as may be approved by the President, particulars of his registrable interests. (3) Every Member shall furnish to the Clerk, in such form as may be approved by the President, particulars of any change in such registrable interests, within 14 days of any such change. (4) The Clerk shall cause those particulars to be entered in a Register of Members' Interests and that register shall be available for inspection by any person during office hours. (5) In this Rule, "registrable interests" means- (a) remunerated directorships of companies, public or private; (b) remunerated employments, offices, trades, professions or vocations; (c) the names of clients when the interests referred to above include personal services by Members which arise out of or are related in any manner to his membership of the Council; (d) financial sponsorships, as a Member of the Council, by any person or organization, stating whether any such sponsorships include any payment or any material benefit or advantage to the Member or his spouse, whether direct or indirect; (e) overseas visits made by the Member or his spouse relating to or arising out of membership of the Council where the cost of any such visit has not been wholly borne by the Member or public funds; (f) any payments or any material benefits or advantages received by the Member or his spouse arising out of his membership of the Council from or on behalf of- (i) any government or organization of a place outside Hong Kong, or (ii) any person who is not a Hong Kong permanent resident; (g) land and property; (h) the names of companies or other bodies in which the Member has, to his knowledge, either himself or with or on behalf of his spouse or infant children, a beneficial interest in shareholdings of a nominal value greater than one-hundredth of the issued share capital. Personal Pecuniary Interest to be Disclosed (1) A Member shall not vote upon any question, whether in the Council or in any committee or subcommittee, in which he has a direct pecuniary interest. (2) A Member shall not move any motion or amendment relating to a matter in which he has a pecuniary interest, whether direct or indirect, or speak on any such matter, whether in the Council or in any committee or subcommittee, without disclosing the nature of that interest. (3) In any debate or proceedings of the Council or any committee or subcommittee at which a Member is present he shall declare any direct pecuniary interests which he has in the matter. (4) A motion to disallow a Member's vote on the ground of his direct pecuniary interest under subrule (1) may be moved without notice by any Member immediately upon the statement of the numbers voting in the division by the President, Chairman of a committee of the whole Council or chairman, but not otherwise. (5) The President, Chairman of a committee of the whole Council or chairman shall have discretion whether or not to propose the question upon such a motion; and in exercising such discretion he shall have regard to the nature of the question upon which the vote was taken and to the consideration whether the interest therein of the Member whose vote is challenged is direct and pecuniary and not an interest in common with the rest of the inhabitants of Hong Kong and whether his vote was given on a matter of state policy. (6) If the question for the disallowance of a Member's vote is proposed, the Member concerned may be heard in his place but he shall then withdraw from the Council, a committee of the whole Council, a committee or subcommittee for the duration of the debate and any vote on the question. (7) If a motion for the disallowance of a Member's vote is agreed to, the President, Chairman of a committee of the whole Council or chairman shall direct the Clerk to the Legislative Council or the clerk to alter the numbers voting in the original division accordingly. Sanctions relating to Interests Any Member who fails to comply with Rule 83 (Registration of Interests) or 84(1), (2) or (3) (Personal Pecuniary Interest to be Disclosed) may be admonished, reprimanded or suspended by the Council on a motion to that effect. Admission of Press and Public Subject to such rules as may from time to time be made by the President, members of the press and of the public shall be admitted as spectators of meetings of the Council. The Clerk shall ensure that such rules are complied with. Disorderly Conduct The President, Chairman of a committee of the whole Council or chairman of a committee or subcommittee may order the removal from a meeting of any member of the press or of the public who behaves, or who appears likely to behave, in a disorderly manner. Withdrawal of Members of the Press and of the Public (1) At a meeting of the Council, a committee of the whole Council, a committee or a subcommittee a Member may without notice at any time rise and move that members of the press and of the public do withdraw, specifying whether the withdrawal is to be for the remainder of that day's meeting or during the consideration of certain business. The President, Chairman or chairman shall forthwith propose the question thereon and the Council, committee of the whole Council, committee or subcommittee shall dispose of it before proceeding further with the business which was before it when the motion was moved. (2) The President or Chairman may at any time order members of the press and of the public to withdraw and the doors of the Council Chamber to be closed. (3) When an order has been made by the Council, committee of the whole Council, committee or subcommittee, or by the President or Chairman under subrule (1) or (2), members of the press and of the public shall forthwith withdraw from the Council Chamber or the committee room in which the committee or subcommittee is meeting, and the Clerk or clerk shall ensure that the order is complied with. Procedure for Obtaining Leave for Member to Attend as Witness in Civil Proceedings (1) For the purpose of obtaining the leave of the Council under section 6(2) of the Legislative Council (Powers and Privileges) Ordinance (Cap 382) in order that a Member may be required to attend as a witness in any civil proceedings on a day when the Council is meeting, the party to the proceedings requiring the Member so to attend on that day shall not later than 21 days before that day submit to the Clerk a written statement of the request and of the reasons why the attendance of the Member is required on that day. (2) The request for leave shall be placed on the Agenda for the meeting next following the receipt thereof by the Clerk and, unless on a motion which may be moved without notice at that meeting by any Member the Council determines that such leave shall be refused, the Council shall be deemed to have ordered that such leave be granted. (3) The Clerk shall give written notice of the decision of the Council to the party by whom the request for leave is made and also to the Member concerned. Procedure for Obtaining Leave to Give Evidence of Council Proceedings (1) For the purpose of obtaining the leave of the Council under section 7 of the Legislative Council (Powers and Privileges) Ordinance (Cap 382) in order that evidence may be given elsewhere in respect of the contents of minutes, records of evidence or any document laid before the Council or a committee or subcommittee, or in respect of any proceedings or examination held before the Council or a committee or subcommittee, the person seeking such leave shall submit to the Clerk a written statement of the request and the reasons therefor and such further information as the Clerk, on the direction of the President, may require in any particular case. (2) The request for leave shall be placed on the Agenda for such meeting as the President may appoint and, unless on a motion which may be moved without notice at that meeting by any Member the Council determines that such leave shall be refused, the Council shall be deemed to have ordered that such leave be granted. (3) The Clerk shall give written notice of the decision of the Council to the person by whom the request for leave is made. (4) Where the leave of the Council referred to in subrule (1) is sought during any recess or adjournment or dissolution of the Council such leave may be given by the President or, if the President is unable to act, by the Member presiding. Suspension of Rules A motion which has the object or effect of suspending a Rule shall not be moved except after notice or with the consent of the President. Procedure if Rules of Procedure do not Provide In any matter not provided for in these Rules of Procedure, the practice and procedure to be followed in the Council shall be such as may be decided by the President who may, if he thinks fit, be guided by the practice and procedure of other legislatures. Interpretation In these Rules of Procedure, unless the context otherwise requires- (a) "Basic Law" means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China; (b) the expression "clear days" excludes the day of the giving of a notice, the day of the relevant meeting and intervening public holidays; (c) "designated public officer" means a public officer designated by the Government of the Hong Kong Special Administrative Region under Article 62(6) of the Basic Law; (d) "Clerk to the Legislative Council" means the Secretary General of the Legislative Council Secretariat appointed under section 15(1) of the Legislative Council Commission Ordinance (Cap 443) and includes the Deputy Secretary General and any Assistant Secretary General of the Legislative Council Secretariat; (e) "committee" means a standing or select committee or any other committee of the Council, or a subcommittee of such committees; and (f) references to printing include references to all mechanical, electrical, electronic and photographic methods of reproducing words in visible form. Long title To make provision for the preparation, publication and periodical revision of a revised edition of the laws of the Colony. [24 December 1965] Short Title Copies of revised edition to be kept for record Bringing of revised edition into operation Complementary matter in revised edition Annual revision of revised edition Additional power to revise Powers and duties of Attorney General Publication of lists of titles of current laws Distribution of revised edition Rectification of errors Construction of references to repealed or amended Ordinances This Ordinance may be cited as the Revised Edition of the Laws Ordinance 1965. Interpretation Expenses of preparation and publication Application In this Ordinance, unless the context otherwise requires- "commissioner" (專員) means the person appointed under section 3; "effective date" (有效日期) means the date specified by the Governor under subsection (1) of section 11 for the coming into operation of the revised edition; "Ordinance" (條例) means- (a) any Ordinance enacted by the Governor with the advice and consent of the Legislative Council and any subsidiary legislation made under or by virtue thereof; and (b) any Proclamation of the British Military Administration and any subsidiary legislation made under or by virtue thereof; "revised edition" (編正版) means the revised edition of the laws of Hong Kong prepared under the authority of section 3; "subsidiary legislation" (附屬法例) means any proclamation, rule, regulation, order, resolution, notice, rule of court, by-law or other instrument made under or by virtue of any Ordinance or Proclamation, as the case may be, and having legislative effect. Appointment of commissioner The Governor may, by notice in the Gazette, appoint a commissioner who shall prepare a revised edition of the laws of Hong Kong. Power of commissioner to omit (1) In the preparation of the revised edition, the commissioner shall have power to omit- (a) all Ordinances, or parts of Ordinances, which have been expressly repealed or which have expired or have become spent or have had their effect; (b) all repealing provisions contained in Ordinances and all tables and lists of repealed Ordinances, whether contained in Schedules or otherwise; (c) all preambles to Ordinances, where such omission can, in the opinion of the commissioner, conveniently be made; (d) all provisions prescribing the date when an Ordinance or part of an Ordinance is to come into operation, where such omission can, in the opinion of the commissioner, conveniently be made; (e) all amending Ordinances or parts thereof, where the amendments effected thereby have been embodied by the commissioner in the Ordinance to which they relate; and (f) all enacting clauses. (2) Any Ordinance or part thereof omitted from the revised edition in exercise of the powers conferred by subsection (1) may be proved by the production of any copy thereof by which the same could have been proved before the effective date. Other powers of commissioner The commissioner shall, in addition to the powers conferredby section 4, have power- (a) to transfer to subsidiary legislation any part of an Ordinance which can more conveniently be included as subsidiary legislation made under that Ordinance or under any other Ordinance; (b) to arrange the grouping and sequence of Ordinances; (c) to make such formal alterations to any Ordinance as are necessary or expedient for the purpose of securing uniformity of expression; (d) to consolidate into one Ordinance any two or more Ordinances or any number of Ordinances in pari materia, making such alterations as are thereby rendered necessary or expedient and affixing such date thereto as may seem most convenient; (e) to divide any Ordinance into two or more Ordinances and to make such amendments, including the supplying of titles, or the alteration of existing titles, as are thereby rendered necessary; (f) to incorporate in any Ordinance any amendment made to any schedule, form or other part by any authority under powers conferred by that Ordinance; (g) to alter the order of sections in any Ordinance; (h) to renumber the sections in any Ordinance in all cases where it may be necessary or expedient so to do; (i) to alter the form or arrangement of any section, by transferring words, by combining it in whole or in part with another section or other sections or by dividing it into two or more subsections; (j) to transfer any provision contained in an Ordinance from such Ordinance to any other Ordinance to which that provision more properly belongs, making such alterations as are thereby rendered necessary or expedient; (k) to divide Ordinances, whether consolidated or not, into parts or divisions; (l) to add a long title or a short title to any Ordinance which may require it or to alter the long title or short title of any Ordinance; (m) to supply or alter tables of contents, chronological tables and notes: Provided that such tables of contents, chronological tables and notes shall not form any part of the Ordinance in which they appear; (n) to correct grammatical, typographical and similar errors in the existing copies of Ordinances, and for that purpose to make verbal additions, omissions, or alterations not affecting the meaning of any Ordinance; (o) to correct cross references; (p) to correct references to repealed Ordinances by replacing such references by references to the substituted Ordinances- for which purpose it is declared that an Ordinanceis deemed to be substituted for another Ordinance where it is expressly stated in the subsequent Ordinance that it is so substituted, or where the subsequent Ordinance reenacts with or without modification any provisions of a repealed Ordinance; (q) to make such formal alterations as to names, localities, departments, offices and officers and otherwise as may be necessary to bring any Ordinances into conformity with the circumstances of the Colony; (r) to make such adaptations of or amendments to any Ordinances as may appear to be necessary or proper as a consequence of any change in the constitution of Her Majesty's dominions; and (s) to do all things relating to form and method which appear to him to be necessary for the perfecting of the revised edition. Mode of dealing with omissions or amendments not authorized by sections 4 and 5 (1) If the commissioner considers it is desirable that in the preparation of the revised edition there should be omissions or amendments other than those authorized by sections 4 and 5, the same, although not in pari materia, may be combined in one or more Ordinances. (2) If such Ordinance or Ordinances are enacted prior to the effective date, then- (a) the commissioner shall, in the preparation of the revised edition, give the like effect to such omissions or amendments as if they had been authorized by section 4 or 5; and (b) if as a result of any such omission or amendment any Ordinance or part thereof has been repealed or has expired or become spent or had its effect, such Ordinance or part shall be omitted from the revised edition. Contents of the revised edition (1) Subject to the provisions of section 4 and subsection (2) of section 6, the revised edition shall include all unrepealed Ordinances enacted before the 1st day of January, 1965, and may contain such Ordinances enacted after such date as the commissioner may think fit to include therein. (2) Each Ordinance shall form a separate Chapter. (3) The Chapter number or the number and year, whichever the commissioner considers appropriate, of the principal Ordinance and of each incorporated Ordinance and the number and year of each amending Ordinance shall be set out as a note at the beginning of each Chapter. (Amended 2 of 1989 s. 2) (4) The commencement of each principal Ordinance shall be set out immediately below the long title. Method of compiling the revised edition The commissioner shall cause the revised edition of every Ordinance to be published in the form of one or more separate booklets each of which shall contain- (a) on the front page thereof the expressions- (i) "Laws of Hong Kong"; and (ii) "Revised Edition 1964, Printed and Published by the Government Printer, Hong Kong"; and (b) at the top of every subsequent page of each such booklet the expression "1964 Ed.". Binding of booklets (1) The commissioner shall cause the various booklets which have been compiled for the purposes of section 8 to be contained together in such number of volumes as he considers convenient. (2) A booklet shall be bound in such manner as will enable it to be easily removed from and replaced in a volume. Copies of revised edition to be kept for record (1) The commissioner shall cause three complete sets of the booklets which have been compiled for the purposes of section 8 to be bound together in volumes in a permanent manner. (2) The title page of each volume of booklets so bound shall be sealed with the Public Seal of the Colony and one copy of each volume shall be transmitted to the Chief Secretary, one copy of each volume to the Attorney General and one copy of each volume to the Registrar of the Supreme Court, and shall be retained by them for record purposes. (Amended L.N. 226 of 1976) Bringing of revised edition into operation (1) The Governor may, by Proclamation, approve the revised edition* and order that the revised edition shall come into operation on such date as he may specify in such Proclamation. (2) From the effective date the revised edition shall be deemed to be and shall be without any question whatsoever in all courts of justice and for all purposes whatsoever the sole and only proper laws of the Colony in respect of all Ordinances contained therein. Complementary matter in revised edition (1) The revised edition may also contain a reprint of such imperial enactments, treaties and conventions and such indices, notes and references as the commissioner considers useful to include. (2) When any imperial enactment, treaty or convention is reprinted in pursuance of subsection (1), the provisions of the imperial enactment, treaty or convention may be reproduced with such amendments as may have been made thereto, and where any imperial enactment, treaty or convention has been applied or extended to the Colony with modifications the provisions of that imperial enactment, treaty or convention may be reproduced with those modifications: Provided that every departure from the original text of the imperial enactment, treaty or convention shall be clearly shown by notes, references or other similar means. (3) The commissioner may also cause the reprint referred to in subsection (1) to be published in such number of separate booklets, in the manner prescribed by section 8, or in such other form as he considers convenient. Annual revision of revised edition (1) As soon as practicable after the first day of January in every year the Attorney General shall, subject to subsection (2), cause to be published- (a) in the form of a separate booklet, a new revised edition of any Ordinance which has been amended during the period of twelve months ending on the preceding thirty-first day of December; (b) in the form of a separate booklet, any new Ordinance enacted during the said period, other than Ordinances the sole or substantial effect of which was to amend other Ordinances; (c) in the form of a booklet, either separately or together with any other such enactment or instrument, a new revised edition of any imperial enactment, treaty or convention already included in the revised edition which has been amended during the said period; (d) booklets containing such imperial enactments, treaties or conventions enacted, made or agreed to during the said period as he considers may usefully be published; and (e) a new table of contents and index to the revised edition, a chronological list of Ordinances, a list of appointments and a list of the latest edition of each booklet containing an Ordinance and included in the revised edition. (2) The Attorney General shall not be required by subsection (1) to prepare and publish a booklet containing a new revised edition of any Ordinance, imperial enactment, treaty or convention which has been amended if he considers that the amendments are not sufficiently extensive to justify the preparation and publication thereof, but he shall cause a separate booklet of minor amendments to be prepared and published in which all such amendments shall be contained. (3) Without prejudice to subsection (1), the Attorney General may, as soon as practicable after the first day of January in every year, cause to be published, in the form of a separate booklet- (a) a new revised edition of any Ordinance which has not been amended during the period of twelve months ending on the preceding thirty-first day of December; (b) a new revised edition- (i) of all subsidiary legislation made under or by virtue of any Ordinance, or (ii) of any single piece of that subsidiary legislation, whether or not any such legislation has been amended during the period of 12 months ending on the preceding thirty-first day of December. (Replaced 25 of 1974 s. 2) (4) Where the Attorney General is of the opinion that it is desirable that corrections, alterations or adaptations shall be made to any Ordinance but that such corrections, alterations or adaptations are not sufficiently extensive to justify the preparation and publication of a new revised edition of such Ordinance, he may, in relation to such Ordinance, exercise any of the powers contained in paragraphs (n), (o), (p), (q) and (r) of section 5 and include any corrections, alterations or adaptations occasioned thereby in the booklet of minor amendments prepared and published under subsection (2). Powers and duties of Attorney General (1) For the purposes of sections 13 and 14, the Attorney General may exercise and perform, mutatis mutandis, the powers and duties conferred or imposed by this Ordinance upon the commissioner. (Amended L.N. 262 of 1985) (2) In any booklet published pursuant to section 13 or 14, the law shall be as it was on the preceding thirty-first day of December and shall contain at the beginning thereof the year of that thirty- first day of December. (3) Where a new revised edition of subsidiary legislation made under or by virtue of an Ordinance is published in a separate booklet under section 13(3)(b) or under section 14(2)(c), such booklet shall be part of the Chapter of the Ordinance under or by virtue of which that subsidiary legislation is made. (Replaced 25 of 1974 s. 3) (4) The Attorney General shall transmit to the Governor a copy of every booklet published under section 13 or 14 and with effect from such date as the Governor may specify by notice in the Gazette any such booklet shall be without any question whatsoever in all courts of justice and for all purposes whatsoever the sole and only proper law of the Colony in respect of that Ordinance, or in the case of a booklet containing subsidiary legislation only, that subsidiary legislation. Publication of lists of titles of current laws The Attorney General shall, as soon as practicable after any date specified in any notice published under subsection (4) of section 15, cause to be published in the Gazette a list of the titles of all Ordinances in force in Hong Kong and the year of the last published edition thereof. Distribution of revised edition (1) Copies of the revised edition compiled in the manner provided by section 8 and of any booklet published under section 13 or 14 shall be distributed without charge to such persons, officers, departments and institutions as the Governor may direct. (Amended 72 of 1971 s. 3) (2) There shall be offered to the public such number of copies so compiled and booklets so prepared at such price as the Governor may direct. (3) Any person may, on payment of such fee as the Governor may direct, become entitled to receive a copy of each booklet published under section 13 or 14 and issued in any one year. (Amended 72 of 1971 s. 3) (4) The Government Printer shall, on the application of a subscriber, supply him with all the booklets to which he is entitled. Rectification of errors (1) The Attorney General may, by order published in the Gazette, rectify any clerical or printing error appearing in the revised edition or in any booklet published under section 13 or 14, or rectify in a manner not inconsistent with the powers of revision conferred by this Ordinance any other error so appearing. (2) Every order made under this section shall be laid on the table of the Legislative Council without unreasonable delay, and, if a resolution is passed at the first sitting of the Legislative Council held not less than 27 days after the sitting at which the order is so laid that the order be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder, or to the making of a new order. (3) In this section, "sitting" (會議), when used to calculate time, means the day on which the sitting commences and only includes a sitting at which subsidiary legislation is included on the order paper. (Added 89 of 1993 s. 37) Construction of references to repealed or amended Ordinances Whenever in any Ordinance, or in any document of whatever kind, any reference is made to any provision of any Ordinance affected by or under the operation of this Ordinance, the reference shall, where necessary and practicable, be construed as a reference to the corresponding provision in the revised edition or in any booklet published under section 13 or 14. Expenses of preparation and publication The Governor may, by warrant addressed to the Director of Accounting Services, direct the payment of all expenses of and incidental to the preparation, publication, distribution and sale of the revised edition and of booklets published under section 13 or 14. Application (1) Section 13 shall, after this section comes into operation,be read as though the references therein to "every year" were references to "1990". (2) Section 13(2) does not apply in respect of any amendment enacted or coming into operation after 31 December 1989. Long title To provide for the publication of an edition in loose-leaf form of the Laws of Hong Kong. [13 July 1990] Short title and commencement (1) This Ordinance may be cited as the Laws (Loose-leaf Publication) Ordinance 1990. (2) Section 6 shall come into operation on a day to be appointed by the Governor by notice in the Gazette. Publication of Ordinances, etc. in a loose-leaf edition (1) The Attorney General may cause to be published any Ordinance or other legislation which applies in Hong Kong in an edition in loose-leaf form (the "loose-leaf edition" ( )) and may from time to time cause to be published new or replacement pages for the loose-leaf edition to keep it correct and up to date. (2) The Attorney General may in the loose-leaf edition- (a) arrange the grouping and sequence of legislation; (b) give a chapter number to each Ordinance, alter the short title or citation thereof and alter accordingly any provision of any Ordinance in which such short title or citation appears; and (c) omit any enacting, expired or spent provision from any Ordinance. (3) The Attorney General may cause to be published any Ordinance, as published in the loose-leaf edition, in the form of a separate booklet. (4) The Attorney General may include in the loose-leaf edition and in any booklet such notes, indexes and other information as he considers useful. (5) In the loose-leaf edition and in every booklet each page shall include the statement "Authorized Loose-leaf Edition, Printed and Published by the Government Printer, Hong Kong". (6) Material included in the loose-leaf edition or in a booklet pursuant to subsection (4) and the statement included therein as required by subsection (5) are not part of any Ordinance or other legislation. (7) Where under subsection (2)(b) a short title or citation is altered, each Ordinance affected is thereby amended accordingly. Status of loose-leaf and booklets Where any provision of an Ordinance appears in a page or booklet which purports to be published under the authority of the Government of Hong Kong pursuant to this Ordinance, then unless the contrary is proved- (a) the page or booklet shall be deemed to be so published; and (b) the provision as so appearing shall be deemed to be correct. Reprint of Ordinances Section 99 is repealed. SINO-BRITISH JOINT LIAISON GROUP ANNEX II: SINO-BRITISH JOINT LIAISON GROUP 1. In furtherance of their common aim and in order to ensure a smooth transfer of government in 1997, the Government of the United Kingdom and the Government of the People's Republic of China have agreed to continue their discussions in a friendly spirit and to develop the co-operative relationship which already exists between the two Governments over Hong Kong with a view to the effective implementation of the Joint Declaration. 2. In order to meet the requirements for liaison, consultation and the exchange of information, the two Governments have agreed to set up a Joint Liaison Group. 3. The functions of the Joint Liaison Group shall be: (a) to conduct consultations on the implementation of the Joint Declaration; (b) to discuss matters relating to the smooth transfer of government in 1997; (c) to exchange information and conduct consultations on such subjects as may be agreed by the two sides. Matters on which there is disagreement in the Joint Liaison Group shall be referred to the two Governments for solution through consultations. 4. Matters for consideration during the first half of the period between the establishment of the Joint Liaison Group and 1 July 1997 shall include: (a) action to be taken by the two Governments to enable the Hong Kong Special Administrative Region to maintain its economic relations as a separate customs territory, and in particular to ensure the maintenance of Hong Kong's participation in the General Agreement on Tariffs and Trade, the Multifibre Arrangement and other international arrangements; and (b) action to be taken by the two Governments to ensure the continued application of international rights and obligations affecting Hong Kong. 5. The two Governments have agreed that in the second half of the period between the establishment of the Joint Liaison Group and 1 July 1997 there will be need for closer co-operation, which will therefore be intensified during that period. Matters for consideration during this second period shall include: (a) procedures to be adopted for the smooth transition in 1997; (b) action to assist the Hong Kong Special Administrative Region to maintain and develop economic and cultural relations and conclude agreements on these matters with states, regions and relevant international organisations. 6. The Joint Liaison Group shall be an organ for liaison and not an organ of power. It shall play no part in the administration of Hong Kong or the Hong Kong Special Administrative Region. Nor shall it have any supervisory role over that administration. The members and supporting staff of the Joint Liaison Group shall only conduct activities within the scope of the functions of the Joint Liaison Group. 7. Each side shall designate a senior representative, who shall be of Ambassadorial rank, and four other members of the group. Each side may send up to 20 supporting staff. 8. The Joint Liaison Group shall be established on the entry into force of the Joint Declaration. From 1 July 1988 the Joint Liaison Group shall have its principal base in Hong Kong. The Joint Liaison Group shall continue its work until 1 January 2000. 9. The Joint Liaison Group shall meet in Beijing, London and Hong Kong. It shall meet at least once in each of the three locations in each year. The venue for each meeting shall be agreed between the two sides. 10. Members of the Joint Liaison Group shall enjoy diplomatic privileges and immunities as appropriate when in the three locations. Proceedings of the Joint Liaison Group shall remain confidential unless otherwise agreed between the two sides. 11. The Joint Liaison Group may by agreement between the two sides decide to set up specialist sub-groups to deal with particular subjects requiring expert assistance. 12. Meetings of the Joint Liaison Group and sub-groups may be attended by experts other than the members of the Joint Liaison Group. Each side shall determine the composition of its delegation to particular meetings of the Joint Liaison Group or sub-group in accordance with the subjects to be discussed and the venue chosen. 13. The working procedures of the Joint Liaison Group shall be discussed and decided upon by the two sides within the guidelines laid down in this Annex. LAND LEASES ANNEX III: LAND LEASES The Government of the United Kingdom and the Government of the People's Republic of China have agreed that, with effect from the entry into force of the Joint Declaration, land leases in Hong Kong and other related matters shall be dealt with in accordance with the following provisions: 1. All leases of land granted or decided upon before the entry into force of the Joint Declaration and those granted thereafter in accordance with paragraph 2 or 3 of this Annex, and which extend beyond 30 June 1997, and all rights in relation to such leases shall continue to be recognised and protected under the law of the Hong Kong Special Administrative Region. 2. All leases of land granted by the British Hong Kong Government not containing a right of renewal that expire before 30 June 1997, except short term tenancies and leases for special purposes, may be extended if the lessee so wishes for a period expiring not later than 30 June 2047 without payment of an additional premium. An annual rent shall be charged from the date of extension equivalent to 3 per cent of the rateable value of the property at that date, adjusted in step with any changes in the rateable value thereafter. In the case of old schedule lots, village lots, small houses and similar rural holdings, where the property was on 30 June 1984 held by, or, in the case of small houses granted after that date, the property is granted to, a person descended through the male line from a person who was in 1898 a resident of an established village in Hong Kong, the rent shall remain unchanged so long as the property is held by that person or by one of his lawful successors in the male line. Where leases of land not having a right of renewal expire after 30 June 1997, they shall be dealt with in accordance with the relevant land laws and policies of the Hong Kong Special Administrative Region. 3. From the entry into force of the Joint Declaration until 30 June 1997, new leases of land may be granted by the British Hong Kong Government for terms expiring not later than 30 June 2047. Such leases shall be granted at a premium and nominal rental until 30 June 1997, after which date they shall not require payment of an additional premium but an annual rent equivalent to 3 per cent of the rateable value of the property at that date, adjusted in step with changes in the rateable value thereafter, shall be charged. 4. The total amount of new land to be granted under paragraph 3 of this Annex shall be limited to 50 hectares a year (excluding land to be granted to the Hong Kong Housing Authority for public rental housing) from the entry into force of the Joint Declaration until 30 June 1997. 5. Modifications of the conditions specified in leases granted by the British Hong Kong Government may continue to be granted before 1 July 1997 at a premium equivalent to the difference between the value of the land under the previous conditions and its value under the modified conditions. 6. From the entry into force of the Joint Declaration until 30 June 1997, premium income obtained by the British Hong Kong Government from land transactions shall, after deduction of the average cost of land production, be shared equally between the British Hong Kong Government and the future Hong Kong Special Administrative Region Government. All the income obtained by the British Hong Kong Government, including the amount of the above mentioned deduction, shall be put into the Capital Works Reserve Fund for the financing of land development and public works in Hong Kong. The Hong Kong Special Administrative Region Government's share of the premium income shall be deposited in banks incorporated in Hong Kong and shall not be drawn on except for the financing of land development and public works in Hong Kong in accordance with the provisions of paragraph 7(d) of this Annex. 7. A Land Commission shall be established in Hong Kong immediately upon the entry into force of the Joint Declaration. The Land Commission shall be composed of an equal number of officials designated respectively by the Government of the United Kingdom and the Government of the People's Republic of China together with necessary supporting staff. The officials of the two sides shall be responsible to their respective governments. The Land Commission shall be dissolved on 30 June 1997. The terms of reference of the Land Commission shall be: (a) to conduct consultations on the implementation of this Annex; (b) to monitor observance of the limit specified in paragraph 4 of this Annex, the amount of land granted to the Hong Kong Housing Authority for public rental housing, and the division and use of premium income referred to in paragraph 6 of this Annex; (c) to consider and decide on proposals from the British Hong Kong Government for increasing the limit referred to in paragraph 4 of this Annex; (d) to examine proposals for drawing on the Hong Kong Special Administrative Region Government's share of premium income referred to in paragraph 6 of this Annex and to make recommendations to the Chinese side for decision. Matters on which there is disagreement in the Land Commission shall be referred to the Government of the United Kingdom and the Government of the People's Republic of China for decision. 8. Specific details regarding the establishment of the Land Commission shall be finalised separately by the two sides through consultations. Note: On 19 December 1984, the following Memoranda were exchanged between the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland- "EXCHANGE OF MEMORANDA UNITED KINGDOM MEMORANDUM In connection with the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the question of Hong Kong to be signed this day, the Government of the United Kingdom declares that, subject to the completion of the necessary amendments to the relevant United Kingdom legislation: (a) All persons who on 30 June 1997 are, by virtue of a connection with Hong Kong, British Dependent Territories citizens (BDTCs) under the law in force in the United Kingdom will cease to be BDTCs with effect from 1 July 1997, but will be eligible to retain an appropriate status which, without conferring the right of abode in the United Kingdom, will entitle them to continue to use passports issued by the Government of the United Kingdom. This status will be acquired by such persons only if they hold or are included in such a British passport issued before 1 July 1997, except that eligible persons born on passport up to 31 December 1997. (b) No person will acquire BDTC status on or after 1 July 1997 by virtue of a connection with Hong Kong. No person born on or after 1 July 1997 will acquire the status referred to as being appropriate in sub-paragraph (a). (c) United Kingdom consular officials in the Hong Kong Special Administrative Region and elsewhere may renew and replace passports of persons mentioned in sub-paragraph (a) and may also issue them to persons, born before 1 July 1997 of such persons, who had previously been included in the passport of their parent. (d) Those who have obtained or been included in passports issued by the Government of the United Kingdom under sub-paragraphs (a) and (c) will be entitled to receive, upon request, British consular services and protection when in third countries. Beijing, 19 December 1984. CHINESE MEMORANDUM The Government of the People's Republic of China has received the memorandum from the Government of the United Kingdom of Great Britain and Northern Ireland Dated 19 December 1984. Under the Nationality Law of the People's Republic of China, all Hong Kong Chinese compatriots, whether they are holders of the "British Dependent Territories citizens' Passport" or not, are Chinese nationals. Taking account of the historical background of Hong Kong and its realities, the competent authorities of the Government of the People's Republic of China will, with effect from 1 July 1997, permit Chinese nationals in Hong Kong who were previously called "British Dependent Territories citizens" to use travel documents issued by the Government of the United Kingdom for the purpose of travelling to other states and regions. The above Chinese nationals will not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above-mentioned British travel documents. Beijing, 19 December 1984". Article 1 Article 10 Article 100 Article 101 Article 102 Article 103 Article 104 Article 105 Article 106 Article 107 Article 108 Article 109 Article 11 Article 110 Article 111 Article 112 Article 113 Article 114 Article 115 Article 116 Article 117 Article 118 Article 119 Article 12 Article 120 Article 121 Article 122 Article 123 Article 124 Article 125 Article 126 Article 127 Article 128 Article 129 Article 13 Article 130 Article 131 Article 132 Article 133 Article 134 Article 135 Article 136 Article 137 Article 138 Article 139 Article 14 Article 140 Article 141 Article 142 Article 143 Article 144 Article 145 Article 146 Article 147 Article 148 Article 149 Article 15 Article 150 Article 151 Article 152 Article 153 Article 154 Article 155 Article 156 Article 157 Article 158 Article 159 Article 16 Article 160 Article 17 Article 18 Article 19 Chapter I General Principles Article 1 The Hong Kong Special Administrative Region is an inalienable part of the People's Republic of China. Article 2 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 2 The National People's Congress authorizes the Hong Kong Special Administrative Region to exercise a high degree of autonomy and enjoy executive, legislative and independent judicial power, including that of final adjudication, in accordance with the provisions of this Law. Article 3 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Article 39 Article 3 The executive authorities and legislature of the Hong Kong Special Administrative Region shall be composed of permanent residents of Hong Kong in accordance with the relevant provisions of this Law. Article 4 Article 40 Article 41 Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 4 The Hong Kong Special Administrative Region shall safeguard the rights and freedoms of the residents of the Hong Kong Special Administrative Region and of other persons in the Region in accordance with Law. Article 5 Article 50 Article 51 Article 52 Article 53 Article 54 Article 55 Article 56 Article 57 Article 58 Article 59 Article 5 The socialist system and policies shall not be practised in the Hong Kong Special Administrative Region, and the previous capitalist system and way of life shall remain unchanged for 50 years. Article 6 Article 60 Article 61 Article 62 Article 63 Article 64 Article 65 Article 66 Article 67 Article 68 Article 69 Article 6 The Hong Kong Special Administrative Region shall protect the right of private ownership of property in accordance with law. Article 7 Article 70 Article 71 Article 72 Article 73 Article 74 Article 75 Article 76 Article 77 Article 78 Article 79 Article 7 The land and natural resources within the Hong Kong Special Administrative Region shall be State property. The Government of the Hong Kong Special Administrative Region shall be responsible for their management, use and development and for their lease or grant to individuals, legal persons or organizations for use or development. The revenues derived therefrom shall be exclusively at the disposal of the government of the Region. Article 8 Article 80 Article 81 Article 82 Article 83 Article 84 Article 85 Article 86 Article 87 Article 88 Article 89 Article 8 The laws previously in force in Hong Kong, that is, the common law, rules of equity, ordinances, subordinate legislation and customary law shall be maintained, except for any that contravene this Law, and subject to any amendment by the legislature of the Hong Kong Special Administrative Region. Article 9 Article 90 Article 91 Article 92 Article 93 Article 94 Article 95 Article 96 Article 97 Article 98 Article 99 Article 9 In addition to the Chinese language, English may also be used as an official language by the executive authorities, legislature and judiciary of the Hong Kong Special Administrative Region. Article 10 Article 100 Article 101 Article 102 Article 103 Article 104 Article 105 Article 106 Article 107 Article 108 Article 109 Article 10 Apart from displaying the national flag and national emblem of the People's Republic of China, the Hong Kong Special Administrative Region may also use a regional flag and regional emblem. The regional flag of the Hong Kong Special Administrative Region is a red flag with a bauhinia highlighted by five star-tipped stamens. The regional emblem of the Hong Kong Special Administrative Region is a bauhinia in the centre highlighted by five star-tipped stamens and encircled by the words "Hong Kong Special Administrative Region of the People's Republic of China" in Chinese and "HONG KONG" in English. Article 11 Article 110 Article 111 Article 112 Article 113 Article 114 Article 115 Article 116 Article 117 Article 118 Article 119 Article 11 In accordance with Article 31 of the Constitution of the People's Republic of China, the systems and policies practised in the Hong Kong Special Administrative Region, including the social and economic systems, the system for safeguarding the fundamental rights and freedoms of its residents, the executive, legislative and judicial systems, and the relevant policies, shall be based on the provisions of this Law. No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law. Article 13 Article 130 Article 131 Article 132 Article 133 Article 134 Article 135 Article 136 Article 137 Article 138 Article 139 Article 13 The Central People's Government shall be responsible for the foreign affairs relating to the Hong Kong Special Administrative Region. The Ministry of Foreign Affairs of the People's Republic of China shall establish an office in Hong Kong to deal with foreign affairs. The Central People's Government authorizes the Hong Kong Special Administrative Region to conduct relevant external affairs on its own in accordance with this Law. Article 14 Article 140 Article 141 Article 142 Article 143 Article 144 Article 145 Article 146 Article 147 Article 148 Article 149 Article 14 The Central People's Government shall be responsible for the defence of the Hong Kong Special Administrative Region. The Government of the Hong Kong Special Administrative Region shall be responsible for the maintenance of public order in the Region. Military forces stationed by the Central People's Government in the Hong Kong Special Administrative Region for defence shall not interfere in the local affairs of the Region. The Government of the Hong Kong Special Administrative Region may, when necessary, ask the Central People's Government for assistance from the garrison in the maintenance of public order and in disaster relief. In addition to abiding by national laws, members of the garrison shall abide by the laws of the Hong Kong Special Administrative Region. Expenditure for the garrison shall be borne by the Central People's Government. Article 15 Article 150 Article 151 Article 152 Article 153 Article 154 Article 155 Article 156 Article 157 Article 158 Article 159 Article 15 The Central People's Government shall appoint the Chief Executive and the principal officials of the executive authorities of the Hong Kong Special Administrative Region in accordance with the provisions of Chapter IV of this Law. Article 16 Article 160 Article 16 The Hong Kong Special Administrative Region shall be vested with executive power. It shall, on its own, conduct the administrative affairs of the Region in accordance with the relevant provisions of this Law. Article 17 Article 17 The Hong Kong Special Administrative Region shall be vested with legislative power. Laws enacted by the legislature of the Hong Kong Special Administrative Region must be reported to the Standing Committee of the National People's Congress for the record. The reporting for record shall not affect the entry into force of such laws. If the Standing Committee of the National People's Congress, after consulting the Committee for the Basic Law of the Hong Kong Special Administrative Region under it, considers that any law enacted by the legislature of the Region is not in conformity with the provisions of this Law regarding affairs within the responsibility of the Central Authorities or regarding the relationship between the Central Authorities and the Region, the Standing Committee may return the law in question but shall not amend it. Any law returned by the Standing Committee of the National People's Congress shall immediately be invalidated. This invalidation shall not have retroactive effect, unless otherwise provided for in the laws of the Region. Article 18 Article 18 The laws in force in the Hong Kong Special Administrative Region shall be this Law, the laws previously in force in Hong Kong as provided for in Article 8 of this Law, and the laws enacted by the legislature of the Region. National laws shall not be applied in the Hong Kong Special Administrative Region except for those listed in Annex III to this Law. The laws listed therein shall be applied locally by way of promulgation or legislation by the Region. The Standing Committee of the National People's Congress may add to or delete from the list of laws in Annex III after consulting its Committee for the Basic Law of the Hong Kong Special Administrative Region and the government of the Region. Laws listed in Annex III to this Law shall be confined to those relating to defence and foreign affairs as well as other matters outside the limits of the autonomy of the Region as specified by this Law. In the event that the Standing Committee of the National People's Congress decides to declare a state of war or, by reason of turmoil within the Hong Kong Special Administrative Region which endangers national unity or security and is beyond the control of the government of the Region, decides that the Region is in a state of emergency, the Central People's Government may issue an order applying the relevant national laws in the Region. Article 19 Article 19 The Hong Kong Special Administrative Region shall be vested with independent judicial power, including that of final adjudication. The courts of the Hong Kong Special Administrative Region shall have jurisdiction over all cases in the Region, except that the restrictions on their jurisdiction imposed by the legal system and principles previously in force in Hong Kong shall be maintained. The courts of the Hong Kong Special Administrative Region shall have no jurisdiction over acts of state such as defence and foreign affairs. The courts of the Region shall obtain a certificate from the Chief Executive on questions of fact concerning acts of state such as defence and foreign affairs whenever such questions arise in the adjudication of cases. This certificate shall be binding on the courts. Before issuing such a certificate, the Chief Executive shall obtain a certifying document from the Central People's Government. Article 20 Article 20 The Hong Kong Special Administrative Region may enjoy other powers granted to it by the National People's Congress, the Standing Committee of the National People's Congress or the Central People's Government. Article 21 Article 21 Chinese citizens who are residents of the Hong Kong Special Administrative Region shall be entitled to participate in the management of state affairs according to law. In accordance with the assigned number of seats and the selection method specified by the National People's Congress, the Chinese citizens among the residents of the Hong Kong Special Administrative Region shall locally elect deputies of the Region to the National People's Congress to participate in the work of the highest organ of state power. Article 22 Article 22 No department of the Central People's Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law. If there is a need for departments of the Central Government, or for provinces, autonomous regions, or municipalities directly under the Central Government to set up offices in the Hong Kong Special Administrative Region, they must obtain the consent of the government of the Region and the approval of the Central People's Government. All offices set up in the Hong Kong Special Administrative Region by departments of the Central Government, or by provinces, autonomous regions, or municipalities directly under the Central Government, and the personnel of these offices shall abide by the laws of the Region. For entry into the Hong Kong Special Administrative Region, people from other parts of China must apply for approval. Among them, the number of persons who enter the Region for the purpose of settlement shall be determined by the competent authorities of the Central People's Government after consulting the government of the Region. The Hong Kong Special Administrative Region may establish an office in Beijing. Article 23 Article 23 The Hong Kong Special Administrative Region shall enact laws on its own to prohibit any act of treason, secession, sedition, subversion against the Central People's Government, or theft of state secrets, to prohibit foreign political organizations or bodies from conducting political activities in the Region, and to prohibit political organizations or bodies of the Region from establishing ties with foreign political organizations or bodies. Article 24 Chapter III Fundamental Rights and Duties of the Residents Article 24 Residents of the Hong Kong Special Administrative Region ("Hong Kong residents") shall include permanent residents and non-permanent residents. The permanent residents of the Hong Kong Special Administrative Region shall be: (1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region; (2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong Special Administrative Region; (3) Persons of Chinese nationality born outside Hong Kong of those residents listed in categories (1) and (2); (4) Persons not of Chinese nationality who have entered Hong Kong with valid travel documents, have ordinarily resided in Hong Kong for a continuous period of not less than seven years and have taken Hong Kong as their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region; (5) Persons under 21 years of age born in Hong Kong of those residents listed in category (4) before or after the establishment of the Hong Kong Special Administrative Region; and (6) Persons other than those residents listed in categories (1) to (5), who, before the establishment of the Hong Kong Special Administrative Region, had the right of abode in Hong Kong only. The above-mentioned residents shall have the right of abode in the Hong Kong Special Administrative Region and shall be qualified to obtain, in accordance with the laws of the Region, permanent identity cards which state their right of abode. The non-permanent residents of the Hong Kong Special Administrative Region shall be persons who are qualified to obtain Hong Kong identity cards in accordance with the laws of the Region but have no right of abode. Article 25 Article 25 All Hong Kong residents shall be equal before the law. Article 26 Article 26 Permanent residents of the Hong Kong Special Administrative Region shall have the right to vote and the right to stand for election in accordance with law. Article 27 Article 27 Hong Kong residents shall have freedom of speech, of the press and of publication; freedom of association, of assembly, of procession and of demonstration; and the right and freedom to form and join trade unions, and to strike. Article 28 Article 28 The freedom of the person of Hong Kong residents shall be inviolable. No Hong Kong resident shall be subjected to arbitrary or unlawful arrest, detention or imprisonment. Arbitrary or unlawful search of the body of any resident or deprivation or restriction of the freedom of the person shall be prohibited. Torture of any resident or arbitrary or unlawful deprivation of the life of any resident shall be prohibited. Article 29 Article 29 The homes and other premises of Hong Kong residents shall be inviolable. Arbitrary or unlawful search of, or intrusion into, a resident's home or other premises shall be prohibited. Article 30 Article 30 The freedom and privacy of communication of Hong Kong residents shall be protected by law. No department or individual may, on any grounds, infringe upon the freedom and privacy of communication of residents except that the relevant authorities may inspect communication in accordance with legal procedures to meet the needs of public security or of investigation into criminal offences. Article 31 Article 31 Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of emigration to other countries and regions. They shall have freedom to travel and to enter or leave the Region. Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special authorization. Article 32 Article 32 Hong Kong residents shall have freedom of conscience. Hong Kong residents shall have freedom of religious belief and freedom to preach and to conduct and participate in religious activities in public. Article 33 Article 33 Hong Kong residents shall have freedom of choice of occupation. Article 34 Article 34 Hong Kong residents shall have freedom to engage in academic research, literary and artistic creation, and other cultural activities. Article 35 Article 35 Hong Kong residents shall have the right to confidential legal advice, access to the courts, choice of lawyers for timely protection of their lawful rights and interests or for representation in the courts, and to judicial remedies. Hong Kong residents shall have the right to institute legal proceedings in the courts against the acts of the executive authorities and their personnel. Article 36 Article 36 Hong Kong residents shall have the right to social welfare in accordance with law. The welfare benefits and retirement security of the labour force shall be protected by law. Article 37 Article 37 The freedom of marriage of Hong Kong residents and their right to raise a family freely shall be protected by law. Article 38 Article 38 Hong Kong residents shall enjoy the other rights and freedoms safeguarded by the laws of the Hong Kong Special Administrative Region. Article 39 Article 39 The provisions of the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and international labour conventions as applied to Hong Kong shall remain in force and shall be implemented through the laws of the Hong Kong Special Administrative Region. The rights and freedoms enjoyed by Hong Kong residents shall not be restricted unless as prescribed by law. Such restrictions shall not contravene the provisions of the preceding paragraph of this Article. Article 40 Article 40 The lawful traditional rights and interests of the indigenous inhabitants of the "New Territories" shall be protected by the Hong Kong Special Administrative Region. Article 41 Article 41 Persons in the Hong Kong Special Administrative Region other than Hong Kong residents shall, in accordance with law, enjoy the rights and freedoms of Hong Kong residents prescribed in this Chapter. Article 42 Article 42 Hong Kong residents and other persons in Hong Kong shall have the obligation to abide by the laws in force in the Hong Kong Special Administrative Region. Article 43 Chapter IV Political Structure Section 1 The Chief Executive Article 43 The Chief Executive of the Hong Kong Special Administrative Region shall be the head of the Hong Kong Special Administrative Region and shall represent the Region. The Chief Executive of the Hong Kong Special Administrative Region shall be accountable to the Central People's Government and the Hong Kong Special Administrative Region in accordance with the provisions of this Law. Article 44 Article 44 The Chief Executive of the Hong Kong Special Administrative Region shall be a Chinese citizen of not less than 40 years of age who is a permanent resident of the Region with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years. Article 45 Article 45 The Chief Executive of the Hong Kong Special Administrative Region shall be selected by election or through consultations held locally and be appointed by the Central People's Government. The method for selecting the Chief Executive shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures. The specific method for selecting the Chief Executive is prescribed in Annex I "Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region". Article 46 Article 46 The term of office of the Chief Executive of the Hong Kong Special Administrative Region shall be five years. He or she may serve for not more than two consecutive terms. Article 47 Article 47 The Chief Executive of the Hong Kong Special Administrative Region must be a person of integrity, dedicated to his or her duties. The Chief Executive, on assuming office, shall declare his or her assets to the Chief Justice of the Court of Final Appeal of the Hong Kong Special Administrative Region. This declaration shall be put on record. Article 48 Article 48 The Chief Executive of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To lead the government of the Region; (2) To be responsible for the implementation of this Law and other laws which, in accordance with this Law, apply in the Hong Kong Special Administrative Region; (3) To sign bills passed by the Legislative Council and to promulgate laws; To sign budgets passed by the Legislative Council and report the budgets and final accounts to the Central People's Government for the record; (4) To decide on government policies and to issue executive orders; (5) To nominate and to report to the Central People's Government for appointment the following principal officials: Secretaries and Deputy Secretaries of Departments, Directors of Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise; and to recommend to the Central People's Government the removal of the above-mentioned officials; (6) To appoint or remove judges of the courts at all levels in accordance with legal procedures; (7) To appoint or remove holders of public office in accordance with legal procedures; (8) To implement the directives issued by the Central People's Government in respect of the relevant matters provided for in this Law; (9) To conduct, on behalf of the Government of the Hong Kong Special Administrative Region, external affairs and other affairs as authorized by the Central Authorities; (10) To approve the introduction of motions regarding revenues or expenditure to the Legislative Council; (11) To decide, in the light of security and vital public interests, whether government officials or other personnel in charge of government affairs should testify or give evidence before the Legislative Council or its committees; (12) To pardon persons convicted of criminal offences or commute their penalties; and (13) To handle petitions and complaints. Article 49 Article 49 If the Chief Executive of the Hong Kong Special Administrative Region considers that a bill passed by the Legislative Council is not compatible with the overall interests of the Region, he or she may return it to the Legislative Council within three months for reconsideration. If the Legislative Council passes the original bill again by not less than a two-thirds majority of all the members, the Chief Executive must sign and promulgate it within one month, or act in accordance with the provisions of Article 50 of this Law. Article 50 Article 50 If the Chief Executive of the Hong Kong Special Administrative Region refuses to sign a bill passed the second time by the Legislative Council, or the Legislative Council refuses to pass a budget or any other important bill introduced by the government, and if consensus still cannot be reached after consultations, the Chief Executive may dissolve the Legislative Council. The Chief Executive must consult the Executive Council before dissolving the Legislative Council. The Chief Executive may dissolve the Legislative Council only once in each term of his or her office. Article 51 Article 51 If the Legislative Council of the Hong Kong Special Administrative Region refuses to pass the budget introduced by the government, the Chief Executive may apply to the Legislative Council for provisional appropriations. If appropriation of public funds cannot be approved because the Legislative Council has already been dissolved, the Chief Executive may, prior to the election of the new Legislative Council, approve provisional short-term appropriations according to the level of expenditure of the previous fiscal year. Article 52 Article 52 The Chief Executive of the Hong Kong Special Administrative Region must resign under any of the following circumstances: (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons; (2) When, after the Legislative Council is dissolved because he or she twice refuses to sign a bill passed by it, the new Legislative Council again passes by a two-thirds majority of all the members the original bill in dispute, but he or she still refuses to sign it; and (3) When, after the Legislative Council is dissolved because it refuses to pass a budget or any other important bill, the new Legislative Council still refuses to pass the original bill in dispute. Article 53 Article 53 If the Chief Executive of the Hong Kong Special Administrative Region is not able to discharge his or her duties for a short period, such duties shall temporarily be assumed by the Administrative Secretary, Financial Secretary or Secretary of Justice in this order of precedence. In the event that the office of Chief Executive becomes vacant, a new Chief Executive shall be selected within six months in accordance with the provisions of Article 45 of this Law. During the period of vacancy, his or her duties shall be assumed according to the provisions of the preceding paragraph. Article 54 Article 54 The Executive Council of the Hong Kong Special Administrative Region shall be an organ for assisting the Chief Executive in policy-making. Article 55 Article 55 Members of the Executive Council of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive from among the principal officials of the executive authorities, members of the Legislative Council and public figures. Their appointment or removal shall be decided by the Chief Executive. The term of office of members of the Executive Council shall not extend beyond the expiry of the term of office of the Chief Executive who appoints them. Members of the Executive Council of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country. The Chief Executive may, as he or she deems necessary, invite other persons concerned to sit in on meetings of the Council. Article 56 Article 56 The Executive Council of the Hong Kong Special Administrative Region shall be presided over by the Chief Executive. Except for the appointment, removal and disciplining of officials and the adoption of measures in emergencies, the Chief Executive shall consult the Executive Council before making important policy decisions, introducing bills to the Legislative Council, making subordinate legislation, or dissolving the Legislative Council. If the Chief Executive does not accept a majority opinion of the Executive Council, he or she shall put the specific reasons on record. Article 57 Article 57 A Commission Against Corruption shall be established in the Hong Kong Special Administrative Region. It shall function independently and be accountable to the Chief Executive. Article 58 Article 58 A Commission of Audit shall be established in the Hong Kong Special Administrative Region. It shall function independently and be accountable to the Chief Executive. Article 59 Section 2 The Executive Authorities Article 59 The Government of the Hong Kong Special Administrative Region shall be the executive authorities of the Region. Article 60 Article 60 The head of the Government of the Hong Kong Special Administrative Region shall be the Chief Executive of the Region. A Department of Administration, a Department of Finance, a Department of Justice, and various bureaux, divisions and commissions shall be established in the Government of the Hong Kong Special Administrative Region. Article 61 Article 61 The principal officials of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country and have ordinarily resided in Hong Kong for a continuous period of not less than 15 years. Article 62 Article 62 The Government of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To formulate and implement policies; (2) To conduct administrative affairs; (3) To conduct external affairs as authorized by the Central People's Government under this Law; (4) To draw up and introduce budgets and final accounts; (5) To draft and introduce bills, motions and subordinate legislation; and (6) To designate officials to sit in on the meetings of the Legislative Council and to speak on behalf of the government. Article 63 Article 63 The Department of Justice of the Hong Kong Special Administrative Region shall control criminal prosecutions, free from any interference. Article 64 Article 64 The Government of the Hong Kong Special Administrative Region must abide by the law and be accountable to the Legislative Council of the Region: it shall implement laws passed by the Council and already in force; it shall present regular policy addresses to the Council; it shall answer questions raised by members of the Council; and it shall obtain approval from the Council for taxation and public expenditure. Article 65 Article 65 The previous system of establishing advisory bodies by the executive authorities shall be maintained. Article 66 Section 3 The Legislature Article 66 The Legislative Council of the Hong Kong Special Administrative Region shall be the legislature of the Region. Article 67 Article 67 The Legislative Council of the Hong Kong Special Administrative Region shall be composed of Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country. However, permanent residents of the Region who are not of Chinese nationality or who have the right of abode in foreign countries may also be elected members of the Legislative Council of the Region, provided that the proportion of such members does not exceed 20 percent of the total membership of the Council. Article 68 Article 68 The Legislative Council of the Hong Kong Special Administrative Region shall be constituted by election. The method for forming the Legislative Council shall be specified in the light of the actual situation in the Hong Kong Special Administrative Region and in accordance with the principle of gradual and orderly progress. The ultimate aim is the election of all the members of the Legislative Council by universal suffrage. The specific method for forming the Legislative Council and its procedures for voting on bills and motions are prescribed in Annex II: "Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures". Article 69 Article 69 The term of office of the Legislative Council of the Hong Kong Special Administrative Region shall be four years, except the first term which shall be two years. Article 70 Article 70 If the Legislative Council of the Hong Kong Special Administrative Region is dissolved by the Chief Executive in accordance with the provisions of this Law, it must, within three months, be reconstituted by election in accordance with Article 68 of this Law. Article 71 Article 71 The President of the Legislative Council of the Hong Kong Special Administrative Region shall be elected by and from among the members of the Legislative Council. The President of the Legislative Council of the Hong Kong Special Administrative Region shall be a Chinese citizen of not less than 40 years of age, who is a permanent resident of the Region with no right of abode in any foreign country and has ordinarily resided in Hong Kong for a continuous period of not less than 20 years. Article 72 Article 72 The President of the Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To preside over meetings; (2) To decide on the agenda, giving priority to government bills for inclusion in the agenda; (3) To decide on the time of meetings; (4) To call special sessions during the recess; (5) To call emergency sessions on the request of the Chief Executive; and (6) To exercise other powers and functions as prescribed in the rules of procedure of the Legislative Council. Article 73 Article 73 The Legislative Council of the Hong Kong Special Administrative Region shall exercise the following powers and functions: (1) To enact, amend or repeal laws in accordance with the provisions of this Law and legal procedures; (2) To examine and approve budgets introduced by the government; (3) To approve taxation and public expenditure; (4) To receive and debate the policy addresses of the Chief Executive; (5) To raise questions on the work of the government; (6) To debate any issue concerning public interests; (7) To endorse the appointment and removal of the judges of the Court of Final Appeal and the Chief Judge of the High Court; (8) To receive and handle complaints from Hong Kong residents; (9) If a motion initiated jointly by one-fourth of all the members of the Legislative Council charges the Chief Executive with serious breach of law or dereliction of duty and if he or she refuses to resign, the Council may, after passing a motion for investigation, give a mandate to the Chief Justice of the Court of Final Appeal to form and chair an independent investigation committee. The committee shall be responsible for carrying out the investigation and reporting its findings to the Council. If the committee considers the evidence sufficient to substantiate such charges, the Council may pass a motion of impeachment by a two-thirds majority of all its members and report it to the Central People's Government for decision; and (10) To summon, as required when exercising the above-mentioned powers and functions, persons concerned to testify or give evidence. Article 74 Article 74 Members of the Legislative Council of the Hong Kong Special Administrative Region may introduce bills in accordance with the provisions of this Law and legal procedures. Bills which do not relate to public expenditure or political structure or the operation of the government may be introduced individually or jointly by members of the Council. The written consent of the Chief Executive shall be required before bills relating to government policies are introduced. Article 75 Article 75 The quorum for the meeting of the Legislative Council of the Hong Kong Special Administrative Region shall be not less than one half of all its members. The rules of procedure of the Legislative Council shall be made by the Council on its own, provided that they do not contravene this Law. Article 76 Article 76 A bill passed by the Legislative Council of the Hong Kong Special Administrative Region may take effect only after it is signed and promulgated by the Chief Executive. Article 77 Article 77 Members of the Legislative Council of the Hong Kong Special Administrative Region shall be immune from legal action in respect of their statements at meetings of the Council. Article 78 Article 78 Members of the Legislative Council of the Hong Kong Special Administrative Region shall not be subjected to arrest when attending or on their way to a meeting of the Council. Article 79 Article 79 The President of the Legislative Council of the Hong Kong Special Administrative Region shall declare that a member of the Council is no longer qualified for the office under any of the following circumstances: (1) When he or she loses the ability to discharge his or her duties as a result of serious illness or other reasons; (2) When he or she, with no valid reason, is absent from meetings for three consecutive months without the consent of the President of the Legislative Council; (3) When he or she loses or renounces his or her status as a permanent resident of the Region; (4) When he or she accepts a government appointment and becomes a public servant; (5) When he or she is bankrupt or fails to comply with a court order to repay debts; (6) When he or she is convicted and sentenced to imprisonment for one month or more for a criminal offence committed within or outside the Region and is relieved of his or her duties by a motion passed by two-thirds of the members of the Legislative Council present; and (7) When he or she is censured for misbehaviour or breach of oath by a vote of two-thirds of the members of the Legislative Council present. Article 80 Section 4 The Judiciary Article 80 The courts of the Hong Kong Special Administrative Region at all levels shall be the judiciary of the Region, exercising the judicial power of the Region. Article 81 Article 81 The Court of Final Appeal, the High Court, district courts, magistrates' courts and other special courts shall be established in the Hong Kong Special Administrative Region. The High Court shall comprise the Court of Appeal and the Court of First Instance. The judicial system previously practised in Hong Kong shall be maintained except for those changes consequent upon the establishment of the Court of Final Appeal of the Hong Kong Special Administrative Region. Article 82 Article 82 The power of final adjudication of the Hong Kong Special Administrative Region shall be vested in the Court of Final Appeal of the Region, which may as required invite judges from other common law jurisdictions to sit on the Court of Final Appeal. Article 83 Article 83 The structure, powers and functions of the courts of the Hong Kong Special Administrative Region at all levels shall be prescribed by law. Article 84 Article 84 The courts of the Hong Kong Special Administrative Region shall adjudicate cases in accordance with the laws applicable in the Region as prescribed in Article 18 of this Law and may refer to precedents of other common law jurisdictions. Article 85 Article 85 The courts of the Hong Kong Special Administrative Region shall exercise judicial power independently, free from any interference. Members of the judiciary shall be immune from legal action in the performance of their judicial functions. Article 86 Article 86 The principle of trial by jury previously practised in Hong Kong shall be maintained. Article 87 Article 87 In criminal or civil proceedings in the Hong Kong Special Administrative Region, the principles previously applied in Hong Kong and the rights previously enjoyed by parties to proceedings shall be maintained. Anyone who is lawfully arrested shall have the right to a fair trial by the judicial organs without delay and shall be presumed innocent until convicted by the judicial organs. Article 88 Article 88 Judges of the courts of the Hong Kong Special Administrative Region shall be appointed by the Chief Executive on the recommendation of an independent commission composed of local judges, persons from the legal profession and eminent persons from other sectors. Article 90 Article 90 The Chief Justice of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region shall be Chinese citizens who are permanent residents of the Region with no right of abode in any foreign country. In the case of the appointment or removal of judges of the Court of Final Appeal and the Chief Judge of the High Court of the Hong Kong Special Administrative Region, the Chief Executive shall, in addition to following the procedures prescribed in Articles 88 and 89 of this Law, obtain the endorsement of the Legislative Council and report such appointment or removal to the Standing Committee of the National People's Congress for the record. Article 91 Article 91 The Hong Kong Special Administrative Region shall maintain the previous system of appointment and removal of members of the judiciary other than judges. Article 92 Article 92 Judges and other members of the judiciary of the Hong Kong Special Administrative region shall be chosen on the basis of their judicial and professional qualities and may be recruited from other common law jurisdictions. Article 93 Article 93 Judges and other members of the judiciary serving in Hong Kong before the establishment of the Hong Kong Special Administrative Region may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before. The Government of the Hong Kong Special Administrative Region shall pay to judges and other members of the judiciary who retire or leave the service in compliance with regulations, including those who have retired or left the service before the establishment of the Hong Kong Special Administrative Region, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of residence. Article 94 Article 94 On the basis of the system previously operating in Hong Kong, the Government of the Hong Kong Special Administrative Region may make provisions for local lawyers and lawyers from outside Hong Kong to work and practise in the Region. Article 95 Article 95 The Hong Kong Special Administrative Region may, through consultations and in accordance with law, maintain juridical relations with the judicial organs of other parts of the country, and they may render assistance to each other. Article 96 Article 96 With the assistance or authorization of the Central People's Government, the Government of the Hong Kong Special Administrative Region may make appropriate arrangements with foreign states for reciprocal juridical assistance. Article 97 Section 5 District Organizations Article 97 District organizations which are not organs of political power may be established in the Hong Kong Special Administrative Region, to be consulted by the government of the Region on district administration and other affairs, or to be responsible for providing services in such fields as culture, recreation and environmental sanitation. Article 98 Article 98 The powers and functions of the district organizations and the method for their formation shall be prescribed by law. Article 99 Section 6 Public Servants Article 99 Public servants serving in all government departments of the Hong Kong Special Administrative Region must be permanent residents of the Region, except where otherwise provided for in Article 101 of this Law regarding public servants of foreign nationalities and except for those below a certain rank as prescribed by law. Public servants must be dedicated to their duties and be responsible to the Government of the Hong Kong Special Administrative Region. Article 100 Article 100 Public servants serving in all Hong Kong government departments, including the police department, before the establishment of the Hong Kong Special Administrative Region, may all remain in employment and retain their seniority with pay, allowances, benefits and conditions of service no less favourable than before. Article 101 Article 101 The Government of the Hong Kong Special Administrative Region may employ British and other foreign nationals previously serving in the public service in Hong Kong, or those holding permanent identity cards of the Region, to serve as public servants in government departments at all levels, but only Chinese citizens among permanent residents of the Region with no right of abode in any foreign country may fill the following posts: the Secretaries and Deputy Secretaries of Departments, Directors of Bureaux, Commissioner Against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise. The Government of the Hong Kong Special Administrative Region may also employ British and other foreign nationals as advisers to government departments and, when required, may recruit qualified candidates from outside the Region to fill professional and technical posts in government departments. These foreign nationals shall be employed only in their individual capacities and shall be responsible to the government of the Region. Article 102 Article 102 The Government of the Hong Kong Special Administrative Region shall pay to public servants who retire or who leave the service in compliance with regulations, including those who have retired or who have left the service in compliance with regulations before the establishment of the Hong Kong Special Administrative Region, or to their dependants, all pensions, gratuities, allowances and benefits due to them on terms no less favourable than before, irrespective of their nationality or place of residence. Article 103 Article 103 The appointment and promotion of public servants shall be on the basis of their qualifications, experience and ability. Hong Kong's previous system of recruitment, employment, assessment, discipline, training and management for the public service, including special bodies for their appointment, pay and conditions of service, shall be maintained, except for any provisions for privileged treatment of foreign nationals. Article 104 Article 104 When assuming office, the Chief Executive, principal officials, members of the Executive Council and of the Legislative Council, judges of the courts at all levels and other members of the judiciary in the Hong Kong Special Administrative Region must, in accordance with law, swear to uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and swear allegiance to the Hong Kong Special Administrative Region of the People's Republic of China. Article 106 Article 106 The Hong Kong Special Administrative Region shall have independent finances. The Hong Kong Special Administrative Region shall use its financial revenues exclusively for its own purposes, and they shall not be handed over to the Central People's Government. The Central People's Government shall not levy taxes in the Hong Kong Special Administrative Region. Article 107 Article 107 The Hong Kong Special Administrative Region shall follow the principle of keeping expenditure within the limits of revenues in drawing up its budget, and strive to achieve a fiscal balance, avoid deficits and keep the budget commensurate with the growth rate of its gross domestic product. Article 108 Article 108 The Hong Kong Special Administrative Region shall practise an independent taxation system. The Hong Kong Special Administrative Region shall, taking the low tax policy previously pursued in Hong Kong as reference, enact laws on its own concerning types of taxes, tax rates, tax reductions, allowances and exemptions, and other matters of taxation. Article 109 Article 109 The Government of the Hong Kong Special Administrative Region shall provide an appropriate economic and legal environment for the maintenance of the status of Hong Kong as an international financial centre. Article 110 Article 110 The monetary and financial systems of the Hong Kong Special Administrative Region shall be prescribed by law. The Government of the Hong Kong Special Administrative Region shall, on its own, formulate monetary and financial policies, safeguard the free operation of financial business and financial markets, and regulate and supervise them in accordance with law. Article 111 Article 111 The Hong Kong dollar, as the legal tender in the Hong Kong Special Administrative Region, shall continue to circulate. The authority to issue Hong Kong currency shall be vested in the Government of the Hong Kong Special Administrative Region. The issue of Hong Kong currency must be backed by a 100 percent reserve fund. The system regarding the issue of Hong Kong currency and the reserve fund system shall be prescribed by law. The Government of the Hong Kong Special Administrative Region may authorize designated banks to issue or continue to issue Hong Kong currency under statutory authority, after satisfying itself that any issue of currency will be soundly based and that the arrangements for such issue are consistent with the object of maintaining the stability of the currency. Article 112 Article 112 No foreign exchange control policies shall be applied in the Hong Kong Special Administrative Region. The Hong Kong dollar shall be freely convertible. Markets for foreign exchange, gold, securities, futures and the like shall continue. The Government of the Hong Kong Special Administrative Region shall safeguard the free flow of capital within, into and out of the Region. Article 113 Article 113 The Exchange Fund of the Hong Kong Special Administrative Region shall be managed and controlled by the government of the Region, primarily for regulating the exchange value of the Hong Kong dollar. Article 114 Article 114 The Hong Kong Special Administrative Region shall maintain the status of a free port and shall not impose any tariff unless otherwise prescribed by law. Article 115 Article 115 The Hong Kong Special Administrative Region shall pursue the policy of free trade and safeguard the free movement of goods, intangible assets and capital. Article 116 Article 116 The Hong Kong Special Administrative Region shall be a separate customs territory. The Hong Kong Special Administrative Region may, using the name "Hong Kong, China", participate in relevant international organizations and international trade agreements (including preferential trade arrangements), such as the General Agreement on Tariffs and Trade and arrangements regarding international trade in textiles. Export quotas, tariff preferences and other similar arrangements, which are obtained or made by the Hong Kong Special Administrative Region or which were obtained or made and remain valid, shall be enjoyed exclusively by the Region. Article 117 Article 117 The Hong Kong Special Administrative Region may issue its own certificates of origin for products in accordance with prevailing rules of origin. Article 118 Article 118 The Government of the Hong Kong Special Administrative Region shall provide an economic and legal environment for encouraging investments, technological progress and the development of new industries. Article 119 Article 119 The Government of the Hong Kong Special Administrative Region shall formulate appropriate policies to promote and co-ordinate the development of various trades such as manufacturing, commerce, tourism, real estate, transport, public utilities, services, agriculture and fisheries, and pay regard to the protection of the environment. Article 120 Section 2 Land Leases Article 120 All leases of land granted, decided upon or renewed before the establishment of the Hong Kong Special Administrative Region which extend beyond 30 June 1997, and all rights in relation to such leases, shall continue to be recognized and protected under the law of the Region. Article 121 Article 121 As regards all leases of land granted or renewed where the original leases contain no right of renewal, during the period from 27 May 1985 to 30 June 1997, which extend beyond 30 June 1997 and expire not later than 30 June 2047, the lessee is not required to pay an additional premium as from 1 July 1997, but an annual rent equivalent to 3 per cent of the rateable value of the property at that date, adjusted in step with any changes in the rateable value thereafter, shall be charged. Article 122 Article 122 In the case of old schedule lots, village lots, small houses and similar rural holdings, where the property was on 30 June 1984 held by, or, in the case of small houses granted after that date, where the property is granted to, a lessee descended through the male line from a person who was in 1898 a resident of an established village in Hong Kong, the previous rent shall remain unchanged so long as the property is held by that lessee or by one of his lawful successors in the male line. Article 123 Article 123 Where leases of land without a right of renewal expire after the establishment of the Hong Kong Special Administrative Region, they shall be dealt with in accordance with laws and policies formulated by the Region on its own. Article 124 Section 3 Shipping Article 124 The Hong Kong Special Administrative Region shall maintain Hong Kong's previous systems of shipping management and shipping regulation, including the system for regulating conditions of seamen. The Government of the Hong Kong Special Administrative Region shall, on its own, define its specific functions and responsibilities in respect of shipping. Article 125 Article 125 The Hong Kong Special Administrative Region shall be authorized by the Central People's Government to continue to maintain a shipping register and issue related certificates under its legislation, using the name "Hong Kong, China". Article 126 Article 126 With the exception of foreign warships, access for which requires the special permission of the Central People's Government, ships shall enjoy access to the ports of the Hong Kong Special Administrative Region in accordance with the laws of the Region. Article 127 Article 127 Private shipping businesses and shipping-related businesses and private container terminals in the Hong Kong Special Administrative Region may continue to operate freely. Article 128 Section 4 Civil Aviation Article 128 The Government of the Hong Kong Special Administrative Region shall provide conditions and take measures for the maintenance of the status of Hong Kong as a centre of international and regional aviation. Article 129 Article 129 The Hong Kong Special Administrative Region shall continue the previous system of civil aviation management in Hong Kong and keep its own aircraft register in accordance with provisions laid down by the Central People's Government concerning nationality marks and registration marks of aircraft. Access of foreign state aircraft to the Hong Kong Special Administrative Region shall require the special permission of the Central People's Government. Article 130 Article 130 The Hong Kong Special Administrative Region shall be responsible on its own for matters of routine business and technical management of civil aviation, including the management of airports, the provision of air traffic services within the flight information region of the Hong Kong Special Administrative Region, and the discharge of other responsibilities allocated to it under the regional air navigation procedures of the International Civil Aviation Organization. Article 131 Article 131 The Central People's Government shall, in consultation with the Government of the Hong Kong Special Administrative Region, make arrangements providing air services between the Region and other parts of the People's Republic of China for airlines incorporated in the Hong Kong Special Administrative Region and having their principal place of business in Hong Kong and other airlines of the People's Republic of China. Article 132 Article 132 All air service agreements providing air services between other parts of the People's Republic of China and other states and regions with stops at the Hong Kong Special Administrative Region and air services between the Hong Kong Special Administrative Region and other states and regions with stops at other parts of the People's Republic of China shall be concluded by the Central People's Government. In concluding the air service agreements referred to in the first paragraph of this Article, the Central People's Government shall take account of the special conditions and economic interests of the Hong Kong Special Administrative Region and consult the government of the Region. Representatives of the Government of the Hong Kong Special Administrative Region may, as members of the delegations of the Government of the People's Republic of China, participate in air service consultations conducted by the Central People's Government with foreign governments concerning arrangements for such services referred to in the first paragraph of this Article. Article 133 Article 133 Acting under specific authorizations from the Central People's Government, the Government of the Hong Kong Special Administrative Region may: (1) renew or amend air service agreements and arrangements previously in force; (2) negotiate and conclude new air service agreements providing routes for airlines incorporated in the Hong Kong Special Administrative Region and having their principal place of business in Hong Kong and providing rights for over-flights and technical stops; and (3) negotiate and conclude provisional arrangements with foreign states or regions with which no air service agreements have been concluded. All scheduled air services to, from or through Hong Kong, which do not operate to, from or through the mainland of China shall be regulated by the air service agreements or provisional arrangements referred to in this Article. Article 134 Article 134 The Central People's Government shall give the Government of the Hong Kong Special Administrative Region the authority to: (1) negotiate and conclude with other authorities all arrangements concerning the implementation of the air service agreements and provisional arrangements referred to in Article 133 of this Law; (2) issue licences to airlines incorporated in the Hong Kong Special Administrative Region and having their principal place of business in Hong Kong; (3) designate such airlines under the air service agreements and provisional arrangements referred to in Article 133 of this Law; and (4) issue permits to foreign airlines for services other than those to, from or through the mainland of China. Article 135 Article 135 Airlines incorporated and having their principal place of business in Hong Kong and businesses related to civil aviation functioning there prior to the establishment of the Hong Kong Special Administrative Region may continue to operate. Article 136 Chapter VI Education, Science, Culture, Sports, Religion, Labour and Social Services Article 136 On the basis of the previous educational system, the Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on the development and improvement of education, including policies regarding the educational system and its administration, the language of instruction, the allocation of funds, the examination system, the system of academic awards and the recognition of educational qualifications. Community organizations and individuals may, in accordance with law, run educational undertakings of various kinds in the Hong Kong Special Administrative Region. Article 137 Article 137 Educational institutions of all kinds may retain their autonomy and enjoy academic freedom. They may continue to recruit staff and use teaching materials from outside the Hong Kong Special Administrative Region. Schools run by religious organizations may continue to provide religious education, including courses in religion. Students shall enjoy freedom of choice of educational institutions and freedom to pursue their education outside the Hong Kong Special Administrative Region. Article 138 Article 138 The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies to develop Western and traditional Chinese medicine and to improve medical and health services. Community organizations and individuals may provide various medical and health services in accordance with law. Article 139 Article 139 The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on science and technology and protect by law achievements in scientific and technological research, patents, discoveries and inventions. The Government of the Hong Kong Special Administrative Region shall, on its own, decide on the scientific and technological standards and specifications applicable in Hong Kong. Article 140 Article 140 The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on culture and protect by law the achievements and the lawful rights and interests of authors in their literary and artistic creation. Article 141 Article 141 The Government of the Hong Kong Special Administrative Region shall not restrict the freedom of religious belief, interfere in the internal affairs of religious organizations or restrict religious activities which do not contravene the laws of the Region. Religious organizations shall, in accordance with law, enjoy the rights to acquire, use, dispose of and inherit property and the right to receive financial assistance. Their previous property rights and interests shall be maintained and protected. Religious organizations may, according to their previous practice, continue to run seminaries and other schools, hospitals and welfare institutions and to provide other social services. Religious organizations and believers in the Hong Kong Special Administrative Region may maintain and develop their relations with religious organizations and believers elsewhere. Article 142 Article 142 The Government of the Hong Kong Special Administrative Region shall, on the basis of maintaining the previous systems concerning the professions, formulate provisions on its own for assessing the qualifications for practice in the various professions. Persons with professional qualifications or qualifications for professional practice obtained prior to the establishment of the Hong Kong Special Administrative Region may retain their previous qualifications in accordance with the relevant regulations and codes of practice. The Government of the Hong Kong Special Administrative Region shall continue to recognize the professions and the professional organizations recognized prior to the establishment of the Region, and these organizations may, on their own, assess and confer professional qualifications. The Government of the Hong Kong Special Administrative Region may, as required by developments in society and in consultation with the parties concerned, recognize new professions and professional organizations. Article 143 Article 143 The Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on sports. Non-governmental sports organizations may continue to exist and develop in accordance with law. Article 144 Article 144 The Government of the Hong Kong Special Administrative Region shall maintain the policy previously practised in Hong Kong in respect of subventions for non-governmental organizations in fields such as education, medicine and health, culture, art, recreation, sports, social welfare and social work. Staff members previously serving in subvented organizations in Hong Kong may remain in their employment in accordance with the previous system. Article 145 Article 145 On the basis of the previous social welfare system, the Government of the Hong Kong Special Administrative Region shall, on its own, formulate policies on the development and improvement of this system in the light of the economic conditions and social needs. Article 146 Article 146 Voluntary organizations providing social services in the Hong Kong Special Administrative Region may, on their own, decide their forms of service, provided that the law is not contravened. Article 147 Article 147 The Hong Kong Special Administrative Region shall on its own formulate laws and policies relating to labour. Article 148 Article 148 The relationship between non-governmental organizations in fields such as education, science, technology, culture, art, sports, the professions, medicine and health, labour, social welfare and social work as well as religious organizations in the Hong Kong Special Administrative Region and their counterparts on the mainland shall be based on the principles of non-subordination, non-interference and mutual respect. Article 149 Article 149 Non-governmental organizations in fields such as education, science, technology, culture, art, sports, the professions, medicine and health, labour, social welfare and social work as well as religious organizations in the Hong Kong Special Administrative Region may maintain and develop relations with their counterparts in foreign countries and regions and with relevant international organizations. They may, as required, use the name "Hong Kong, China" in the relevant activities. Article 150 Chapter VII External Affairs Article 150 Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the Government of the People's Republic of China, participate in negotiations at the diplomatic level directly affecting the Region conducted by the Central People's Government. Article 151 Article 151 The Hong Kong Special Administrative Region may on its own, using the name "Hong Kong, China", maintain and develop relations and conclude and implement agreements with foreign states and regions and relevant international organizations in the appropriate fields, including the economic, trade, financial and monetary, shipping, communications, tourism, cultural and sports fields. Article 152 Article 152 Representatives of the Government of the Hong Kong Special Administrative Region may, as members of delegations of the People's Republic of China, participate in international organizations or conferences in appropriate fields limited to states and affecting the Region, or may attend in such other capacity as may be permitted by the Central People's Government and the international organization or conference concerned, and may express their views, using the name "Hong Kong, China". The Hong Kong Special Administrative Region may, using the name "Hong Kong, China", participate in international organizations and conferences not limited to states. The Central People's Government shall take the necessary steps to ensure that the Hong Kong Special Administrative Region shall continue to retain its status in an appropriate capacity in those international organizations of which the People's Republic of China is a member and in which Hong Kong participates in one capacity or another. The Central People's Government shall, where necessary, facilitate the continued participation of the Hong Kong Special Administrative Region in an appropriate capacity in those international organizations in which Hong Kong is a participant in one capacity or another, but of which the People's Republic of China is not a member. Article 153 Article 153 The application to the Hong Kong Special Administrative Region of international agreements to which the People's Republic of China is or becomes a party shall be decided by the Central People's Government, in accordance with the circumstances and needs of the Region, and after seeking the views of the government of the Region. International agreements to which the People's Republic of China is not a party but which are implemented in Hong Kong may continue to be implemented in the Hong Kong Special Administrative Region. The Central People's Government shall, as necessary, authorize or assist the government of the Region to make appropriate arrangements for the application to the Region of other relevant international agreements. Article 154 Article 154 The Central People's Government shall authorize the Government of the Hong Kong Special Administrative Region to issue, in accordance with law, passports of the Hong Kong Special Administrative Region of the People's Republic of China to all Chinese citizens who hold permanent identity cards of the Region, and travel documents of the Hong Kong Special Administrative Region of the People's Republic of China to all other persons lawfully residing in the Region. The above passports and documents shall be valid for all states and regions and shall record the holder's right to return to the Region. The Government of the Hong Kong Special Administrative Region may apply immigration controls on entry into, stay in and departure from the Region by persons from foreign states and regions. Article 155 Article 155 The Central People's Government shall assist or authorize the Government of the Hong Kong Special Administrative Region to conclude visa abolition agreements with foreign states or regions. Article 156 Article 156 The Hong Kong Special Administrative Region may, as necessary, establish official or semi-official economic and trade missions in foreign countries and shall report the establishment of such missions to the Central People's Government for the record. Article 157 Article 157 The establishment of foreign consular and other official or semi-official missions in the Hong Kong Special Administrative Region shall require the approval of the Central People's Government. Consular and other official missions established in Hong Kong by states which have formal diplomatic relations with the People's Republic of China may be maintained. According to the circumstances of each case, consular and other official missions established in Hong Kong by states which have no formal diplomatic relations with the People's Republic of China may be permitted either to remain or be changed to semi-official missions. States not recognized by the People's Republic of China may only establish non-governmental institutions in the Region. Article 158 Chapter VIII Interpretation and Amendment of the Basic Law Article 158 The power of interpretation of this Law shall be vested in the Standing Committee of the National People's Congress. The Standing Committee of the National People's Congress shall authorize the courts of the Hong Kong Special Administrative Region to interpret on their own, in adjudicating cases, the provisions of this Law which are within the limits of the autonomy of the Region. The courts of the Hong Kong Special Administrative Region may also interpret other provisions of this Law in adjudicating cases. However, if the courts of the Region, in adjudicating cases, need to interpret the provisions of this Law concerning affairs which are the responsibility of the Central People's Government, or concerning the relationship between the Central Authorities and the Region, and if such interpretation will affect the judgments on the cases, the courts of the Region shall, before making their final judgments which are not appealable, seek and interpretation of the relevant provisions from the Standing Committee of the National People's Congress through the Court of Final Appeal of the Region. When the Standing Committee makes an interpretation of the provisions concerned, the courts of the Region, in applying those provisions, shall follow the interpretation of the Standing Committee. However, judgments previously rendered shall not be affected. The Standing Committee of the National People's Congress shall consult its Committee for the Basic Law of the Hong Kong Special Administrative Region before giving an interpretation of this Law. Article 159 Article 159 The power of amendment of this Law shall be vested in the National People's Congress. The power to propose bills for amendments to this Law shall be vested in the Standing Committee of the National People's Congress, the State Council and the Hong Kong Special Administrative Region. Amendment bills from the Hong Kong Special Administrative Region shall be submitted to the National People's Congress by the delegation of the Region to the National People's Congress after obtaining the consent of two-thirds of the deputies of the Region to the National People's Congress, two-thirds of all the members of the Legislative Council of the Region, and the Chief Executive of the Region. Before a bill for amendment to this Law is put on the agenda of the National People's Congress, the Committee for the Basic Law of the Hong Kong Special Administrative Region shall study it and submit its views. No amendment to this Law shall contravene the established basic policies of the People's of China regarding Hong Kong. Article 160 Chapter IX Supplementary Provisions Article 160 Upon the establishment of the Hong Kong Special Administrative Region, the laws previously in force in Hong Kong shall be adopted as laws of the Region except for those which the Standing Committee of the National People's Congress declares to be in contravention of this Law. If any laws are later discovered to be in contravention of this Law, they shall be amended or cease to have force in accordance with the procedure as prescribed by this Law. Documents, certificates, contracts, and rights and obligations valid under the laws previously in force in Hong Kong shall continue to be valid and be recognized and protected by the Hong Kong Special Administrative Region, provided that they do not contravene this Law. Long title WHEREAS Article 18 of the Basic Law of the Hong Kong Special Administrative Region provides that the national laws listed in Annex III thereto shall be applied locally by way of promulgation or legislation by the Region: NOW THEREFORE I, TUNG Chee-hwa, the Chief Executive of the Hong Kong Special Administrative Region give notice that the national laws as set out in the Schedules shall apply in the Hong Kong Special Administrative Region. RESOLUTION ON THE NATIONAL DAY OF THE PEOPLE'S REPUBLIC OF CHINA RESOLUTION ON THE NATIONAL DAY OF THE PEOPLE'S REPUBLIC OF CHINA At its First Session held on October 9, 1949, the First National Committee of the Chinese People's Political Consultative Conference adopted the proposal "Requesting the Government Formally to Make October the First the National Day of the People's Republic of China to Replace the Old National Day Which Falls on October the Tenth" and submitted it to the Central People's Government for adoption and implementation. Believing that the proposal submitted by the First National Committee of the Chinese People's Political Consultative Conference conforms to the reality of history and represents the will of the people, the Central People's Administration Council decides to adopt it. The Central People's Administration Council hereby proclaims: Beginning from 1950, October the First, the great day on which the People's Republic of China proclaims its founding, shall be the day on which the founding of the People's Republic of China shall be celebrated every year. DECLARATION OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE TERRITORIAL SEA DECLARATION OF THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE TERRITORIAL SEA The People's Republic of China hereby announces : (1) The width of the territorial sea of the People's Republic of China is twelve national miles. This provision applies to all Territories of the People's Republic of China, including the mainland China and offshore islands, Taiwan (separated from the mainland and offshore islands by high seas) and its surrounding islands, the Penghu Archipelago, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha Islands and other islands belonging to China. (2) The straight lines linking each basic point at the mainland's coasts and offshore outlying islands are regarded as base lines of the territorial sea of the mainland China and offshore islands. The waters extending twelve nautical miles away from the base lines are China's territorial sea. The waters inside the base lines, including Bohai Bay and Giongzhou Strait, are China's inland sea. The islands inside the base lines, including Dongyin Island, Gaodeng Island, Mazu Island, Baiquan Island, Niaoqin Island, Big and Small Jinmen Island, Dadam Island, Erdan Island and Dongding Island, are China's inland sea islands. (3) Without the permit of the government of the People's Republic of China, all foreign aircrafts and military vessels shall not be allowed to enter China's territorial sea and the sky above the territorial sea. Any foreign vessel sailing in China's territorial sea must comply with the relevant orders of the government of the People's Republic of China. (4) The above provisions (2) and (3) also apply to Taiwan and its surrounding islands, the Penghu Islands, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha Islands and other islands belonging to China. Taiwan and Penghu are still occupied with force by the USA. This is an illegality violating the People's Republic of China's territorial integrity and sovereignty. Taiwan and Penghu are waiting for recapture. The People's Republic of China has rights to take all appropriate measures to recapture these places in due course. It is China's internal affairs which should not be interfered by any foreign country. NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA NATIONALITY LAW OF THE PEOPLE'S REPUBLIC OF CHINA People's Congress and effective as of September 10, 1980) Article 1 This Law is applicable to the acquisition, loss and restoration of nationality of the People's Republic of China. Article 2 The People's Republic of China is a unitary multinational state; persons belonging to any of the nationalities in China shall have Chinese nationality. Article 3 The People's Republic of China does not recognize dual nationality for any Chinese national. Article 4 Any person born in China whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. Article 5 Any person born abroad whose parents are both Chinese nationals or one of whose parents is a Chinese national shall have Chinese nationality. But a person whose parents are both Chinese nationals and have both settled abroad, or one of whose parents is a Chinese national and has settled abroad, and who has acquired foreign nationality at birth shall not Chinese nationality. Article 6 Any person born in China whose parents are stateless or of uncertain and have settled in China shall have Chinese nationality. Article 7 Foreign nationals or stateless persons who are willing to abide by China's Constitution and laws and who meet one of the following conditions may be naturalized upon approval of their applications: (1) they are near relatives of Chinese nationals; (2) they have settled in China; or (3) they have other legitimate reasons. Article 8 Any person who applies for naturalization as a Chinese national shall acquire Chinese nationality upon approval of his application; a person whose application for naturalization as a Chinese national has been approved shall not retain foreign nationality. Article 9 Any Chinese national who has settled abroad and who has been naturalized as a foreign national or has acquired foreign nationality of his own free will shall automatically lose Chinese nationality. Article 10 Chinese nationals who meet one of the following conditions may renounce Chinese nationality upon approval of their applications: (1) they are near relatives of foreign nationals; (2) they have settled abroad; or (3) they have other legitimate reasons. Article 11 Any person who applies for renunciation of Chinese nationality shall lose Chinese nationality upon approval of his application. Article 12 State functionaries and military personnel on active service shall not renounce Chinese nationality. Article 13 Foreign nationals who once held Chinese nationality may apply for restoration of Chinese nationality if they have legitimate reasons; those whose applications for restoration of Chinese nationality have been approved shall not retain foreign nationality. Article 14 Persons who wish to acquire, renounce or restore Chinese nationality, with the exception of the cases provided for in Article 9, shall go through the formalities of application. Applications of persons under the age of 18 may be filed on their behalf by their parents or other legal representatives. Article 15 Nationality applications at home shall be handled by the public security bureaus of the municipalities or counties where the applicants reside; nationality applications abroad shall be handled by China's diplomatic representative agencies and consular offices. Article 16 Applications for naturalization as Chinese nationals and for renunciation or restoration of Chinese nationality are subject to examination and approval by the Ministry of Public Security of the People's Republic of China. The Ministry of Public Security shall issue a certificate to any person whose application has been approved. Article 17 The nationality status of persons who have acquired or lost Chinese nationality before the promulgation of this Law shall remain valid. Article 18 This Law shall come into force as of the date of its promulgation. Remarks: Concerning the questions of the implementation of this Law in the Hong Kong Special Administrative Region, the Standing Committee of the National People's Congress has made certain explanations. Please refer to the "Explanations of some questions by the Standing Committee of the National People's Congress concerning the implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region" adopted by the Standing Committee of the National People's Congress on 15 May 1996. LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE TERRITORIAL SEA AND THE CONTIGUOUS ZONE (Adopted at the 24th Meeting of the Standing Committee of the Seventh National People 's Congress on February 25, 1992, promulgated by Order No. 55 of the President of the People's Republic of China on February 25, 1992, and effective as of the same date) Article 1 This Law is enacted for the People's Republic of China to exercise its sovereignty over its territorial sea and the control over its contiguous zone, and to safeguard its national security and its maritime rights and interests. Article 2 The territorial sea of the People's Republic of China is the sea belt adjacent to the land territory and the internal waters of the People's Republic of China. The land territory of the People's Republic of China includes the mainland of the People's Republic of China and its coastal islands; Taiwan and all islands appertaining thereto including the Diaoyu Islands; the Penghu Islands; the Dongsha Islands; the Xisha Islands; the Zhongsha Islands and the Nansha Islands; as well as all the other islands belonging to the People's Republic of China. The waters on the landward side of the baselines of the territorial sea of the People's Republic of China constitute the internal waters of the People's Republic of China. Article 3 The breadth of the territorial sea of the People's Republic of China is twelve nautical miles, measured from the baselines of the territorial sea. The method of straight baselines composed of all the straight lines joining the adjacent base points shall be employed drawing the baselines of the territorial sea of the People's Republic of China. The outer limit of the territorial sea of the People's Republic of China is the line every point of which is at a distance equal to twelve nautical miles from the nearest point of the baseline of the territorial sea. Article 4 The contiguous zone of the People's Republic of China is the sea belt adjacent to and beyond the territorial sea. The breadth of the contiguous zone is twelve nautical miles. The outer limit of the contiguous zone of the People's Republic of China is the line every point of which is at a distance equal to twenty-four nautical miles from the nearest point of the baseline of the territorial sea. Article 5 The sovereignty of the People's Republic of China over its territorial sea extends to the air space over the territorial sea as well as to the bed and subsoil of the territorial sea. Article 6 Foreign ships for non-military purposes shall enjoy the right of innocent passage through the territorial sea of the People's Republic of China in accordance with the law. Foreign ships for military purposes shall be subject to approval by the Government of the People's Republic of China for entering the territorial sea of the People's Republic of China. Article 7 Foreign submarines and other underwater vehicles, when passing through the territorial sea of the People's Republic of China, shall navigate on the surface and show their flag. Article 8 Foreign ships passing through the territorial sea of the People's Republic of China must comply with the laws and regulations of the People's Republic of China and shall not be prejudicial to the peace, security and good order of the People's Republic of China. Foreign nuclear-powered ships and ships carrying nuclear, noxious or other dangerous substances, when passing through the territorial sea of the People's Republic of China, must carry relevant documents and take special precautionary measures. The Government of the People's Republic of China has the right to take all measures to prevent and stop non-innocent passage through its territorial sea. Cases of foreign ships violating the laws or regulations of the People's Republic of China shall be handled by the relevant organs of the People's Republic of China in accordance with the law. Article 9 The Government of the People's Republic of China may, for maintaining the safety of navigation or for other special needs, request foreign ships passing through the territorial sea of the People's Republic of China to use the designated sea lanes or to navigate according to the prescribed traffic separation schemes. The specific regulations to this effect shall be promulgated by the Government of the People's Republic of China or its competent authorities concerned. Article 10 In the case of violation of the laws or regulations of the People's Republic of China by a foreign ship for military purposes or a foreign government ship for non-commercial purposes when passing through the territorial sea of the People's Republic of China, the competent authorities of the People's Republic of China shall have the right to order it to leave the territorial sea immediately and the flag State shall bear international responsibility for any loss or damage thus caused. Article 11 All international organizations, foreign organizations or individuals shall obtain approval from the Government of the People's Republic of China for carrying out scientific research, marine operations or other activities in the territorial sea of the People's Republic of China, and shall comply with the laws and regulations of the People's Republic of China. All illegal entries into the territorial sea of the People's Republic of China for carrying out scientific research, marine operations or other activities in contravention of the provisions of the preceding paragraph of this Article, shall be dealt with by the relevant organs of the People's Republic of China in accordance with the law. Article 12 No aircraft of a foreign State may enter the air space over the territorial sea of the People's Republic of China unless there is a relevant protocol or agreement between the Government of that State and the Government of the People's Republic of China, or approval or acceptance by the Government of the People's Republic of China or the competent authorized by it. Article 13 The People's Republic of China has the right to exercise control in the contiguous zone to prevent and impose penalties for activities infringing the laws or regulations concerning security, the customs, finance, sanitation or entry and exit control within its land territory, internal waters or territorial sea. Article l4 The competent authorities concerned of the People's Republic of China may, when they have good reasons to believe that a foreign ship has violated the laws or regulations of the People's Republic of China, exercise the right of hot pursuit against the foreign ship. Such pursuit shall be commenced when the foreign ship or one of its boats or other craft engaged in activities by using the ship pursued as a mother ship is within the internal waters, the territorial sea or the contiguous zone of the People's Republic of China. If the foreign ship is within the contiguous zone of the People's Republic of China, the pursuit may be undertaken only when there has been a violation of the rights as provided for in the relevant laws or regulations listed in Article 13 of this Law. The pursuit, if not interrupted, may be continued outside the territorial sea or the contiguous zone until the ship pursued enters the territorial sea of its own country or of a third State. The right of hot pursuit provided for in this Article shall be exercised by ships or aircraft of the People's Republic of China for military purposes, or by ships or aircraft on government service authorized by the Government of the People's Republic of China. Article l5 The baselines of the territorial sea of the People's Republic of China shall be promulgated by the Government of the People's Republic of China. Article l6 The Government of the People's Republic of China formulates the relevant regulations in accordance with this Law. Article l7 This Law shall come into force on the date of promulgation. Remarks: The Government of the People's Republic of China has, pursuant to Article 15 of this Law, promulgated the baselines of the territorial sea of the People's Republic of China. Please refer to the "Declaration of the Government of People's Republic of China on the baselines of the territorial sea of the People's Republic of China" ** promulgated by the State Council on l5 May 1996. REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA CONCERNING CONSULAR PRIVILEGES AND IMMUNITIES (Adopted at the 16th Meeting of the Standing Committee of the Seventh National People's Congress on October 30, 1990, promulgated by Order No. 35 of the President of the People's Republic of China on October 30, 1990 and effective as of the date of promulgation) Article 1 The present Regulations are formulated for the purpose of defining the consular privileges and immunities of the foreign consular posts in China and their members and facilitating the efficient performance of the functions of such foreign consular posts in their consular districts as representatives of the sending States. Article 2 Consular officers shall be of the nationality of the sending State. They may, only with the consent of the competent Chinese authorities, be appointed from among persons of Chinese or third-state nationality or nationals of the sending State who are permanent residents of China. This consent may be withdrawn at any time by the said Chinese authorities. Article 3 The consular post and its head shall have the right to use the national flag and emblem of the sending State on the premises of the consular post, on the residence of the head of the consular post and on his means of transport when used on official business. Article 4 The premises of the consular post shall be inviolable. Chinese government functionaries may enter them only with the consent of the head of the consular post or the head of the diplomatic mission of the sending State or another person authorized by either of them. The consent of the head of the consular post may be assumed in case of fire or other disaster requiring prompt protective action. The Chinese authorities concerned shall take appropriate measures to protect the premises of the consular post against any intrusion or damage. Article 5 The premises of the consular post and the residence of its head shall be exempt from dues and taxes other than such as represent payment for specific services rendered. The fees and charges levied by the consular post in the course of its official duties shall be exempt from all dues and taxes. Article 6 The archives and documents of the consular post shall be inviolable. Article 7 The members of the consular post shall enjoy freedom of movement and travel within Chinese territory except for areas the entry into which is prohibited or restricted by the regulations of the Chinese Government. Article 8 The consular post may for official purposes communicate freely with the Government and the diplomatic mission and other consular posts of the sending State. In so doing, it may employ all appropriate means, including diplomatic couriers or consular couriers, diplomatic bag or consular bag, and messages in code or cipher. Article 9 The consular post may install and use a wireless transmitter-receiver only with the consent of the Chinese Government. The import of the above-mentioned equipment shall be subject to the relevant procedure prescribed by the Chinese Government. Article 10 The consular bag shall not be opened or detained. The consular bag may contain only official correspondence and documents or articles intended for official use and must be sealed and bear visible external marks of its character. If the Chinese authorities concerned have serious reason to believe that the bag contains something other than the above-mentioned objects, they may request that the bag be opened in the presence of personnel from the Chinese authorities concerned by the consular officer or another person authorized by him. If this request is refused by the consular officer, the bag shall be returned to its place of origin. Article 11 The consular courier must be of the nationality of the sending State and shall not be a permanent resident of China. The consular courier must be provided with a courier certificate issued by the competent authorities of the sending State. He shall enjoy personal inviolability and shall not be liable to arrest or detention. Consular couriers ad hoc must be provided with certificates of courier ad hoc issued by the competent authorities of the sending State, and shall enjoy the same immunities as the consular courier while charged with the carrying of the consular bag. A consular bag may be entrusted to the captain of a commercial aircraft or a commercial ship. He must be provided with an official document issued by the consigner State indicating the number of packages constituting the bag, but he shall not be regarded as a consular courier. By arrangement with the competent authorities of the appropriate Chinese local people's government, the consular post may send its members to receive the consular bag from the captain of the aircraft or of the ship or deliver it to him. Article 12 The person of a consular officer shall be inviolable. The Chinese authorities concerned shall take appropriate measures to prevent any attack on his personal freedom and dignity. Consular officers shall not be liable to arrest or detention, except that the arrest or detention is executed in the case of a grave crime and by following legal procedures. Consular officers shall not be committed to prison save in execution of a judicial decision of final effect. Article 13 The residence of a consular officer shall be inviolable. His papers and correspondence shall be inviolable. His property, except as provided in Article 14 of the present Regulations, shall be inviolable. Article 14 Consular officers and members of the administrative and technical staff of the consular post shall enjoy immunity from judicial and administrative jurisdiction in respect of acts performed in the exercise of their functions. Immunity from jurisdiction of consular officers in respect of acts other than those performed in the exercise of their functions shall be accorded in accordance with the bilateral treaties and agreements between China and other countries concerned or on the principle of reciprocity. Immunity from judicial jurisdiction enjoyed by consular officers and members of the administrative or technical staff of the consular post shall not apply to any of the following civil actions: (1) an action arising out of a contract not concluded expressly as an agent of the sending State; (2) an action relating to private immovable property situated in the territory of China, unless they hold it as an agent of the sending State for the purposes of the consular post. (3) an action relating to succession in which he is involved as a private person; or (4) an action for damages arising from an accident in China caused by a vehicle, vessel or aircraft. Article 15 Members of a consular post may be called upon to attend as witnesses in the course of judicial or administrative proceedings, but shall be under no obligation to give testimony concerning matters connected with the exercise of their functions. They are entitled to decline to give testimony as expert witnesses with regard to the law of the sending State. If consular officers should decline to give testimony, no coercive measure or penalty may be applied to them. Members of the administrative or technical staff of the consular post and members of the service staff shall not decline to give testimony except in cases concerning matters connected with the exercise of their functions. Article 16 The immunity from jurisdiction enjoyed by the persons concerned specified in the present Regulations may be waived through explicit expression by the Government of the sending State. The initiation of proceedings by a person enjoying immunity from jurisdiction in accordance with the provisions of the present Regulations shall preclude him from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the claim. Waiver of immunity from civil or administrative jurisdiction shall not imply waiver of immunity in respect of the execution of the judgment, for which a separate and explicit waiver by the Government of the sending State shall be necessary. Article 17 Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all dues and taxes, except: (l) dues and taxes of a kind which are normally incorporated in the price of goods or services; (2) dues or taxes on private immovable property situated in the territory of China, excepting that used as the consular premises; (3) estate, succession or inheritance duties, except that movable property left in China by a deceased consular officer shall be exempt therefrom; (4) dues and taxes on private income having its source in China; or (5) charges levied for specific services rendered. Members of the service staff of the consular post shall be exempt from dues and taxes on the wages which they receive for their service in the consular post. Article 18 Members of the consular post shall be exempt from all personal and public services as well as military obligations. Consular officers and members of the administrative or technical staff of the consular post shall be exempt from all obligations under the laws and regulations of China in regard to the registration of aliens and residence permits. Article 19 Imported articles for the official use of the consular post, those for the personal use of consular officers, and those for the personal use of members of the administrative or technical staff of the consular post, including articles intended for their establishment, imported within six months of the time of installation shall, in accordance with the relevant regulations of the Chinese Government, be exempt from customs duties and all other related dues and taxes with the exception of charges for storage, cartage and similar services. Imported articles for the personal use of the consular officers and the members of the administrative or technical staff of the consular post referred to in the preceding paragraph shall not exceed the quantities necessary for their direct utilization. The personal baggage of a consular officer shall be exempt from inspection, unless the competent Chinese authorities have serious reason to believe that it contains articles not within the exemptions provided for in the first paragraph of this Article, or articles the import or export of which is prohibited or controlled by Chinese laws and government regulations. Such inspection shall be conducted in the presence of the consular officer or of his authorized representative. Article 20 The consular post and its members may carry firearms and bullets into or out of China for their personal use, subject to the approval of the Chinese Government and to its relevant regulations. Article 21 The spouse and underage children of consular officers, of members of the administrative or technical staff of the consular post, or of members of the service staff of the consular post forming part of their respective households, except those who are nationals of China or aliens permanently residing in China, shall respectively enjoy the privileges and immunities accorded to the consular officers, the members of the administrative or technical staff of the consular post or the members of the service staff of the consular post in accordance with the provisions of Articles 7, 17, 18, or 19 of the present Regulations. Article 22 Consular officers who are nationals of China or aliens permanently residing in China shall enjoy the privileges and immunities provided for in the present Regulations only in respect of acts performed in the course of official duties. Members of the administrative or technical staff of the consular post and members of the service staff of the consular post who are nationals of China or aliens permanently residing in China shall not enjoy the privileges and immunities provided for in the present Regulations except that they shall have no obligation to give evidence concerning matters connected with the exercise of their functions. Private attendants shall not enjoy the privileges and immunities provided for in the present Regulations. Article 23 The following persons shall enjoy necessary immunity and inviolability during their transit through or sojourn in China: (1) a consular officer stationed in a third State who passes through China together with his spouse and underage children forming part of his household; and (2) a visiting foreign consular officer who has obtained a diplomatic visa from China or who holds a diplomatic passport of a State with which China has an agreement on the mutual exemption of visas. Article 24 Persons enjoying consular privileges and immunities under the present Regulations shall: (1) respect Chinese laws and regulations; (2) not interfere in the internal affairs of China; and (3) not use the premises of the consular post and the residence of members of the consular post for purposes incompatible with the exercise of consular functions. Article 25 Consular officers shall not practise for personal profit any professional or commercial activity outside his official functions on Chinese territory. Article 26 In case the consular privileges and immunities accorded by a foreign State to the Chinese consular post and its members in that State and to transitting or visiting Chinese consular officers stationed in a third State are different from those China would give under the present Regulations to the consular post of that State and its members in China and its transitting or visiting consular officers stationed in a third State, the Chinese Government may accord them such consular privileges and immunities as appropriate on a reciprocal basis. Article 27 Where the international treaties to which China is a contracting or acceding party provide otherwise in respect of consular privileges and immunities, such provisions shall prevail, with the exception of those on which China has declared reservations. Where the bilateral treaties or agreements between China and other countries provide otherwise in respect of consular privileges and immunities, such provisions shall prevail. Article 28 For the purposes of the present Regulations, the following expressions shall have the meanings hereunder assigned to them: (1) "consular post" means any consulate-general, consulate, vice-consulate or consular agency; (2) "consular district" means the area assigned to a consular post for the exercise of consular functions; (3) "head of consular post" means the consul-general, consul, vice-consul or consular agent charged by the sending State with the duty of leading the consular post; (4) "consular officer" means the consul-general, vice-consul-general, consul, vice-consul and consular attache or consular agent; (5) "members of the administrative or technical staff of the consular post'' mean the members of the staff of the consular post engaged in the administrative or technical work of the consular post; (6) "members of the service staff" mean the members of the staff of the consular post engaged in the domestic service of the consular post; (7) "members of the consular post" mean consular officers, members of the administrative or technical staff of the consular post and members of the service staff of the consular post; (8) "private attendant" means an attendant in the private employment of a member of the consular post; (9) "consular premises" mean the buildings or parts of buildings and the land ancillary thereto used exclusively for the purposes of the consular post. Article 29 The present Regulations shall enter into force as of the date of promulgation. Long title To confirm the Bills passed by the Provisional Legislative Council before 1 July 1997, endorse the appointment of judges of the Court of Final Appeal and the Chief Judge of the High Court, assist the interpretation on and after 1 July 1997 of laws previously in force in Hong Kong, continue those laws and confirm certain other laws, establish the High Court, the District Court, magistracies and other courts, tribunals and boards, continue legal proceedings, the criminal justice system, the administration of justice and the course of public justice on and after 1 July 1997, continue the public service on and after 1 July 1997, assist the construction of certain documents on and after 1 July 1997, transfer the ownership of certain property and rights and provide for the assumption of certain liabilities on and after 1 July 1997, in consequence of the resumption of the exercise of sovereignty over Hong Kong by the People's Republic of China, and for connected purposes. [1 July 1997] WHEREAS- The Joint Declaration of the Government of the People's Republic of China and the Government of the United Kingdom of Great Britain and Northern Ireland on the Question of Hong Kong signed at Beijing on 19 December 1984 records the basic policies of the People's Republic of China regarding Hong Kong; The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China promulgated by the President of the People's Republic of China on 4 April 1990 provides for the implementation of the basic policies of the People's Republic of China regarding Hong Kong in its political, executive, legislative, judicial, administrative, economic and social aspects while recognizing the role of the Central People's Government of the People's Republic of China in defence and foreign affairs in respect of the Hong Kong Special Administrative Region; The Preparatory Committee for the Hong Kong Special Administrative Region of the People's Republic of China, exercising powers delegated to it by the National People's Congress of the People's Republic of China, established the Provisional Legislative Council of the Hong Kong Special Administrative Region by resolution passed on 24 March 1996, inter alia, for the purpose of considering and passing legislation particularly in anticipation of the reunification and during the transition period immediately before and immediately after that event and for the proper administration of the Hong Kong Special Administrative Region including the confirmation of anticipatory acts done prior to 1 July 1997; The National People's Congress, in exercising its powers under Article 160 of the Basic Law on 23 February 1997, resolved which of the laws previously in force in Hong Kong are to be adopted as the valid laws of the Hong Kong Special Administrative Region and the principles on which those laws should be construed and adapted; It is necessary to confirm certain acts, in particular the acts referred to in the long title to this Ordinance, done before the reunification and resumption of the exercise of sovereignty by the People's Republic of China as valid acts, to provide for the continuation of the administration of justice and the public service and to provide for associated matters to ensure the continuity of the social order of Hong Kong, THEREFORE this Ordinance is enacted by the Provisional Legislative Council. Short title Continuity of legal proceedings, criminal justice system and administration of justice Saving of judgments, etc. Rights of audience Barristers and solicitors Notaries public Pending proceedings Vesting of rights Existing instruments Civil proceedings Criminal proceedings PART I GENERAL This Ordinance may be cited as the Hong Kong Reunification Ordinance. Interpretation Limitation periods Construction of judgments, etc. Continuance of public service Continuance of office Continuance of powers Previous acts Delegations generally Delegations relating to land Other delegations by the Governor Documents not invalid In this Ordinance, unless the context otherwise requires- "Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China; "HKSAR" (特區) means the Hong Kong Special Administrative Region of the People's Republic of China; "Provisional Legislative Council" (臨時立法會) means the Provisional Legislative Council of the HKSAR; "public officer" (公職人員), in relation to the period before 1 July 1997, includes the Governor, the Governor in Council and any employee of the Government of Hong Kong, and in relation to the period after 30 June 1997, includes the Chief Executive, the Chief Executive in Council and any employee of the Government of the HKSAR. Section added PART IV INTERPRETATION OF LAWS PREVIOUSLY IN FORCE The Interpretation and General Clauses Ordinance (Cap 1) is amended by adding- "2A. Laws previously in force (1) All laws previously in force shall be construed with such modifications, adaptations, limitations and exceptions as may be necessary so as not to contravene the Basic Law and to bring them into conformity with the status of Hong Kong as a Special Administrative Region of the People's Republic of China. (2) Without prejudice to the generality of subsection (1), in any Ordinance- (a) provisions relating to foreign affairs in respect of the Hong Kong Special Administrative Region which are inconsistent with any national law applied in the Hong Kong Special Administrative Region shall be construed subject to that national law and shall be so construed as to be consistent with the international rights and obligations of the Central People's Government of the People's Republic of China; (b) provisions conferring privileges on the United Kingdom or other Commonwealth countries or territories, other than provisions giving effect to reciprocal arrangements between Hong Kong and the United Kingdom or other Commonwealth countries or territories shall have no further effect; (c) provisions relating to the rights, exemptions and obligations of military forces stationed in Hong Kong by the United Kingdom shall, subject to the provisions of the Basic Law and the Garrison Law of the Hong Kong Special Administrative Region of the People's Republic of China, continue to have effect and apply to the military forces stationed in the Hong Kong Special Administrative Region by the Central People's Government of the People's Republic of China; (d) provisions relating to the superior legal status of the English language as compared with the Chinese language shall be construed as providing that both the English and Chinese languages are to be official languages; and (e) provisions applying any English law may continue to be applicable by reference thereto as a transitional arrangement pending their amendment by the Hong Kong Special Administrative Region through the Legislature thereof, provided that they are not prejudicial to the sovereignty of the People's Republic of China and do not contravene the provisions of the Basic Law. (3) In all laws previously in force words and expressions listed in Schedule 8 shall be construed according to that Schedule. (4) In this section- "Basic Law" (《基本法》) means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China; "laws previously in force" (原有法律) means the common law, rules of equity, Ordinances, subsidiary legislation and customary law in force immediately before 1 July 1997 and adopted as laws of the Hong Kong Special Administrative Region.". Schedule added The Interpretation and General Clauses Ordinance (Cap 1) is amended by adding- "SCHEDULE 8 [section 2A(3)] CONSTRUCTION ON AND AFTER 1 JULY 1997 OF WORDS AND EXPRESSIONS IN LAWS PREVIOUSLY IN FORCE 1. Any reference in any provision to Her Majesty, the Crown, the British Government or the Secretary of State (or to similar names, terms or expressions) where the content of the provision- (a) relates to title to land in the Hong Kong Special Administrative Region; (b) involves affairs for which the Central People's Government of the People's Republic of China has responsibility; (c) involves the relationship between the Central Authorities and the Hong Kong Special Administrative Region,shall be construed as a reference to the Central People's Government or other competent authorities of the People's Republic of China. 2. Any reference in any provision to Her Majesty, the Crown, the British Government or the Secretary of State (or to similar names, terms or expressions) in contexts other than those specified in section 1 shall be construed as a reference to the Government of the Hong Kong Special Administrative Region. 3. Any reference to Her Majesty in Council or to the Privy Council, where the content of the provision relates to appellate jurisdiction in relation to Hong Kong, shall be construed as a reference to the Hong Kong Court of Final Appeal. 4. Any reference to Her Majesty in Council or to the Privy Council in contexts other than its appellate jurisdiction shall be construed in the same manner as references to Her Majesty are construed under sections 1 and 2. 5. Any reference to a Government agency which bears a name which includes the word "Royal" shall be read- (a) as if the word "Royal" were omitted; and (b) as a reference to the corresponding Government agency of the Hong Kong Special Administrative Region. 6. Any reference to the Colony of Hong Kong (or to similar names, terms or expressions) shall be construed as a reference to the Hong Kong Special Administrative Region and any reference to the boundaries of the Colony of Hong Kong shall be construed as a reference to the boundaries as specified in the map of the administrative division of the Hong Kong Special Administrative Region published by the State Council of the People's Republic of China. 7. Any reference to the Supreme Court of Hong Kong shall be construed as a reference to the High Court of the Hong Kong Special Administrative Region. 8. Any reference to the Court of Appeal of Hong Kong shall be construed as a reference to the Court of Appeal of the High Court of the Hong Kong Special Administrative Region. 9. Any reference to the High Court of Justice of Hong Kong shall be construed as a reference to the Court of First Instance of the High Court of the Hong Kong Special Administrative Region. 10. Any reference to "地方法院" shall be construed as a reference to "區域法院". 11. Any reference to the Governor of Hong Kong or to the Governor in Council shall be construed as a reference to the Chief Executive of the Hong Kong Special Administrative Region or the Chief Executive in Council respectively. 12. Any reference to the Chief Justice of the Supreme Court of Hong Kong shall be read as a reference to the Chief Judge of the High Court of the Hong Kong Special Administrative Region. 13. Any reference to"上訴法院大法官" shall be construed as a reference to "高等法院上訴法庭法官". 14. Any reference to a judge of the High Court shall be construed as a reference to a judge of the Court of First Instance. 15. Any reference in the Chinese version of any law to the Legislative Council, the Judiciary or the Executive Authorities or to the officers of those bodies shall be construed in accordance with the relevant provisions of the Basic Law. 16. Any reference in any law to the Legislative Council shall, as the case may require, be construed as including a reference to the Provisional Legislative Council. 17. Any reference to the People's Republic of China or to China (or to similar names, terms or expressions) shall be construed as a reference to the People's Republic of China as including Taiwan, the Hong Kong Special Administrative Region and Macau. 18. Any reference to the Mainland, Taiwan, Hong Kong or Macau (whether separately or concurrently) shall be construed as a reference to the Mainland, Taiwan, Hong Kong or Macau, as the case may be, as a part of the People's Republic of China. 19. Any reference to a foreign country or foreign state (or to similar terms or expressions) shall be construed as a reference to a country or territory other than the People's Republic of China or as a reference to any place other than the Hong Kong Special Administrative Region, depending on the content of the relevant law. 20. Any reference to an alien (or to similar terms or expressions) shall be construed as a reference to a person other than a citizen of the People's Republic of China. 21. Any provision saving the rights of Her Majesty, Her Heirs and Successors shall be construed as saving the rights of the Central People's Government of the People's Republic of China and the rights of the Government of the Hong Kong Special Administrative Region under the Basic Law or other laws. 22. This Schedule applies unless the context otherwise requires.". Maintenance of previous laws (1) The laws previously in force in Hong Kong, that is the common law, rules of equity, Ordinances, subsidiary legislation and customary law, which have been adopted as the laws of the HKSAR, shall continue to apply. (2) Without prejudice to subsection (1), legislation enacted in respect of the budget for the 1997-98 financial year is confirmed. Establishment of High Court PART V ESTABLISHMENT OF COURTS, ETC. Section 3 of the Supreme Court Ordinance (Cap 4) is repealed and the following substituted- "3. High Court (1) There shall be a High Court of the Hong Kong Special Administrative Region consisting of the Court of First Instance and the Court of Appeal. (2) Subject to the provisions of this Ordinance, the High Court shall be a court of unlimited civil and criminal jurisdiction.". The District Court and miscellaneous courts, etc. (1) The District Court, magistracies and every other court (apart from the Supreme Court), statutory tribunal or statutory board in existence immediately before 1 July 1997 are on that date established as the District Court, magistracies, courts, statutory tribunals and statutory boards, as the case may be, of the HKSAR. (2) The law applicable to each body referred to in subsection (1) immediately before 1 July 1997 shall on and from that date apply to that body as established under subsection (1). Saving of judgments, etc. All acts done by a court, magistrate, statutory tribunal or statutory board before 1 July 1997 shall (subject to any applicable time limits) on and after that date, continue to have effect and, as the case may require, be regarded as acts done by the corresponding court, magistrate, tribunal or board of the HKSAR. Rights of audience Every person who immediately before 1 July 1997 enjoyed a right of audience before any court, magistrate, statutory tribunal or statutory board shall on and after that date continue to enjoy such right before the corresponding court, magistrate, tribunal or board of the HKSAR. Barristers and solicitors Every person admitted as a barrister or solicitor of the Supreme Court shall on and after 1 July 1997 be deemed to have been admitted as a barrister or solicitor, as the case may be, of the High Court of the HKSAR. Notaries public (1) Every notary public who immediately before 1 July 1997 was registered on the register of notaries public kept by the Registrar of the High Court under section 41 of the Legal Practitioners Ordinance (Cap 159) shall on and after that date continue to be a notary public with all the powers which immediately before that date were exercisable by a notary public under the law of Hong Kong. (2) Without affecting the generality of subsection (1), the reference to powers therein includes a reference to- (a) the power to attest, authenticate or certify the due execution of documents; (b) the power to note or protest bills of exchange and to attest, by an act of honour, payment thereof for honour supra protest; (c) the power to administer oaths, affirmations or declarations. (3) Subsection (1) shall not be construed as affecting- (a) any power which is for the time being conferred (either exclusively or inter alia) by or under the law of a country or territory outside Hong Kong on notaries outside the jurisdiction of that country or territory; (b) any power which is for the time being conferred on notaries by the law of nations or which is so conferred by the law of a community, association or group of states established by or formed pursuant to a treaty, convention or other international agreement. (4) Where a power described in paragraph (a) or (b) of subsection (3) is conferred by or under a law so described on notaries of 1 or more specified classes or descriptions, subsection (3) shall be construed and have effect in accordance with that law. (5) (a) In subsection (1) "powers" (權力) includes functions and duties and that subsection shall be construed and have effect accordingly. (b) The references in subsection (3)(a) to a country shall be construed as including references to part of a country. Pending proceedings (1) All proceedings, including appeals, pending in any court, statutory tribunal or statutory board or before any magistrate immediately before 1 July 1997 may be continued on and after that date and shall be treated as if they had been pending in the corresponding court, tribunal or board or before the corresponding magistrate of the HKSAR. (2) Any proceedings pending in any court, statutory tribunal or statutory board or before any magistrate by or against a public officer immediately before 1 July 1997 shall on and after that date be deemed to have been brought by or against, as the case may be, the corresponding public officer in the HKSAR. (3) Any proceedings brought by, in the name of or against the Queen which are pending in any court, statutory tribunal or statutory board or before any magistrate immediately before 1 July 1997 shall on and after that date be deemed to have been brought by, in the name of or against, as the case may be, the HKSAR. Vesting of rights (1) Where immediately before 1 July 1997 the Crown, the Queen or a public officer enjoyed a right (including a contingent light)- (a) to bring proceedings; (b) to appeal; (c) to apply for a review of a decision; or (d) to apply for a case to be stated, in or to any court, magistrate, statutory tribunal or statutory board such right shall on and after that date vest in the Government of the HKSAR or in the corresponding public officer of that Government, as the case may require. (2) Where immediately before 1 July 1997 any person enjoyed a right (including a contingent right) involving the Crown, the Queen or a public officer- (a) to bring proceedings; (b) to appeal; (c) to apply for a review of a decision; or (d) to apply for a case to be stated, in or to any court, magistrate, statutory tribunal or statutory board such right shall on and after that date continue to be enjoyed and shall be deemed to involve the Government of the HKSAR or the corresponding public officer, as the case may require. Existing instruments All instruments (including warrants and summonses) that impose rights or obligations on any person, which were issued in the name of or on behalf of the Crown or the Queen or by a public officer shall, on and after 1 July 1997, continue to have effect and, as the case may require, be deemed to be issued in the name of or on behalf of the Government of the HKSAR or by the corresponding public officer in the HKSAR, as the case may be. Civil proceedings Civil proceedings which immediately before 1 July 1997 could have been brought by or against the Government of Hong Kong in the name of the Attorney General may on and after that date be brought by or against, as the case may be, the Government of the HKSAR in the name of the Secretary for Justice. Criminal proceedings Criminal proceedings which immediately before 1 July 1997 could have been brought by, in the name of or against the Crown may on and after that date be brought by, in the name of or against, as the case may be, the HKSAR. Limitation periods Nothing in this Part shall be construed as extending any period of limitation within which any action or other proceeding must be brought. Construction of judgments, etc. For the purpose of giving effect to the foregoing provisions of this Part and with effect on and from 1 July 1997 in any judgment, direction, penalty, decree, order, record or instrument given, imposed, issued or made before that date- (a) any reference to the Crown or the Queen (or to similar names or terms) shall- (i) in the case of a prosecution brought in the name of the Crown, be construed as a reference to the HKSAR; and (ii) in any other case, be construed as a reference to the Government of the HKSAR; (b) any reference to a public officer shall be construed as a reference to the corresponding public officer in the HKSAR; and (c) any reference to a court, magistracy, statutory tribunal or statutory board shall be construed as a reference to the corresponding court, magistracy, tribunal or board of the HKSAR. Continuance of public service PART VII CONTINUITY OF PUBLIC SERVICE (1) Subject to this Ordinance, the continuity of the public service and the powers and duties of public officers shall not be affected by the resumption of the exercise of sovereignty over Hong Kong by the People's Republic of China. (2) The following provisions of this Part are without prejudice to the generality of the principle stated in subsection (1). Continuance of office (1) Subject to subsection (2), a person who immediately before 1 July 1997 held office in the public service of Hong Kong shall on and after that date continue to hold the corresponding office in the public service of the HKSAR. (2) Subsection (1) shall not apply- (a) where the corresponding office in question is the office of a principal official; or (b) to a person who leaves the service on 30 June 1997 or starts his final leave on or before 1 July 1997. (3) All contracts of employment between the Government of Hong Kong and public officers in force immediately before 1 July 1997 which remain in force on and after that date shall on and after that date be regarded as contracts of employment with the Government of the HKSAR and in the case where an executive order relating to the public service made by the Chief Executive applies to a public officer his contract of employment is subject to the terms of that executive order. Continuance of powers (1) Subject to subsection (2), all common law powers and statutory powers under Ordinances adopted as laws of the HKSAR which were vested in public officers, and extant immediately before 1 July 1997 (except for those that are inconsistent with the Basic Law), shall on and after that date continue in existence and vest in the corresponding public officers in the HKSAR. (2) Those prerogative powers (including rights, privileges and immunities) exercisable by a public officer immediately before 1 July 1997, except for those that are inconsistent with the Basic Law, shall on and after that date continue in existence, vest in the Chief Executive and be exercisable by the corresponding public officer in the HKSAR. Previous acts (1) All acts done before 1 July 1997 by, to or in relation to a public officer under a common law power or a statutory power under an Ordinance adopted as a law of the HKSAR, shall on and after that date remain valid to the extent that they were valid immediately before that date and are not inconsistent with the Basic Law, and be deemed to have been done by, to or in relation to, as the case may be, the corresponding public officer in the HKSAR. (2) In subsection (1), "acts done" (作出的作為) includes acts delegating any powers and acts done in the exercise of a power by a delegate. Delegations generally All powers and duties delegated to a public officer which were in force immediately before 1 July 1997 shall, where a corresponding power of delegation (whether express or implied) exists on and after that date, be deemed to have been delegated to the corresponding public officer in the HKSAR. Delegations relating to land All delegations to a public officer of the power of the Governor to grant or dispose of land which were in force immediately before 1 July 1997 shall on and after that date continue in force and be deemed to be delegations to the corresponding public officer in the HKSAR of the power of the Chief Executive to lease or grant State land. Other delegations by the Governor All delegations to a public officer of powers (other than those referred to in section 27) vested in or exercisable by the Governor which were in force immediately before 1 July 1997 shall, to the extent that similar powers are vested in or are exercisable by the Chief Executive, on and after that date continue in force and be deemed to have been made by the Chief Executive to the corresponding public officer in the HKSAR. Documents not invalid PART VIII DOCUMENTS (1) No document shall be held to be invalid or ineffectual only because it refers to the Crown, the Queen or the Government of Hong Kong or to a department or public officer of the Government of Hong Kong. (2) All documents issued or sold by the Government of Hong Kong or the Government of the HKSAR shall, subject to express provision to the contrary, on and after 1 July 1997 be construed as if- (a) any reference to the Crown, the Queen (or to similar names or terms), or to the Government of Hong Kong were a reference to the Government of the HKSAR; (b) any reference to a department or public officer of the Government of Hong Kong were a reference to the corresponding department or public officer, as the case may be, of the Government of the HKSAR. Property of HKSAR Government PART IX GOVERNMENT PROPERTY (1) For the avoidance of doubt, it is declared that all property, rights and liabilities vested in or belonging to the Crown or the Government of Hong Kong immediately before 1 July 1997 have been on and from that date, subject to the Basic Law, vested in or transferred to the Government of the HKSAR. (2) All contracts, agreements, arrangements and undertakings entered into with and all securities given to or by the Crown or the Government of Hong Kong shall be deemed on and from 1 July 1997 to have been entered into with or given to or by, as the case may be, the Government of the HKSAR. (3) All contracts, agreements, arrangements, undertakings and securities referred to in subsection (2) shall, subject to express provision to the contrary, on and from 1 July 1997 be construed as if- (a) references to the Crown or the Government of Hong Kong were references to the Government of the HKSAR; and (b) references to a public officer were references to the corresponding public officer in the HKSAR. (4) All moneys including taxes, rents, fees and charges that immediately before 1 July 1997 were due or payable to the Crown or the Government of Hong Kong shall on and after that date become due or payable, as the case may be, to the Government of the HKSAR. (5) In this section- "Crown" (官方) means the Crown in right of the Government of Hong Kong. Authorities established by the Hong Kong Government (1) Every authority established by the Government of Hong Kong which was in existence immediately before 1 July 1997 shall on and after that date continue in existence and be deemed to be an authority established by the Government of the HKSAR. (2) All property, rights and liabilities which immediately before 1 July 1997 were vested in or belonged to an authority established by the Government of Hong Kong shall on and from that date be vested in or transferred to the corresponding authority of the HKSAR. (3) All contracts, agreements, arrangements and undertakings entered into with and all securities given to or by an authority established by the Government of Hong Kong shall be deemed on and from 1 July 1997 to have been entered into with or given to or by, as the case may be, the corresponding authority of the HKSAR. (4) All contracts, agreements, arrangements, undertakings and securities referred to in subsection (3) shall, subject to express provision to the contrary, on and from 1 July 1997 be construed as if references to an authority established by the Government of Hong Kong or to an officer or employee of that authority were references to the corresponding authority or officer or employee thereof, as the case may be, of the HKSAR. (5) In this section- "authority" (當局) includes any advisory or other committee or body. Lease or grant of land and natural resources The Chief Executive may on behalf of the Government of the HKSAR lease or grant land and natural resources within the HKSAR which are State property. BILLS PASSED BY THE PROVISIONAL LEGISLATIVE COUNCILBEFORE 1 JULY 1997 IN ANTICIPATION OF THE REUNIFICATION [section 3] 1. Holidays (1997 and 1998) Bill. 2. Urban Council (Amendment) Bill 1997. 3. Regional Council (Amendment) Bill 1997. 4. District Boards (Amendment) Bill 1997. 5. The Legislative Council Commission (Amendment) Bill 1997. 6. National Flag and National Emblem Bill. 7. Regional Flag and Regional Emblem Bill. 8. Societies (Amendment) Bill 1997. 9. Public Order (Amendment) Bill 1997. 10. Hong Kong Court of Final Appeal (Amendment) Bill 1997. 11. Judicial Service Commission (Amendment) Bill 1997. 12. Immigration (Amendment) (No. 3) Bill 1997. 13. Oaths and Declarations (Amendment) Bill 1997. ENDORSED APPOINTMENTS OF JUDGES [section 4] 1. The appointment of Mr Andrew Li Kwok Nang as the first Chief Justice of the Court of Final Appeal. 2. The appointment of- (a) Mr Henry Denis Litton; (b) Mr Charles Ching; and (c) Mr Syed Kemal Bokhary, as the first three permanent judges of the Court of Final Appeal. 3. The appointment of Mr Patrick Chan Siu Oi as the first Chief Judge of the High Court. Long title To provide for the use and protection of the national flag and national emblem in the Hong Kong Special Administrative Region and for incidental matters. [1 July 1997] Short title Stipulations not subsidiary legislation (1) This Ordinance may be cited as the National Flag and National Emblem Ordinance. (2) (Omitted as spent) Interpretation (1) In this Ordinance, unless the context otherwise requires- "national emblem" (國徽) means the national emblem of the People's Republic of China adopted by the Eighth Session of the Central People's Government Committee on 28 June 1950; "national flag" (國旗) means the national flag of the People's Republic of China adopted by resolution of the First Plenary Session of the Chinese People's Political Consultative Conference on 27 September 1949; "specifications" (規格) means the relevant specifications for the national flag or the national emblem set out in Schedules 1 and 2. (2) The specifications for the national flag are set out in Schedule 1. (3) The specifications for the national emblem are set out in Schedule 2. Use of national flag and national emblem (1) The national flag or the national emblem or both must be displayed at main Government buildings. (2) The Chief Executive may stipulate the organizations which must display or use the national flag and the national emblem, and the other places at which, the occasions on which, the manner in which and the conditions under which, the national flag and the national emblem must be displayed or used. The Chief Executive may also authorize, restrict or prohibit the display or use of the national flag, the national emblem or their designs in the stipulation. (3) The Chief Executive may stipulate the organizations that must include the design of the national emblem in their seals. The Chief Executive may stipulate other uses to which the national emblem may be applied. (4) Schedule 3 specifies the conditions under which the national flag is flown at half staff, the priority of the national flag and the raising and lowering of the national flag. Damaged national flag and national emblem not to be used A national flag or a national emblem which is damaged, defiled, faded or substandard must not be displayed or used. Manufacture of national flag and national emblem regulated (1) The national flag for flying and the national emblem for hanging may be manufactured in the Hong Kong Special Administrative Region only by enterprises designated by the Central People's Government. (2) The national flag must be manufactured in accordance with the specifications set out in Schedule 1. (3) The national emblem must be manufactured in accordance with the specifications set out in Schedule 2. The display or use of the national emblem in unusual dimensions is subject to the prior approval of the Central People's Government. (4) If a person manufactures a national flag or national emblem other than in accordance with this section, the Secretary of Justice may apply to the District Court- (a) for an injunction to prohibit the unauthorized manufacture or manufacture of the flag or emblem that does not meet the specifications; and (b) for an order of forfeiture of the flag, emblem and other materials used in the manufacture of the flag or emblem. (5) If the District Court is satisfied that the application is well founded, it may grant the injunction and order that the flag, emblem and other materials used in the manufacture of the flag or emblem be forfeited to the Government. Prohibition on certain uses of national flag and national emblem (1) The national flag or its design must not be displayed or used in- (a) trademarks or advertisements; (b) private funeral activities; or (c) other occasions on which or places at which the display or use of the national flag or its design is restricted or prohibited under a stipulation made by the Chief Executive. (2) The national emblem or its design must not be displayed or used in- (a) trademarks or advertisements; (b) furnishings or ornaments in everyday life; (c) private activities of celebration or condolence; or (d) other occasions on which or places at which the display or use of the national emblem or its design is restricted or prohibited under a stipulation made by the Chief Executive. (3) A person who without lawful authority or reasonable excuse displays or uses the national flag, national emblem or the design of the national flag or of the national emblem contrary to subsection (1) or (2) commits an offence and is liable on summary conviction- (a) for an offence against subsection (1)(a) or (2)(a), to a fine at level 5; and (b) for an offence against subsection (1)(b) or (c) or (2)(b), (c) or (d), to a fine at level 2. Protection of national flag and national emblem A person who desecrates the national flag or national emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 years. Copy of national flag or national emblem A copy of the national flag or national emblem that is not an exact copy but that so closely resembles the national flag or national emblem as to lead to the belief that the copy in question is the national flag or national emblem is taken to be the national flag or national emblem for the purposes of this Ordinance. Application of regional laws (1) Offences in relation to the national flag and the national emblem in the Hong Kong Special Administrative Region are investigated and persons are prosecuted according to the laws in force in the Hong Kong Special Administrative Region. (2) If there are inconsistencies between this Ordinance and a national law promulgated under Annex III of the Basic Law, this Ordinance is to be interpreted and applied as a special application or adaptation of the national law. Stipulations not subsidiary legislation A stipulation made by the Chief Executive under this Ordinance is not subsidiary legislation. The stipulation must be published in the Gazette as soon as is reasonably practicable after it is made. SPECIFICATIONS FOR THE NATIONAL FLAG OF THE PEOPLE'S REPUBLIC OF CHINA [sections 2 & 5] The shape and colour of either side of the national flag shall be identical, whereas the five stars on both sides of the flag shall be opposite to each other. For the sake of convenience, these specifications shall take the circumstances where the staff is on the left as the basis for illustration. Where the staff is on the right, the word "left" used in these specifications shall all be changed to "right", while the word "right" referring to direction shall all be changed to "left". (1) The face of the flag shall be red and rectangular; the proportions of its length and height hall be 3 to 2. The upper left of the face of the flag shall be studded with five yellow five-pointed stars. One of the stars shall be bigger than the others, with its circumcircle's diameter being 3/10ths of the height of the flag, and shall be placed in the left; the four other stars shall be smaller, with their circumcircle's diameter being 1/10th of the height of the flag, encircling the big star on its right in the shape of an arc. The cover of the staff shall be white. (2) The five stars shall be positioned and drawn as follows: a. To determine the position of the five stars, the face of the flag shall be first folded both ways to form four equal rectangles; then the rectangle on the upper left shall be vertically divided into 10 equal sections and horizontally divided into 15. b. The central point of the big five-pointed star shall be at a point in the rectangle where the 5th line from above (or the 5th line from below), and the 5th line from the left (or the 10th line from the right) meet. The method of drawing shall be: taking this point as the centre and the length of three such equals as the radius to make a circle. On the circumference of this circle, five points with equal distances from each other shall be determined, one of the points must be in the right above position of the circle. Then connect each of the five points with every other point to form a straight line respectively. The outline formed by these five straight lines shall be the required big five-pointed star. An angle of the five-pointed star shall point in the right above direction. c. The centres of the four small five-pointed stars shall be as follows: the first shall be at a point, in the rectangle, where the 2nd line from above (or the 8th line from below), and the 10th line from the left (or the 5th line from the right) meet; the second shall be at a point where the 4th line from above (or the 6th line from below), and the 12th line from the left (or the 3rd line from the right) meet; the third shall be at a point where the 7th line from above (or the 3rd line from below), and the 12th line from the left (or the 3rd line from the right) meet; the fourth shall be at a point where the 9th line from above (or the 1st line from below), and the 10th line from the left (or the 5th line from the right) meet. The method for drawing shall be : taking each of the above four points as the centre and the length of one such equal as the radius to make four circles. On each circle, five points with equal distances from each other shall be determined. One of such points must be on the line linking the centre of the circle with the centre of the big five-pointed star. Then the same methods used in forming the big five-pointed star shall be used to form the small five-pointed stars. The four small five-pointed stars shall respectively have an angle pointing right at the centre of the big five-pointed star. (3) The measurement in common use for the national flag, from which people from various circles may choose at their discretion shall be as follows: a. 288 cm in length, 192 cm in height; b. 240 cm in length, 160 cm in height; c. 192 cm in length, 128 cm in height; d. 144 cm in length, 96 cm in height; e. 96 cm in length, 64 cm in height. Design for making the national flag SPECIFICATIONS FOR THE NATIONAL EMBLEM OF THE PEOPLE'S REPUBLIC OF CHINA [sections 2 & 5] The People's Republic of China's National Emblem The national emblem consists of a national flag, Tian'anmen, a cogwheel and wheat and rice stems and heads, symbolizing the birth of New China under people's democratic dictatorship which is led by the working class and based on the alliance of workers and peasants through the Chinese people's new-democratic revolutionary struggle ever since the May 4th Movement. 1. Two bunches of wheat and rice form a round ring. A cogwheel is placed where the wheat and rice stems cross at the base. Red ribbon forms a knot in the centre of the cogwheel. The red ribbon coils up the wheat and rice on the left and right of the cogwheel and hangs down, dividing the cogwheel into an upper and a lower part. 2. If a vertical straight line is drawn in the centre of the design, the left and right parts are completely symmetrical. 3. The positions and measurements of the various parts of the design may be enlarged or reduced to the scale of the squared ink line sketch. 4. If a relief sculpture is made, the height of the various parts may be magnified or lessened to the scale of the sectional drawing. 5. The national emblem is in red and gold: the wheat and rice, the five stars, Tian'anmen and the cogwheel are in gold, the base of the part within the round ring and the hanging ribbon are in red; the red is pure red (the same as the national flag); the gold is pure gold (light and bright). 6. The diameters of the usual dimensions of the national emblem for display or use are as follows: (a) 100 cm (b) 80 cm (c) 60 cm. The squared ink line sketch of the People's Republic of China's national emblem The sectional drawing of the People's Republic of China's national emblem CONDITIONS FOR FLYING THE NATIONAL FLAG AT HALF STAFF, THE PRIORITY OF THE NATIONAL FLAG AND THE RAISING AND LOWERING OF THE NATIONAL FLAG [section 3] Flying national flag at half staff 1. The national flag must be lowered to the half staff as a token of mourning when the following persons pass away- (a) President of the People's Republic of China, Chairman of the Standing Committee of the National People's Congress, Premier of the State Council and Chairman of the Central Military Commission. (b) Chairman of the National Committee of the Chinese People's Political Consultative Conference. (c) Persons who have made outstanding contributions to the People's Republic of China as the Central People's Government advises the Chief Executive. (d) Persons who have made outstanding contributions to world peace or the cause of human progress as the Central People's Government advises the Chief Executive. 2. The national flag may be flown at half staff as a token of mourning when the Central People's Government advises the Chief Executive that unfortunate events causing especially serious casualties occur or serious natural calamities have caused heavy casualties. Priority of national flag 1. When the national flag is displayed, it shall be placed in a prominent position. 2. The national flag, when raised or carried in a procession with another flag or flags, shall be in front of the other flag or flags. 3. The national flag, when displayed with another flag or flags, shall be either at the centre, above the other flag or flags, or in a position of prominence. 4. When the national flags of two or more nations are displayed in foreign affairs activities, relevant provisions of the Ministry of Foreign Affairs or the international practice shall be followed. Raising and lowering national flag 1. The national flag, when hoisted or lowered from a vertical staff, shall be hoisted or lowered slowly. When hoisted, the national flag must reach the peak of the staff; when lowered, it may not touch the ground. 2. The national flag, when flown at half staff, shall be first hoisted to the peak of the staff and then lowered to a point where the distance between the top of the flag and the peak of the staff is one third of the length of the staff; the flag, when lowered, shall be again hoisted to the peak before it is lowered. Long title To provide for the use and protection of the regional flag and regional emblem and for incidental matters. [1 July 1997] Short title (1) This Ordinance may be cited as the Regional Flag and Regional Emblem Ordinance. (2) (Omitted as spent) Interpretation (1) In this Ordinance, unless the context otherwise requires- "regional emblem" (區徽) means the regional emblem of the Hong Kong Special Administrative Region endorsed at the Fourth Plenum of the Preparatory Committee of the Hong Kong Special Administrative Region on 10 August 1996; "regional flag"(區旗) means the regional flag of the Hong Kong Special Administrative Region endorsed at the Fourth Plenum of the Preparatory Committee of the Hong Kong Special Administrative Region on 10 August 1996; "specifications" (規格) means the relevant specifications for the regional flag or the regional emblem set out in Schedules 1 and 2. (2) The specifications for the regional flag are set out in Schedule 1. (3) The specifications for the regional emblem are set out in Schedule 2. Use of regional flag and regional emblem (1) The Chief Executive may stipulate the organizations which must display or use the regional flag and the regional emblem, and the places at which, the occasions on which, the manner in which and the conditions under which, the regional flag and the regional emblem must be displayed or used. The Chief Executive may also authorize, restrict or prohibit the display or use of the regional flag, the regional emblem or their designs in the stipulation. (2) The arrangements for the display and use of the regional flag and regional emblem are set out in Schedule 3. (3) Schedule 4 specifies the conditions under which the regional flag is flown at half staff. Damaged regional flag and regional emblem not to be used A regional flag or regional emblem which is damaged, defiled, faded or substandard must not be displayed or used. Manufacture of regional flag and regional emblem regulated (1) The regional flag must be manufactured in accordance with the specifications set out in Schedule 1. (2) The regional emblem must be manufactured in accordance with the specifications set out in Schedule 2. (3) If a person manufactures a regional flag or regional emblem other than in accordance with this section, the Secretary of Justice may apply to the District Court- (a) for an injunction to prohibit the manufacture of the flag or emblem that does not meet the specifications; and (b) for an order of forfeiture of the flag, emblem and other materials used in the manufacture of the flag or emblem. (4) If the District Court is satisfied that the application is well founded, it may grant the injunction and order that the flag, emblem and other materials used in the manufacture of the flag or emblem be forfeited to the Government. Prohibition on certain uses of the regional flag and regional emblem (1) The regional flag, the regional emblem or their designs must not be displayed or used in- (a) trademarks or advertisements; or (b) other occasions on which or places at which the display or use of the regional flag or regional emblem or their designs is restricted or prohibited under a stipulation made by the Chief Executive. (2) A person who without lawful authority or reasonable excuse displays or uses the regional flag, regional emblem or the design of the regional flag or regional emblem contrary to subsection (1) commits an offence and is liable on summary conviction- (a) for an offence against subsection (1)(a), to a fine at level 5; and (b) for an offence against subsection (1)(b), to a fine at level 2. Protection of the regional flag and regional emblem A person who desecrates the regional flag or regional emblem by publicly and wilfully burning, mutilating, scrawling on, defiling or trampling on it commits an offence and is liable- (a) on conviction on indictment to a fine at level 5 and to imprisonment for 3 years; and (b) on summary conviction to a fine at level 3 and to imprisonment for 1 year. Copy of the regional flag or the regional emblem A copy of the regional flag or regional emblem that is not an exact copy but that so closely resembles the regional flag or regional emblem as to lead to the belief that the copy in question is the regional flag or regional emblem is taken to be the regional flag or regional emblem for the purposes of this Ordinance. Stipulations not subsidiary legislation A stipulation made by the Chief Executive under this Ordinance is not subsidiary legislation. The stipulation must be published in the Gazette as soon as is reasonably practicable after it is made. CONDITIONS FOR FLYING THE REGIONAL FLAG AT HALF STAFF [section 3] Flying regional flag at half staff 1. The regional flag must be lowered to half staff as a token of mourning when the following persons pass away- (a) President of the People's Republic of China, Chairman of the Standing Committee of the National People's Congress, Premier of the State Council and Chairman of the Central Military Commission. (b) Chairman of the National Committee of the Chinese People's Political Consultative Conference. (c) Persons who have made outstanding contributions to the People's Republic of China as the Central People's Government advises the Chief Executive. (d) Persons who have made outstanding contributions to world peace or the cause of human progress as the Central People's Government advises the Chief Executive. (e) Persons whom the Chief Executive considers have made outstanding contributions to the Hong Kong Special Administrative Region or for whom he considers it appropriate to do so. 2. The regional flag may be flown at half staff as a token of mourning when the Central People's Government advises the Chief Executive that unfortunate events causing especially serious casualties occur or serious natural calamities have caused heavy casualties. 3. The regional flag may be flown at half staff as a token of mourning if the Chief Executive considers it is appropriate when unfortunate events causing especially serious casualties occur or serious natural calamities have caused heavy casualties. Article 1 Article 10 Article 100 Article 101 Article 102 Article 103 Article 104 Article 105 Article 106 Article 107 Article 108 Article 109 Article 11 Article 110 Article 111 Article 112 Article 113 Article 114 Article 115 Article 116 Article 117 Article 118 Article 119 Article 12 Article 120 Article 121 Article 122 Article 123 Article 124 Article 125 Article 126 Article 127 Article 128 Article 129 Article 13 Article 130 Article 131 Article 132 Article 133 Article 134 Article 135 Article 136 Article 137 Article 138 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Chapter I General Principles Article 1 The People's Republic of China is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants. The socialist system is the basic system of the People's Republic of China. Disruption of the socialist system by any organization or individual is prohibited. Article 2 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 2 All power in the People's Republic of China belongs to the people. The National People's Congress and the local people's congresses at various levels are the organs through which the people exercise state power. The people administer state affairs and manage economic, cultural and social affairs through various channels and in various ways in accordance with the law. Article 3 Article 30 Article 31 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Article 39 Article 3 The state organs of the People's Republic of China apply the principle of democratic centralism. The National People's Congress and the local people's congresses at various levels are constituted through democratic elections. They are responsible to the people and subject to their supervision. All administrative, judicial and procuratorial organs of the state are created by the people's congresses to which they are responsible and by which they are supervised. The division of functions and powers between the central and local state organs is guided by the principle of giving full scope to the initiative and enthusiasm of the local authorities under the unified leadership of the central authorities. Article 4 Article 40 Article 41 Article 42 Article 43 Article 44 Article 45 Article 46 Article 47 Article 48 Article 49 Article 4 All nationalities in the People's Republic of China are equal. The state protects the lawful rights and interests of the minority nationalities and upholds and develops a relationship of equality, unity and mutual assistance among all of China's nationalities. Discrimination against and oppression of any nationality are prohibited; any act which undermines the unity of the nationalities or instigates division is prohibited. The state assists areas inhabited by minority nationalities in accelerating their economic and cultural development according to the characteristics and needs of the various minority nationalities. Regional autonomy is practised in areas where people of minority nationalities live in concentrated communities; in these areas organs of self-government are established to exercise the power of autonomy. All national autonomous areas are integral parts of the People's Republic of China. All nationalities have the freedom to use and develop their own spoken and written languages and to preserve or reform their own folkways and customs. Article 5 Article 50 Article 51 Article 52 Article 53 Article 54 Article 55 Article 56 Article 57 Article 58 Article 59 Article 5 The state upholds the uniformity and dignity of the socialist legal system. No laws or administrative or local rules and regulations may contravene the Constitution. All state organs, the armed forces, all political parties and public organizations and all enterprises and institutions must abide by the Constitution and the law. All acts in violation of the Constitution or the law must be investigated. No organization or individual is privileged to be beyond the Constitution or the law. Article 6 Article 60 Article 61 Article 62 Article 63 Article 64 Article 65 Article 66 Article 67 Article 68 Article 69 Article 6 The basis of the socialist economic system of the People's Republic of China is socialist public ownership of the means of production, namely, ownership by the whole people and collective ownership by the working people. The system of socialist public ownership supersedes the system of exploitation of man by man; it applies the principle of "from each according to his ability, to each according to his work." Article 7 Article 70 Article 71 Article 72 Article 73 Article 74 Article 75 Article 76 Article 77 Article 78 Article 79 *Article 7 The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of the state economy. Article 8 Article 80 Article 81 Article 82 Article 83 Article 84 Article 85 Article 86 Article 87 Article 88 Article 89 #Article 8 Rural people's communes, agricultural producers cooperatives and other forms of cooperative economy, such as producers', supply and marketing, credit and consumers cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock. The various forms of cooperative economy in the cities and towns, such as those in the handicraft, industrial, building, transport, commercial and service trades, all belong to the sector of socialist economy under collective ownership by the working people. The state protects the lawful rights and interests of the urban and rural economic collectives and encourages, guides and helps the growth of the collective economy. Article 9 Article 90 Article 91 Article 92 Article 93 Article 94 Article 95 Article 96 Article 97 Article 98 Article 99 Article 9 All mineral resources, waters, forests, mountains, grasslands, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grasslands, unreclaimed land and beaches that are owned by collectives in accordance with the law. The state ensures the rational use of natural resources and protects rare animals and plants. Appropriation or damaging of natural resources by any organization or individual by whatever means is prohibited. Article 10 Article 100 Article 101 Article 102 Article 103 Article 104 Article 105 Article 106 Article 107 Article 108 Article 109 **Article 10 Land in the cities is owned by the state. Land in the rural and suburban areas is owned by collectives except for those portions which belong to the state in accordance with the law; house sites and privately farmed plots of cropland and hilly land are also owned by collectives. The state may, in the public interest, requisition land for its use in accordance with the law. No organization or individual may appropriate, buy, sell or lease land or otherwise engage in the transfer of land by unlawful means. All organizations and individuals using land must ensure its rational use. Article 11 Article 110 Article 111 Article 112 Article 113 Article 114 Article 115 Article 116 Article 117 Article 118 Article 119 *Article 11 The individual economy of urban and rural working people, operating within the limits prescribed by law, is a complement to the socialist public economy. The state protects the lawful rights and interests of the individual economy. The state guides, assists and supervises the individual economy by administrative control. Article 12 Article 120 Article 121 Article 122 Article 123 Article 124 Article 125 Article 126 Article 127 Article 128 Article 129 Article 12 Socialist public property is inviolable. The state protects socialist public property. Appropriation or damaging of state or collective property by any organization or individual by whatever means is prohibited. Article 13 Article 130 Article 131 Article 132 Article 133 Article 134 Article 135 Article 136 Article 137 Article 138 Article 13 The state protects the right of citizens to own lawfully earned income, savings, houses and other lawful property. The state protects according to law the right of citizens to inherit private property. Article 14 Article 14 The state continuously raises labour productivity, improves economic results and develops the productive forces by enhancing the enthusiasm of the working people, raising the level of their technical skill, disseminating advanced science and technology, improving the systems of economic administration and enterprise operation and management, instituting the socialist system of responsibility in various forms and improving the organization of work. The state practises strict economy and combats waste. The state properly apportions accumulation and consumption, concerns itself with the interests of the collective and the individual as well as of the state and, on the basis of expanded production, gradually improves the material and cultural life of the people. Article 15 *Article 15 The state practises planned economy on the basis of socialist public ownership. It ensures the proportionate and coordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market. Disturbance of the socioeconomic order or disruption of the state economic plan by any organization or individual is prohibited. Article 16 #Article 16 State enterprises have decision-making power with regard to operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the state and fulfil all their obligations under the state plan. State enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with the law. Article 17 @Article 17 Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they accept the guidance of the state plan and abide by the relevant laws. Collective economic organizations practise democratic management in accordance with the law. The entire body of their workers elects or removes their managerial personnel and decides on major issues concerning operation and management. Article 18 Article 18 The People's Republic of China permits foreign enterprises, other foreign economic organizations and individual foreigners to invest in China and to enter into various forms of economic cooperation with Chinese enterprises and other Chinese economic organizations in accordance with the law of the People's Republic of China. All foreign enterprises, other foreign economic organizations as well as Chinese-foreign joint ventures within Chinese territory shall abide by the law of the People's Republic of China. Their lawful rights and interests are protected by the law of the People's Republic of China. Article 19 Article 19 The state undertakes the development of socialist education and works to raise the scientific and cultural level of the whole nation. The state establishes and administers schools of various types, universalizes compulsory primary education and promotes secondary, vocational and higher education as well as preschool education. The state develops educational facilities in order to eliminate illiteracy and provide political, scientific, technical and professional education as well as general education for workers, peasants, state functionaries and other working people. It encourages people to become educated through independent study. The state encourages the collective economic organizations, state enterprises and institutions and other sectors of society to establish educational institutions of various types in accordance with the law. The state promotes the nationwide use of Putonghua (common speech based on Beijing pronunciation). Article 20 Article 20 The state promotes the development of the natural and social sciences, disseminates knowledge of science and technology, and commends and rewards achievements in scientific research as well as technological innovations and inventions. Article 21 Article 21 The state develops medical and health services, promotes modern medicine and traditional Chinese medicine, encourages and supports the setting up of various medical and health facilities by the rural economic collectives, state enterprises and institutions and neighbourhood organizations, and promotes health and sanitation activities of a mass character, all for the protection of the people's health. The state develops physical culture and promotes mass sports activities to improve the people's physical fitness. Article 22 Article 22 The state promotes the development of art and literature, the press, radio and television broadcasting, publishing and distribution services, libraries, museums, cultural centres and other cultural undertakings that serve the people and socialism, and it sponsors mass cultural activities. The state protects sites of scenic and historical interest, valuable cultural monuments and relics and other significant items of China's historical and cultural heritage. Article 23 Article 23 The state trains specialized personnel in all fields who serve socialism, expands the ranks of intellectuals and creates conditions to give full scope to their role in socialist modernization. Article 24 Article 24 The state strengthens the building of a socialist society with an advanced culture and ideology by promoting education in high ideals, ethics, general knowledge, discipline and legality, and by promoting the formulation and observance of rules of conduct and common pledges by various sections of the people in urban and rural areas. The state advocates the civic virtues of love of the motherland, of the people, of labour, of science and of socialism. It conducts education among the people in patriotism and collectivism, in internationalism and communism and in dialectical and historical materialism, to combat capitalist, feudal and other decadent ideas. Article 25 Article 25 The state promotes family planning so that population growth may fit the plans for economic and social development. Article 26 Article 26 The state protects and improves the environment in which people live and the ecological environment. It prevents and controls pollution and other public hazards. The state organizes and encourages afforestation and the protection of forests. Article 27 Article 27 All state organs carry out the principle of simple and efficient administration, the system of responsibility for work and the system of training functionaries and appraising their performance in order constantly to improve the quality of work and efficiency and combat bureaucratism. All state organs and functionaries must rely on the support of the people, keep in close touch with them, heed their opinions and suggestions, accept their supervision and do their best to serve them. Article 28 Article 28 The state maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes criminal activities that endanger public security and disrupt the socialist economy as well as other criminal activities; and it punishes and reforms criminals. Article 29 Article 29 The armed forces of the People's Republic of China belong to the people. Their tasks are to strengthen national defence, resist aggression, defend the motherland, safeguard the people's peaceful labour, participate in national reconstruction and do their best to serve the people. The state strengthens the revolutionization, modernization and regularization of the armed forces in order to increase national defence capability. Article 30 Article 30 The administrative division of the People's Republic of China is as follows: (1) The country is divided into provinces, autonomous regions and municipalities directly under the Central Government; (2) Provinces and autonomous regions are divided into autonomous prefectures, counties, autonomous counties, and cities; (3) Counties and autonomous counties are divided into townships, nationality townships, and towns. Municipalities directly under the Central Government and other large cities are divided into districts and counties. Autonomous prefectures are divided into counties, autonomous counties, and cities. All autonomous regions, autonomous prefectures and autonomous counties are national autonomous areas. Article 31 Article 31 The state may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of specific conditions. Article 32 Article 32 The People's Republic of China protects the lawful rights and interests of foreigners within Chinese territory; foreigners on Chinese territory must abide by the laws of the People's Republic of China. The People's Republic of China may grant asylum to foreigners who request it for political reasons. Article 33 Chapter II The Fundamental Rights and Duties of Citizens Article 33 All persons holding the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law. Every citizen is entitled to the rights and at the same time must perform the duties prescribed by the Constitution and the law. Article 34 Article 34 All citizens of the People's Republic of China who have reached the age of 18 have the right to vote and stand for election, regardless of ethnic status, race, sex, occupation, family background, religious belief, education, property status or length of residence, except persons deprived of political rights according to law. Article 35 Article 35 Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. Article 36 Article 36 Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination. Article 37 Article 37 Freedom of the person of citizens of the People's Republic of China is inviolable. No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ. Unlawful detention or deprivation or restriction of citizens freedom of the person by other means is prohibited, and unlawful search of the person of citizens is prohibited. Article 38 Article 38 The personal dignity of citizens of the People's Republic of China is inviolable. Insult, libel, false accusation or false incrimination directed against citizens by any means is prohibited. Article 39 Article 39 The residences of citizens of the People's Republic of China are inviolable. Unlawful search of, or intrusion into, a citizen's residence is prohibited. Article 40 Article 40 Freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon citizens freedom and privacy of correspondence, except in cases where, to meet the needs of state security or of criminal investigation, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law. Article 41 Article 41 Citizens of the People's Republic of China have the right to criticize and make suggestions regarding any state organ or functionary. Citizens have the right to make to relevant state organs complaints or charges against, or exposures of, any state organ or functionary for violation of the law or dereliction of duty; but fabrication or distortion of facts for purposes of libel or false incrimination is prohibited. The state organ concerned must deal with complaints, charges or exposures made by citizens in a responsible manner after ascertaining the facts. No one may suppress such complaints, charges and exposures or retaliate against the citizens making them. Citizens who have suffered losses as a result of infringement of their civic rights by any state organ or functionary have the right to compensation in accordance with the law. Article 42 *Article 42 Citizens of the People's Republic of China have the right as well as the duty to work. Through various channels, the state creates conditions for employment, enhances occupational safety and health, improves working conditions and, on the basis of expanded production, increases remuneration for work and welfare benefits. Work is a matter of honour for every citizen who is able to work. All working people in state enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour. The state provides necessary vocational training for citizens before they are employed. Article 43 Article 43 Working people in the People's Republic of China have the right to rest. The state expands facilities for the rest and recuperation of the working people and prescribes working hours and vacations for workers and staff. Article 44 Article 44 The state applies the system of retirement for workers and staff of enterprises and institutions and for functionaries of organs of state according to law. The livelihood of retired personnel is ensured by the state and society. Article 45 Article 45 Citizens of the People's Republic of China have the right to material assistance from the state and society when they are old, ill or disabled. The state develops social insurance, social relief and medical and health services that are required for citizens to enjoy this right. The state and society ensure the livelihood of disabled members of the armed forces, provide pensions to the families of martyrs and give preferential treatment to the families of military personnel. The state and society help make arrangements for the work, livelihood and education of the blind, deaf-mutes and other handicapped citizens. Article 46 Article 46 Citizens of the People's Republic of China have the duty as well as the right to receive education. The state promotes the all-round development of children and young people, morally, intellectually and physically. Article 47 Article 47 Citizens of the People's Republic of China have the freedom to engage in scientific research, literary and artistic creation and other cultural pursuits. The state encourages and assists creative endeavours conducive to the interests of the people that are made by citizens engaged in education, science, technology, literature, art and other cultural work. Article 48 Article 48 Women in the People's Republic of China enjoy equal rights with men in all spheres of life, in political, economic, cultural, social and family life. The state protects the rights and interests of women, applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women. Article 49 Article 49 Marriage, the family and mother and child are protected by the state. Both husband and wife have the duty to practise family planning. Parents have the duty to rear and educate their children who are minors, and children who have come of age have the duty to support and assist their parents. Violation of the freedom of marriage is prohibited. Maltreatment of old people, women and children is prohibited. Article 50 Article 50 The People's Republic of China protects the legitimate rights and interests of Chinese nationals residing abroad and protects the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad. Article 51 Article 51 Citizens of the People's Republic of China, in exercising their freedoms and rights, may not infringe upon the interests of the state, of society or of the collective, or upon the lawful freedoms and rights of other citizens. Article 52 Article 52 It is the duty of citizens of the People's Republic of China to safeguard the unification of the country and the unity of all its nationalities. Article 53 Article 53 Citizens of the People's Republic of China must abide by the Constitution and the law, keep state secrets, protect public property, observe labour discipline and public order and respect social ethics. Article 54 Article 54 It is the duty of citizens of the People's Republic of China to safeguard the security, honour and interests of the motherland; they must not commit acts detrimental to the security, honour and interests of the motherland. Article 55 Article 55 It is the sacred duty of every citizen of the People's Republic of China to defend the motherland and resist aggression. It is the honourable duty of citizens of the People's Republic of China to perform military service and join the militia in accordance with the law. Article 56 Article 56 It is the duty of citizens of the People's Republic of China to pay taxes in accordance with the law. Article 57 Chapter III The Structure of the State Section 1 The National People's Congress Article 57 The National People's Congress of the People's Republic of China is the highest organ of state power. Its permanent body is the Standing Committee of the National People's Congress. Article 58 Article 58 The National People's Congress and its Standing Committee exercise the legislative power of the state. Article 59 Article 59 The National People's Congress is composed of deputies elected from the provinces, autonomous regions and municipalities directly under the Central Government and of deputies elected from the armed forces. All the minority nationalities are entitled to appropriate representation. Election of deputies to the National People's Congress is conducted by the Standing Committee of the National People's Congress. The number of deputies to the National People's Congress and the procedure of their election are prescribed by law. Article 60 Article 60 The National People's Congress is elected for a term of five years. The Standing Committee of the National People's Congress must ensure the completion of election of deputies to the succeeding National People's Congress two months prior to the expiration of the term of office of the current National People's Congress. Should extraordinary circumstances prevent such an election, it may be postponed and the term of office of the current National People's Congress extended by the decision of a vote of more than two-thirds of all those on the Standing Committee of the current National People's Congress. The election of deputies to the succeeding National People's Congress must be completed within one year after the termination of such extraordinary circumstances. Article 61 Article 61 The National People's Congress meets in session once a year and is convened by its Standing Committee. A session of the National People's Congress may be convened at any time and Standing Committee deems it necessary or when more than one-fifth of the deputies to the National People's Congress so propose. When the National People's Congress meets, it elects a Presidium to conduct its session. Article 62 Article 62 The National People's Congress exercises the following functions and powers: (1) to amend the Constitution; (2) to supervise the enforcement of the Constitution; (3) to enact and amend basic laws governing criminal offences, civil affairs, the state organs and other matters; (4) to elect the President and the Vice-President of the People's Republic of China; (5) to decide on the choice of the Premier of the State Council upon nomination by the President of the People's Republic of China, and on the choice of the Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council upon nomination by the Premier; (6) to elect the Chairman of the Central Military Commission and, upon nomination by the Chairman, to decide on the choice of all other members of the Central Military Commission; (7) to elect the President of the Supreme People's Court; (8) to elect the Procurator-General of the Supreme People's Procuratorate; (9) to examine and approve the plan for national economic and social development and the report on its implementation; (10) to examine and approve the state budget and the report on its implementation; (11) to alter or annul inappropriate decisions of the Standing Committee of the National People's Congress; (12) to approve the establishment of provinces, autonomous regions, and municipalities directly under the Central Government; (13) to decide on the establishment of special administrative regions and the systems to be instituted there; (14) to decide on questions of war and peace; and (15) to exercise such other functions and powers as the highest organ of state power should exercise. Article 63 Article 63 The National People's Congress has the power to remove from office the following persons: (1) the President and the Vice-President of the People's Republic of China; (2) the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; (3) the Chairman of the Central Military Commission and other members of the Commission; (4) the President of the Supreme People's Court; and (5) the Procurator-General of the Supreme People's Procuratorate. Article 64 Article 64 Amendments to the Constitution are to be proposed by the Standing Committee of the National People's Congress or by more than one-fifth of the deputies to the National People's Congress and adopted by a vote of more than two-thirds of all the deputies to the Congress. Laws and resolutions are to be adopted by a majority vote of all the deputies to the National People's Congress. Article 65 Article 65 The Standing Committee of the National People's Congress is composed of the following: the Chairman; the Vice-Chairmen; the Secretary-General; and the members. Minority nationalities are entitled to appropriate representation on the Standing Committee of the National People's Congress. The National People's Congress elects, and has the power to recall, members of its Standing Committee. No one on the Standing Committee of the National People's Congress shall hold office in any of the administrative, judicial or procuratorial organs of the state. Article 66 Article 66 The Standing Committee of the National People's Congress is elected for the same term as the National People's Congress; it shall exercise its functions and powers until a new Standing Committee is elected by the succeeding National People's Congress. The Chairman and Vice-Chairmen of the Standing Committee shall serve no more than two consecutive terms. Article 67 Article 67 The Standing Committee of the National People's Congress exercises the following functions and powers: (1) to interpret the Constitution and supervise its enforcement; (2) to enact and amend laws, with the exception of those which should be enacted by the National People's Congress; (3) to partially supplement and amend, when the National People's Congress is not in session, laws enacted by the National People's Congress provided that the basic principles of these laws are not contravened; (4) to interpret laws; (5) to review and approve, when the National People's Congress is not in session, partial adjustments to the plan for national economic and social development or to the state budget that prove necessary in the course of their implementation; (6) to supervise the work of the State Council, the Central Military Commission, the Supreme People's Court and the Supreme People's Procuratorate; (7) to annul those administrative rules and regulations, decisions or orders of the State Council that contravene the Constitution or the law; (8) to annul those local regulations or decisions of the organs of state power of provinces, autonomous regions, and municipalities directly under the Central Government that contravene the Constitution, the law or the administrative rules and regulations; (9) to decide, when the National People's Congress is not in session, on the choice of Ministers in charge of ministries or commissions, the Auditor-General or the Secretary-General of the State Council upon nomination by the Premier of the State Council; (10) to decide, upon nomination by the Chairman of the Central Military Commission, on the choice of other members of the Commission, when the National People's Congress is not in session; (11) to appoint or remove, at the recommendation of the President of the Supreme People's Court, the Vice-Presidents and Judges of the Supreme People's Court, members of its Judicial Committee and the President of the Military Court; (12) to appoint or remove, at the recommendation of the Procurator-General of the Supreme People's Procuratorate, the Deputy Procurators-General and procurators of the Supreme People's Procuratorate, members of its Procuratorial Committee and the Chief Procurator of the Military Procuratorate, and to approve the appointment or removal of the chief procurators of the people's procuratorates of provinces, autonomous regions, and municipalities directly under the Central Government; (13) to decide on the appointment or recall of plenipotentiary representatives abroad; (14) to decide on the ratification or abrogation of treaties and important agreements concluded with foreign states; (15) to institute systems of titles and ranks for military and diplomatic personnel and of other specific titles and ranks; (16) to institute state medals and titles of honour and decide on their conferment; (17) to decide on the granting of special pardons; (18) to decide, when the National People's Congress is not in session, on the proclamation of a state of war in the event of an armed attack on the country or in fulfilment of international treaty obligations concerning common defence against aggression; (19) to decide on general mobilization or partial mobilization; (20) to decide on the imposition of martial law throughout the country or in particular provinces, autonomous regions, or municipalities directly under the Central Government; and (21) to exercise such other functions and powers as the National People's Congress may assign to it. Article 68 Article 68 The Chairman of the Standing Committee of the National People's Congress directs the work of the Standing Committee and convenes its meetings. The Vice-Chairmen and the Secretary-General assist the Chairman in his work. The Chairman, the Vice-Chairmen and the Secretary-General constitute the Council of Chairmen which handles the important day-to-day work of the Standing Committee of the National People's Congress. Article 69 Article 69 The Standing Committee of the National People's Congress is responsible to the National People's Congress and reports on its work to the Congress. Article 70 Article 70 The National People's Congress establishes a Nationalities Committee, a Law Committee, a Finance and Economic Committee, an Education, Science, Culture and Public Health Committee, a Foreign Affairs Committee, an Overseas Chinese Committee and such other special committees as are necessary. These special committees work under the direction of the Standing Committee of the National People's Congress when the Congress is not in session. The special committees examine, discuss and draw up relevant bills and draft resolutions under the direction of the National People's Congress and its Standing Committee. Article 72 Article 72 Deputies to the National People's Congress and members of its Standing Committee have the right, in accordance with procedures prescribed by law, to submit bills and proposals within the scope of the respective functions and powers of the National People's Congress and its Standing Committee. Article 73 Article 73 Deputies to the National People's Congress and members of the Standing Committee have the right, during the sessions of the Congress and the meetings of the Committee, to address questions, in accordance with procedures prescribed by law, to the State Council or the ministries and commissions under the State Council, which must answer the questions in a responsible manner. Article 74 Article 74 No deputy to the National People's Congress may be arrested or placed on criminal trial without the consent of the Presidium of the current session of the National People's Congress or, when the National People's Congress is not in session, without the consent of its Standing Committee. Article 75 Article 75 Deputies to the National People's Congress may not be held legally liable for their speeches or votes at its meetings. Article 76 Article 76 Deputies to the National People's Congress must play an exemplary role in abiding by the Constitution and the law and keeping state secrets and, in public activities, production and other work, assist in the enforcement of the Constitution and the law. Deputies to the National People's Congress should maintain close contact with the units which elected them and with the people, heed and convey the opinions and demands of the people and work hard to serve them. Article 77 Article 77 Deputies to the National People's Congress are subject to supervision by the units which elected them. The electoral units have the power, through procedures prescribed by law, to recall deputies they elected. Article 78 Article 78 The organization and working procedures of the National People's Congress and its Standing Committee are prescribed by law. Article 79 Section 2 The President of the People's Republic of China Article 79 The President and Vice-President of the People's Republic of China are elected by the National People's Congress. Citizens of the People's Republic of China who have the right to vote and to stand for election and who have reached the age of 45 are eligible for election as President or Vice-President of the People's Republic of China. The term of office of the President and Vice-President of the People's Republic of China is the same as that of the National People's Congress, and they shall serve no more than two consecutive terms. Article 80 Article 80 The President of the People's Republic of China, in pursuance of the decisions of the National People's Congress and its Standing Committee, promulgates statutes, appoints or removes the Premier, Vice-Premiers, State Councillors, Ministers in charge of ministries or commissions, the Auditor-General and the Secretary-General of the State Council; confers state medals and titles of honour; issues orders of special pardons; proclaims martial law; proclaims a state of war; and issues mobilization orders. Article 81 Article 81 The President of the People's Republic of China receives foreign diplomatic representatives on behalf of the People's Republic of China and, in pursuance of the decisions of the Standing Committee of the National People's Congress, appoints or recalls plenipotentiary representatives abroad, and ratifies or abrogates treaties and important agreements concluded with foreign states. Article 82 Article 82 The Vice-President of the People's Republic of China assists the President in his work. The Vice-President of the People's Republic of China may exercise such functions and powers of the President as the President may entrust to him. Article 83 Article 83 The President and Vice-President of the People's Republic of China exercise their functions and powers until the new President and Vice-President elected by the succeeding National People's Congress assume office. Article 84 Article 84 In the event that the office of the President of the People's Republic of China falls vacant, the Vice-President succeeds to the office of the President. In the event that the office of the Vice-President of the People's Republic of China falls vacant, the National People's Congress shall elect a new Vice-President to fill the vacancy. In the event that the offices of both the President and the Vice-President of the People's Republic of China fall vacant, the National People's Congress shall elect a new President and a new Vice-President. Prior to such election, the Chairman of the Standing Committee of the National People's Congress shall temporarily act as the President of the People's Republic of China. Article 85 Section 3 The State Council Article 85 The State Council, that is, the Central People's Government, of the People's Republic of China is the executive body of the highest organ of state power; it is the highest organ of state administration. Article 86 Article 86 The State Council is composed of the following: the Premier; the Vice-Premiers; the State Councillors; the Ministers in charge of ministries; the Ministers in charge of commissions; the Auditor-General; and the Secretary-General. The Premier assumes overall responsibility for the work of the State Council. The Ministers assume overall responsibility for the work of the ministries and commissions. The organization of the State Council is prescribed by law. Article 87 Article 87 The term of office of the State Council is the same as that of the National People's Congress. The Premier, Vice-Premiers and State Councillors shall serve no more than two consecutive terms. Article 88 Article 88 The Premier directs the work of the State Council. The Vice-Premiers and State Councillors assist the Premier in his work. Executive meetings of the State Council are to be attended by the Premier, the Vice-Premiers, the State Councillors and the Secretary-General of the State Council. The Premier convenes and presides over the executive meetings and plenary meetings of the State Council. Article 89 Article 89 The State Council exercises the following functions and powers: (1) to adopt administrative measures, enact administrative rules and regulations and issue decisions and orders in accordance with the Constitution and the law; (2) to submit proposals to the National People's Congress or its Standing Committee; (3) to formulate the tasks and responsibilities of the ministries and commissions of the State Council, to exercise unified leadership over the work of the ministries and commissions and to direct all other administrative work of a national character that does not fall within the jurisdiction of the ministries and commissions; (4) to exercise unified leadership over the work of local organs of state administration at various levels throughout the country, and to formulate the detailed division of functions and powers between the Central Government and the organs of state administration of provinces, autonomous regions, and municipalities directly under the Central Government; (5) to draw up and implement the plan for national economic and social development and the state budget; (6) to direct and administer economic affairs and urban and rural development; (7) to direct and administer the affairs of education, science, culture, public health, physical culture and family planning; (8) to direct and administer civil affairs, public security, judicial administration, supervision and other related matters; (9) to conduct foreign affairs and conclude treaties and agreements with foreign states; (10) to direct and administer the building of national defence; (11) to direct and administer affairs concerning the nationalities and to safeguard the equal rights of minority nationalities and the right to autonomy of the national autonomous areas; (12) to protect the legitimate rights and interests of Chinese nationals residing abroad and protect the lawful rights and interests of returned overseas Chinese and of the family members of Chinese nationals residing abroad; (13) to alter or annul inappropriate orders, directives and regulations issued by the ministries or commissions; (14) to alter or annul inappropriate decisions and orders issued by local organs of state administration at various levels; (15) to approve the geographic division of provinces, autonomous regions and municipalities directly under the Central Government, and to approve the establishment and geographic division of autonomous prefectures, counties, autonomous counties, and cities; (16) to decide on the imposition of martial law in parts of provinces, autonomous regions, and municipalities directly under the Central Government; (17) to examine and decide on the size of administrative organs and, in accordance with the law, to appoint or remove administrative officials, train them, appraise their performance and reward or punish them; and (18) to exercise such other functions and powers as the National People's Congress or its Standing Committee may assign to it. Article 90 Article 90 Ministers in charge of the ministries or commissions of the State Council are responsible for the work of their respective departments and they convene and preside over ministerial meetings or general and executive meetings of the commissions to discuss and decide on major issues in the work of their respective departments. The ministries and commissions issue orders, directives and regulations within the jurisdiction of their respective departments and in accordance with the law and the administrative rules and regulations, decisions and orders issued by the State Council. Article 91 Article 91 The State Council establishes an auditing body to supervise through auditing the revenue and expenditure of all departments under the State Council and of the local governments at various levels, and the revenue and expenditure of all financial and monetary organizations, enterprises and institutions of the state. Under the direction of the Premier of the State Council, the auditing body independently exercises its power of supervision through auditing in accordance with the law, subject to no interference by any other administrative organ or any public organization or individual. Article 92 Article 92 The State Council is responsible and reports on its work to the National People's Congress or, when the National People's Congress is not in session, to its Standing Committee. Article 93 Section 4 The Central Military Commission Article 93 The Central Military Commission of the People's Republic of China directs the armed forces of the country. The Central Military Commission is composed of the following: the Chairman; the Vice-Chairmen; and the members. The Chairman assumes overall responsibility for the work of the Central Military Commission. The term of office of the Central Military Commission is the same as that of the National People's Congress. Article 94 Article 94 The Chairman of the Central Military Commission is responsible to the National People's Congress and its Standing Committee. Article 96 Article 96 Local people's congresses at various levels are local organs of state power. Local people's congresses at and above the county level establish standing committees. Article 97 Article 97 Deputies to the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts are elected by the people's congresses at the next lower level; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are elected directly by their constituencies. The number of deputies to local people's congresses at various levels and the manner of their election are prescribed by law. Article 98 *Article 98 The term of office of the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts is five years. The term of office of the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns is three years. Article 99 Article 99 Local people's congresses at various levels ensure the observance and implementation of the Constitution and the law and the administrative rules and regulations in their respective administrative areas. Within the limits of their authority as prescribed by law, they adopt and issue resolutions and examine and decide on plans for local economic and cultural development and for the development of public services. Local people's congresses at and above the county level shall examine and approve the plans for economic and social development and the budgets of their respective administrative areas and examine and approve the reports on their implementation. They have the power to alter or annul inappropriate decisions of their own standing committees. The people's congresses of nationality townships may, within the limits of their authority as prescribed by law, take specific measures suited to the characteristics of the nationalities concerned. Article 100 Article 100 The people's congresses of provinces and municipalities directly under the Central Government and their standing committees may adopt local regulations, which must not contravene the Constitution and the law and administrative rules and regulations, and they shall report such local regulations to the Standing Committee of the National People's Congress for the record. Article 101 Article 101 Local people's congresses at their respective levels elect and have the power to recall governors and deputy governors, or mayors and deputy mayors, or heads and deputy heads of counties, districts, townships and towns. Local people's congresses at and above the county level elect, and have the power to recall, presidents of people's courts and chief procurators of people's procuratorates at the corresponding level. The election or recall of chief procurators of people's procuratorates shall be reported to the chief procurators of the people's procuratorates at the next higher level for submission to the standing committees of the people's congresses at the corresponding level for approval. Article 102 Article 102 Deputies to the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts are subject to supervision by the units which elected them; deputies to the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns are subject to supervision by their constituencies. The electoral units and constituencies which elect deputies to local people's congresses at various levels have the power to recall the deputies according to procedures prescribed by law. Article 103 Article 103 The standing committee of a local people's congress at and above the county level is composed of a chairman, vice-chairmen and members, and is responsible and reports on its work to the people's congress at the corresponding level. A local people's congress at or above the county level elects, and has the power to recall, members of its standing committee. No one on the standing committee of a local people's congress at or above the county level shall hold office in state administrative, judicial and procuratorial organs. Article 104 Article 104 The standing committee of a local people's congress at or above the county level discusses and decides on major issues in all fields of work in its administrative area; supervises the work of the people's government, people's court and people's procuratorate at the corresponding level; annuls inappropriate decisions and orders of the people's government at the corresponding level; annuls inappropriate resolutions of the people's congress at the next lower level; decides on the appointment or removal of functionaries of state organs within the limits of its authority as prescribed by law; and, when the people's congress at the corresponding level is not in session, recalls individual deputies to the people's congress at the next higher level and elects individual deputies to fill vacancies in that people's congress. Article 105 Article 105 Local people's governments at various levels are the executive bodies of local organs of state power as well as the local organs of state administration at the corresponding levels. Governors, mayors and heads of counties, districts, townships and towns assume overall responsibility for local people's governments at various levels. Article 106 Article 106 The term of office of local people's governments at various levels is the same as that of the people's congresses at the corresponding levels. Article 107 Article 107 Local people's governments at and above the county level, within the limits of their authority as prescribed by law, conduct administrative work concerning the economy, education, science, culture, public health, physical culture, urban and rural development, finance, civil affairs, public security, nationalities affairs, judicial administration, supervision and family planning in their respective administrative areas; issue decisions and orders; appoint or remove administrative functionaries, train them, appraise their performance and reward or punish them. People's governments of townships, nationality townships, and towns execute the resolutions of the people's congresses at the corresponding levels as well as the decisions and orders of the state administrative organs at the next higher level and conduct administrative work in their respective administrative areas. People's governments of provinces and municipalities directly under the Central Government decide on the establishment and geographic division of townships, nationality townships, and towns. Article 108 Article 108 Local people's governments at and above the county level direct the work of their subordinate departments and of people's governments at lower levels, and have the power to alter or annul inappropriate decisions of their subordinate departments and of the people's governments at lower levels. Article 109 Article 109 Auditing bodies are established by local people's governments at and above the county level. Local auditing bodies at various levels independently exercise their power of supervision through auditing in accordance with the law and are responsible to the people's government at the corresponding level and to the auditing body at the next higher level. Article 110 Article 110 Local people's governments at various levels are responsible and report on their work to people's congresses at the corresponding levels. Local people's governments at and above the county level are responsible and report on their work to the standing committees of the people's congresses at the corresponding levels when the congresses are not in session. Local people's governments at various levels are responsible and report on their work to the state administrative organs at the next higher level. Local people's governments at various levels throughout the country are state administrative organs under the unified leadership of the State Council and are subordinate to it. Article 111 Article 111 The residents committees and villagers committees established among urban and rural residents on the basis of their place of residence are mass organizations of self-management at the grass-roots level. The chairman, vice-chairmen and members of each residents or villagers committee are elected by the residents. The relationship between the residents and villagers committees and the grass-roots organs of state power is prescribed by law. The residents and villagers committees establish sub-committees for people's mediation, public security, public health and other matters in order to manage public affairs and social services in their areas, mediate civil disputes, help maintain public order and convey residents opinions and demands and make suggestions to the people's government. Article 113 Article 113 In the people's congress of an autonomous region, autonomous prefecture or autonomous county, in addition to the deputies of the nationality exercising regional autonomy in the administrative area, the other nationalities inhabiting the area are also entitled to appropriate representation. Among the chairman and vice-chairmen of the standing committee of the people's congress of an autonomous region, autonomous prefecture or autonomous county there shall be one or more citizens of the nationality or nationalities exercising regional autonomy in the area concerned. Article 114 Article 114 The chairman of an autonomous region, the prefect of an autonomous prefecture or the head of an autonomous county shall be a citizen of the nationality exercising regional autonomy in the area concerned. Article 115 Article 115 The organs of self-government of autonomous regions, autonomous prefectures and autonomous counties exercise the functions and powers of local organs of state as specified in Section 5 of Chapter III of the Constitution. At the same time, they exercise the power of autonomy within the limits of their authority as prescribed by the Constitution, the Law of the People's Republic of China on Regional National Autonomy and other laws and implement the laws and policies of the state in the light of the existing local situation. Article 116 Article 116 The people's congresses of national autonomous areas have the power to enact regulations on the exercise of autonomy and other separate regulations in the light of the political, economic and cultural characteristics of the nationality or nationalities in the areas concerned. The regulations on the exercise of autonomy and other separate regulations of autonomous regions shall be submitted to the Standing Committee of the National People's Congress for approval before they go into effect. Those of autonomous prefectures and counties shall be submitted to the standing committees of the people's congresses of provinces or autonomous regions for approval before they go into effect, and they shall be reported to the Standing Committee of the National People's Congress for the record. Article 117 Article 117 The organs of self-government of the national autonomous areas have the power of autonomy in administering the finances of their areas. All revenues accruing to the national autonomous areas under the financial system of the state shall be managed and used by the organs of self-government of those areas on their own. Article 118 Article 118 The organs of self-government of the national autonomous areas independently arrange for and administer local economic development under the guidance of state plans. In exploiting natural resources and building enterprises in the national autonomous areas, the state shall give due consideration to the interests of those areas. Article 119 Article 119 The organs of self-government of the national autonomous areas independently administer educational, scientific, cultural, public health and physical culture affairs in their respective areas, protect and sift through the cultural heritage of the nationalities and work for a vigorous development of their cultures. Article 120 Article 120 The organs of self-government of the national autonomous areas may, in accordance with the military system of the state and practical local needs and with the approval of the State Council, organize local public security forces for the maintenance of public order. Article 121 Article 121 In performing their functions, the organs of self-government of the national autonomous areas, in accordance with the regulations on the exercise of autonomy in those areas, employ the spoken and written language or languages in common use in the locality. Article 122 Article 122 The state provides financial, material and technical assistance to the minority nationalities to accelerate their economic and cultural development. The state helps the national autonomous areas train large numbers of cadres at various levels and specialized personnel and skilled workers of various professions and trades from among the nationality or nationalities in those areas. Article 123 Section 7 The People's Courts and the People's Procuratorates Article 123 The people's courts of the People's Republic of China are the judicial organs of the state. Article 124 Article 124 The People's Republic of China establishes the Supreme People's Court and the people's courts at various local levels, military courts and other special people's courts. The term of office of the President of the Supreme People's Court is the same as that of the National People's Congress. The President shall serve no more than two consecutive terms. The organization of the people's courts is prescribed by law. Article 125 Article 125 Except in special circumstances as specified by law, all cases in the people's courts are heard in public. The accused has the right to defence. Article 126 Article 126 The people's courts exercise judicial power independently, in accordance with the provisions of the law, and are not subject to interference by any administrative organ, public organization or individual. Article 127 Article 127 The Supreme People's Court is the highest judicial organ. The Supreme People's Court supervises the administration of justice by the people's courts at various local levels and by the special people's courts. People's courts at higher levels supervise the administration of justice by those at lower levels. Article 128 Article 128 The Supreme People's Court is responsible to the National People's Congress and its Standing Committee. Local people's courts at various levels are responsible to the organs of state power which created them. Article 129 Article 129 The people's procuratorates of the People's Republic of China are state organs for legal supervision. Article 130 Article 130 The People's Republic of China establishes the Supreme People's Procuratorate and the people's procuratorates at various local levels, military procuratorates and other special people's procuratorates. The term of office of the Procurator-General of the Supreme People's Procuratorate is the same as that of the National People's Congress; the Procurator-General shall serve no more than two consecutive terms. The organization of the people's procuratorates is prescribed by law. Article 131 Article 131 The people's procuratorates exercise procuratorial power independently, in accordance with the provisions of the law, and are not subject to interference by any administrative organ, public organization or individual. Article 132 Article 132 The Supreme People's Procuratorate is the highest procuratorial organ. The Supreme People's Procuratorate directs the work of the people's procuratorates at various local levels and of the special people's procuratorates. People's procuratorates at higher levels direct the work of those at lower levels. Article 133 Article 133 The Supreme People's Procuratorate is responsible to the National People's Congress and its Standing Committee. People's procuratorates at various local levels are responsible to the organs of state power which created them and to the people's procuratorates at higher levels. Article 134 Article 134 Citizens of all China's nationalities have the right to use their native spoken and written languages in court proceedings. The people's courts and people's procuratorates should provide translation for any party to the court proceedings who is not familiar with the spoken or written languages commonly used in the locality. In an area where people of a minority nationality live in a concentrated community or where a number of nationalities live together, court hearings should be conducted in the language or languages commonly used in the locality; indictments, judgments, notices and other documents should be written, according to actual needs, in the language or languages commonly used in the locality. Article 135 Article 135 The people's courts, the people's procuratorates and the public security organs shall, in handling criminal cases, divide their functions, each taking responsibility for its own work, and they shall coordinate their efforts and check each other to ensure the correct and effective enforcement of the law. Article 136 Chapter IV The National Flag, the National Emblem and the Capital Article 136 The national flag of the People's Republic of China is a red flag with five stars. Article 137 Article 137 The national emblem of the People's Republic of China consists of an image of Tian'anmen in its centre illuminated by five stars and encircled by ears of grain and a cogwheel. Article 138 Article 138 The capital of the People's Republic of China is Beijing. Article 1 Article 1 Article 11 of the Constitution shall include a new paragraph which reads: "The state permits the private sector of the economy to exist and develop within the limits prescribed by law. The private sector of the economy is a complement to the socialist public economy. The state protects the lawful rights and interests of the private sector of the economy, and exercises guidance, supervision and control over the private sector of the economy." Article 2 Article 2 The fourth paragraph of Article 10 of the Constitution, which provides that "no organization or individual may appropriate, buy, sell or lease land or otherwise engage in the transfer of land by unlawful means," shall be amended as: "No organization or individual may appropriate, buy, sell or otherwise engage in the transfer of land by unlawful means. The right to the use of land may be transferred according to law." Article 3 Article 3 The last two sentences of the seventh paragraph of the Preamble to the Constitution, which read: "The basic task of the nation in the years to come is to concentrate its effort on socialist modernization. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and the socialist road, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country's industry, agriculture, national defence and science and technology step by step to turn China into a socialist country with a high level of culture and democracy," are revised as follows: "China is at the primary stage of socialism. The basic task of the nation is to concentrate its effort on socialist modernization in line with the theory of building socialism with Chinese characteristics. Under the leadership of the Communist Party of China and the guidance of Marxism-Leninism and Mao Zedong Thought, the Chinese people of all nationalities will continue to adhere to the people's democratic dictatorship and the socialist road, persevere in reform and opening to the outside world, steadily improve socialist institutions, develop socialist democracy, improve the socialist legal system, and work hard and self-reliantly to modernize the country's industry, agriculture, national defence and science and technology step by step to turn China into a socialist country that is prosperous, powerful, democratic and culturally advanced." Article 4 Article 4 At the end of the tenth paragraph of the Preamble to the Constitution is added: "The system of the multi-party cooperation and political consultation led by the Communist Party of China will exist and develop for a long time to come." Article 5 Article 5 Article 7 of the Constitution, which reads: "The state economy is the sector of socialist economy under ownership by the whole people; it is the leading force in the national economy. The state ensures the consolidation and growth of the state economy," is revised as follows: "The state-owned economy, namely, the socialist economy under ownership by the whole people, is the leading force in the national economy. The state ensures the consolidation and growth of the state-owned economy." Article 6 Article 6 The first paragraph of Article 8 of the Constitution, which reads: "Rural people's communes, agricultural producers' cooperatives and other forms of cooperative economy, such as producers', supply and marketing, credit and consumers' cooperatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock," is revised as follows: "In rural areas the responsibility system, the main form of which is household contract that links remuneration to output, and other forms of cooperative economy, such as producers', supply and marketing, credit and consumers' co-operatives, belong to the sector of socialist economy under collective ownership by the working people. Working people who are members of rural economic collectives have the right, within the limits prescribed by law, to farm plots of cropland and hilly land allotted for their private use, engage in household sideline production and raise privately owned livestock." Article 7 Article 7 Article 15 of the Constitution, which reads: "The state practises planned economy on the basis of socialist public ownership. It ensures the proportionate and coordinated growth of the national economy through overall balancing by economic planning and the supplementary role of regulation by the market." "Disturbance of the socio-economic order or disruption of the state economic plan by any organization or individual is prohibited," is revised as follows: "The state practises socialist market economy." "The state strengthens economic legislation, improves macro-regulation and control, and prohibits in accordance with the law any organization or individual from disturbing the socio-economic order." Article 8 Article 8 Article 16 of the Constitution, which reads: "State enterprises have decision-making power with regard to operation and management within the limits prescribed by law, on condition that they submit to unified leadership by the state and fulfill all their obligations under the state plan. State enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with the law," is revised as follows: "State-owned enterprises have decision-making power with regard to their operation within the limits prescribed by law. State-owned enterprises practise democratic management through congresses of workers and staff and in other ways in accordance with the law." Article 9 Article 9 Article 17 of the Constitution, which reads: "Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they accept the guidance of the state plan and abide by the relevant laws." "Collective economic organizations practise democratic management in accordance with the law. The entire body of their workers elects or removes their managerial personnel and decides on major issues concerning operation and management," is revised as follows: "Collective economic organizations have decision-making power in conducting independent economic activities, on condition that they abide by the relevant laws. Collective economic organizations practise democratic management and in accordance with the law, elect or remove their managerial personnel and decide on major issues concerning operation and management." Article 10 Article 10 The third paragraph of Article 42 of the Constitution, which reads: "Work is a matter of honour for every citizen who is able to work. All working people in state enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour," is revised as follows: "Work is a matter of honour for every citizen who is able to work. All working people in state-owned enterprises and in urban and rural economic collectives should approach their work as the masters of the country that they are. The state promotes socialist labour emulation, and commends and rewards model and advanced workers. The state encourages citizens to take part in voluntary labour." Article 11 Article 11 Article 98 of the Constitution, which reads: "The term of office of the people's congresses of provinces, municipalities directly under the Central Government and cities divided into districts is five years. The term of office of the people's congresses of counties, cities not divided into districts, municipal districts, townships, nationality townships, and towns is three years," is revised as follows: "The term of office of the people's congresses of provinces, municipalities directly under the Central Government, counties, cities and municipal districts is five years. The term of office of the people's congresses of townships, nationality townships and towns is three years." I. The following national laws are added to the list of laws in Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China- (1) Law of the People's Republic of China on the National Flag; (2) Regulations of the People's Republic of China concerning Consular Privileges and Immunities; (3) Law of the People's Republic of China on the National Emblem; (4) Law of the People's Republic of China on the Territorial Sea and the Contiguous Zone; (5) Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region. The above national laws shall be applied with effect from 1 July 1997 by way of promulgation or legislation by the Hong Kong Special Administrative Region. The Third Session of the Seventh National People's Congress adopts the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, including Annex I: Method for the Selection of the Chief Executive of the Hong Kong Special Administrative Region, Annex II: Method for the Formation of the Legislative Council of the Hong Kong Special Administrative Region and Its Voting Procedures, Annex III: National Laws to Be Applied in the Hong Kong Special Administrative Region, and the designs of the regional flag and regional emblem of the Hong Kong Special Administrative Region. Article 31 of the Constitution of the People's Republic of China provides: "The State may establish special administrative regions when necessary. The systems to be instituted in special administrative regions shall be prescribed by law enacted by the National People's Congress in the light of the specific conditions." The Basic Law of the Hong Kong Special Administrative Region is constitutional as it is enacted in accordance with the Constitution of the People's Republic of China and in the light of the specific conditions of Hong Kong. The systems, policies and laws to be instituted after the establishment of the Hong Kong Special Administrative Region shall be based on the Basic Law of the Hong Kong Special Administrative Region. The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China shall be put into effect as of July 1, 1997. The 14th Meeting of the Standing Committee of the Seventh National People's Congress decides: the English translation of the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, examined and approved under the aegis of the Law Committee of the National People's Congress, shall be the official English text and shall be equally authentic as the Chinese text. In case of any discrepancy in the meaning of wording between the English text and the Chinese text, the Chinese text shall prevail. In accordance with the provisions of Article 31 and sub-paragraph 13 of Article 62 of the Constitution of the People's Republic of China, the Third Session of the Seventh National People's Congress decides: 1. The Hong Kong Special Administrative Region is to be established on July 1, 1997. **2. The area of the Hong Kong Special Administrative Region covers the Hong Kong Island, the Kowloon Peninsula, and the islands and adjacent waters under its jurisdiction. The map of the administrative division of the Hong Kong Special Administrative Region will be published by the State Council separately. 1. The first Government and the first Legislative Council of the Hong Kong Special Administrative Region shall be formed in accordance with the principles of State sovereignty and smooth transition. 2. Within the year 1996, the National People's Congress shall establish a Preparatory Committee for the Hong Kong Special Administrative Region, which shall be responsible for preparing the establishment of the Hong Kong Special Administrative Region and shall prescribe the specific method for the formation of the first Government and the first Legislative Council in accordance with this Decision. The Preparatory Committee shall be composed of mainland members and of Hong Kong members who shall constitute not less than 50 per cent of its membership. Its chairman and members shall be appointed by the Standing Committee of the National People's Congress. 4. The Selection Committee shall recommend the candidate for the first Chief Executive through local consultations or through nomination and election after consultations, and report the recommended candidate to the Central People's Government for appointment. The term of office of the first Chief Executive shall be the same as the regular term. 5. The Chief Executive of the Hong Kong Special Administrative Region shall be responsible for preparing the formation of the first Government of the Region in accordance with the Basic Law of the Hong Kong Special Administrative Region. 6. The first Legislative Council of the Hong Kong Special Administrative Region shall be composed of 60 members, with 20 members returned by geographical constituencies through direct elections, 10 members returned by an election committee, and 30 members returned by functional constituencies. If the composition of the last Hong Kong Legislative Council before the establishment of the Hong Kong Special Administrative Region is in conformity with the relevant provisions of this Decision and the Basic Law of the Hong Kong Special Administrative Region, those of its members who uphold the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and pledge allegiance to the Hong Kong Special Administrative Region of the People's Republic of China, and who meet the requirements set forth in the Basic Law of the Region may, upon confirmation by the Preparatory Committee, become members of the first Legislative Council of the Region. The term of office of members of the first Legislative Council of the Hong Kong Special Administrative Region shall be two years. The Third Session of the Seventh National People's Congress decides: 1. to approve the proposal by the Drafting Committee for the Basic Law of the Hong Kong Special Administrative Region on the Establishment of the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People's Congress*; and 2. to establish the Committee for the Basic Law of the Hong Kong Special Administrative Region under the Standing Committee of the National People's Congress when the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China is put into effect. According to Article 18 of and Annex III to the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Nationality Law of the People's Republic of China shall be applied in the Hong Kong Special Administrative Region from 1 July 1997. Taking account of the historical background and the existing circumstances of Hong Kong, the Standing Committee gives the following explanations concerning the implementation in the Hong Kong Special Administrative Region of the Nationality Law of the People's Republic of China- 1. Where a Hong Kong resident is of Chinese descent and was born in the Chinese territories (including Hong Kong), or where a person satisfies the criteria laid down in the Nationality Law of the People's Republic of China for having Chinese nationality, he is a Chinese national. 2. All Hong Kong Chinese compatriots are Chinese nationals, whether or not they are holders of the "British Dependent Territories Citizens passport" or "British Nationals (Overseas) passport". With effect from 1 July 1997, Chinese nationals mentioned above may, for the purpose of travelling to other countries and territories, continue to use the valid travel documents issued by the Government of the United Kingdom. However, they shall not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned British travel documents. 3. According to the Nationality Law of the People's Republic of China, the British Citizenship acquired by Chinese nationals in Hong Kong through the "British Nationality Selection Scheme" will not be recognised. They are still Chinese nationals and will not be entitled to British consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China. 4. Chinese nationals of the Hong Kong Special Administrative Region with right of abode in foreign countries may, for the purpose of travelling to other countries and territories, use the relevant documents issued by the foreign governments. However, they will not be entitled to consular protection in the Hong Kong Special Administrative Region and other parts of the People's Republic of China on account of their holding the above mentioned documents. 5. If there is a change in the nationality of a Chinese national of the Hong Kong Special Administrative Region, he may, with valid documents in support, make a declaration at the authority of the Hong Kong Special Administrative Region responsible for nationality applications. 6. The Government of the Hong Kong Special Administrative Region is authorised to designate its Immigration Department as the authority of the Hong Kong Special Administrative Region responsible for nationality applications. The Immigration Department of the Hong Kong Special Administrative Region shall handle all nationality applications in accordance with the Nationality Law of the People's Republic of China and the foregoing provisions. Annex 1 Annex 1 The following ordinances and subordinate legislation previously in force in Hong Kong, which contravene the Basic Law, are not adopted as the laws of the Hong Kong Special Administrative Region- 1. Trustees (Hong Kong Government Securities) Ordinance (Cap 77, Laws of Hong Kong); 2. Application of English Law Ordinance (Cap 88, Laws of Hong Kong); 3. Foreign Marriage Ordinance (Cap 180, Laws of Hong Kong); 4. Chinese Extradition Ordinance (Cap 235, Laws of Hong Kong); 5. Colony Armorial Bearings (Protection) Ordinance (Cap 315, Laws of Hong Kong); 6. Secretary of State for Defence (Succession to Property) Ordinance (Cap 193, Laws of Hong Kong); 7. Royal Hong Kong Regiment Ordinance (Cap 199, Laws of Hong Kong); 8. Compulsory Service Ordinance (Cap 246, Laws of Hong Kong); 9. Army and Royal Air Force Legal Services Ordinance (Cap 286, Laws of Hong Kong); 10. British Nationality (Miscellaneous Provisions) Ordinance (Cap 186, Laws of Hong Kong); 11. British Nationality Act 1981 (Consequential Amendments) Ordinance (Cap 373, Laws of Hong Kong); 12. Electoral Provisions Ordinance (Cap 367, Laws of Hong Kong); 13. Legislative Council (Electoral Provisions) Ordinance (Cap 381, Laws of Hong Kong); 14. Boundary and Election Commission Ordinance (Cap 432, Laws of Hong Kong). Annex 2 Annex 2 The following provisions in ordinances and subordinate legislation previously in force in Hong Kong, which are in contravention of the Basic Law, are not adopted as the laws of the Hong Kong Special Administrative Region- 1. the definition of "Hong Kong permanent resident" in section 2 of the Immigration Ordinance (Cap 115, Laws of Hong Kong) and the provisions relating to "Hong Kong permanent residents" in Schedule 1 to that Ordinance; 2. any provision giving effect to the British Nationality Act as applied in Hong Kong; 3. provisions relating to election in the Urban Council Ordinance (Cap 101, Laws of Hong Kong); 4. provisions relating to election in the Regional Council Ordinance (Cap 385, Laws of Hong Kong); 5. provisions relating to election in the District Boards Ordinance (Cap 366, Laws of Hong Kong); 6. the Urban Council, Regional Council and District Board Election Expenses Order (sub. leg. A) and the Resolution of the Legislative Council (sub. leg. C) made under the Corrupt and Illegal Practices Ordinance (Cap 288, Laws of Hong Kong); 7. provisions relating to the interpretation and application of the Ordinance in section 2(3), the effect on pre-existing legislation in section 3 and the interpretation of subsequent legislation in section 4 of the Hong Kong Bill of Rights Ordinance (Cap 383, Laws of Hong Kong); 8. provisions relating to the overriding status of the Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) in section 3(2) of that Ordinance; 9. major amendments to the Societies Ordinance (Cap 151, Laws of Hong Kong) since 17 July 1992; 10. major amendments to the Public Order Ordinance (Cap 245, Laws of Hong Kong) since 27 July 1995. Annex 3 Annex 3 Names or expressions in the laws previously in force in Hong Kong that are adopted as the laws of the Hong Kong Special Administrative Region shall generally be construed or applied in accordance with the following principles of substitution- 1. In the case of any provision in which any reference is made to "Her Majesty", "the Crown", "the British Government" or "the Secretary of State" or to a similar name or expression, where the content of the provision relates to title to land in Hong Kong or involves affairs provided for in the Basic Law for which the Central People's Government is responsible or involves the relationship between the Central People's Government and the Hong Kong Special Administrative Region, the name or expression shall be construed as the Central People's Government or other competent authorities of the People's Republic of China. In other cases, the name or expression shall be construed as the Government of the Hong Kong Special Administrative Region. 2. In the case of any provision in which any reference is made to "Her Majesty in Council" or "the Privy Council", where the content of the provision relates to appellate jurisdiction, the name or expression shall be construed as the Court of Final Appeal of the Hong Kong Special Administrative Region. In other cases, the name or expression shall be dealt with in accordance with the provisions of paragraph 1 hereof. 3. In the case of a Government agency or a semi-official agency bearing a name with the word "Royal", the word "Royal" shall be removed from its name and the agency shall be construed as the corresponding agency of the Hong Kong Special Administrative Region. 4. Any reference to "the Colony" shall be construed as a reference to the Hong Kong Special Administrative Region and any description of the territories of Hong Kong shall be construed and applied by reference to the map of the administrative division of the Hong Kong Special Administrative Region published by the State Council. 5. Any reference to such name or expression as "the Supreme Court" or "the High Court" shall be construed respectively as a reference to the High Court or the Court of First Instance of the High Court. 6. Any reference to such name or expression as "the Governor", "the Governor in Council", "the Chief Secretary", "the Attorney General", "the Chief Justice", "the Secretary for Home Affairs", "the Secretary for Constitutional Affairs", "the Commissioner of Customs and Excise" and "Justice" shall be construed respectively as a reference to the Chief Executive of the Hong Kong Special Administrative Region, the Chief Executive in Council, the Administrative Secretary, the Secretary for Justice, the Chief Justice of the Court of Final Appeal or Chief Judge of the High Court, the Secretary for Home Affairs, the Secretary for Constitutional Affairs, the Commissioner of Customs and Excise or Judge of the High Court. 7. Any reference in the Chinese text of any law previously in force in Hong Kong to such name or expression as the Legislative Council, the Judiciary or the Executive Authorities or the officers of those bodies shall be construed and applied in accordance with the relevant provisions of the Basic Law. 8. In the case of any provision in which any reference is made to "the People's Republic of China" or "China" or to a similar name or expression, such reference shall be construed as a reference to the People's Republic of China as including Taiwan, Hong Kong and Macau; and in the case of any provision in which any reference is made to such name or expression as the Mainland, Taiwan, Hong Kong or Macau, whether separately or concurrently, such reference shall be construed respectively as a reference to the Mainland, Taiwan, Hong Kong or Macau, as a part of the People's Republic of China. 9. In the case of any provision in which any reference is made to "foreign state" or "foreign country" or to a similar term or expression, such reference shall be construed as a reference to any state, country or territory other than the People's Republic of China, or as a reference to "any place other than the Hong Kong Special Administrative Region", as the context of the relevant law or provision requires; and in the case of any provision in which any reference is made to "alien" or to a similar term or expression, such reference shall be construed as a reference to a person other than a citizen of the People's Republic of China. 10. Any reference in any provision to "nothing in this Ordinance shall affect or be deemed to affect the rights of Her Majesty the Queen, Her heirs or successors" shall be construed as a reference to "nothing in this Ordinance shall affect or be deemed to affect the rights of the Central People's Government or the Government of the Hong Kong Special Administrative Region under the Basic law or other laws". LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE EXCLUSIVE ECONOMIC ZONE AND THE CONTINENTAL SHELF (Adopted at the 3rd Meeting of the Standing Committee of the Ninth National People's Congress on June 26, 1998, promulgated by Order No. 6 of the President of the People's Republic of China on June 26, 1998, and effective as of the same date) Article 1 This Law is enacted to protect the People's Republic of China's exercise of its sovereign rights and jurisdiction over the exclusive economic zone and the continental shelf, and to safeguard its national maritime rights and interests. Article 2 The exclusive economic zone of the People's Republic of China is an area beyond and adjacent to its territorial sea, extending to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. The continental shelf of the People's Republic of China is the sea-bed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. Where there are conflicting claims between the People's Republic of China and another country whose coast is adjacent or opposite to that of the People's Republic of China over the delimitation of the exclusive economic zone and the continental shelf, the delimitation shall be determined by agreement in accordance with the principle of equity on the basis of international law. Article 3 The People's Republic of China exercises sovereign rights over the exclusive economic zone for the purpose of exploring, exploiting, conserving and managing the natural resources of the waters superjacent to the sea-bed and of the sea-bed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds. The People's Republic of China exercises jurisdiction over the exclusive economic zone with regard to the establishment and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. The natural resources of the exclusive economic zone referred to in this Law include both living resources and non-living resources. Article 4 The People's Republic of China exercises sovereign rights over the continental shelf for the purpose of exploring and exploiting the natural resources of the continental shelf. The People's Republic of China exercises jurisdiction over the continental shelf with regard to the establishment and use of artificial islands, installations and structures, marine scientific research and the protection and preservation of the marine environment. The People's Republic of China shall have the exclusive right to authorize and regulate drilling on the continental shelf for all purposes. The natural resources of the continental shelf referred to in this Law consist of the mineral and other non-living resources of the sea-bed and subsoil together with living organisms belonging to sedentary species, that is to say, organisms which, at the harvestable stage, either are immobile on or under the sea-bed or are unable to move except in constant physical contact with the sea-bed or the subsoil. Article 5 Any international organization, foreign organization or individual must obtain approval from the competent authority of the People's Republic of China before entering the exclusive economic zone of the People's Republic of China to engage in fishery activities, and must comply with the laws and regulations of the People's Republic of China as well as the treaties and agreements signed between the People's Republic of China and the relevant countries. The competent authority of the People's Republic of China shall have the right to ensure through proper conservation and management measures that the living resources in the exclusive economic zone are not endangered by over-exploitation. Article 6 The competent authority of the People's Republic of China shall have the right to conserve and manage in the exclusive economic zone the transboundary stocks, the highly migratory species, the marine mammals, the anadromous stocks which originate in the rivers of the People's Republic of China and the catadromous species which spend the greater part of their life cycle in the waters of the People's Republic of China. The People's Republic of China enjoys primary interest in the anadromous stocks which originate in the rivers of the People's Republic of China. Article 7 Any international organization, foreign organization or individual must obtain approval from the competent authority of the People's Republic of China before undertaking activities to exploit or explore the natural resources of the exclusive economic zone or the continental shelf of the People's Republic of China, or for drilling on the continental shelf of the People's Republic of China for any purpose, and must comply with the laws and regulations of the People's Republic of China. Article 8 The People's Republic of China shall have the exclusive right in the exclusive economic zone and the continental shelf to construct, and to authorize and regulate the construction, operation and use of artificial islands, installations and structures. The People's Republic of China exercises exclusive jurisdiction over artificial islands, installations and structures in the exclusive economic zone or on the continental shelf, including jurisdiction with regard to customs, fiscal, health, safety and immigration laws and regulations. The competent authority of the People's Republic of China may establish safety zones around artificial islands, installations and structures in the exclusive economic zone or on the continental shelf, and it may in such zones take appropriate measures to ensure the safety both of navigation and of the artificial islands, installations and structures. Article 9 Any international organization, foreign organization or individual must obtain approval from the competent authority of the People's Republic of China before conducting any marine scientific research in the exclusive economic zone or on the continental shelf of the People's Republic of China, and must comply with the laws and regulations of the People's Republic of China. Article 10 The competent authority of the People's Republic of China shall have the right to take necessary measures to prevent, reduce and control pollution of the marine environment and to protect and preserve the marine environment of the exclusive economic zone and the continental shelf. Article 11 Subject to compliance with international law and the laws and regulations of the People's Republic of China, all countries enjoy freedom of navigation and overflight in the exclusive economic zone of the People's Republic of China and freedom to lay submarine cables and pipelines in the exclusive economic zone or on the continental shelf, as well as the convenience of other lawful uses of the sea relating to such freedoms. Prior consent to the course for the laying of submarine cables and pipelines has to be obtained from the competent authority of the People's Republic of China. Article 12 The People's Republic of China may, in the exercise of its sovereign rights to explore, exploit, conserve and manage the living resources in the exclusive economic zone, take necessary measures such as boarding, inspection, arrest, detention and judicial proceedings etc. to ensure compliance with the laws and regulations of the People's Republic of China. The People's Republic of China may, in respect of any violation of the laws or regulations of the People's Republic of China in the exclusive economic zone or on the continental shelf, take necessary measures, proceed against anyone for legal responsibility according to law, and exercise the right of hot pursuit. Article 13 The rights enjoyed by the People's Republic of China over the exclusive economic zone and the continental shelf which are not provided for under this Law shall be exercised under the international law and other relevant laws and regulations of the People's Republic of China. Article 14 The provisions of this Law shall not prejudice any historical right enjoyed by the People's Republic of China. Article 15 The Government of the People's Republic of China may make relevant provisions under this Law. Article 16 This Law shall come into force on the date of promulgation.