Hong Kong Ordinances

HONG KONG PRODUCTIVITY COUNCIL ORDINANCE - SECT 5

Powers of Council

(Past version on 30/06/1997).

(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 Chief Executive 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 Chief Executive 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 Chief Executive 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 Chief Executive, 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 Chief Executive, 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 Chief Executive. (Added 18
of 1990 s. 2)

(2) The Council may, with the approval of the Chief Executive, 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. (Amended 57 of 1985 s. 4; 65 of 2000 s. 3)