LINGNAN COLLEGE ORDINANCE - CHAPTER 422 LINGNAN COLLEGE ORDINANCE - LONG TITLE Long title (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 An Ordinance to provide for the incorporation of Lingnan College and for matters connected therewith. (Enacted 1992) [15 November 1992] L.N. 371 of 1992 (Originally 72 of 1992) LINGNAN COLLEGE ORDINANCE - PREAMBLE Preamble (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - PREAMBLE Preamble VerDate:30/06/1997 WHEREAS- (1) in 1967 Lingnan College was registered as a school under the Education Ordinance (Cap 279); (2) in 1978 Lingnan College was registered as an Approved Post Secondary College under the Post Secondary Colleges Ordinance (Cap 320); and (3) it is considered desirable that Lingnan College should continue to provide education in Hong Kong and that the College should be incorporated under an Ordinance: NOW THEREFORE BE IT ENACTED by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows- (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 1 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY (1) This Ordinance may be cited as the Lingnan College Ordinance. (2) (Omitted as spent) (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 2 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 2 Interpretion VerDate:30/06/1997 In this Ordinance, unless the context otherwise requires- "Academic Board" (教務會) means the Academic Board of the College established under section 20; "academic year" (教學年度) means the academic year determined by the Council; "Board of Governors" (校董會) means the Board of Governors established by section 8; "College" (學院) means Lingnan College incorporated by section 3; "Council" (校務會) means the Council of the College established by section 12; "eligible staff" (合資格的教職員) means the full-time teaching and instructional staff of the College, and includes members of the administrative staff of the College of equivalent rank or grade as determined by the President; "financial year" (財政年度) means the period fixed by the College under section 22(3); "President" (校長) means the President appointed under section 17 and any person for the time being acting in that capacity; "Vice-President" (副校長) means a Vice-President appointed under section 17. (Enacted 1992) "Academic Board" (教務會) "academic year" (教學年度) "Board of Governors" (校董會) "College" (學院) "Council" (校務會) "eligible staff" (合資格的教職員) "financial year" (財政年度) "President" (校長) "Vice-President" (副校長) LINGNAN COLLEGE ORDINANCE - SECT 3 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 3 Incorporation and objects of the College VerDate:30/06/1997 PART II THE COLLEGE (1) The body known at the commencement of this Ordinance as Lingnan College (嶺南學院) shall in that name be a body corporate. (2) The objects of the College shall be to provide for education, studies, training and research in arts, commerce, social science, science and other subjects of learning. (Enacted 1992) Lingnan College (嶺南學院) LINGNAN COLLEGE ORDINANCE - SECT 4 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 4 Visitor VerDate:30/06/1997 There shall be a Visitor of the College who shall be the Governor. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 5 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 5 Seal of the College VerDate:30/06/1997 (1) The College 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 signatures of- (i) the President or of any Vice-President; and (ii) 1 member of the Council, authorized by the Council either generally or specially to act for that purpose. (2) A document purporting to be duly executed under the common seal of the College shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 6 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 6 Powers of the College VerDate:30/06/1997 Subject to section 7, the College shall have power to do all such things as are necessary for, or incidental or conducive to or connected with, the furtherance of its objects and may in particular, without limiting the generality of the foregoing- (a) 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; (b) provide appropriate amenities, including residential accommodation, facilities for social activities and physical recreation for its students and persons in its employment; (c) invest its funds in such manner and to such extent as it thinks necessary or expedient; (d) borrow money in such manner and on such security or terms as it thinks expedient; (e) engage any professional or expert person to advise it on any matter arising out of or in connection with any of its functions; (f) 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; (g) reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case; (h) receive and solicit gifts, whether on trust or otherwise, on its behalf and act as trustee of monies or other property vested in it on trust; and (i) confer degrees and academic awards including honorary degrees and honorary awards. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 7 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 7 College, Board of Governors and Council to be subject to the directions of the Governor in Council VerDate:30/06/1997 (1) The Governor in Council may give to the College, the Board of Governors or the Council such directions as he thinks fit with respect to the exercise of their respective powers or the performance of their respective functions under this Ordinance, either generally or in any particular case. (2) In the exercise of their respective powers and the performance of their respective functions, the College, the Board of Governors and the Council 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. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 8 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 8 Establishment of the Board of Governors VerDate:30/06/1997 PART III THE BOARD OF GOVERNORS There is hereby established a Board of Governors to be known as the Board of Governors of Lingnan College. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 9 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 9 Membership of the Board of Governors VerDate:30/06/1997 (1) The Board of Governors shall consist of the following members- (a) 18 members nominated by the Lingnan Education Organization Limited and appointed by the Governor; (b) 8 members appointed by the Governor; (c) 9 members nominated by the members appointed under paragraphs (a) and (b) and appointed by the Governor; (d) 3 members elected by the eligible staff from among their number in accordance with rules made under section 27 and appointed by the Governor; (e) the President as an ex officio member; and (f) a graduate or past student of Lingnan College, as it existed before or after its incorporation under this Ordinance, nominated by the Lingnan University Alumni Association (Hong Kong) Limited and appointed by the Governor (2) The Governor shall appoint from the members appointed under subsection (1)(b)- (a) 1 member as Chairman; (b) 1 member as Deputy Chairman; and (c) 1 member as Treasurer. (3) 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. (4) If for any period both the Chairman and the Deputy Chairman are unable by reason of absence from Hong Kong or inability to act in their respective offices, or if for any period both of those offices are vacant, the members may appoint one of the members appointed under subsection (1)(b) to act as Chairman during that period. (5) The Governor may appoint a member for a period of 3 years or such lesser period as the Governor determines. (6) A member may at any time by notice in writing to the Governor resign from the Board of Governors, but this subsection shall not apply to the ex officio member. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 10 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 10 Meetings and procedure of the Board of Governors VerDate:30/06/1997 (1) Meetings of the Board of Governors shall be held at such times and places as the Chairman may appoint. (2) The Chairman shall, at the request of not less than 10 members, convene within 21 days after receiving the request an extraordinary meeting for the purpose of discussing such matters as are specified by the requesting members. (3) 21 members shall form a quorum at a meeting of the Board of Governors. (4) If a member has a personal interest, whether directly or indirectly, in any matter to be considered at a meeting of the Board of Governors and is present at the 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 a majority of the members present, withdraw from the meeting while the matter is considered and in any case shall not vote thereon. (5) In subsection (4), "interest" (利害關係) includes a pecuniary interest. (6) A meeting of the Board of Governors may be adjourned by the Chairman or the person presiding or, where a majority of the members present so resolves, by the members. (7) Subject to this Ordinance, the Board of Governors may determine its own procedure and may exclude from any of its meetings or any part thereof the President or any member appointed under section 9(1)(d) when, in the opinion of the Chairman or the person presiding, such exclusion is in the best interests of the College. (Enacted 1992) "interest" (利害關係) LINGNAN COLLEGE ORDINANCE - SECT 11 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 11 Powers of the Board of Governors VerDate:30/06/1997 (1) Subject to section 7, the Board of Governors is the supreme governing body of the College and the Council shall comply with any directions given to it by the Board of Governors. (2) The Board of Governors- (a) shall appoint a President and Vice-Presidents in accordance with section 17; (b) may consider the annual budget estimates and direct the Council to amend them in a specified manner; and (c) may examine the annual accounts together with any comments that may have been made by the auditors and give such directions as it considers necessary to the Council in connection therewith. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 12 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 12 Establishment, powers and duties of the Council VerDate:30/06/1997 PART IV THE COUNCIL (1) There is hereby established a Council to be known as the Council of Lingnan College. (2) Subject to any directions given by the Board of Governors, the Council is the executive body of the College and, as such, may exercise all the powers conferred and shall perform all of the duties imposed on the College by this Ordinance. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 13 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 13 Membership of the Council VerDate:30/06/1997 (1) The Council shall consist of the following members- (a) 7 members elected from among their number by the members of the Board of Governors appointed under section 9(1)(a) and appointed by the Governor; (b) the members of the Board of Governors appointed under section 9(1)(b), as ex officio members; (c) 7 members, of whom not less than 4 shall have experience in commerce and industry in Hong Kong, appointed by the Governor; (d) 2 members, who may include any of the 3 members of the Board of Governors appointed under section 9(1)(d), elected by the eligible staff from among their number in accordance with rules made under section 27 and appointed by the Governor; (e) 2 members nominated by the Academic Board and appointed by the Governor; and (f) the President as an ex officio member. (2) The Chairman of the Board of Governors shall be Chairman of the Council. (3) The Deputy Chairman of the Board of Governors shall be Deputy Chairman of the Council. (4) The Treasurer of the Board of Governors shall be Treasurer of the Council. (5) 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. (6) If for any period both the Chairman and the Deputy Chairman are unable by reason of absence from Hong Kong or inability to act in their respective offices, or if for any period both of those offices are vacant, the members may appoint one of the members referred to in subsection (1)(b) to act as Chairman during that period. (7) The Governor may appoint a member for a period of 3 years or such lesser period as the Governor determines. (8) A member may at any time by notice in writing to the Governor resign from the Council, but this subsection shall not apply to an ex officio member. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 14 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 14 Meetings and procedure of the Council VerDate:30/06/1997 (1) Meetings of the Council shall be held at such times and places as the Chairman may appoint. (2) The Chairman shall, at the request of not less than 7 members, convene within 21 days after receiving the request an extraordinary meeting for the purpose of discussing such matters as are specified by the requesting members. (3) 14 members shall form a quorum at a meeting of the Council. (4) If a member has a personal interest, whether directly or indirectly, in any matter to be considered at a meeting of the Council and is present at the 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 a majority of the members present, withdraw from the meeting while the matter is considered and in any case shall not vote thereon. (5) In subsection (4), "interest" (利害關係) includes a pecuniary interest. (6) A meeting of the Council may be adjourned by the Chairman or the person presiding or, where a majority of the members present so resolves, by the members. (7) Subject to this Ordinance, the Council may determine its own procedure and may exclude from any of its meetings or any part thereof the President or any member appointed under section 13(1)(d) or (e) when, in the opinion of the Chairman or the person presiding, such exclusion is in the best interests of the College. (Enacted 1992) "interest" (利害關係) LINGNAN COLLEGE ORDINANCE - SECT 15 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 15 Transaction of business by circulation of papers VerDate:30/06/1997 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. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 16 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 16 Committees generally VerDate:30/06/1997 (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 College; (b) to approve the programme and estimates required to be submitted under section 21; (c) to authorize the preparation of the statements required under section 22(2); or (d) to make rules under section 27. (5) Subject to any rule made under section 27, each committee may determine its own procedure at its meetings. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 17 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 17 Appointment of President, Vice-Presidents and other staff VerDate:30/06/1997 PART V PRESIDENT, VICE-PRESIDENTS AND OTHER STAFF (1) The Board of Governors shall, on the recommendation of the Council, appoint a President who, subject to the control of the Council, shall be the principal academic and administrative officer of the College. (2) The Board of Governors shall, on the recommendation of the Council, appoint 1 or more Vice-Presidents to assist the President. (3) The Council may appoint such other persons to be employees of the College as it considers expedient. (4) The Board of Governors may, on the recommendation of the Council, terminate the appointment of the President or a Vice-President on the ground of misconduct, incompetence, inefficiency or other good cause. (5) The Board of Governors shall, on the recommendation of the Council, appoint a person to act as President during the absence or incapacity of the President or if that office is or becomes vacant for any reason. (6) The Council may terminate the appointment of a member of the staff on the ground of misconduct, incompetence, inefficiency or other good cause. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 18 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 18 Power of the Council to delegate to the President VerDate:30/06/1997 (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. (2) The Council shall not delegate to the President the power- (a) to approve terms and conditions of service of persons in the employment of the College; (b) to approve the programme and estimates required to be submitted under section 21; (c) to authorize the preparation of the statements required under section 22(2); or (d) to make rules under section 27. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 19 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 19 Power of the President to delegate VerDate:30/06/1997 (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 subdelegating any power or duty of the Council delegated to him under section 18. (2) The power conferred by this section on the President to subdelegate any power or duty of the Council delegated to him shall be subject to any restriction on subdelegation imposed by the Council under section 18. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 20 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 20 Academic Board of the College VerDate:30/06/1997 PART VI ACADEMIC BOARD (1) There shall be an Academic Board of the College for the purpose of- (a) reviewing and developing academic programmes; (b) directing and regulating the teaching and research conducted in the College; (c) regulating the admission of persons to approved courses of study and their attendance at such courses; and (d) regulating the examinations leading to the degrees and academic awards of the College. (2) The Academic Board shall be appointed by the Council. (3) The membership and procedure of the Academic Board shall be in accordance with rules made by the Council under section 27. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 21 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 21 Estimates VerDate:30/06/1997 PART VII FINANCIAL ESTIMATES AND PROGRAMME The College 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. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 22 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 22 Accounts VerDate:30/06/1997 (1) The College shall maintain proper accounts and records of all its income and expenditure. (2) After the end of each financial year, the College 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 College may, from time to time, with the prior approval of the Governor, fix a period to be its financial year. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 23 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 23 Auditors VerDate:30/06/1997 (1) The College 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 College and to require such information and explanations thereof as they think fit. (2) The auditors shall audit the statements prepared under section 22(2) and shall report thereon to the College. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 24 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 24 Statements and reports to be laid on table of Legislative Council VerDate:30/06/1997 (1) The College shall, not later than 6 months after the end of each financial year, or before such later date as the Governor may allow in any particular year, submit to the Governor a report on its activities, copies of the statements prepared under section 22(2) and the report made under section 23(2). (2) The reports and statements received by the Governor under subsection (1) shall be laid on the table of the Legislative Council not later than 3 months after he receives them. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 25 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 25 Power of the Governor in Council to make regulations VerDate:30/06/1997 PART VIII GENERAL The Governor in Council may make regulations 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- (a) the admission of persons other than students, staff or members of the Council and Board of Governors to the premises of the College; and (b) regulating the conduct of persons admitted to the premises of the College and for the removal of any person who infringes any regulation made under this section. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 26 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 26 Unauthorized use of title of the College VerDate:30/06/1997 (1) No person shall incorporate or form, or be a director, officer, member or organizer of, or work in connection with, any body of persons which- (a) falsely purports or holds itself out to be- (i) the College or any branch or part thereof; or (ii) in any way connected or associated with the College; or (b) with intent to deceive or mislead, uses the title "Lingnan College" or a title in any language which so closely resembles that title as to be capable of deceiving or misleading any person into believing that the body of persons is- (i) the College or any branch or part thereof, or (ii) in any way connected or associated with the College. (2) A person who contravenes subsection (1) shall be guilty of an offence and is liable on conviction to a fine of $10000. (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 27 (Repealed 54 of 1999 s. 28) VerDate:30/07/1999 LINGNAN COLLEGE ORDINANCE - SECT 27 Power of the Council to make rules VerDate:30/06/1997 The Council may, subject to any regulation made under section 25, 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 make rules providing for- (a) the regulation of the proceedings of the Academic Board and of any committee appointed under section 16; (b) the membership and quorum of the Academic Board and of any committee appointed under section 16; (c) the powers and duties of the Academic Board and the powers and duties of any committee appointed under section 16; (d) the discipline of persons in the employment of the College; (e) the regulation of the conduct and discipline of students of the College; (f) the conferring of degrees and other academic awards, including honorary degrees and honorary awards; and (g) the holding and conduct of elections for the purpose of electing members of the eligible staff for appointment to the Board of Governors under section 9(1)(d) and the Council under section 13(1)(d). (Enacted 1992) LINGNAN COLLEGE ORDINANCE - SECT 28 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) LINGNAN COLLEGE ORDINANCE - SECT 29 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) LINGNAN COLLEGE ORDINANCE - SECT 30 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent)