HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - CHAPTER 431 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - LONG TITLE Long title (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 An Ordinance to establish a body corporate to be known in the English Language as the Hong Kong Industrial Technology Centre Corporation and in the Chinese language as 香港工業科技中心公司 , to define its functions and to provide for related matters. (Enacted 1993) [1 June 1993] L.N. 149 of 1993 (Originally 21 of 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 1 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 1 Short title VerDate:30/06/1997 PART I PRELIMINARY (1) This Ordinance may be cited as the Hong Kong Industrial Technology Centre Corporation Ordinance. (2) (Omitted as spent) (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 2 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 2 Interpretation VerDate:30/06/1997 (1) In this Ordinance- "the Board" (董事局) is the board referred to in section 4; "the Chief Executive Officer" (行政總裁) means a person who for the time being stands appointed under section 10(1); "committee" (委員會), except in section 8(1), means a committee established under that section; "company" (公司) means a company within the meaning of the Companies Ordinance (Cap 32); "the Company" (臨時公司) means the Provisional Hong Kong Industrial Technology Centre Company Limited; "the Corporation" (科技公司) means the body established by section 3(1); "the establishment day" (成立日期) means the day appointed under section 1(2); "functions" (職能) includes powers and duties. (2) Where a technology has not been used in Hong Kong but has been used outside Hong Kong, for the purposes of this Ordinance that technology shall be regarded as being a new technology or, where appropriate, as being innovative. (3) References in this Ordinance to the performance of functions include, where the context admits, references to the exercise of powers. (Enacted 1993) "the Board" (董事局) "the Chief Executive Officer" (行政總裁) "committee" (委員會) "company" (公司) "the Company" (臨時公司) "the Corporation" (科技公司) "the establishment day" (成立日期) "functions" (職能) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 3 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 3 Establishment of Corporation; etc. VerDate:30/06/1997 PART II THE CORPORATION (1) There is hereby established a body to be known in the English language as the Hong Kong Industrial Technology Centre Corporation and in the Chinese language as 香港工業科技中心公司 which body shall consist of the persons for the time being appointed under section 1(1) of the Schedule. (2) The Corporation shall be a body corporate and accordingly shall have power to sue and be sued. (3) (a) The Corporation shall provide itself with a seal. (b) The seal of the Corporation shall be authenticated by the signatures either of 2 members of the Board or of 1 such member and the Chief Executive Officer. (c) The seal of the Corporation shall be affixed to a document if, and only if, its affixing to that document has been authorised by a resolution of the Board. (4) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Corporation by any person generally or specially authorised for that purpose by the Board. (5) Any deed which purports to have been executed under the seal of the Corporation shall, unless the contrary is proved, be treated as having been duly executed by the Corporation. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 4 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 4 Board of directors VerDate:30/06/1997 (1) The Corporation shall have a board of directors. (2) The Board shall on behalf or in the name of the Corporation perform the functions of the Corporation (including furtherance of the object referred to in section 5(2)) and control of the Corporation's administration, business and other affairs is hereby placed with the Board. (3) The provisions contained in the Schedule apply to the Board. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 5 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 5 Commercial principles; principal object of Corporation VerDate:30/06/1997 (1) The Corporation shall conduct its business according to prudent commercial principles. (2) The principal object of the Corporation shall be through its endeavours to facilitate the promotion of technological innovation and development and the application of new technologies in industry in Hong Kong, and in order to further that object the Corporation shall establish, maintain, manage and otherwise operate a centre to be known in the English language as the Hong Kong Industrial Technology Centre and in the Chinese language as 香港工業科技中心 ("the Centre" (科技中心)). (3) The Corporation may, for the purpose of establishing, maintaining, managing or otherwise operating the Centre, either solely or jointly with another person, provide or acquire and then maintain such buildings or other structures, apparatus, equipment, services or facilities or carry out such works as the Corporation shall consider necessary or expedient. (4) The provisions of subsection (2) or (3) shall not be construed as affecting the generality of section 6(1). (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 6 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 6 General powers of Corporation, etc. VerDate:30/06/1997 (1) The Corporation shall have power to do anything which is requisite or expedient for, or is calculated to facilitate, or is conducive or incidental to, the performance of any of its functions and which is not inconsistent with any other provision of this Ordinance. (2) Without affecting the generality of subsection (1), the Corporation may- (a) acquire, hold and dispose of property (including land) of any description; (b) subject to subsection (4), make contracts or other agreements (including agreements to let buildings or parts of buildings); (c) with the approval of the Financial Secretary, borrow or raise money on such security or other conditions as the Board considers appropriate; (d) provide facilities and services for, in relation to or to assist all or any 1 or more of the following- (i) product design; (ii) product development; (iii) the transfer of technology which in the Board's opinion is relevant to 1 or more industries in Hong Kong; (iv) the exploitation in Hong Kong of technological research conducted or undertaken in Hong Kong or elsewhere; (e) become and be a member, or otherwise take part in the activities or other proceedings, of any association or other body of persons concerned with any matter related to technology or management; (f) produce, publish and sell books, papers and periodicals and tapes, discs or other products intended to produce visual images, sound or visual images and sound by means of audio-visual equipment; (g) organize and hold or conduct exhibitions wholly or partly related to technology, seminars and other courses so related; (h) fix and charge fees as regards services or facilities provided by it; (i) accept gifts of money or other property of any description upon such terms and conditions (if any) as shall be specified by the donor; provided that a gift shall not be accepted by the Corporation if any condition attached by the donor is inconsistent with the functions of the Corporation. (3) (a) Without affecting the generality of subsection (1), but subject to paragraphs (b), (c) and (d), the Corporation may establish a fund ("the Fund" (基金)) moneys standing to the credit of which may be used for all or any of the following- (i) to acquire for the Corporation shares, loan or other stock or a debenture issued by a company to which this subsection applies; (ii) to make 1 or more loans (on such terms and conditions as the Board shall consider appropriate) to such a company; (iii) to make 1 or more grants to such a company; (iv) otherwise to support financially such a company. (b) Moneys may be paid or transferred by the Corporation to the credit of the Fund only with the prior consent of the Financial Secretary. (c) The Financial Secretary may give to the Corporation directions in writing as regards the management or operation of the Fund and in case such a direction is given and is not withdrawn the Corporation shall comply with it. (d) (i) Before establishing the Fund the Corporation shall submit to the Financial Secretary for his approval a statement of the criteria to which the Corporation proposes to have regard before exercising the powers conferred on it by paragraph (a)(i) to (iv) ("the relevant powers" (有關權力)). (ii) Where an approval has been given under this subsection, the Corporation may subsequently submit to the Financial Secretary for his approval another statement of criteria described in subparagraph (i). (iii) Where a statement is submitted under this subsection, the Financial Secretary may approve of the criteria concerned, approve of them with modifications or refuse to approve of them. (iv) The Corporation shall not exercise a relevant power unless an approval has previously been given under this subsection and in exercising any such power the Corporation shall have regard to, and only to, the criteria which are for the time being approved of under this subsection or, where appropriate, such of those criteria as are relevant in the particular circumstances. (e) (i) In this subsection "acquire" (取得) includes acquisition in lieu of payment of rent due to the Corporation. (ii) This subsection applies to any company which is engaged, whether partly or wholly, in either or both of the following, namely, technological innovation or the application or development of new technologies. (4) Any agreement whereby the Corporation agrees to let a building or part of a building shall be subject to the terms of the conveyance under which the land concerned is held by the Corporation and if any such agreement conflicts with such terms it shall, to the extent that it so conflicts, either have effect subject to such terms or, where appropriate having regard to such terms, not have effect. (5) In this section- "property" (財產) does not include a security; "security" (證券), except in subsection (2)(c), means any share, loan or other stock, debenture, fund, or any bond or notes of, or issued by (or on behalf of), any body (whether established or extant in Hong Kong or elsewhere and whether corporate or unincorporated) and includes- (a) any right, option or interest (whether described as a unit or otherwise) in or in respect of any of the foregoing; (b) any certificate of interest or participation in, or temporary or interim certificate for, receipt for, or warrant to subscribe to or purchase any of the foregoing; or (c) any instrument commonly known as a security. (Enacted 1993) "acquire" (取得) "property" (財產) "security" (證券) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 7 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 7 Delegation and sub-delegation of Corporation's functions VerDate:30/06/1997 (1) (a) Subject to subsection (2), the Board may delegate any of the Corporation's functions, other than a power or duty specified in subsection (5), to- (i) the Chief Executive Officer; or (ii) any committee established under section 8. (b) Nothing in this subsection shall be construed as enabling any person to execute on behalf of the Corporation any document under seal. (2) (a) A delegation under this section shall not prevent the concurrent performance by the Corporation of the function delegated. (b) A delegation under this section may contain restrictions or conditions as regards the performance of the functions thereby delegated. (c) The Board may revoke a delegation under this section. (3) Where the Board makes a delegation under this section, it may at the same time authorize the Chief Executive Officer or the committee to whom the delegation is made to sub-delegate the function delegated and such authorization may contain restrictions or conditions as regards the exercise of the power to sub-delegate under the authorization. (4) Where the Chief Executive Officer or a committee purports to act pursuant to a delegation or sub-delegation under this section, he or it shall be presumed, until the contrary is shown, to be acting in accordance with the terms of the delegation or sub-delegation. (5) The powers and duties which the Board may not delegate under this section are- (a) the power to delegate conferred by subsection (1); (b) its powers or duties under section 6(3)(a) or (d)(i) or (ii), 10(1) or (3)(a), 19(2) or 20(1)(a), (3) or (4). (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 8 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 8 Board may establish committees VerDate:30/06/1997 (1) Subject to the proviso to subsection (2)(a), the Board may establish standing or special committees and may refer or assign to any such committee any matter for consideration or inquiry by the committee. (2) (a) The Board may appoint any person to be a member of a committee; provided that not less than 2 of the members of a committee shall also be members of the Board. (b) The Board may appoint a person to be the chairman of a committee. (3) Any reference or assignment under subsection (1) and every appointment under subsection (2) may be withdrawn or revoked by the Board, and no such reference or assignment shall prevent the concurrent performance by the Corporation of any of its functions. (4) (a) Subject to subsection (2)(b) and paragraph (b), a committee may elect any of its members to be chairman and may regulate its own procedure and business. (b) In regulating its procedure and business a committee shall be subject to and act in accordance with any direction given under subsection (6) which is for the time being in force and relates to it. (5) Subject to subsection (6), meetings of a committee shall be held at such times and places as the chairman of that committee may determine. (6) The Board may issue directions in writing regulating the procedure of committees or the manner in which specified business of committees is to be dealt with and such a direction may relate to committees generally, committees of a class or description specified in the direction or a particular committee. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 9 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 9 Disclosure of interest, etc. VerDate:30/06/1997 (1) As soon as practicable after appointment to membership, or as and when occasion may thereafter require, a member of the Corporation (including the Chairman) shall declare to the Board in such manner as is for the time being determined by the Board (whether by standing orders or otherwise) any interest of his which is of a class or description so determined. (2) (a) Where a member of the Board or a committee is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in any other matter whatsoever which is to be considered, decided or determined by the Board or a committee, he shall comply with the following requirements- (i) he shall disclose to the relevant meeting of the Board or, where appropriate, the committee the nature of his interest (and such disclosure shall be recorded in the minutes of the meeting); (ii) he shall withdraw from the meeting while the matter is being discussed or considered, unless- (A) if he is not the person presiding at such meeting of the Board or committee, he is permitted to take part in such discussion and consideration by the person so presiding; or (B) if he is the person so presiding, a majority of the other members present at the meeting decide so to permit him; (iii) he shall not vote or otherwise act (apart from, where appropriate, acting pursuant to subparagraph (ii)) as a member of the Board or committee in relation to the matter; and (iv) he shall thenceforth neither influence nor seek to influence a decision of the Board or committee as regards the matter otherwise than with the Chairman's prior approval or in accordance with subparagraph (ii). (b) Where a disclosure is made under paragraph (a) and the person concerned is not required to withdraw from the relevant meeting, then for so long as the matter to which the disclosure relates is being discussed or otherwise considered at such meeting the presence of the person by whom the disclosure was made shall be disregarded for the purposes of forming a quorum for the meeting. (c) The validity of any proceeding of the Board or a committee shall not be affected by the failure by a member of the Board or committee to comply with a provision of this section. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 10 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 10 Chief Executive Officer and other staff of Corporation VerDate:30/06/1997 (1) Subject to the approval of the Financial Secretary, the Corporation shall appoint a person, who may be a public officer, to be its chief executive officer. (2) In addition to the power conferred on it by subsection (1), the Corporation may from time to time appoint such and so many persons to be its employees as it thinks proper. (3) (a) Subject to paragraph (b), the Chief Executive Officer and all other employees of the Corporation shall be paid such remuneration and allowances and shall hold their employment on such other terms and conditions as the Board shall determine. (b) The powers conferred by paragraph (a) shall be exercised by the Board in relation to the Chief Executive Officer (or a person proposed for appointment to that office) with, and only with, the approval of the Financial Secretary. (4) The Corporation may make arrangements for the establishment and maintenance of such schemes (whether contributory or not) as it shall consider appropriate for the payment to or in respect of the Chief Executive Officer and its other employees of retirement benefits, gratuities or other allowances. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 11 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 11 Consultants and advisers, etc. VerDate:30/06/1997 (1) The Corporation may from time to time engage such consultants or advisers as it may consider necessary or expedient for the performance of its functions and any fees due to a person engaged pursuant to this subsection shall be paid by the Corporation out of moneys at its disposal. (2) Nothing in this section shall be construed as affecting the generality of section 6(1). (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 12 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 12 Directions to Corporation VerDate:01/07/1997 Adaptation amendments retroactively made - see 65 of 2000 s. 3 (1) The Chief Executive may, if he considers it to be in the public interest so to do, give to the Corporation such general directions in writing as regards the performance of any of its functions as he considers appropriate. (Amended 65 of 2000 s. 3) (2) The Corporation shall in performing its functions comply with any direction under this section. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 12 Directions to Corporation VerDate:30/06/1997 (1) The Governor may, if he considers it to be in the public interest so to do, give to the Corporation such general directions in writing as regards the performance of any of its functions as he considers appropriate. (2) The Corporation shall in performing its functions comply with any direction under this section. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 13 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 13 Information VerDate:01/07/1997 Adaptation amendments retroactively made - see 65 of 2000 s. 3 The Corporation shall, if required by the Chief Executive, furnish to him such information (which is not personal in nature), being information with respect to any of its activities specified in the requirement, its finances or the policy it is pursuing or proposes to pursue, as the Chief Executive specifies. (Enacted 1993. Amended 65 of 2000 s. 3) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 13 Information VerDate:30/06/1997 The Corporation shall, if required by the Governor, furnish to him such information (which is not personal in nature), being information with respect to any of its activities specified in the requirement, its finances or the policy it is pursuing or proposes to pursue, as the Governor specifies. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 14 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 14 Capital of Corporation VerDate:30/06/1997 PART III FINANCIAL PROVISIONS AND REPORTS (1) (a) The authorized capital of the Corporation is the amount equal to the aggregate for the time being of the amounts which have been granted from the public fund known as the Capital Investment Fund either to the Company or to the Corporation. (b) The authorized capital of the Corporation shall be divided into shares of such denomination as the Financial Secretary shall determine. (2) The Corporation may from time to time issue at par to the Government such number of shares (in a denomination determined in accordance with subsection (1)) as the Financial Secretary shall consider appropriate. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 15 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 15 Dividends VerDate:30/06/1997 The Corporation may declare and pay into the general revenue dividends on shares issued to the Government under section 14. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 16 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 16 Investment of certain funds VerDate:30/06/1997 Funds of the Corporation which are not immediately required shall- (a) be placed on deposit with any authorized institution within the meaning of the Banking Ordinance (Cap 155) which is for the time being approved of for the purposes of this section by the Financial Secretary; or (b) subject to the prior approval of the Financial Secretary, be invested in such other manner as the Corporation shall consider appropriate. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 17 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 17 Payment of certain funds into general revenue VerDate:30/06/1997 The Financial Secretary may declare any part of the funds of the Corporation to be surplus funds and direct the Corporation to pay into the general revenue the part of its funds to which the declaration relates. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 18 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 18 Tax VerDate:30/06/1997 No tax within the meaning of the Inland Revenue Ordinance (Cap 112) shall be charged on the Corporation. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 19 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 19 Financial year and estimates of income and expenditure VerDate:30/06/1997 (1) The financial year of the Corporation shall be the period of 12 months beginning on 1 April, but its first financial year shall commence on the establishment day and end on the following 31 March. (2) (a) Subject to paragraph (b), the Corporation shall, not later than a date in each financial year, being the date which is for the time being specified for the purposes of this paragraph by the Financial Secretary, send to the Financial Secretary estimates of its income and expenditure for the next subsequent financial year. (b) As regards a particular financial year, the Financial Secretary may, if he thinks fit, extend the period during which estimates are to be sent to him pursuant to paragraph (a). (c) The Financial Secretary may refuse to accept estimates sent to him pursuant to the requirements of paragraph (a) and where he does so he shall require the Corporation, within such time as shall be specified in the requirement, to send to him revised estimates of the relevant income and expenditure. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 20 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 20 Annual reports, accounts and audits VerDate:30/06/1997 (1) (a) Subject to paragraph (c), the Corporation shall keep proper accounts and records of its financial transactions and shall as soon as practicable after the expiry of a particular financial year prepare a statement of accounts. (b) A statement of accounts referred to in paragraph (a) shall include a profit and loss account and also a balance sheet as on the last day of the financial year to which it relates. (c) The Financial Secretary may give to the Corporation a direction in writing requiring it to keep the accounts and records referred to in paragraph (a) in a form and in a manner specified in the direction, and in case such a direction is given and is not withdrawn the Corporation shall comply with it. (2) A statement of accounts referred to in subsection (1)(a) shall be audited by an auditor who shall make a written report thereon to the Corporation. (3) The auditor by whom an audit required by subsection (2) is to be carried out shall be appointed by the Corporation. (4) The Corporation shall not later than 6 months after the end of each financial year, prepare a report on its activities during that financial year. (5) The Corporation shall not later than 6 months after the end of a particular financial year, or such longer period as the Financial Secretary may allow, furnish to him- (a) a report on the activities of the Corporation for that year; (b) a copy of its statement of accounts for that year; and (c) a copy of the auditor's report for that year, and the Financial Secretary shall cause a copy of each of the reports and a copy of the statement to be laid on the table of the Legislative Council. (6) In this section "auditor" (核數師) means a person who for the time being is registered under the Professional Accountants Ordinance (Cap 50) and holds a practising certificate within the meaning of that Ordinance. (Enacted 1993) "auditor" (核數師) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 21 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 21 Preservation of secrecy VerDate:01/07/1997 Adaptation amendments retroactively made - see 65 of 2000 s. 3 "official investigation" (正式調查) "official inquiry" (正式查訊) PART IV MISCELLANEOUS (1) The Chairman or any other member of the Corporation, the Chief Executive Officer or any other employee of the Corporation, and any other person who performs, or assists another person in the performance of, a function assigned to the Corporation by this Ordinance- (a) shall, at all times (including any time subsequent to his employment) after he has performed or so assisted in the performance of any such function (and whether or not he may again perform or assist in the performance of any such function or his employment continues), preserve and aid in preserving secrecy with regard to any matter which is described in subsection (2) and which comes to his knowledge in the performance of, or in assisting in the performance of, any such function; (b) except while so performing or assisting, shall not at any time communicate any such matter to any other person; and (c) shall not at any time suffer or permit any other person to have access to any record or other document which is in his possession or under his control by virtue of his performing or having performed, or assisting or having assisted any other person in the performance of, such a function or being or having been such an employee. (2) The matters referred to in subsection (1) are information relating to the commercial or other business affairs of any person. (3) Notwithstanding subsection (1), a person may disclose information- (a) with the permission in writing of the person to whom the information relates; (b) to the Chief Executive in compliance with a requirement under section 13; (Amended 65 of 2000 s. 3) (c) for the purposes of any criminal proceedings, criminal or official investigation or official inquiry instituted, commenced or conducted in Hong Kong or whose institution, commencement or conduct in Hong Kong is under consideration; (d) in connection with any civil proceedings to which the Corporation is a party. (4) Where information is disclosed in any of the circumstances described in subsection (3)(a), (c) or (d), neither- (a) the person to whom that information is disclosed; nor (b) any person obtaining or receiving the information, whether directly or indirectly, from the person referred to in paragraph (a), shall disclose the information, or any part thereof, to any other person without the consent of the Chief Executive Officer. (5) Any person who contravenes subsection (1) or (4) commits an offence and shall be liable on summary conviction to a fine of $10000 and to imprisonment for 6 months. (6) In this section "official investigation" (正式調查) and "official inquiry" (正式查訊) means an investigation or, where appropriate, an inquiry instituted, commenced or conducted pursuant to any Ordinance or instituted, commenced or conducted by or on behalf of a public body. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 21 Preservation of secrecy VerDate:30/06/1997 PART IV MISCELLANEOUS (1) The Chairman or any other member of the Corporation, the Chief Executive Officer or any other employee of the Corporation, and any other person who performs, or assists another person in the performance of, a function assigned to the Corporation by this Ordinance- (a) shall, at all times (including any time subsequent to his employment) after he has performed or so assisted in the performance of any such function (and whether or not he may again perform or assist in the performance of any such function or his employment continues), preserve and aid in preserving secrecy with regard to any matter which is described in subsection (2) and which comes to his knowledge in the performance of, or in assisting in the performance of, any such function; (b) except while so performing or assisting, shall not at any time communicate any such matter to any other person; and (c) shall not at any time suffer or permit any other person to have access to any record or other document which is in his possession or under his control by virtue of his performing or having performed, or assisting or having assisted any other person in the performance of, such a function or being or having been such an employee. (2) The matters referred to in subsection (1) are information relating to the commercial or other business affairs of any person. (3) Notwithstanding subsection (1), a person may disclose information- (a) with the permission in writing of the person to whom the information relates; (b) to the Governor in compliance with a requirement under section 13; (c) for the purposes of any criminal proceedings, criminal or official investigation or official inquiry instituted, commenced or conducted in Hong Kong or whose institution, commencement or conduct in Hong Kong is under consideration; (d) in connection with any civil proceedings to which the Corporation is a party. (4) Where information is disclosed in any of the circumstances described in subsection (3)(a), (c) or (d), neither- (a) the person to whom that information is disclosed; nor (b) any person obtaining or receiving the information, whether directly or indirectly, from the person referred to in paragraph (a), shall disclose the information, or any part thereof, to any other person without the consent of the Chief Executive Officer. (5) Any person who contravenes subsection (1) or (4) commits an offence and shall be liable on summary conviction to a fine of $10000 and to imprisonment for 6 months. (6) In this section "official investigation" (正式調查) and "official inquiry" (正式查訊) means an investigation or, where appropriate, an inquiry instituted, commenced or conducted pursuant to any Ordinance or instituted, commenced or conducted by or on behalf of a public body. (Enacted 1993) "official investigation" (正式調查) "official inquiry" (正式查訊) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 22 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 22 Corporation not servant or agent of Crown VerDate:30/06/1997 The Corporation is neither the servant nor agent of the Crown nor does it enjoy any status, immunity or privilege of the Crown. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 23 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 23 Immunity VerDate:30/06/1997 Subject to section 21(5) no liability shall be incurred by any individual person in respect of anything done, or omitted to be done, by him in good faith (whether as a member of the Board or otherwise) in the performance or purported performance of any function under this Ordinance (including a function duly delegated or sub-delegated under this Ordinance). (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 24 (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 24 Dissolution of Company and transfer of property, etc. VerDate:30/06/1997 (1) The Company shall, on the establishment day, be dissolved by virtue of this section. (2) All property, whether movable (including choses in action) or immovable, which immediately before the establishment day was vested in or belonged to or was held in trust or subject to conditions for the Company and all rights, powers and privileges relating to or connected with any such property, shall on the establishment day, without any conveyance or assignment, be transferred to and vested in or become the property of, or property held in trust or subject to conditions for, the Corporation. (3) All property transferred by this section which immediately before the establishment day was standing in the books of any bank or was registered in the books of any bank, corporation or company in the name of the Company shall, upon the request of the Board made at any time on or after the establishment day, be transferred in those books by the bank, corporation or company into the name of the Corporation. (4) Every chose in action transferred by this section may, on or after the establishment day, be sued upon, recovered, or enforced by the Corporation in its own name and it shall not be necessary for the Corporation to give notice to the person bound by any such chose in action of the transfer effected by this section. (5) Every debt or other liability (including unliquidated liabilities arising from torts or breaches of a contract) which immediately before the establishment day is owing and unpaid or has been incurred and is undischarged by the Company shall, on the establishment day, become and be the debt or liability of the Corporation and shall be paid or discharged by and may be recovered from and shall be enforceable against the Corporation accordingly. (6) Every contract which was entered into and is in force immediately before the establishment day between the Company and any person shall continue in force on and after the establishment day, but it shall be construed and have effect as if the Corporation were substituted therein for the Company and shall be enforceable by or against the Corporation accordingly. (7) Where, immediately before the establishment day, any legal proceedings are pending to which the Company is a party, the name of the Corporation shall be substituted for that of the Company and the proceedings shall not abate by reason of such substitution. (8) The Stamp Duty Ordinance (Cap 117) shall not apply to the vesting in the Corporation of property or rights transferred by this section. (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SECT 25 (Omitted as spent) VerDate:30/06/1997 (Omitted as spent) (Enacted 1993) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SCHEDULE SCHEDULE (Repealed 5 of 2001 s. 35) VerDate:07/05/2001 HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SCHEDULE SCHEDULE VerDate:01/07/1997 Adaptation amendments retroactively made - see 65 of 2000 s. 3 [sections 3(1) & 4(3)] PROVISIONS AS RESPECTS THE BOARD AND THE MEMBERS THEREOF 1. Constitution of Board (1) (a) The Board shall consist of a chairman to be appointed by the Chief Executive ("the Chairman" (主席)) and such number, to be determined by the Chief Executive (but being neither less than 9 nor more than 15), of ordinary members. (Amended 65 of 2000 s. 3) (b) Each of the ordinary members of the Board shall be appointed by the Financial Secretary. (c) Where the number of ordinary members falls below the minimum number required for the time being, the Financial Secretary shall make such appointment or appointments as may be necessary to comply with that requirement. (2) (a) The Chairman and every ordinary member, other than a member of the Board who is, at the time of his appointment, a public officer, shall be appointed for a term not exceeding 3 years which shall be fixed at the time of appointment. (b) An ordinary member who at the time of his appointment is a public officer shall hold office as such a member at the discretion of the Chief Executive. (Amended 65 of 2000 s. 3) (3) (a) The Chairman may at any time resign from his office as Chairman by letter addressed to the Chief Executive. (Amended 65 of 2000 s. 3) (b) An ordinary member may resign from membership of the Board by letter addressed to the Financial Secretary. (4) The Chief Executive may by notice in writing remove from office- (a) any member of the Board whom he reasonably believes has failed to perform a duty to declare or disclose imposed on him by section 9 of this Ordinance; or (b) any member of the Board, not being a public officer, who has, in the Chief Executive's opinion, become incapable through ill-health of performing his duties, or who has committed stated misbehaviour, or whose removal appears to the Chief Executive to be desirable for the effective performance by the Corporation of its functions, and the powers to remove from office conferred by this subsection are in addition to, and not in substitution for, those conferred on the Chief Executive by subsection (2)(b). (Amended 65 of 2000 s. 3) (5) A person who has been the Chairman or other member of the Board and who has not been removed from office under subsection (4) shall be eligible for re-appointment to membership of the Board. (6) Notwithstanding anything in his appointment (under this Ordinance) by the Chief Executive or the Financial Secretary, as the case may be, where- (Amended 65 of 2000 s. 3) (a) a member of the Board who, at the time of his appointment, was a public officer ceases to be such an officer; (b) a member of the Board becomes a public officer, he shall at the same time cease to be such a member. (7) At a meeting of the Board- (a) the Chairman shall preside at the meeting; or (b) if the Chairman is not present, the members present shall choose one of their number to preside at the meeting. (8) The quorum for a meeting of the Board shall be 4. (9) Each member of the Board present at a meeting thereof shall have a vote. (10) Every question for decision at a meeting of the Board shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the person presiding at the meeting shall have a casting vote. (11) Subject to having a quorum, the Board may act notwithstanding a vacancy in the office of the Chairman or otherwise among its members. (12) (a) Subject to the provisions of this Schedule, the Board may organize and regulate its administration, procedure and business. (b) (i) The Board shall hold such and so many meetings as may be necessary for the performance of its functions. (ii) A meeting of the Board shall be convened by the Chairman or if the Chairman is absent from Hong Kong or is unable to act as chairman for any other reason, by any 2 members of the Board. 2. Temporary replacement (1) Where the Chief Executive is satisfied that the Chairman or any other member of the Board is unable, because of temporary incapacity or some other cause, to act as a member of the Board, the Chief Executive may appoint another person so to act, during a period specified in the appointment, in place of the member whose inability cause the appointment to be made. (2) The period specified in an appointment under subsection (1) may be extended by the Chief Executive if he is satisfied that the person whose inability caused the appointment to be made continues to be unable to act as a member of the Board. (3) An appointment under this section shall continue in force until the period specified in the appointment or, where appropriate, that period as extended, expires or until the appointment is revoked by the Chief Executive, whichever first occurs. (4) For so long as an appointment under this section is in force, the person whose incapacity caused it to be made shall not act (whether as a chairman or otherwise) as a member of the Board or a committee appointed under section 8 of this Ordinance. (Amended 65 of 2000 s. 3) 3. Definition In this Schedule "ordinary member" (普通成員) means any member of the Board other than the Chairman. (Enacted 1993) "the Chairman" (主席) "ordinary member" (普通成員) HONG KONG INDUSTRIAL TECHNOLOGY CENTRE CORPORATION ORDINANCE - SCHEDULE SCHEDULE VerDate:30/06/1997 [sections 3(1) & 4(3)] PROVISIONS AS RESPECTS THE BOARD AND THE MEMBERS THEREOF 1. Constitution of Board (1) (a) The Board shall consist of a chairman to be appointed by the Governor ("the Chairman" (主席)) and such number, to be determined by the Governor (but being neither less than 9 nor more than 15), of ordinary members. (b) Each of the ordinary members of the Board shall be appointed by the Financial Secretary. (c) Where the number of ordinary members falls below the minimum number required for the time being, the Financial Secretary shall make such appointment or appointments as may be necessary to comply with that requirement. (2) (a) The Chairman and every ordinary member, other than a member of the Board who is, at the time of his appointment, a public officer, shall be appointed for a term not exceeding 3 years which shall be fixed at the time of appointment. (b) An ordinary member who at the time of his appointment is a public officer shall hold office as such a member at the will and pleasure of the Governor. (3) (a) The Chairman may at any time resign from his office as Chairman by letter addressed to the Governor. (b) An ordinary member may resign from membership of the Board by letter addressed to the Financial Secretary. (4) The Governor may by notice in writing remove from office - (a) any member of the Board whom he reasonably believes has failed to perform a duty to declare or disclose imposed on him by section 9 of this Ordinance; or (b) any member of the Board, not being a public officer, who has, in the Governor's opinion, become incapable through ill-health of performing his duties, or who has committed stated misbehaviour, or whose removal appears to the Governor to be desirable for the effective performance by the Corporation of its functions, and the powers to remove from office conferred by this subsection are in addition to, and not in substitution for, those conferred on the Governor by subsection (2)(b). (5) A person who has been the Chairman or other member of the Board and who has not been removed from office under subsection (4) shall be eligible for re-appointment to membership of the Board. (6) Notwithstanding anything in his appointment (under this Ordinance) by the Governor or the Financial Secretary, as the case may be, where - (a) a member of the Board who, at the time of his appointment, was a public officer ceases to be such an officer; (b) a member of the Board becomes a public officer, he shall at the same time cease to be such a member. (7) At a meeting of the Board - (a) the Chairman shall preside at the meeting; or (b) if the Chairman is not present, the members present shall choose one of their number to preside at the meeting. (8) The quorum for a meeting of the Board shall be 4. (9) Each member of the Board present at a meeting thereof shall have a vote. (10) Every question for decision at a meeting of the Board shall be determined by a majority of votes of the members present and, in the event that voting is equally divided, the person presiding at the meeting shall have a casting vote. (11) Subject to having a quorum, the Board may act notwithstanding a vacancy in the office of the Chairman or otherwise among its members. (12) (a) Subject to the provisions of this Schedule, the Board may organize and regulate its administration, procedure and business. (b) (i) The Board shall hold such and so many meetings as may be necessary for the performance of its functions. (ii) A meeting of the Board shall be convened by the Chairman or if the Chairman is absent from Hong Kong or is unable to act as chairman for any other reason, by any 2 members of the Board. 2. Temporary replacement (1) Where the Governor is satisfied that the Chairman or any other member of the Board is unable, because of temporary incapacity or some other cause, to act as a member of the Board, the Governor may appoint another person so to act, during a period specified in the appointment, in place of the member whose inability cause the appointment to be made. (2) The period specified in an appointment under subsection (1) may be extended by the Governor if he is satisfied that the person whose inability caused the appointment to be made continues to be unable to act as a member of the Board. (3) An appointment under this section shall continue in force until the period specified in the appointment or, where appropriate, that period as extended, expires or until the appointment is revoked by the Governor, whichever first occurs. (4) For so long as an appointment under this section is in force, the person whose incapacity caused it to be made shall not act (whether as a chairman or otherwise) as a member of the Board or a committee appointed under section 8 of this Ordinance. 3. Definition In this Schedule "ordinary member" (普通成員) means any member of the Board other than the Chairman. (Enacted 1993) "the Chairman" (主席) "ordinary member" (普通成員)