URBAN COUNCIL FINANCIAL BY-LAWS - CHAPTER 101A URBAN COUNCIL FINANCIAL BY-LAWS - LONG TITLE Empowering section (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 101, section 37) [29 March 1974] (L.N. 74 of 1974) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 1 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 1 Citation VerDate:30/06/1997 These by-laws may be cited as the Urban Council Financial By-laws. URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 2 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 2 Interpretation VerDate:30/06/1997 In these by-laws, unless the context otherwise requires- "approved estimates of revenue" (批准收入預算) and "approved estimates of expenditure" (批准開支預算) mean respectively the annual estimates of revenue or expenditure approved by the Council for each financial year and any duly authorized variations thereto; (L.N. 136 of 1984) "Committee" (委員會) means the Finance Select Committee of the Urban Council; "Director" (署長) means the Director of Urban Services; "tender board panel" (招標委員會工作小組) means a panel consisting of not less than 2 members of the Committee. (L.N. 164 of 1993) "approved estimates of revenue" (批准收入預算) "approved estimates of expenditure" (批准開支預算) "Committee" (委員會) "Director" (署長) "tender board panel" (招標委員會工作小組) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 3 (Repealed L.N. 136 of 1984) VerDate:30/06/1997 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 4 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 4 Variation of estimates VerDate:30/06/1997 (1) A variation of a provision in a sub-head in the approved estimates of expenditure may be approved by- (a) the Director where the variation does not increase that provision by more than 20%; (b) the Committee where the variation does not increase that provision by more than 30%; (c) the standing committee where the variation increases that provision by more than 30%. (2) The Director may approve a variation of a provision in a sub-head in the approved estimates of expenditure for personal emoluments provided that the variation does not increase that provision by more than 10%. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 5 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 5 Authorization of expenditure VerDate:30/06/1997 Under any head of expenditure in the approved estimates of expenditure, the Director may incur expenditure of an amount not exceeding the provision appearing in any sub-head under such head: Provided that the Director shall not incur expenditure by reason of any revision of staff salaries without the approval of the Committee. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 6 (Repealed L.N. 164 of 1993) VerDate:30/06/1997 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 7 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 7 Transfer of provision VerDate:30/06/1997 Where funds are appropriated to any sub-head under any head of expenditure in the approved estimates of expenditure, the Committee or the Director may authorize the transfer of such funds to any other sub-head under that or any other head of expenditure of an amount- (a) in the case of an authorization by the Committee, not exceeding 30%; and (b) in the case of an authorization by the Director, not exceeding 20%, of the provision appearing in the sub-head into which they are transferred. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 8 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 8 Director etc. to lay particulars of delegation before Council VerDate:30/06/1997 (1) Subject to paragraph (2), particulars of any variation of provision, incurrence of expenditure, or transfer of funds between sub-heads- (a) if made under by-law 4(1)(a) or (2), 5 or 7(b), shall be reported to the Committee and laid before the Council by the Director; (b) if made under by-law 4(1)(b) or 7(a), shall be laid before the Council by the Committee; (c) if made under by-law 4(1)(c), shall be laid before the Council by the standing committee, within 2 months of that variation, incurrence or transfer. (2) Where the Committee or the Council is in recess and the Director, Committee or standing committee is thereby precluded from reporting or laying, as the case may be, such particulars within 2 months- (a) the Director shall report to the Committee; or (b) the Director, Committee or standing committee, as the case may be, shall lay before the Council, as appropriate, such particulars at the first meeting of the Committee or Council, as the case may be, after such recess. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 8A (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 8A Creation of new items, etc. VerDate:30/06/1997 (1) The standing committee may create new sub-heads or items to be included in the approved estimates of expenditure. (2) Subject to paragraph (3), the standing committee authorizing the creation of a new sub-head or item under paragraph (1) shall lay particulars of the new sub-head or item before the Council within 2 months of its creation. (3) Where the Council is in recess and the standing committee is thereby precluded from laying before the Council such particulars within 2 months, the standing committee shall lay such particulars before the Council at the first meeting of the Council after such recess. (L.N. 340 of 1981; L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 9 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 9 Tender VerDate:30/06/1997 (1) Except where the Committee has approved an alternative procedure to apply in any particular case or class of cases, all goods and services required by the Council shall be procured by competitive tender and in accordance with such tender procedures as the Committee may from time to time approve. (2) Subject to any procedure approved by the Committee in accordance with paragraph (1), the Director may accept a tender for the supply of goods or services- (a) where the value does not exceed such amount as may be determined from time to time by the Committee for the purpose of this subparagraph; (b) where the value is in excess of the amount determined from time to time for the purposes of subparagraph (a) but does not exceed such amount as may be determined from time to time by the Committee for the purpose of this subparagraph, with the consent of the tender board panel; (c) where the value exceeds the amount determined from time to time for the purposes of subparagraph (b), with the consent of the Committee. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 10 (Repealed L.N. 164 of 1993) VerDate:30/06/1997 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 11 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 11 Non-tender VerDate:30/06/1997 (1) Notwithstanding the provisions of by-law 9- (a) the standing committee may generally or specifically- (i) authorize the making of any purchase or the obtaining of any service for the Council without recourse to tender; (ii) where tender procedures are impractical and inappropriate, authorize expenditure by Select Committees without recourse to tender; and (b) goods and services, other than museum acquisitions, may, where tender procedures are impractical or inappropriate, be acquired by the Director without recourse to tender where the value does not exceed such amount as may be determined by the Committee from time to time. (2) Subject to paragraph (3), where- (a) the standing committee makes an authorization; or (b) the Director makes an acquisition, pursuant to paragraph (1), the standing committee or the Director, as the case may be, shall lay particulars of the expenditure in relation to such authorization or acquisition before the Council within 2 months after it is incurred. (3) Where the Council is in recess and the standing committee or the Director is thereby precluded from laying the particulars before the Council within 2 months, the standing committee or the Director, as the case may be, shall lay the particulars before the Council at its first meeting after such recess. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 12 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 12 Appeal to standing committee VerDate:30/06/1997 Where any request by a Select Committee for any supplementary provision is refused or deferred by the Committee, the Chairman of such Select Committee may as of right appeal against such refusal or deferral to the standing committee whose decision shall be final. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 13 (Repealed L.N. 164 of 1993) VerDate:30/06/1997 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 14 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 14 General Reserve Fund VerDate:30/06/1997 (1) The Council may create a General Reserve Fund into which and from which shall be paid such funds of the Council as the Committee may from time to time determine. (2) Any interest earned on monies standing to the credit of the General Reserve Fund shall be credited to the revenue of the Council. (L.N. 164 of 1993) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 15 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 15 Capital Projects Reserve Fund VerDate:30/06/1997 (1) The Council may create a Capital Projects Reserve Fund into which shall be paid such funds of the Council as the Committee may from time to time determine. (2) Monies standing to the credit of the Capital Projects Reserve Fund- (a) shall be applied by the Committee to defray costs for capital works in excess of the provision for such works appearing in the approved estimates of expenditure; and (b) (Repealed L.N. 164 of 1993) (c) may, with the prior approval of the standing committee, be applied for purposes other than those specified in sub-paragraph (a). (L.N. 164 of 1993) (3) Any interest earned on monies standing to the credit of the Capital Projects Reserve Fund shall be credited to the revenue of the Council. (L.N. 164 OF 1993) (L.N. 284 of 1975) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 16 (Repealed 78 of 1999 s. 3) VerDate:01/01/2000 URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 16 Museums Acquisition Reserve Fund VerDate:16/07/1999 (1) The Council may create a Museums Acquisition Reserve Fund into which shall be paid the following- (a) such funds of the Council as the Committee may from time to time determine; (b) such funds as may be donated to the Council for the acquisition of museum or art pieces; and (c) any interest that may from time to time accrue on monies standing to the credit of the Museums Acquisition Reserve Fund. (2) Subject to paragraph (3), monies standing to the credit of the Museums Acquisition Reserve Fund shall be applied by the Museums Select Committee to defray the cost of acquisitions by the museums of the Council. (L.N. 164 of 1993; L.N. 189 of 1999) (3) Funds paid into the Museums Acquisition Reserve Fund under paragraph (1)(a) and (c) may, with the prior approval of the standing committee, be applied for purposes other than that specified in paragraph (2). (L.N. 189 of 1999) (L.N. 340 of 1981) URBAN COUNCIL FINANCIAL BY-LAWS - BYLAW 16 Museums Acquisition Reserve Fund VerDate:30/06/1997 (1) The Council may create a Museums Acquisition Reserve Fund into which shall be paid the following- (a) such funds of the Council as the Committee may from time to time determine; (b) such funds as may be donated to the Council for the acquisition of museum or art pieces; and (c) any interest that may from time to time accrue on monies standing to the credit of the Museums Acquisition Reserve Fund. (2) Monies standing to the credit of the Museums Acquisition Reserve Fund shall be applied by the Museums Select Committee to defray the cost of acquisitions by the museums of the Council. (L.N. 164 of 1993) (L.N. 340 of 1981)