Hong Kong Ordinances

AIRPORT AUTHORITY ORDINANCE - SECT 9

Delegation and sub-delegation of Authority's functions

(Past version on 30/06/1997).

(1) Subject to subsection (3), the Authority may delegate any of
the Authority's functions, other than a function specified in subsection

(7)- (Amended 32 of 2000 s. 48)

   (a)  to any member or employee (including the Chief Executive  Officer) of
        the Authority or any committee (including the Audit Committee) or any
        subsidiary; and

   (b)  if, but only if, it has the Financial Secretary's prior written
        consent, to any other person.

(2) (a) Subject to paragraph (c), a delegation under this section shall not
prevent the concurrent performance by the Authority of the function delegated.

   (b)  In addition to the matters covered by paragraph (c), a delegation
        under this section may contain terms and conditions relating to the
        performance of the function delegated.

   (c)  Subject to obtaining the prior approval of the Financial Secretary, a
        delegation under this section may also contain both of the following-

        (i)    a provision providing that the function to which it relates
               shall not be concurrently performable by the Authority; and

        (ii)   a provision specifying the circumstances in which the
               delegation shall be irrevocable.

   (d)  The Financial Secretary may require the Authority to revoke a
        delegation under this section, other than a delegation in respect of
        which he has given an approval under paragraph (c), and the Authority
        shall comply with any such requirement.

   (e)  Subject to paragraph (d), the Authority may, subject to any provision
        included pursuant to paragraph (c)(ii), revoke a delegation under this
        section.

(3) (a) The Financial Secretary may by a direction in writing given for the
purposes of this subsection require the Authority not to delegate any 1 or
more of its functions under this Ordinance and specified in the direction
except with his prior consent.

   (b)  For so long as a direction under this subsection is in force
        the Authority shall comply with it.

(4) A delegation as regards which a power under subsection (2)(c) has been
exercised shall only be amended by the Authority with the agreement of the
Financial Secretary.

(5) (a) Where the Authority makes a delegation under this section, it may at
any time authorize the person to whom the delegation is made to sub-delegate
the function delegated and, if the Authority thinks fit, authorize the further
sub-delegation of such function to the extent specified in the authorization.

   (b)  Such an authorization may contain restrictions or conditions as
        regards the exercise of the power to sub-delegate or, where
        appropriate, further sub-delegate under the authorization.

(6) Where a person purports to act pursuant to a delegation or sub-delegation
under this section, he shall be presumed, until the contrary is shown, to be
acting in accordance with the terms of the delegation or sub-delegation.

(7) The functions which the Authority may not delegate under subsection (1)
are-

   (a)  the power to delegate conferred by subsection (1);

   (b)  the power to form or acquire a subsidiary;

   (c)  the power to acquire or dispose of shares in a subsidiary;

   (d)  a power conferred by section 35 or 36.

(8) (Repealed 32 of 2000 s. 48) (Enacted 1995)