LAND DEVELOPMENT CORPORATION ORDINANCE

LAND DEVELOPMENT CORPORATION ORDINANCE

LAWS OF HONG KONG

LAND DEVELOPMENT CORPORATION

ORDINANCE

CHAPTER 15





CHAPTER 15

LAND DEVELOPMENT CORPORATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title and commencement 2

2. Interpretation ............................. ... ... ... ... ... ... ... 2

PART II

ESTABLISHMENT OF THE LAND DEVELOPMENT
CORPORATION

3. Establishment of the Corporation ........... ... ... ... ... ... ... 2
4. Purposes of the Corporation ................ ... ... ... ... 3

5. Powers of the Corporation ... ... ... ... ... ... ... ... ... ... ... ... 3

PART III

FINANCIAL

6. Resources of the Corporation ... ... ... ... ... ... ... ... ... ... ... 5

7. Borrowing powers ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
8. Guarantee by the Government ... ... ... ... ... ... ... ... ... ... ... 6

9. Use of surplus funds ....................... ... ... ... ... ... ... ... 7

10. Corporation to act on commercial principles ... ... ... ... ... ... ... ... 7
11. Accounts, audit and annual report ... ... ... ... ... ... ... ... ... ... 7

12. Debt of the Corporation ................ ... ... ... ... ... ... ... 8

PART IV

DEVELOPMENT OF LAND

13. Development schemes ... ... ... ... ... ... ... ... ... ... ... ... ... 8

14. Submission of plans to Town Planning Board ... ... ... ... ... ... 9

PART V

REDEMPTION OF LAND

15. Power of Secretary to recommend resumption ... ... ... ... ... ... ... ... 10
16. Power to enter and inspect ... ... ... ... ... ... ... ... ... ... ... ... 11

PART VI

MISCELLANEOUS

17. Secretary may obtain information ... ... ... ... ... ... ... ... ... ... 12
18. Governor may give directions ... ... ... ... ... ... ... ... ... ... ... 12

19. By-laws ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12







20. Consequential and other amendments ... ... ... ... ... ... ... ... ... 13

First Schedule. Provisions with respect to the Corporation and Members thereof ... ... 13

Second Schedule. Consequential and other Amendments ... ... ... ... ... ... ... 15





CHAPTER 15

LAND DEVELOPMENT CORPORATION

To establish a corporation for the purpose of urban renewal and
matters incidental thereto.

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Land Development
Corporation Ordinance and shall come into operation on a day to be
appointed by the Governor by notice in the Gazette.

2. In this Ordinance, unless the context otherwise requires

'auditor' means a certified public accountant within the meaning of
section 2 of the Professional Accountants Ordinance;

'Corporation' means the Land Development Corporation established by
section 3(1);

'development scheme' means a scheme prepared under section 13(1);

'financial year' means the period commencing on 1 April each year and
ending on 31 March in the year following;

'land' means land of whatever description and includes a building
erected thereon and where an undivided share of a leasehold
interest in land has appurtenant to it rights to the exclusive use and
occupation of a building or part thereof erected thereon, includes
such share in the land and all rights appurtenant thereto, and any
estate, right, share or interest in land;

'Secretary' means the Secretary for Lands

'Town Planning Board' means the Town Planning Board appointed
under section 2 of the Town Planning Ordinance.

PART 11

ESTABLISHMENT OF THE LAND DEVELOPMENT CORPORATION

3. (1) There shall be established a body corporate, to be called the
Land Development Corporation, which shall have such powers and
duties as are conferred and imposed on it by, or by virtue of, this
Ordinance.

(2) The Corporation shall consist of





(a)a Chairman not being a public officer, who shall be appointed
by the Governor for a term not exceeding 3 years;

(b)the Chief Executive of the Corporation who shall be appointed
in the manner set out in paragraph 4 of the First Schedule;

(c)not less than 5 other members not being public officers, each
of whom shall be appointed by the Governor for a term not
exceeding 3 years;

(d)not more than 3 other members being public officers, each of
whom shall be appointed by the Governor and hold office at
the pleasure of the Governor,

and the members of the Corporation shall be the governing body thereof
and shall comprise its managing board with authority, in the name of the
Corporation, to exercise and perform the powers and duties conferred
and imposed on the Corporation by, or by virtue of, this Ordinance.

(3) The First Schedule shall have effect as respects the Corporation
and the members thereof.

(4) The Governor may by order amend the First Schedule.

(5) For the removal of doubt it is declared that, save insofar as is
inconsistent with the provisions of this Ordinance, Part VII of the
Interpretation and General Clauses Ordinance shall apply in relation to
the Corporation and appointments thereto.

4. The purposes of the Corporation are to-

(a)improve the standard of housing and the environment in Hong
Kong by undertaking, encouraging, promoting and facilitating
urban renewal;

(b)engage in such activities and perform such functions as may
be necessary for the undertaking, encouragement, promotion
and facilitation of urban renewal;

(c)engage in such other activities, and to perform such other
functions, as the Governor may, after consultation with the
Corporation, permit or assign to it by order published in the
Gazette.

5. (1) The Corporation may do all such things which are expedient
for or conducive to the attainment of the purposes declared in or
permitted or assigned under section 4 or all such things which, in the
opinion of the Corporation, are necessary to facilitate the proper
carrying out of the purposes of the Corporation.

(2) Subject to and without restricting the generality of subsection
(1), the Corporation may





(a)lease, purchase or otherwise acquire and hold land of any
description

(i) for any purpose within any area designated in writing to
the Corporation by the Secretary;

(ii) anywhere in Hong Kong for the purpose of providing
office accommodation for the Corporation or for the purpose
of providing residential accommodation for persons displaced
by the carrying out of the purposes of the Corporation;

(iii) otherwise with the approval of the Secretary either
generally or in any particular case;

(b)prepare development proposals and implement such
proposals;

(c)alter, construct, demolish, maintain or repair any building,
premises or structure ancillary thereto;

(d)provide and where appropriate maintain, alter or repair roads,
footways, parks, recreational grounds and similar open
spaces, bridges, drains, sewers and water courses other than
those the maintenance of which the Government or other
public body has undertaken or decides to undertake;

(e)manage any buildings, premises, or structures which it has
leased, purchased, acquired or otherwise holds and any
common parts thereof including any land ancillary thereto,
having regard to the interests, welfare and comfort of the
tenants, owners or occupiers thereof and may charge fees for
its services in connection with such management;

manage any roads, footways, bridges, car parks, parking
spaces, parks, recreational facilities and similar open spaces,
drains, sewers and water courses and other transport and
recreational facilities held under this Ordinance and may
charge fees for the provision of such services;

(g)set aside as use for car parks any land held by the
Corporation, designate parking spaces, control the use of car
parks and parking places and may allocate any place in a car
park or parking place for the use of vehicles of any description
or any particular type or class or for the use of any person or
persons of any particular class;

(h)provide fixtures, fittings or furniture in buildings acquired by
or under the control of the Corporation and may let, lend, hire
or otherwise dispose of such fixtures, fittings or furniture on
such terms and conditions as to payment or otherwise as the
Corporation may think fit;

(i)grant, sell, convey, assign, surrender, yield up, demise, let,
transfer or otherwise dispose of any land, or buildings,
messuages, tenements, vessels, goods and chattels for the
time being owned or held by the Corporation upon such terms
as the Corporation may deem fit;





enter into agreements with any person for the management by
such person of any land held by the Corporation;

(k)conduct any such survey and census as it thinks fit for the
purpose of drawing up any plans and for the purposes of
ascertaining a rehousing commitment resulting from any
development scheme;

(1)surrender any lease or apply for and agree to the modification
of lease conditions or enter into any exchange;

(m)undertake and execute any trust which has for its object the
furtherance of urban renewal or any other object similar or
incidental to any of the purposes of the Corporation;

(n)accept gifts and donations, whether of property or otherwise
and whether subject to any trust or not;

(o)appoint such employees as it may determine on such terms
and conditions as the Corporation thinks fit including the
payment of allowances, benefits and remuneration;

(p)make or provide ex gratia payments to any employee, or to the
personal representative of a deceased employee or to any
other person who was dependent on such employee at his
death;

(q)establish any body corporate for the purpose of doing all such
things which the Corporation may do and may vest in any
body corporate so established such objects and powers as in
the opinion of the Corporation are calculated to facilitate the
attainment of the purposes of the Corporation under this
Ordinance;

(r)exercise any of its powers either alone or in association with
any other person or persons.

PART III

FINANCIAL

6. (1) The resources of the Corporation shall consist of-

(a)all money paid by the Government to the Corporation and
appropriated for that purpose by the Legislative Council;

(b)all other money and property, including fees, rent, interest and
accumulations of income received by the Corporation for its
purposes.

(2) All money paid to or received by the Corporation shall be
deposited with such bank nominated by the Corporation as the Financial
Secretary may approve.

7. (1) The Corporation may borrow temporarily, by way of overdraft
or otherwise, such sums as it may require for meeting its obligations or
discharging its functions under this Ordinance.





(2) The Corporation may with the approval of the Financial
Secretary borrow, otherwise than by way of temporary loan, such sums
as it may require for

(a)meeting any expenses incurred by it in connection with any
works;

(b) working capital;

(c)repayment of any money borrowed by it, payment of the debt
due to the Government under section 12, and repayment of
any sums paid by the Government in fulfilment of a guarantee
under section 8;

(d)any other purpose for which moneys are properly applicable.

(3) A person lending money to the Corporation shall not be
concerned to inquire whether the borrowing of the money is legal or
regular or whether the money raised has been properly applied and shall
not be prejudiced by any illegality or irregularity or by misapplication or
non-application of the money.

(4) The Corporation may with the approval of the Financial
Secretary charge all or any part of its property as security for the
repayment of money borrowed.

8. (1) The Legislative Council may from time to time by resolution
authorize the Financial Secretary on behalf of the Government to grant
guarantees in respect of

(a)the repayment of loans made to, or the discharge of other
indebtedness of, the Corporation and the payment of interest,
premium or other charge thereon; and

(b)the redemption or repayment of, and the payment of interest,
premium or other charge on, any bonds, notes or other
securities issued by the Corporation,

up to an amount not exceeding in total that specified in the resolution
and subject to any terms or conditions therein specified.

(2) A guarantee given under this section which includes interest,
amounts payable in consequence of the operation of any price variation
clause, premium or other charges, shall not be invalid by reason only of
the fact that such interest, amounts, premium or charges, although
specified in the resolution authorizing the granting of the guarantee, are
not quantified as to total amount or included in the amount quantified in
such resolution.

(3) Any sum required for fulfilling a guarantee given under this
section by the Government shall be charged on and paid out of the
general revenue and any sum received by the Government by way of
repayment of a sum so paid out, or for interest thereon, shall be paid
into such general revenue.

(4) If, pursuant to a guarantee given under this section, the
Government makes a payment to a creditor of the Corporation in





respect of a debt secured by a mortgage or a specific or floating charge,
such sum shall be repayable to the Government by the Corporation,
together with interest thereon at such rate as the Financial Secretary
may determine, and the Government shall as from the time of payment
have the benefit of all the remedies vested in the creditor by virtue of
such mortgage or charge with liberty to exercise the rights and powers
arising thereunder in its own name and without any assignment by the
creditor.

9. All money of the Corporation that is not immediately required
shall be invested

(a)on deposit in any bank nominated by the Corporation and
approved by the Financial Secretary, either generally or in any
particular case, for the purpose; or

(b)in such other forms of investment as the Financial Secretary
may approve.

10. (1) The Corporation shall conduct its business according to
prudent commercial principles, but with the approval of the Financial
Secretary may engage in projects which are unlikely to be profitable.

(2) If in any financial year there is an excess of revenue of the
Corporation over the total sum required by it

(a)to meet the total outgoings of the Corporation properly
chargeable to revenue; and

(b) to enable the Corporation to-

(i) make such allocations to reserve as it may reasonably
consider adequate;

(ii) pay any moneys owing by it, whether or not payment is
legally due at the time,

the Financial Secretary may, after consultation with the Corporation,
give the Corporation directions requiring it to pay the whole or part of
the excess to the Government.

(3) Subject to any directions given under subsection (2), the
Corporation may deal with any such excess as is mentioned in that
subsection

(a)by applying it for such of the purposes of the Corporation as
the Corporation may determine; or

(b)by allocating it to reserve, whether generally or for a particular
purpose,

or partly in one of those ways and partly in another.

(4) Any sums received by the Government under this section shall
be paid into the general revenue.

11. (1) The Corporation shall keep proper accounts and proper
records in relation to the accounts.





(2) The Corporation shall, as soon as is practicable and in any case
not later than 3 months after the expiry of a financial year, prepare a
statement of the accounts of the Corporation, which statement shall
include an income and expenditure account and a balance sheet.

(3) The Corporation shall, with the prior approval of the Financial
Secretary to any appointment proposed to be made, appoint an auditor,
who shall be entitled to have access at any time to all books of account,
vouchers and other records of the Corporation and to require such
information and explanations relating thereto as he thinks fit.

(4) The auditor shall, as soon as is practicable, audit the accounts
required by subsection (2) and shall submit a report on the accounts to
the Corporation.

(5) The Corporation shall, as soon as is practicable and in any case
not later than 6 months after the expiry of a financial year, furnish

(a)a report on the affairs of the Corporation for that year;

(b)a copy of its accounts therefor; and

(c)the auditor's report on the accounts,

to the Financial Secretary who shall cause the same to be tabled in the
Legislative Council.

12. (1) The Corporation shall be indebted to the Government in a
sum equal to

(a)all money received by the Corporation under section 6(1)(a);

(b)all expenditure directly or indirectly incurred by the
Government for the benefit of the Corporation including
expenditure so incurred before the commencement of this
Ordinance.

(2) The Financial Secretary shall determine the amount of such
indebtedness and any interest thereon by certificate under his hand and
may for sufficient cause reduce or increase any amount so certified.

(3) The indebtedness of the Corporation under subsections (1) and
(2) and any interest thereon shall be discharged in such manner as the
Financial Secretary directs.

PART IV

DEVELOPMENT OF LAND

13. (1) The Corporation may with the approval of the Secretary
either generally or in a particular case, prepare in accordance with this
section, development schemes for any area within which the
Corporation may acquire property.





(2) A scheme referred to in subsection (1) may contain such
matters as the Corporation considers relevant and shall

(a)comprise a plan which may contain any thing that a draft plan
may contain under section 3 or 4 of the Town Planning
Ordinance;

(b)set out how the Corporation intends that the scheme will be
implemented, including whether implementation will be by the
Corporation alone or the Corporation in association with
another person and in relation to land within the boundaries of
the scheme, what portion of the land is owned or leased by the
Corporation and what arrangements have been made or are
contemplated by the Corporation for the acquisition of any
land not so owned or leased;

(c)contain an assessment by the Corporation as to the likely
effect of the implementation of the scheme including, in
relation to the residential accommodation of persons who will
be displaced by the implementation of the scheme, an
assessment as to whether or not, insofar as suitable
accommodation for such persons does not already exist,
arrangements can be made for the provision of such residential
accommodation in advance of any such displacement which
will result as the scheme is implemented.

(3) Without prejudice to the generality of subsection (2)(a), a plan
prepared thereunder may provide for the grant of permission under
section 16 of the Town Planning Ordinance, for all purposes or for any
purpose, and may prohibit any development not compatible with any
development scheme prepared under subsection (1).

14. (1) The Secretary may, at the request of the Corporation made in
writing to him in that behalf, submit any plan prepared under section
13(2)(a) to the Town Planning Board for approval under this section.

(2) Upon submission of a plan the Town Planning Board may

(a)approve it; or

(b)refuse to approve it.

(3) A plan approved by the Town Planning Board under this
section shall be deemed to be a draft plan prepared by the Town
Planning Board for the purposes of the Town Planning Ordinance and
the provisions of that Ordinance shall apply accordingly.

(4) Where under section 5 of the Town Planning Ordinance a plan
which is deemed to be a draft plan by virtue of subsection (3) of this
section is exhibited, such plan shall, from the date that the exhibition of
the plan is first notified in the Gazette, replace or amend according to its
tenor, any approved or draft plan under that Ordinance relating to the
area delineated and described therein.





(5) Where under section 9 of the Town Planning Ordinance the
Governor in Council refuses to approve a plan which is deemed to be a
draft plan by virtue of subsection (3) of this section, such refusal shall
be notified in the Gazette and shall revive any approved or draft
plan under that Ordinance which, under subsection (4) of this section,
was amended or replaced thereby.

PART V

RESUMPTION OF LAND

15. (1) The Corporation may in the circumstances specified in
subsection (2) apply in writing to the Secretary requesting him to
recommend to the Governor in Council the resumption of land under the
Crown Lands Resumption Ordinance.

(2) The circumstances referred to in subsection (1) are-

(a)that the Corporation has been unable to acquire any land
within the area of a plan which is deemed to be a draft plan by
virtue of section 14(3) of this Ordinance; or

(b)that the Corporation has been unable to acquire any land
which it requires to implement a development proposal
authorized under section 5(2)(b) of this Ordinance.

(3) The Secretary shall not make a recommendation in pursuance of
subsection (2)(a)

(a)unless application is made to him not later than 12
months after the approval by the Governor in Council under
section 9 of the Town Planning Ordinance of such plan or
such further period as the Secretary may allow; and

(b)unless he is satisfied that the Corporation has taken all
reasonable steps to otherwise acquire the land including
negotiating for the purchase thereof on terms that are fair and
reasonable.

(4) The Secretary shall not make a recommendation in pursuance of
subsection (2)(b)

(a)unless the development proposal may lawfully be
implemented by virtue of the provisions of any draft or
approved plan for the purposes of the Town Planning
Ordinance and, in the case where by virtue of such plan,
permission under section 16 of that Ordinance is required for
that implementation, the permission required has been
obtained;

(b)unless the application for resumption is accompanied by a
statement

(i) setting out how the Corporation intends that the
proposal will be implemented, including whether
implementation will be by the Corporation alone or the
Corporation in association with another person and in relation





to land within the boundaries of the proposal, what portion of
the land is owned or leased by the Corporation and what
arrangements have been made or are contemplated by the
Corporation for the acquisition of any land not so owned or
leased;

(ii) containing an assessment by the Corporation as to the
likely effect of the implementation of the proposal, including,
in relation to the residential accommodation of persons who
will be displaced by the implementation of the proposal, an
assessment as to whether or not, insofar as suitable
accommodation for such persons does not already exist,
arrangements can be made for the provision of such
residential accommodation in advance of any such
displacement which will result as the proposal is implemented;
and

(c)unless he is satisfied that the Corporation has taken all
reasonable steps to otherwise acquire the land including
negotiating for the purchase thereof on terms that are fair and
reasonable.

(5) For the purpose of this section, in considering whether or not
the Corporation has negotiated for the purchase of the land on terms
that are fair and reasonable, the Secretary may consult any person not
being a public officer whom he considers may be able to assist him in
forming an opinion, on which to base his decision in respect of that
negotiation.

(6) A resumption in pursuance of a recommendation by the
Secretary under this section shall be deemed to be a resumption for a
public purpose within the meaning of the Crown Lands Resumption
Ordinance.

16. (1) The Secretary or any person authorized by him in writing
may for the purposes of section 13(2)(c), 15(3)(b), 15(4)(b)(ii) or
15(4)(c)

(a)at any reasonable time during daylight, with the consent of the
occupier thereof, or of the owner thereof if there is no occupier
or if the occupier cannot be found, enter and inspect any
building, structure, or part thereof erected on any land
situated within the boundaries of a development scheme or of
a development proposal authorized under section 5(2)(b) and
take such particulars as he thinks fit; and

,(b)where he is unable to effect an entry into the building,
structure or part thereof in accordance with paragraph (a),
serve on the owner and occupier a notice in writing requiring
permission to so enter and inspect and after the expiry of 48
hours from the service of the notice may, at any reasonable
time during daylight, enter, using such force as is necessary
therefor, and inspect such building, structure or part thereof
and take such particulars as he thinks fit.





(2) Any person who obstructs the Secretary or any person
authorized by him in writing from entering or inspecting any building,
structure, or part thereof under subsection (1) commits an offence and is
liable

(a)on first conviction to a fine of $2,000; and

(b)on second or subsequent conviction to a fine of $10,000.

(3) A notice under subsection (1)(b) may be served by serving a
copy

(a) personally;

(b)by registered post addressed to the last known place of
business or residence of the person to be served; or

(c)by leaving the same with an adult occupier of the building,
structure, or part thereof to which the notice relates or by
posting the same upon a conspicuous part of such building,
structure or part thereof.

PART VI

MISCELLANEOUS

17. The Corporation shall upon request by the Secretary afford to
him sufficient facilities for obtaining information with respect to the
property and affairs of the Corporation and shall in such manner and at
such times as the Secretary may require furnish him with returns,
accounts and other information with respect thereto and afford to him
facilities for the verification of information furnished.

18. The Governor may, if he considers the public interest so
requires, give directions in writing to the Corporation in relation to the
performance of its functions or the exercise of its powers and the
Corporation shall comply with those directions.

19. (1) The Corporation may make by-laws regulating the conduct
of persons within any

(a)buildings, premises, or structures which it has leased,
purchased, acquired or otherwise holds and any common parts
thereof.,

(b)roads, footways, bridges, car parks, parking spaces, parks,
recreational facilities and similar open spaces, drains, sewers
and water courses and other transport and recreational
facilities held under this Ordinance.

(2) The following provisions shall apply in relation to by-laws made
by the Corporation under this section

(a)any by-law so made may provide that a contravention of
specified provisions thereof shall be an offence and may
prescribe penalties therefor not exceeding a fine of $2,000;





(b)without prejudice to any Ordinance relating to the prosecution
of criminal offences or to the powers of the Attorney General
in relation to the prosecution of criminal offences,
prosecutions under any by-law so made may be brought in the
name of the Corporation;

(c)all by-laws so made shall be subject to the approval of the
Legislative Council;

(d)the Corporation shall cause to be printed copies of all by-laws
so made which shall be kept at its principal office and be
available for sale to any person at a reasonable cost.

20. The provisions of the enactments as listed in the first column of
the Second Schedule are amended in the manner set out in the second
column thereof.

FIRST SCHEDULE [s. 3_]

PROVISIONS WITH RESPECT TO THE
CORPORATION
AND MEMBERS THEREOF

1. The Corporation shall have perpetual succession and a common seal.

2. The Corporation shall not be regarded as a servant or agent of the Crown, or
as enjoying any status, immunity or privilege of the Crown.

3. All matters relating to the terms and conditions of the appointment to the
service of the Corporation of the Chairman shall be determined by the Governor.

4. (1) The Corporation shall appoint a Chief Executive and shall determine the
terms and conditions of his appointment; but shall obtain the approval of the
Governor to any proposed appointment and to the suspension and dismissal of the
person appointed:

Provided that the person who was, immediately before the commencement of
this Ordinance, employed by the Government as Chief Executive-designate of the
Corporation shall, on and from that commencement, be the Chief Executive of the
Corporation.

(2) The Chief Executive shall perform, on behalf of the Corporation, such
functions as the Corporation may assign to him.

(3) The Chief Executive shall not without the permission of the Chairman
take part in any deliberation of the Corporation which concerns the terms of his
own appointment, suspension or dismissal and shall not vote on any question
concerning these matters.

5. (1) Subject to paragraphs 3 and 4, a member of the Corporation shall hold
and vacate his office in accordance with the terms of his appointment and shall, on
ceasing to be a member, be eligible for re-appointment.

(2) A member appointed under section 3(2)(c) may at any time by notice in
writing to the Governor resign his office.

6. (1) A member of the Corporation who is in any way directly or indirectly
interested in a contract made or proposed to be made by the Corporation, or in a
contract made or proposed to be made by a servant or agent or a partner of the
Corporation or, by a body corporate established by the Corporation which is
brought up for consideration by the Corporation, shall disclose the nature of his
interest at a meeting of the Corporation; and the disclosure shall be recorded in the
minutes of the meeting of the Corporation, and the member shall not without the
permission of the Chairman take any part in any deliberation of the Corporation
with respect to that contract and shall not in any event vote on any question





concerning it.

(2) For the purposes of sub-paragraph (1), a general notice given at a meeting
of the Corporation by a member thereof to the effect that he is a member of a
specified company or firm and is to be regarded as interested in any contract which
may, after





the date of the notice, be made with the company or firm shall be regarded as a
sufficient disclosure of his interest in relation to any contract so made or proposed
to be so made.

(3) A member of the Corporation need not attend in person at a meeting of
the Corporation in order to make a disclosure which he is required to make under
this paragraph if he takes reasonable steps to secure that the disclosure is made by a
notice which is brought up and read at the meeting.

7. (1) The Corporation-

(a)shall pay to the members thereof such salaries or fees, and such
allowances, as the Financial Secretary may determine; and

(b)as regards any member in whose case the Financial Secretary may so
determine, shall pay such pension, allowance or gratuity to or in respect of
him or make such payments towards the provision of such a pension,
allowance or gratuity as may be so determined,

and, if a person ceases to be a member of the Corporation and it appears to the
Financial Secretary that there are special circumstances which make it right that
that person should receive compensation the Financial Secretary may require the
Corporation to pay to that person a sum of such amount as the Financial Secretary
may determine.

(2) The provisions of this paragraph shall apply in the case of the Chairman
and the Chief Executive only to such extent as the Financial Secretary may
determine.

8. If the Governor is satisfied that a member of the Corporation appointed
under section 3(2)(c)

(a)has been absent from meetings of the Corporation for a period longer than
3 consecutive months without the permission of the Corporation; or

(b)has become bankrupt or made an arrangement with his creditors; or

(c)is incapacitated by physical or mental illness; or

(d)is otherwise unable or unfit to discharge the functions of a member,

the Governor may declare his office as a member of the Corporation to be vacant,
and shall notify the fact in such manner as the Governor thinks fit; and upon such
declaration the office shall become vacant.

9. The quorum of the Corporation shall be 6 and, while a member is
disqualified from taking part in a decision or deliberation of the Corporation in
respect of a matter, he shall be disregarded for the purpose of constituting a quorum
of the Corporation for deciding, or deliberating on, that matter.

10. Subject to the foregoing provisions of this Schedule, the Corporation shall
have power to regulate its own procedure including the manner in which decisions
of the Corporation may be made by a quorum of its members otherwise than at a
meeting of the Corporation.

11. The Corporation may transact any of its business by circulation of papers
amongst members whether any such member is in or outside Hong Kong, 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
Corporation.

12. (1) The Corporation may create, and appoint the members of, such
committees for the better carrying out of the purposes and powers of the
Corporation as it thinks fit.







(2) Persons who are not members of the Corporation are eligible for
appointment to committees.

(3) The chairman of a committee created under sub-paragraph (1) shall be
appointed by the Corporation and the number of members of a committee shall be
determined by the Corporation.

(4) Subject to the terms of any delegation by the Corporation or to any
directions of the Corporation, a committee

(a)may exercise and perform the delegated powers and functions with the
same effect as if it were the Corporation itself,





(b)shall be presumed to be acting in accordance with the terms of the
delegation in the absence of proof to the contrary;

(c) may regulate its own procedure.

(5) The proceedings of any committee created under sub-paragraph (1) shall
not be invalidated by any defect in the appointment of any member thereof, the
absence of any such member from the meeting at which any such proceeding
occurred or any vacancy among such members.

13. (1) Subject to sub-paragraph (2), the Corporation may, with or without
restrictions or conditions as it thinks fit, delegate in writing any of its powers to
any committee created under paragraph 12(1).

(2) The Corporation shall not delegate the power-

(a) to create any committee;

(b) to appoint the Chief Executive;

(c)to determine matters relating to the remuneration and terms and
conditions of appointment or employment of the Chief Executive or, of
the staff of the Corporation;

(d)to establish, manage and control, or enter into an arrangement for the
establishment, management and control of any fund or scheme for the
purpose of providing for the pensions, gratuities, benefits and payments to
the staff of the Corporation;

(e)to furnish after the expiry of the financial year, a report on the affairs of
the Corporation for that year, a copy of its accounts therefor and the
auditor's report on the accounts;

to request the Secretary to submit a plan of a development scheme to the
Town Planning Board; or

(g)to request the Secretary to recommend to the Governor in Council the
resumption of any land.

14. A certificate signed by the Chief Executive of the Corporation that an
instrument of the Corporation purporting to be made or issued by or on behalf of
the Corporation was so made or issued shall be conclusive evidence of that fact.

15. Every document purporting to be an instrument made or issued by or on
behalf of the Corporation and to be duly executed under the seal of the
Corporation, or to be signed or executed by the Chief Executive or a person
authorized by the Corporation to act in that behalf, shall be received in evidence
and deemed, without further proof, to be so made or issued unless the contrary is
shown.

SECOND SCHEDULE [s. 20.]

CONSEQUENTIAL AND OTHER AMENDMENTS

Enactment Amendment

1. Crown LandsDelete section 5 and substitute the following-
Resumption

Ordinance 'Reversion of 5. On the expiration of 1 month, or
ownership to any longer period authorized under sec-
the Crown tion 4(3), the land other than any land
purchased by agreement under section 4A
shall-
(a) where it is an undivided share






in land, vest in The Financial
Secretary Incorporated together
with such rights to the use and
occupation of any building or part
thereof as may be appurtenant to
the ownership of that share; and





Enactment Amendment

(b) in all other cases, revert to the
Crown,

and all the rights of the owner, his assigns
or representatives and of any other
person in or over the land or any part
thereof shall absolutely cease.'.

2. Prevention of In the Schedule insert after item 50 the following-
Bribery Ordinance '51. Land Development Corporation.'.
Originally 71 of 1987. Short title and commencement. Interpretation. (Cap. 50.) (Cap. 131.) Establishment of the Corporation. First Schedule. First Schedule. First Schedule. (Cap. 1.) Purposes of the Corporation. Powers of the Corporation. Resources of the Corporation. Borrowing powers. Guarantee by the Government. Use of surplus funds. Corporation to act on commercial principles. Accounts, audit and annual report. Debt of the Corporation. Development schemes. (Cap. 131.) (Cap. 131.) Submission of plans to Town Planning Board. (Cap. 131.) (Cap. 131.) (Cap. 131.) Power of Secretary to recommend resumption. (Cap. 124.) (Cap. 131.) (Cap. 131.) (Cap. 124.) Power to enter and inspect. Secretary may obtain information. Governor may give directions. By-laws. Consequential and other amendments. Second Schedule. (Cap. 124.) (Cap. 201.)

Originally 71 of 1987. Short title and commencement. Interpretation. (Cap. 50.) (Cap. 131.) Establishment of the Corporation. First Schedule. First Schedule. First Schedule. (Cap. 1.) Purposes of the Corporation. Powers of the Corporation. Resources of the Corporation. Borrowing powers. Guarantee by the Government. Use of surplus funds. Corporation to act on commercial principles. Accounts, audit and annual report. Debt of the Corporation. Development schemes. (Cap. 131.) (Cap. 131.) Submission of plans to Town Planning Board. (Cap. 131.) (Cap. 131.) (Cap. 131.) Power of Secretary to recommend resumption. (Cap. 124.) (Cap. 131.) (Cap. 131.) (Cap. 124.) Power to enter and inspect. Secretary may obtain information. Governor may give directions. By-laws. Consequential and other amendments. Second Schedule. (Cap. 124.) (Cap. 201.)

https://oelawhk.lib.hku.hk/items/show/2240

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