HONG KONG INDUSTRIAL ESTATES CORPORATION ORDINANCE

HONG KONG INDUSTRIAL ESTATES CORPORATION ORDINANCE

LAWS OF HONG KONG

0

HONG KONG INDUSTRIAL ESTATES

CORPORATION ORDINANCE

CHAPTER 209





CHAPTER 209

HONG KONG INDUSTRIAL ESTATES CORPORATION
ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ..........................3
2. Interpretation .......................3

PART 11

INCORPORATION AND POWERS

3. Establishment of the Corporation .....4
4. Purposes of the Corporation ..........4
5. General powers of the Corporation ....4
6. Plans of industrial estates ........5
7. Board of the Corporation .............6
8. Proceedings of the Board .............7
9. Validity of proceedings ..............7
10.......................................Seal of the Corporation 7
11.......................................Documents of the Corporation 7
12.......................................Certain documents not required to be sealed 8
13.......................................Appointment of committees 8
14.......................................Delegation 8

PART 111

CONTROL OF INDUSTRIAL ESTATES

15........................................Power to remove trespassers 9
16........................................Power to enter and inspect buildings 9
17........................................Power to take possession and dispose of property 9

PARTIV

FINANCIAL

18........................................Provisions of working capital 10
19........................................Debt of the Corporation 10





Section..................................... Page
20. Power to borrow money .................11
21. Bank accounts .........................11
22. Investment of surplus funds ...........11
23. Payment of surplus funds into general revenue 12

24............................Accounts ....................
..............................12

25......................................Audit 12
26................Reports to be laid on table of Legislative Council 12

PART V

STAFF

27..........................Appointment of Chief Executive 12
28..............Appointment of employees and conditions of employment 13
29................Employment of technical and professional advisers 13
30..................................Staff benefits 13

PART VI

GENERAL

31..................Corporation not servant or agent of the Crown 14
32.........................Governor may obtain information 14
33...........................Governor may give directions 14
34.....................................Secrecy 14
35.................Parts of industrial estates to be public places 15
36......................................Bylaws 15
37.......................Further powers in relation to bylaws 15
38...........Seizure and forfeiture of hawker's equipment and commodities 16
39......................Corporation may prosecute in its name 16

PART VII

TRANSITIONAL

40...............................(Has had its effect) 16
41........................Transfer of assets and liabilities 16
42..........................Other transitional provisions 16





CHAPTER 209

HONG KONG INDUSTRIAL ESTATES CORPORATION

To establish a corporation for the construction and management of industrial
estates in Hong Kong, to assume the functions, assets and liabilities of the
Hong Kong Industrial Estates Provisional Authority and for connected
purposes.

[1March1977] L.N.46 of 1977

Originally ]6of 1977-40 of 1983, R.Ed. 1984,19 of 1985, 10of 1986,42of 1989

PART I

PRELIMINARY

1. Short title

This Ordinance may be cited as the Hong Kong Industrial Estates

Corporation Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires

,,authorized officer' means any person who is authorized in writing by the
Corporation, the Chief Executive, or a committee of the Corporation, to perform
or exercise any of the functions or powers of the Corporation;

'Board' means the Board of the Corporation provided for by section 7(1)

'Chairman' means the Chairman of the Board appointed under section 7(3);

'Chief Executive' means the person appointed under section 27(1) to be the Chief
Executive of the Corporation;

'common parts' means any place within an industrial estate to which the public
have access either continuously or periodically, whether the same is the
property of the Corporation or of private persons;

'Corporation' means The Hong Kong Industrial Estates Corporation established by
section 3(1);

'financial year' means the period commencing on 1 April each year and ending on
31 March in the year following except that the period from the commencement
of the Ordinance to 31 March next thereafter shall be deemed to be a financial
year;

'industrial estate' means an industrial estate referred to in section 6;




and structures erected on land; and (e) any interest in
land;

'lease' includes an agreement for a lease;

'member' means a member of the Board;

'Provisional Authority' means the Hong Kong Industrial Estates Provisional
Authority established by section 3 of the Hong Kong Industrial Estates
Provisional Authority Ordinance 1976 (17 of 1976).

PART II

INCORPORATION AND
POWERS

3. Establishment of the Corporation

(1) There is hereby established a body corporate to be known as 'The Hong
Kong Industrial Estates Corporation'.

(2) The Corporation shall have perpetual succession and shall be capable of
suing and being sued.

4. Purposes of the Corporation

The purposes of the Corporation shall be to establish, construct, manage and
control industrial estates and to manage and control the land comprised therein.

(Amended 40 of 1983 s. 2)

5. General powers of the Corporation

(1) The Corporation shall have powers

(a)to do such things as are expedient for or conducive to the attainment
of the purposes declared in section 4 or of any purpose reasonably
incidental to or consequential upon any of those purposes;

(b)to do any thing under paragraph (a) in association with other
persons, including departments or authorities of the Government.

(2) Without restricting the generality of subsection (1), the Corporation may,
for the purposes referred to therein

(a) purchase, acquire or lease or surrender any land;

(b) lay out industrial sites for lease or sale;





(e)dispose of any land which it holds for the purposes of industrial
estates subject to the terms and conditions of the Crown lease but
otherwise on such terms and conditions as it thinks fit; (Amended 40
of 1983 s. 3)

(d)let to any person, for any period and for any purpose, any land in an
industrial estate subject to the payment of a premium and ground
rent, or rent without a premium, and determine the terms, covenants
and conditions on which such land may be let or occupied;
(Amended 40 of 1983 s. 3)

(e)prepare and execute proposals, plans and projects for the erection,
conversion, improvement and extension of any building in an
industrial estate for sale, lease or other purpose, and determine the
terms, covenants and conditions on which the sale, lease or other
purpose may be effected;

(f)manage buildings, premises, structures, and any grounds ancillary
thereto, in an industrial estate, and charge fees for services provided
in connection with such management;

(g)employ an agent or contractor to do any thing which the Corporation
may do other than to hold or dispose of land;

(h)enter into, assign or accept the assignment of, and vary or rescind,
any contract or obligation.

(3) Any land forming part of an industrial estate may be improved, developed
and altered by the Corporation in such manner and to such extent as the law would
allow if the land were held by a natural person in the same interest and the
Corporation shall not be required to show that such improvement, development or
alteration is itself undertaken for any purpose referred to in this section.

6. Plans of industrial estates

(1) The Corporation shall prepare a plan of every industrial estate showing all
land comprised therein.

(2) An industrial estate may be given such name as the Corporation thinks fit.

(3) Where there is any addition to or other alteration of the area of an industrial
estate, such addition or alteration shall be shown by amendment of the plan
prepared under subsection (1).

(4) Any plan prepared, or any additions or other alterations made thereto, under
this section shall be signed and dated by the Chairman.

(5) A plan prepared under subsection (1) shall be deposited in the appropriate
New Territories Land Office within the meaning of section 10(2) of the New
Territories Ordinance (Cap. 97) and in the Land Office in Victoria.





(6) A notice of a plan prepared, or any additions or other alterations
made thereto, under this section shall be published in the Gazette together with
the addresses of the Land Offices in which the plan is deposited under
subsection (5).

7. Board of the Corporation

(1) The Corporation shall have a Board which shall consist of the
following members-
(a) the Chairman;
(b) the Chief Executive; and
(c)9 members appointed by the Governor, not more than 4 of whom
shall be public officers. (Replaced 19 of 1985 s. 2. Amended 42
of 1989 s. 2)
(2) Subject to sections 27(1) and 33, the Board shall be the governing
body of the Corporation with authority, in the name of the Corporation, to
exercise and perform the powers, functions and duties conferred or imposed on
the Corporation by this Ordinance.
(3) The Chairman shall be appointed by the Governor for such term as
the Governor thinks fit.
(4) A member who is not a public officer appointed under subsection (1)(c)
shall be appointed for a term not exceeding 3 years.
(5) The Chairman and any member who is not a public officer appointed
under subsection (1)(c) may, upon the expiry of his term of appointment, be
reappointed.
(6) The Chairman and any member who is not a public officer appointed
under subsection (1)(c), or reappointed under subsection (5), may before the
expiry of his term of office-
(a) resign his office by notice to the Governor; or
(b)be removed from office by the Governor for permanent in-
capacity or other sufficient cause (as to the existence of which the
decision of the Governor shall be final),
and upon such resignation or removal the term for which he was appointed or
reappointed shall be deemed to have expired.
(7) A member who is a public officer appointed under subsection (1)(c)
shall hold office at the pleasure of the Governor.
(8) Where a member, other than the Chief Executive, is precluded by
temporary incapacity or other cause from performing his functions as such for
any period (as to which the decision of the Governor shall be final), the
Governor may appoint another person to act as a member during such period
with all such rights, powers, duties and liabilities as if he had been appointed
under subsection (1).





(9) A member, other than the Chief Executive and any member who is a public
officer appointed under subsection (1)(c), may be paid such fees and expenses as
the Board thinks fit.

(Amended 19 of 1985 s. 2)

8. Proceedings of the Board

(1) Four members shall form a quorum at a meeting of the Board.

(2) At a meeting of the Board the Chairman, or in the absence of the Chairman
such other member as the members present may select, shall preside.

(3) All questions for determination at a meeting of the Board shall be decided
by a majority of votes of the members present and voting thereon and in the event
of an equality of votes the member presiding shall have a casting vote in addition to
his original vote.

(4) Subject to this Ordinance, arrangements relating to meetings of the Board,
the procedure at, and the conduct of, its meetings, shall be such as the Board may
determine.

(5) If a member is in any way directly or indirectly interested in a matter under
discussion at a meeting of the Board

(a) he shall disclose the nature of his interest at the meeting;

(b) the disclosure shall be recorded in the minutes of the Board;

(c)the member presiding at the meeting may at his discretion require the
member who has disclosed his interest to withdraw from the meeting.

9. Validity of proceedings

The validity of any proceeding of the Board shall not be affected by

(a) any defect in the appointment of any member;

(b)the absence of any member from the meeting at which such
proceeding occurred; or

(c) any vacancy among members of the Board.

10. Seal of the Corporation

The Corporation shall have a common seal, and the fixing of the seal shall

(a) be authorized or ratified by resolution of the Board; and

(b)be authenticated by the signature of a member, authorized by
resolution of the Board either generally or specially to act for that
purpose. (Amended 42 of 1989s. 3)

11. Documents of the Corporation

(1) The Corporation may make and execute all such documents as may be
expedient for or conducive to the attainment of its purposes or of any purpose
reasonably incidental to or consequential upon those purposes.





(2) Any document purporting to be duly executed under the seal of the
Corporation shall, unless the contrary is proved, be deemed to have been duly
executed.

12. Certain documents not required to be sealed

Any contract or instrument which, if entered into or executed by a person
not being a body corporate, would not be required to be under seal may be
entered into or executed on behalf of the Corporation by any person generally
or specially authorized by the Board for that purpose.

13. Appointment of committees

(1) The Corporation may appoint a committee for any such general or
special purpose as in the opinion of the Corporation would be better regulated
and managed by means of a committee.
(2) A committee appointed under subsection (1) shall consist of such
number of members as the Corporation thinks fit and not less than 2 of such
members shall be members of the Board.

14. Delegation

(1) Subject to subsections (2) and (3), the Corporation may, by
instrument in writing, delegate to the Chief Executive or to any committee
appointed under section 13, with or without restrictions or conditions, as the
Corporation thinks fit, such of its powers and functions as it deems expedient
for the better discharge of the functions of the Corporation.
(2) No delegation under subsection (1) shall preclude the Corporation
from exercising or performing at any time any of the powers or functions so
delegated.
(3) No delegation shall be made under subsection (1) of power or
authority-
(a)to approve plans for the improvement, development or alteration
of any land held by the Corporation;
(b)to approve the annual programme or estimates of income or
expenditure of the Corporation;
(c)to authorize the annual report or statements of income or
expenditure and of assets and liabilities of the Corporation;
(d)to approve general terms and conditions of service of employees
of the Corporation; or
(e)to establish or enter into any arrangement for the establishment
of a fund or scheme under section 30(2).





(4) For avoidance of doubt it is declared that nothing in subsection (1) or (3)
shall be construed as prohibiting the delegation to the Chief Executive by the
Corporation of the power to approve any building plans submitted for approval in
pursuance of a condition imposed under section 5(2)(c) or (d) or the exercise of such
power by the Chief Executive. (Added 42 of 1989s.4)

PART III

CONTROL OF INDUSTRIAL ESTATES

15. Power to remove trespassers

(1) An authorized officer may require any person who is found in an industrial
estate and who cannot give a satisfactory account of himself to leave the industrial
estate.

(2) An authorized officer may prohibit any person who does not have a
satisfactory reason for being in an industrial estate from entering the industrial
estate.

(3) A person who does not, within a reasonable time, leave an industrial estate
when required to do so under subsection (1) may be removed from the industrial
estate by an authorized officer who may use such force as may be reasonably
necessary to remove such person and, for that purpose, may request the assistance
of a police officer or any other person.

16. Power to enter and inspect buildings

Notwithstanding the terms of any lease, an authorized officer may at all
reasonable times in pursuance of his duties enter and inspect any building or part
thereof in an industrial estate.

17. Power to take possession and dispose of property

(1) The Corporation may take possession of any property

(a)found on land in an industrial estate which has been the subject of a
lease, after the tenant has left the land following the termination of
his lease;

(b)which is placed in or affixed to land in an industrial estate which is
the subject of a lease in contravention of any condition in the lease;

(c)which appears to an authorized officer to have been left or
abandoned on land in an industrial estate which is not the subject of
a lease; or

(d)which causes an obstruction or nuisance on or in any land in an
industrial estate which is not the subject of a lease.





(2) The Corporation shall post on or near the premises or place where the
property is or was situate a notice setting out details of the property of which it
has taken possession under subsection (1) and shall, in such notice, require any
claimant to submit his claim to the property-
(a)in the case of property referred to in subsection (1)(a), within
such time as is specified in the notice being not less than 7 days
after the day on which the notice is posted; and
(b)in the case of property referred to in subsection (1)(b), (c) and
(d), within 2 days after the day on which the notice is posted.
(3) The Corporation may refuse to return any property of which it has
taken possession under subsection (1) unless it is satisfied that the claimant is
the owner of the property.
(4) The Corporation may recover from a claimant to whom any property,
of which it has taken possession under subsection (1), is returned any expenses
incurred by it in the removal and storage of the property.
(5) Any property of which the Corporation has taken possession under
subsection (1), which is not claimed within the time referred to in subsection (2)
or which the Corporation refuses to return under subsection (3) to any person,
may be disposed of by it by sale or otherwise free from the rights of any person.
(6) If, within 6 months after the day on which the notice was posted under
subsection (2), any person satisfies the Corporation that, at the time any
property was sold pursuant to subsection (5), he was the owner of the property,
the Corporation shall pay to such person the balance of the proceeds of sale
after deducting any expenses incurred by it in the removal, storage and sale of
the property.
(7) Neither the Corporation nor any authorized officer shall be liable for
any loss or damage suffered by any person in consequence of anything done
under this section.

PART IV

FINANCIAL

18. Provisions of working capital
The Financial Secretary may, out of moneys appropriated by the
Legislative Council for the purposes of this Ordinance, authorize payment to
the Corporation of such sums. on such terms with respect to the payment of
interest, as he may determine for the purpose of enabling the Corporation to
carry out its purposes.

19. Debt of the Corporation
(1) The Corporation shall be indebted to the Government in a sum equal
to-





(a) any sums paid to the Corporation under section 18;
(b)the expenditure incurred by the Government in relation to the
investigation, planning and development of land in an industrial
estate and the construction of buildings thereon; and
(e)any other expenditure incurred by the Government in relation to
an industrial estate.
(2) The Financial Secretary may determine the amount of the in-
debtedness under subsection (1) by certificate or certificates under his hand
and he may for sufficient cause reduce or increase any amount so certified.
(3) The indebtedness of the Corporation under subsection (1) and any
interest thereon shall be discharged in such manner as the Financial Secretary
directs.
(4) In subsection (1)--
'expenditure- includes, in relation to the matters mentioned in that subsection,
any loss, debt, cost, expense or liability whenever incurred and whether
actual or contingent, liquidated or unliquidated.

20. Power to borrow money

The Corporation may, with the approval of the Financial Secretary,
borrow or otherwise raise money and charge all or any part of its property as
security therefor, and pay interest on any money so borrowed or raised.

21. Bank accounts

(1) The Corporation shall open and maintain accounts with such banks
as the Financial Secretary may approve.
(2) The Corporation shall pay all moneys received by it into any such
account.

22. Investment of surplus funds

All funds of the Corporation that are not immediately required shall-
(a)be deposited in any bank or savings bank nominated by the
Financial Secretary, either generally or in any particular case, for
that purpose;
(b)if the Financial Secretary so directs, be deposited with the Hong
Kong Treasury on such terms and conditions as the Financial
Secretary may specify; or
(c)subject to the prior approval of the Financial Secretary, be
invested in such investments as the Corporation thinks fit.





23. Payment of surplus funds into general revenue

The Governor in Council may declare any part of the funds of the Corporation
to be surplus funds and direct the payment of such surplus funds into the general
revenue of Hong Kong.

24. Accounts

(1) The Corporation shall keep proper accounts of all income and expenditure
and shall maintain proper and adequate records thereof.

(2) As soon as may be convenient after the end of each financial year, the
Corporation shall cause to be drawn up, in such form as the Financial Secretary may
approve, a statement of its income and expenditure during such financial year and a
statement of the assets and liabilities of the Corporation on the last day thereof.

25. Audit

(1) The Governor shall appoint an auditor, after consultation with the
Corporation.

(2) The auditor shall be entitled at any time to have access to all books of
account, vouchers and other financial records of the Corporation and to require such
information and explanations thereon as he thinks fit.

(3) The auditor shall audit the statements drawn up under section 24(2) as soon
as possible and shall make a written report thereon to the Corporation.

26. Reports to be laid on table of Legislative Council

(1) The Corporation shall as soon as possible after the end of each financial
year, but not later than 6 months after the end of each financial year or such longer
period as the Financial Secretary may as to any particular year allow, furnish to the
Financial Secretary

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

(b)copies of the statements in respect of that year drawn up under
section 24(2); and

(c) a copy of the auditor's report on such statements.

(2) The Financial Secretary shall lay on the table of the Legislative Council the
reports and statements furnished to him pursuant to subsection (1).

PART V

STAFF

27. Appointment of Chief Executive

(1) The Corporation shall, with the approval of the Governor, appoint a person,
who may be a public officer, to be the chief executive of the

Corporation.(Amended 19 of 1985 s. 3)





(2) All matters relating to the remuneration and the terms and conditions of
appointment of the Chief Executive, and his suspension or dismissal from office,
shall be determined by the Corporation, subject to the approval of the Governor.

28. Appointment of employees and
conditions of employment





(4) The Corporation may supply living accommodation and household effects,
for the occupation and use of employees and advisers of the Corporation and their
families, at such rent and on such terms and conditions as it may determine.

(5) In this section 'employees' includes any class of employee which the
Corporation may specify and in subsection (1) includes former employees.

PART VI

GENERAL

31. Corporation not servant or agent of the Crown

The Corporation is not the servant or agent of the Crown and does not enjoy
any status, immunity or privilege of the Crown.

32. Governor may obtain information

The Corporation shall upon request by the Governor 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 Governor may require
furnish him with returns, accounts and other information with respect thereto and
afford to him facilities for the verification of information furnished.

33. Governor may give directions

(1) Notwithstanding section 7(2) the Governor may, if he considers the public
interest so requires, give directions in writing to the Corporation and the
Corporation shall comply with those directions.

(2) No such direction shall be inconsistent with any provision of this
Ordinance.

34. Secrecy

(1) Any person who in the performance or exercise of his functions or powers,
or in the course of his employment, under or in connection with this Ordinance has
acquired or has access to any information relating to the affairs of any person, or
any manufacturing or commercial secret, or any working process, shall not at any
time disclose or make available such information to any other person, otherwise than
in the performance or exercise of his functions or powers, or in the course of his
employment, or without other lawful excuse.

(2) Any person who contravenes this section commits an offence and is liable
to a fine of $ 10,000 and to imprisonment for 2 years.





35. Parts of industrial estates to he public places

All common parts of an industrial estate shall be deemed to be public
places for the purposes of-
(a) the Summary Offences Ordinance (Cap. 228); and
(b) the Public Order Ordinance (Cap. 245).

36. Bylaws

(1) The Corporation may, under its common seal, make bylaws not
inconsistent with this Ordinance for all or any of the following purposes-
(a) the management and control of industrial estates;
(b)the selection of industrial undertakings for which leases may be
granted;
(c)the manner in which applications for leases of premises in
industrial estates may be made;
(d) the sanitation and cleansing of industrial estates;
(e) the maintenance and lighting of common parts;
the maintenance of public order and the prevention of nuisances
in industrial estates;
(g)prohibiting hawkers from carrying on business within industrial
estates and providing for the removal of hawkers and their
equipment and commodities from industrial estates;
(h) the eviction of trespasses from industrial estates;
(i) the display of advertisement within industrial estates;
the convening of meetings of the Board and the procedure at
such meetings;
(k)the provision of a common seal and the custody and use
thereof;
(1)the better carrying out of the functions and duties of the
Corporation.
(2) All bylaws made under subsection (1) shall be subject to the approval
of the Legislative Council.
(3) The Corporation shall cause printed copies of all bylaws made under
subsection (1) to be kept at its principal office and to be available for sale to any
person at a reasonable cost.

37. Further powers in relation to bylaws

Any bylaws made under section 36 may provide that a contravention of
specified provisions thereof shall be an offence and may prescribe penalties
therefor not exceeding a fine of $5,000 and imprisonment for 6 months.





38. Seizure and forfeiture of hawker's
equipment and commodities

Any bylaws made under section 36 which provide that hawking within an
industrial estate is an offence may also provide that all or any of the provisions of
sections 86, 86A, 86C and 86D of the Public Health and Municipal Services
Ordinance (Cap. 132) shall apply as if such offence were a hawker offence within the
meaning of section 83 of that Ordinance.

(Amended 10 of 1986 s. 32(1))

39. Corporation may prosecute in its name

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 for an ofrence under this Ordinance may be brought
in the name of the Corporation.

PART VII

TRANSITIONAL

40. (Has had its effect)

41. Transfer of assets and liabilities

(1) All property of whatever kind and whether movable or immovable vested in
or belonging to the Provisional Authority immediately before the commencement
date of this Ordinance is as from such date transferred to and vested in the same
interest in the Corporation without any further assurance and the Corporation shall
have all powers necessary to take possession of, recover and obtain the benefit of
such property.

(2) All obligations and liabilities of the Provisional Authority immediately
before the commencement date of this Ordinance are as from such date the
obligations and liabilities of the Corporation and the Corporation shall have all
necessary powers to discharge the same.

(3) No stamp duty shall be payable in respect of any transfer of property under
this section.

42. Other transitional provisions

(1) Without limiting the generality of section 41, every agreement, whether in
writing or not, to which the Provisional Authority was a party immediately before the
commencement date of this Ordinance and whether or





not of such a nature that the rights and liabilities thereunder could be assigned
shall have effect as from such date as if-
(a) the Corporation had been party to such agreement; and
(b)for any reference, however worded and whether express or
implied, to the Provisional Authority there were substituted in
respect of anything to be done or omitted on or after the
commencement date of this Ordinance a reference to the
Corporation.
(2) Subsection (1)(b) shall also apply to any document, not being an
agreement, having therein references to the Provisional Authority.
(3) The appointment of any employee of the Provisional Authority
subsisting immediately before the commencement date of this Ordinance shall
be deemed to be made by the Corporation under this Ordinance and for the
purpose of determining the right to pension, gratuity or other benefits of such
employee on the cessation of his service, there shall be no break in the
continuity thereof by reason only of the repeal of the Hong Kong Industrial
Estates Provisional Authority Ordinance 1976 (17 of 1976).
(4) Where anything has been commenced by or under the authority of the
Provisional Authority before the commencement date of this Ordinance such
thing may be carried on and completed by, or under the authority of, the
Corporation.

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