JUBILEE SPORTS CENTRE ORDINANCE

JUBILEE SPORTS CENTRE ORDINANCE

LAWS OF HONG KONIG

JUBILEE SPORTS CENTRE ORDINANCE

CHAPTER 309

*',

OF





REVISED EDITION 1987

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 309

JUBILEE SPORTS CENTRE ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART I

PRELIMINARY

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

PART II

THE JUBILEE SPORTS CENTRE
BOARD

3. Establishment and incorporation of the Jubilee Sports Centre Board 3

4. Establishment and name of the sports centre ... ... ... ... ... ... ... .. 4

5. Functions of the Board ................. ... ... ... ... .. 4

6. Powers of the Board ....................... ... .. ... ... ... ... ... 4

7. Powers of Board in relation to fees, conditions of use, etc . ... ... ... ... ... 5
8. Allocation and granting of sports centre or parts thereof .. ... ... 5
9. Seal of the Board ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6
10. Documents of the Board . ... ... ... ... ... ... ... ... ... ... .. 6
11. Certain documents not required to be sealed ... ... ... ... ... ... ... ... 6

PART III

MEMBERSHIP AND PROCEDURE OF
BOARD

12. Membership of the Board ................... ... . ... ... ... ... 6
13. Proceedings of the Board .................. ... ... ... ... ... ... 7

14. Validity of proceedings ................... ... 7

PART IV

FINANCIAL

15. Power to borrow money .. ... ... ... . ... ... ... 7
16. Accounts and statements ... ... ... ... ... ... ... 7

17. Investment of surplus funds ... ... . ... ... 8
17A. This Part not to apply to Trust Fund ... ... ... . ... 8

PART VA

JUBILEE SPORTS CENTRE TRUST
FUND

17B...............Interpretation .......... ... ... ... ... ... ... ... ... 8

17C. Establishment of trust fund ... ... ... ... ... ... ... ... ... ... 8





Section Page

17D. Establishment of Committee of Trustees ... ... ... ... ... ... ... ... ... 9
17E. Incorporation of Committee of Trustees ... ... ... ... ... ... ... ... ... 9
17F. Application and object of the fund ... ... ... ... ... ... ... ... ... ... 10
17G. Standing orders ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
17H. Appointment of officers and professional advisers ... ... ... ... ... ... ... 10
171. Investment of moneys ... ... ... ... ... ... ... ... ... ... ... ... ... 10
I7J. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
17K. Fund not to be used as security ... ... ... ... ... ... ... ... ... ... ... 11

PART V

STAFF

18. Appointment of Chief Executive and other employees ... ... ... ... ... ... 11
19. Employment of technical and professional advisers ... 1 .. ... ... ... ... 11
20. Staff benefits ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11

PART VI

GENERAL

21. Board not servant or agent of the Crown ... ... ... ... ... ... ... ... ... 12
22. Governor may obtain information ... ... ... ... ... ... ... ... ... ... 12
23. Governor may give directions ... ... ... ... ... ... ... ... ... ... ... 12
24. By-laws ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
25. Further powers in relation to by-laws ... ... ... ... ... ... 1 ... ... 13
26. Board may prosecute in its name ... ... 1 . ... ... ... ... ... ... ... 13





CHAPTER 309

JUBILEE SPORTS CENTRE

To provide for the construction, establishment and management of a
sports centre at Sha Tin, to provide for the establishment and
administration of a trustfund to be known as the Jubilee Sports
Centre Trust Fund and to providefor matters connected therewith
and incidental thereto. (Amended, 6 of 1987, s. 2)

[15 July 1977.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Jubilee Sports Centre
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Board' means the Jubilee Sports Centre Board incorporated under
section 3;

'Chairman' means the Chairman of the Board appointed under section
12;

'financial year' means

(a)for any period prior to 1 April 1983, the period commencing on
1 April each year and ending on 31 March in the year
following except that the period from 15 July 1977 to 31 March
1978 shall be deemed to be a financial year;

(b)the period commencing on 1 April 1983 and ending on 30 June
1984; and

(e)for any period after 30 June 1984, the period commencing on 1
July each year and ending on 30 June in the year following;
(Replaced, 72 of 1983, s. 2)

'member' means a member of the Board;

'sports centre' means the sports centre at Sha Tin established and
managed by the Board.

PART II

THE JUBILEE SPORTS CENTRE BOARD

3. There is hereby established a board to be called the Jubilee
Sports Centre Board which shall, in that name, be a body corporate with
perpetual succession and shall be capable of suing and being sued.





4. (1) A sports centre shall be established by the Board on
land in Sha Tin vested in it by the Government.

(2) The sports centre shall be called the Jubilee Sports Centre.

5. (1) The functions of the Board shall be-

(a) to establish, manage and control the sports centre;

(b)to provide at the sports centre sporting and other related
facilities of any kind as it thinks fit;

(c)to provide expert coaching in a wide number of sports,
together with facilities necessary for practice, with a view
to raising the standard of performance in sports in Hong
Kong and stimulating increased participation in sports and
recreation generally;

(d)to provide such amenities at the sports centre as it thinks
fit.

(2) The Board may-

(a)demarcate and construct playing fields, pitches, courts,
tracks and other areas at the sports centre for the conduct
of organized games and sports;

(b) construct swimming pools at the sports centre;

(c)construct and equip gymnasiums and other areas at the
sports centre for such sporting or recreational use as it
thinks fit;

(d)develop the sports centre for the purposes of sports or
recreation generally.

6. (1) The Board may do all such acts as are reasonably
necessary for the performance or exercise of all or any of its
functions or powers under this Ordinance and may perform any
other function which is incidental or conducive to or connected with
the furtherance of its functions and may in particular, but without
prejudice to the generality of the foregoing-

(a)acquire and hold property of any description for the
purposes of the sports centre and, subject to the terms and
conditions upon which the same is held, dispose of any
such property;

(b)construct buildings, and any premises or structures ancil-
lary thereto, for the provision of sporting and recreational
facilities and other buildings, premises or structures neces-
sary for the purposes of the sports centre and its users;

(c)alter, enlarge, improve, repair or demolish any buildings,
premises or structures at the sports centre;

(d)provide any equipment, fixtures, fittings or furniture for
the purposes of the sports centre;





(e) enter into any contract;

(f) become a member of, act as agent for or otherwise take part in
the activities of any association or institution which is, either
wholly or in part, concerned with any matter relating to sports
or recreation;

(g) hold sporting events and athletic competitions;

(h)permit the use of the facilities at the sports centre by any
person and, subject to section 7(2), charge fees therefor in
such cases as it thinks fit;

(i)specify the purposes for which the sports centre, or any part
thereof, may be used;

(j)provide transport free of charge, or contribute towards the
cost of transport, in the case of persons who are to take part
in any sporting event or competition held at the sports centre
or who are permitted to use the facilities at the sports centre;

(k)appoint any person or committee for any such general or
special purpose as in the opinion of the Board would be better
regulated and managed by such means;

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

(m) award scholarships in sports in suitable cases.

7. (1) The Board may-

(a)fix the fees to be paid for, and specify conditions to be
observed in, the use of the sports centre or any part thereof,
or any facilities provided therein;

(b)fix the fees to be paid by the public for admission to any
function in the sports centre organized by the Board; and

(e)fix charges to be paid for any trading or advertising in the
sports centre.

(2) The Board-

(a)may waive any fees fixed under subsection (1) in such cases
as it thinks fit where the use of the sports centre or any part
thereof, or any facilities provided therein, is granted to
persons under 18 years of age;

(b)may reduce or waive any fees fixed under subsection (1) in
any other particular case.

(3) Any fees or other charges whatsoever collected by the Board
under this Ordinance shall accrue to the revenue of the Board.

8. (1) The Board may grant to any person the exclusive use of the
sports centre or any part thereof, or any facilities provided therein, for
such purpose and at such times as the Board may approve and subject
to such conditions as it may impose.





(2) Subject to any conditions imposed by the Board under
subsection (1), the person to whom the exclusive use of the sports
centre or any part thereof, or any facilities provided therein, has
been granted under subsection (1) may determine-

(a)whether or not the public shall be admitted to the sports
centre or any part thereof during the period of such
exclusive use; and

(b)the fees, if any, to be paid by. members of the public for
admission during this period.

9. The Board 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 any 2 members,
authorized by resolution of the Board either generally or
specially to act for that purpose.

10. (1) The Board may make and execute any document in
the performance or exercise of its functions or powers or in con-
nexion with any matter reasonably incidental to or consequential
upon the performance or exercise of its functions or powers.

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

11. 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 Board by any person generally or specially authorized by the
Board for that purpose.

PART III

MEMBERSHIP AND PROCEDURE OF BOARD

12. (1) The Board shall consist of the Financial Secretary or
his representative and not less than 2 other members to be appointed
by the Governor. (Replaced, 6 of 1987, s. 3)

(IA) The Governor shall appoint a member of the Board to
be Chairman of the Board. (Added, 6 of 1987, s. 3)

(2) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, every member shall be appointed for a
period of 3 years or for such lesser period as the Governor may in any
particular case appoint, but may from time to time be reappointed.

(3) Any member may at any time by notice in writing to the
Governor resign from the Board.





(4) If the Chairman is absent from Hong Kong or is, for any
other reason unable to act as Chairman, the Governor may appoint
a member to act as Chairman during the absence or incapacity of the
Chairman.

(5) If any member other than the Chairman is absent from
Hong Kong, or is for any other reason unable to exercise the powers
or perform the duties of his office as a member, the Governor may
appoint another person to be a temporary member of the Board
during the absence or incapacity of that member.

13. (1) At a meeting of the Board a majority of the members
appointed at the time shall form a quorum.

(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 meet-
ings of the Board, the procedure at, and the conduct of, its meetings,
shall be such as the Board may determine.

14. The validity of any proceedings 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.

PART IV

FINANCIAL

15. The Board may 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.

16. (1) The Board shall keep such accounts of its financial
transactions as the Financial Secretary may require and shall
prepare for each financial year a statement of the accounts of the
Board, which statement shall include an income and expenditure
account and balance sheet and shall be signed by the Chairman.

(2) The signed statement of accounts of the Board shall be
submitted by the Chairman to an auditor appointed by the Board
not later than 4 months following the end of the period to which it
relates or by such later date as the Governor may allow.





(3) The accounts of the Board and the signed statement of
accounts shall be audited by the appointed auditor, who shall certify
such statement subject to such report, if any, as he may think fit.

(4) A copy of the signed and audited statement of accounts
together with the report, if any, of the appointed auditor and a report by
the Board on its activities during the period covered by the audited
accounts, shall be submitted to the Governor, and laid on the table of
the Legislative Council within 2 months of the receipt by the Board of
the signed and audited statement of accounts from the appointed
auditor. (Amended, 6 of 1987, s. 4)

17. All funds of the Board that are not immediately required shall
be deposited in any savings bank, or on fixed deposit in any bank,
nominated by the Financial Secretary, either generally or in any
particular case, for that purpose, or, subject to the prior approval of the
Financial Secretary, shall be invested in such investments as the Board
thinks fit.

17A. This Part shall not apply to the Jubilee Sports Centre Trust
Fund established by section 17C.

(Added, 6 of 1987, s. 5)

PART VA

JUBILEE SPORTS CENTRE TRUST FUND

17B. In this Part, unless the context otherwise requires-

'Chairman of the Committee' means the Chairman of the Committee of
Trustees appointed under section 17D;

'Committee of Trustees' means the Jubilee Sports Centre Trust
Fund Committee of Trustees established by section 17D;

'fund' means the Jubilee Sports Centre Trust Fund established by
section 17C;

'trustee' means a member of the Committee of Trustees.

17C. (1) There is established a trust fund to be known as the
Jubilee Sports Centre Trust Fund.

(2) Subject to this Part, the fund shall be administered by the
Committee of Trustees.

(3) The fund shall consist of-

(a)such moneys and assets as may be donated, subscribed or
bequeathed to, and accepted by, or otherwise acquired by the
Board for the fund; and

(b)any interest, dividends and income derived from the moneys
and other assets of the fund.





17D. (1) There is established a Committee of Trustees, to be
called the Jubilee Sports Centre Trust Fund Committee of Trustees.

(2) The Committee of Trustees shall be appointed by the
Board and shall consist of not less than 3 or more than 5 members of
whom-

(a) not less than 2 shall be members of the Board; and

(b)one shall be appointed by the Board as Chairman of the
Committee.

(3) The Board shall give notice in the Gazette of every
appointment under subsection (2).

(4) Subject to subsection (2), the Board may, from time to
time, by notice in writing under the hand of the Chairman of the
Board, remove any trustee and appoint a new trustee.

(5) A trustee may at any time resign by giving not less than one
month's notice in writing to the Board.

(6) The quorum necessary for the transaction of the business
of the Committee of Trustees shall be 2 trustees or such greater
number as may be fixed by standing orders made under section 17G.

(7) At a meeting of the Committee of Trustees, the Chairman
of the Committee or, in his absence, such other trustee as the trustees
present may select shall preside.

(8) All questions arising at a meeting of the Committee of
Trustees shall be decided by a majority of the votes of trustees
present and, in the case of an equality of votes, the Chairman of the
Committee or other trustee presiding shall have a casting vote in
addition to his original vote.

17E. (1) The Committee of Trustees-

(a)shall be a body corporate (in this section called 'the
corporation');

(b)shall have the name 'Jubilee Sports Centre Trust Fund
Committee of Trustees';

(c)in that name shall have perpetual succession and may sue
and be sued in any court; and

(d)shall have a common seal, the affixing whereof shall be
authenticated by-
(i) the signature of the Chairman of the Committee; or
(ii) the signature of a trustee authorized for that pur-
pose by the Committee of Trustees.

(2) Any instrument purporting to be an instrument duly
executed under the seal of the corporation shall be received in
evidence and shall, unless the contrary is proved, be deemed to be an
instrument so executed.





17F. The Committee of Trustees shall apply the fund in such
manner and to such extent as the Board may advise for the object of
meeting the expenses of the sports centre for a period of not less than
20 years from the commencement of this Part.

17G. The Committee of Trustees may make standing orders-

(a) governing its procedure in the transaction of business;

(b) for the maintenance of good order at its meetings; and

(c)generally, for matters relating to the administration and
management of the fund and the discharge of the duties of
the Committee of Trustees.

17H. (1) The Committee of Trustees may from time to time
appoint, upon such salary (if any) and upon such terms as it may
think proper, a secretary, a treasurer, and such other officials as it
may think necessary and may employ any professional person or
agent (whether a solicitor, banker, stockbroker, financial adviser,
or other person) to advise it on any matter arising out of or in
connexion with the fund.

(2) All salaries and fees (if any) of a person appointed or
employed under subsection (1) shall be paid by the Committee of
Trustees out of the fund.

171. The Committee of Trustees may invest any moneys of the
fund in such authorized investments (within the meaning of section 4
of the Trustee Ordinance) as the Committee of Trustees may decide.

17J. (1) The Committee of Trustees shall cause proper
accounts to be kept of all transactions of the fund and shall cause to
be prepared, in respect of the period from the commencement of this
Part to 30 June 1987, and thereafter in respect of every period of one
year ending on 30 June, a statement of the accounts of the fund,
which statement shall include an income and expenditure account
and balance sheet and shall be signed by the Chairman of the
Committee.

(2) The accounts of the fund and the signed statement of the
accounts shall be audited by an auditor (being a certified public
accountant within the meaning of section 2 of the Professional
Accountants Ordinance) appointed by the Board and the auditor
shall certify the statement subject to such report, if any, as he may
think fit.

(3) There shall be laid on the table of the Legislative Council
not later than 31 December next following the end of each period in
respect of which a statement is required to be prepared under
subsection (1) or so soon thereafter as the Governor may allow-

(a)a copy of the signed and audited statement of accounts
together with the auditor's report, if any; and

(b)a report of the Committee of Trustees on the administra-
tion of the fund during that period.





17K. The fund shall not-

(a)be used by the Board or the Committee of Trustees for the
purpose of borrowing or raising money; and

(b)be charged, mortgaged, pledged or used as security for any
purpose.
(Part VA added, 6 of 1987, s. 5)

PART V

STAFF

18. (1) The Board shall appoint a person to be the Chief
Executive of the Board.

(2) The Board may appoint such other employees as it thinks
necessary.
(3) All matters relating to the remuneration, the terms and
conditions of appointment, and the work and conduct, of employees
of the Board, and their suspension or dismissal from office, shall be
determined by the Board.

19. (1) The Board may engage the services of technical and
professional advisers to advise the Board in any matter arising out of
or in connexion with any of the functions or powers of the Board.

(2) All matters relating to the remuneration and the terms and
conditions of engagement of advisers, and the manner of their
engagement, under subsection (1) shall be determined by the Board.

20. (1) The Board may-

(a)grant, or make provision for the grant of, pensions, gratu-
ities and retirement benefits to its employees;
(b)provide other benefits for the welfare of its employees and
their dependants;

(e)make payments, whether ex gratia or legally due, to the
personal representatives of a deceased employee or to any
person who was dependent on such employee at his death.
(2) The Board may establish, manage and control or enter in
an arrangement with any company or association for the establish-
ment, management and control by such company or association
either alone or jointly with the Board of any fund or scheme for
the purpose of providing for the pensions, gratuities, benefits and
payments referred to in subsection (1).

(3) The Board may make contributions to any fund or scheme
referred to in subsection (2) and may require its employees to make
contributions thereto.

(4) The Board may supply living accommodation and house-
hold effects, for the occupation and use of employees and advisers of
the Board 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 Board may specify and in subsection (1) includes former
employees.

PART VI

GENERAL

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

22. The Board shall upon request by the Governor afford to
him sufficient facilities for obtaining information with respect to the
property and affairs of the Board 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.

23. (1) The Governor may, if he considers the public interest
so requires, give directions in writing to the Board and the Board
shall comply with those directions.

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

24. (1) The Board may, under its common seal, make by-laws
not inconsistent with this Ordinance for all or any of the following
purposes-
(a)the management and control, including the closing or
partial closing, of the sports centre;
(b)the fixing of the times during which the sports centre or any
part thereof may be open to members of the public;
(c)the selection of groups of persons, schools, associations or
institutions who may use the sports centre or any part
thereof, or any facilities provided therein;
(d)the manner in which applications for use of the sports
centre or any part thereof, or any facilities provided
therein, may be made;

(e)the use of any equipment, apparatus, fitting or facility
provided for use at the sports centre;

(f)the preservation of good order and discipline and preven-
tion of nuisances in the sports centre;
(g) the control of trading or advertising in the sports centre;
(h) the eviction of trespassers from the sports centre;
(i)the better carrying out of the functions and duties of the
Board.
(2) All by-laws made under subsection (1) shall be subject to
the approval of the Legislative Council.





(3) The Board shall cause printed copies of all by-laws made under
subsection (1) to be kept at its principal office and to be available for
sale to any person at a reasonable cost.

25. Any by~laws made under section 24 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 and
imprisonment for 3 months.

26. 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 offence
under the by-laws made under section 24 may be brought in the name of
the Board.
Originally 57 of 1977. 72 of 1983. 6 of 1987. Short title. Interpretation. Establishment and incorporation of the Jubilee Sports Centre Board. Establishment and name of the sports centre. Functions of the Board. Powers of the Board. Powers of Board in relation to fees, conditions of use, etc. Allocation and granting of sports centre or parts thereof. Seal of the Board. Documents of the Board. Certain documents not required to be sealed. Membership of the Board. (Cap. 1.) Proceedings of the Board. Validity of proceedings. Power to borrow money. Accounts and statements. Investment of surplus funds. This part not to apply to Trust Fund. Interpretation. Establishment of trust fund. Establishment of Committee of Trustees. Incorporation of Committee of Trustees. Application and object of the fund. Standing orders. Appointment of officers and professional advisers. Investment of moneys. (Cap. 29.) Accounts. (Cap. 50.) Fund not to be used as security. Appointment of Chief executive and other employees. Employment of technical and professional advisers. Staff benefits. Board not servant or agent of the Crown. Governor may obtain information. Governor may give directions. By-laws. Further powers in relation to by-laws. Board may prosecute in its name.

Originally 57 of 1977. 72 of 1983. 6 of 1987. Short title. Interpretation. Establishment and incorporation of the Jubilee Sports Centre Board. Establishment and name of the sports centre. Functions of the Board. Powers of the Board. Powers of Board in relation to fees, conditions of use, etc. Allocation and granting of sports centre or parts thereof. Seal of the Board. Documents of the Board. Certain documents not required to be sealed. Membership of the Board. (Cap. 1.) Proceedings of the Board. Validity of proceedings. Power to borrow money. Accounts and statements. Investment of surplus funds. This part not to apply to Trust Fund. Interpretation. Establishment of trust fund. Establishment of Committee of Trustees. Incorporation of Committee of Trustees. Application and object of the fund. Standing orders. Appointment of officers and professional advisers. Investment of moneys. (Cap. 29.) Accounts. (Cap. 50.) Fund not to be used as security. Appointment of Chief executive and other employees. Employment of technical and professional advisers. Staff benefits. Board not servant or agent of the Crown. Governor may obtain information. Governor may give directions. By-laws. Further powers in relation to by-laws. Board may prosecute in its name.

https://oelawhk.lib.hku.hk/items/show/3169

1964

v20

309

14