REGIONAL COUNCIL FINANCIAL BY-LAWS

REGIONAL COUNCIL FINANCIAL BY-LAWS

REGIONAL COUNCIL FINANCIAL BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
3. Variation of estimates ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
4. Transfer of provision ... ... ... ... ... ... ... ... ... ... ... ... ... A 3
5. Authorization of expenditure ... ... ... ... ... ... ... ... ... ... ... A 3
6. Tender ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 3
7. General Reserve Fund ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
8. Capital Projects Reserve Fund ... ... ... ... ... ... ... ... ... ... ... A 4
9. Write off of debts, stores and inventories ... ... ... ... ... ... ... ... ... A 4
10. Sale of stores on repayment ... ... ... ... ... ... ... ... ... ... ... A 4
11. Gift of stores to institutions or organizations ... ... ... ... ... ... ... ... A 4
12. Interpretation of 'value .. ... ... ... ... ... ... ... ... ... . .. ... ... A 5
13. Issue of unserviceable stores to the Government, institutions or organizations A
5
14. Particulars to be laid before the Council ... ... ... ... ... ... ... ... ... A 5
15. Director may make administrative arrangements and may delegate ... ... ... A 5





REGIONAL COUNCIL FINANCIAL BY-LAWS

(Cap. 385, section 39)

[4 April 1986.]

1. These by-laws may be cited as the Regional Council Financial
By-laws.

2. (1) In these by-laws, unless the context otherwise requires

'approved estimates of expenditure- means the annual estimates of
expenditure approved by the Council for each financial year and
any duly authorized variations thereto;

'Committee' means the Ways and Means Select Committee of the Council;

'Council' means the Regional Council;

'Director' means the Director of Regional Services and includes any
public officer to whom he has delegated his power under by-law 15;

'District Committee' means a District Committee of the Council;

'other recurrent expenditure' means recurrent expenditure other than
personal emoluments;

'Tender Sub-Committee' means the Tender Sub-Committee of the
Committee.

(2) The approved estimates of expenditure shall be divided into the
following groups of sub-heads of expenditure

(a) personal emoluments;

(b) other recurrent expenditure; and

(c) non-recurrent expenditure.

3. (1) The Committee may approve variations to the provision in the
approved estimates of expenditure by an increase of not more than
$15,000 where the amount originally provided for in a sub-head is less
than $50,000 and of not more than 30 per cent where the amount
originally provided for in a sub-head is $50,000 or more.

(2) The Director may approve a variation to a provision under a sub-
head in the approved estimates of expenditure for nonrecurrent
expenditure and for other recurrent expenditure but shall not approve a
variation which increases that provision by more than 20 per cent.

(3) The Director may approve a variation to a provision under a sub-
head in the approved estimates of expenditure for personal emoluments
but shall not approve a variation which increases that provision by
more than 10 per cent.





4. Where a provision is made in any sub-head in the approved
estimates of expenditure the Committee or the Director may author-
ize the transfer of all or part of such provision to any other existing
sub-head up to an amount-

(a)in the case of an authorization by the Committee, not
exceeding 30 per cent; and

(b)in the case of an authorization by the Director, not
exceeding 20 per cent,

of the provision appearing in the sub-head into which they are
transferred.

5. (1) Subject to paragraphs (2) and (3), the Director may
incur expenditure of an amount not exceeding the provision appear-
ing in any sub-head in the approved estimates of expenditure.

(2) The Director shall not incur expenditure for any-

(a) provision or part of a provision-
(i) under non-recurrent expenditure in the approved
estimates of expenditure relating to minor works for
additions, alterations and improvements; or
(ii) under other recurrent expenditure in the approved
estimates of expenditure relating to recreation and sports
activities,
which has been allocated by the Council or the Committee
to a District without the prior approval of the District
Committee for that Distriet; and

(b)single project under a provision referred to in sub-
paragraph (a) the estimated cost of which is in excess of
$300,000 without the prior approval of the Committee.

(3) The Director shall not incur expenditure under other
recurrent expenditure in the approved estimates of expenditure
relating to the leasing of property-

(a)otherwise than in accordance with the advice of the Com-
missioner of Rating and Valuation; and

(b)where the property to be leased is in excess of 500 square
metres, without the prior approval of the Committee.

6. (1) Except where the Council has approved an alternative
procedure to apply in any particular or general case, all goods and
services required by the Council shall be procured by competitive
tender and in accordance with such tendering procedures as the
Council may from time to time approve.

(2) Subject to any procedure approved by the Council in
accordance with paragraph (1), the Director may accept a contract
for the supply of goods or services-

(a) where the value of the contract does not exceed $100,000;





(b)where the value of the contract does not exceed $500,000 with the
consent of the Tender Sub-Committee;

(c) where the value of the contract exceeds $500,000 with the
consent of the Committee.

7. (1) The Council may create a General Reserve Fund into which and
from which shall be paid such funds of the Council as the Committee may from
time to time determine.

(2) Any interest earned on money standing to the credit of the General
Reserve Fund shall be credited to the revenue of the Council.

8. (1) The Council may create a Capital Projects Reserve Fund into which
and from which shall be paid such funds of the Council as the Committee may
from time to time determine.

(2) Monies standing to the credit of the Capital Projects Reserve Fund
shall be applied by the Committee to defray the costs for capital works in
excess of the provision for such works appearing in the approved estimates of
expenditure; but may, with the prior approval of the Council, be applied for
other purposes.

(3) Any interest earned on monies standing to the credit of the Capital
Projects Reserve Fund shall be credited to the revenue of the Council.

9. Irrecoverable debts, stores and inventories, if the Director is satisfied
no fraud or negligence is involved, may be written off by the Director

(a)where the amount does not exceed $20,000 in any one case; and

(b)where the amount exceeds $20,000 in any one case with the consent
of the Committee.

10. (1) Stores which are surplus to the requirements of the Council may
be sold by the Director to the Government, or to any organization or person

(a)where the value of such stores does not exceed $25,000 in any one
case; and

(b)where the value of such stores exceeds $25,000 in any one case with
the consent of the Committee.

(2) Stores sold under paragraph (1) shall be sold at stock price plus an
additional overhead charge of 20 per cent, which may be waived in any
particular case by the Director, or at the replacement price, whichever is
greater.

11. (1) Serviceable stores not required by the Council may be given by the
Director, without charge, to any institution or organization which, in the
opinion of the Director, has been established solely or principally for
educational, scientific, cultural or charitable purposes





(a)where the value of such stores to be issued does not exceed $25,000
in any one case; and

(b)where the value of such stores exceeds $25,000 in any one case with
the consent of the Committee.

12. For the purpose of by-laws 10 and 11, 'value' means the Regional
Services Department Stock List fixed unit rate, the original cost to the Council,
or where neither of these can be determined, the replacement cost as estimated
by the Director.

13. Stores which, in the opinion of the Director, are unservice- and which
cannot be utilized, may be given by the Director to the Government or to any
institution or organization in Hong Kong without charge.

14. (1) Subject to paragraph (2), the Director shall report to the
Committee and lay before the Council

(a)particulars of any variation of a provision, transfer of any funds
between sub-heads, or the incurring of any expenditure, authorized
by by-laws 3, 4 and 5 respectively, within 2 months of that
variation, transfer or incurrence of expenditure; and

(b)particulars of any debts, stores and inventories written off, or
surplus stores sold, or serviceable stores given, or unserviceable
stores given, authorized by by-laws 9, 10, 11 and 13 respectively
within 2 months of that writing off, sale or giving.

(2) Where the Director is unable to comply with paragraph (1) because
the Council or Committee is in recess he shall so comply by reporting to the
Committee or laying such particulars before the Council, as the case may be, at
the first meeting thereof after the recess.

15. (1) The Director may, for the purposes of these by-laws, make such
administrative arrangements as he may consider necessary for the carrying out
of his duties and, in particular, may delegate any of his powers under these by-
laws to any public officer or to any class of public officers.

(2) Subject to paragraph (3), the Director shall not later than 2 months
from the date of making a delegation under paragraph (1) report particulars of
that delegation to the Committee.

(3) Where the Director is unable to comply with paragraph (2) because
the Committee is in recess he shall so comply by making such report at the
first meeting of the Committee after the recess.
L.N. 90/86. Citation. Interpretation. Variation of estimates. Transfer of provision. Authorization of expenditure. Tender. General Reserve Fund. Capital Projects Reserve Fund. Write off of debts, stores and inventories. Sale of stores on payment. Gift of stores to institutions or organizations. Interpretation of 'value'. Issue of unserviceable stores to the Government, institutions or organizations. Particulars to be laid before the Council. Director may make administrative arrangements and may delegate.

L.N. 90/86. Citation. Interpretation. Variation of estimates. Transfer of provision. Authorization of expenditure. Tender. General Reserve Fund. Capital Projects Reserve Fund. Write off of debts, stores and inventories. Sale of stores on payment. Gift of stores to institutions or organizations. Interpretation of 'value'. Issue of unserviceable stores to the Government, institutions or organizations. Particulars to be laid before the Council. Director may make administrative arrangements and may delegate.

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