HONG KONG COUNCIL ON SMOKING AND HEALTH ORDINANCE

HONG KONG COUNCIL ON SMOKING AND HEALTH ORDINANCE

LAWS OF HONG KONG

HONG KONG COUNCIL ON SMOKING AND

HEALTH ORDINANCE

CHAPTER 389





CHAPTER 389

HONG KONG COUNCIL ON SMOKING AND
HEALTH ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page
PART I

PRELIMINARY

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

PART II

INCORPORATION, POWERS AND STAFF

3. Council established and incorporated ... ... ... ... ... ... ... ... ... 2
4. General powers of Council .............. ... ... ... ... ... ... ... ... 3
5. Membership of Council .................. ... ... ... ... ... ... ... 4
6. Committees of Council .................. ... ... ... ... ... ... ... 4
7. Proceedings of Council ................. ... ... ... ... ... ... ... 5
8. Validity of proceedings ................... ... ... ... ... ... ... ... 5
9. Transaction of business by circulation of papers ... ... ... ... ... ... ... 6
10. Staff of Council ......................... ... ... ... ... ... ... ... ... 6
11. Staff benefits ........................... ... ... ... ... ... ... ... ... 6
12. Documents ................................ ... ... ... ... ... ... ... 6

PART III

FINANCIAL

13. Resources of Council ... ... ... ... ... ... ... ... ... ... ... ... ... 7
14. Borrowing powers ...................... ... ... ... ... ... ... ... ... 7
15. Use of surplus funds ... ... ... ... ... ... ... ... ... ... ... ... ... 7
16. Estimates ................................ ... ... ... ... ... ... ... 7
17. Accounts, audit and annual report ... ... ... ... ... ... ... ... ... ... 7

PART IV

MISCELLANEOUS

18. Council not servant or agent of the Crown ... ... ... ... ... ... ... ... 8
19. Governor may give directions ... ... ... ... ... ... ... ... ... ... ... 8
20. Protection of members of Council and committees ... ... ... ... ... ... ... 8





CHAPTER 389

HONG KONG COUNCIL ON SMOKING
AND HEALTH

To establish the Hong Kong Council on Smoking and Health, to define
its functions and powers, to negative personal liability of
members and employees, and to providefor matters incidental
thereto or connected therewith.

[1 October 1987.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Council on
Smoking and Health Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Chairman' means the Chairman of the Council appointed under section
5(1) or any other member when acting under section 5(4) as
Chairman;

'Council' means the Hong Kong Council on Smoking and Health
established under section 3;

'Executive Director' means the person who holds the office of
Executive Director under section 10;

'financial year' means the period commencing on 1 April each year and
ending on 31 March in the year following and includes the period
commencing on 1 April 1987 and ending on 31 March 1988;

'member' means a member of the Council referred to in section 5(1) and
includes any person when acting under section 5(4) as a member;

'Vice-Chairman' means the Vice-Chairman of the Council appointed
under section 5(1) or any other member when acting under section
5(4) as Vice-Chairman.

PART II

INCORPORATION, POWERS AND STAFF

3. (1) There shall be a body corporate called the Hong Kong
Council on Smoking and Health.

(2) The purposes of the Council are to





(a)protect and to improve the health of the community
by acquiring and disseminating, and assisting others to
acquire and to disseminate, information concerning the
causes, prevention and cure of tobacco dependence in
human beings and its adverse effects and related diseases;

(b)engage in research into the causes, prevention and cure of
tobacco dependence in human beings and its adverse
effects and related diseases and to promote and to assist
such research by other individuals and organizations and
to publish the results of such research;

(c)advance the education of the public concerning the effects
of the smoking of tobacco and other forms of usage of
tobacco and its effects on the health of the community and
the individual;

(d)take such action as it thinks justified by information in its
possession including giving advice to the Government, to
any public body, to any public officer, to community
health organizations, or to the public on the causes,
prevention and cure of tobacco dependence in human
beings and its adverse effects and related diseases;

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

(3) The Council shall have perpetual succession and a common
seal and be capable of suing and being sued and of doing and
suffering all such other acts and things as bodies corporate may
lawfully do and suffer.

4. (1) The Council may do such things as are expedient for
or conducive to the attainment of the purposes declared in or
permitted or assigned under section 3(2) or of any purpose reason-
ably incidental to or consequential upon any of those purposes.

(2) Without restricting the generality of subsection (1) the
Council may-

(a)take on lease, purchase, or otherwise acquire and hold,
manage and enjoy property of any description, and sell, let
or otherwise dispose of the same;

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

(c)produce or distribute, by way of sale or otherwise, any
publication which it considers may be of interest to the
public or may assist in the furtherance of its purposes;

(d) charge for the use of any facility or service provided by the
Council;





(e)do any thing which it may do under this Ordinance in
association or co-operation with any other person or
sponsor any other person to do that thing; and

become a member of or affiliate to any international body
concerned with any matter relating to its purposes.

5. (1) The Council shall consist of the following members-

(a)a Chairman who shall be appointed by the Governor for a.
term not exceeding 3 years;

(b)a Vice-Chairman who shall be appointed by the Governor
for a term not exceeding 3 years; and

(c)not less than 13 nor more than 15 other persons each of
whom shall be appointed by the Governor for a term not
exceeding 3 years.

(2) Any member appointed under this section may be ap-
pointed again on the expiry of his term of office.

(3) Any member appointed under this section may at any
time-

(a) resign his office by notice to the Governor; or

(b)be removed from office by the Governor for permanent
incapacity or other sufficient cause,

and upon such resignation or removal the term for which he was
appointed shall be deemed to have expired.

(4) Where any member appointed under subsection (1)(a) or
(b) is precluded by temporary incapacity or other cause from
exercising his functions as a member for any period, the Governor
may appoint another person to act in place of that member during
that period with all such rights, powers, duties or liabilities as if that
person had been appointed under subsection (1)(a) or (b), as the case
may be.

(5) Where any question arises under subsection (3) or (4) as to
whether any incapacity or cause exists or whether any incapacity is
temporary or permanent or any cause sufficient, the decision of the
Governor shall be final.

6. (1) The Council may appoint committees and may dele-
gate to them the exercise and performance of any of its powers and
functions except this power of delegation.

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

(3) Subject to the terms of any delegation by the Council every
committee-

(a)may exercise and perform the delegated powers and func-
tions with the same effect as if it were the Council 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.

7. (1) At a meeting of the Council 8 members shall form a
quorum.

(2) At a meeting of the Council the Chairman shall preside or
if he is absent the Vice-Chairman; if both the Chairman and the
Vice-Chairman are absent the members present shall appoint one of
their number to preside.

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

(4) If a member of the Council, or of any committee of the
Council, has a direct or indirect commercial interest in any matter
under discussion at a meeting of the Council or of the committee,
being an interest greater than that which he has as a member of the
general public, the following provisions shall apply-

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

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

(c)where the disclosure is made by the member presiding,
he shall vacate the chair during the discussion and the
members present shall appoint one of their number to
preside;

(d)the member, including one who has vacated the chair
under paragraph (c), shall, if so required by the member
presiding, withdraw from the meeting during the discus-
sion and shall not in any case, except as otherwise deter-
mined by the member presiding, vote on any resolution
concerning the matter or be counted for the purpose of
establishing the existence of a quorum.

(5) Subject to this Ordinance, arrangements relating to meet-
ings of the Council, and the procedure at and the conduct of its
meetings, shall be such as the Council may determine.

8. The validity of any proceedings of the Council 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 any
such proceeding occurred; or

(c) any vacancy among members.





9. The Council 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 Council.

10. The Council-

(a)shall appoint a person to hold the office of Executive Director;

(b) may appoint such other employees as it thinks fit; and

(c) may engage the services of technical and professional
advisers as it thinks fit,

and may determine all matters relating to their remuneration and terms
and conditions of appointment or engagement.

11. (1) The Council may-

(a) provide allowances and benefits for its employees;

(b) make payments, whether ex gratia or legally due, to the
personal representative of a deceased employee or to any
person who was dependent on such employee at his death.

(2) The Council may establish, manage and control, or enter into an
arrangement with any company or association for the establishment,
management and control by such company or association either alone
or jointly with the Council of, any fund or scheme for the purpose of
providing for the allowances, benefits and payments referred to in
subsection (1).

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

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

12. (1) The Council 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) A document to be made by the Council shall be deemed to be
duly executed if sealed with the seal of the Council in accordance with
subsection (3).

(3) A document shall not be sealed with the seal of the Council
unless the seal is affixed pursuant to a resolution of the Council and in
the presence of 2 members of the Council, each of whom shall sign his
name.





(4) Any document purporting to be a document executed
under the seal of the Council authenticated in accordance with
subsection (3) shall be received in evidence and shall, until the
contrary is proved, be deemed to be a document so executed.

(5) Any contract or instrument which if entered into or
executed by a person not being a body corporate would not be.,
required to be in the form of a deed may be entered into or executed
on behalf of the Council by any person generally or specially
authorized by the Council for that purpose.

PART III

FINANCIAL

13. (1) The Governor may, out of money appropriated for
the purpose by the Legislative Council, authorize payment to the
Council of such amounts of money as he thinks fit.

(2) The resources of the Council shall consist of-

(a) all money received by the Council under subsection (1);

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

(3) All money received by the Council shall be deposited with
any bank approved by the Financial Secretary.

14. The Council may, with the prior approval of the Financial
Secretary, borrow money and charge all or any part of its property
as security therefor.

15. All money of the Council that is not immediately required
shall be invested on deposit in any bank approved by the Financial
Secretary, either generally or in any particular case, for the purpose
or in such other forms of investment as the Financial Secretary may
approve.

16. The Council shall in each financial year adopt estimates of
income and expenditure for the ensuing financial year and, before a
date to be appointed by the Secretary for Health and Welfare, send
them to the Governor for his approval together with a programme
of its proposed activities for the ensuing financial year.

17. (1) The Council shall keep proper accounts and proper
records in relation to the accounts.

(2) Without restricting the generality of subsection (1), the
accounts and records kept by the Council shall include information
relating to-





(a)money received and paid by the Council disclosing the
sources of receipt and reasons for payment;

(b) the assets and liabilities of the Council.

(3) The Council 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 Council, which statement shall
include an income and expenditure account and a balance sheet.

(4) The Council shall, with the prior approval of the Secretary
for Health and Welfare 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 Council
and to require such information and explanations relating thereto as
he thinks fit.

(5) The auditor shall, as soon as is practicable, audit the
accounts required by subsection (3) and shall submit a report on the
accounts to the Council.

(6) The Council 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 Council for that year;

(b) a copy of its accounts therefor; and

(c) the auditor's report on the accounts,
to the Secretary for Health and Welfare who shall cause the same to
be laid on the table of the Legislative Council.

PART IV

MISCELLANEOUS

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

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

(2) No direction under subsection (1) shall be inconsistent
with this Ordinance.

20. (1) No member or employee of the Council or of any
committee of the Council shall be personally liable for any act done
or default made-

(a) by the Council; or

(b) by any committee of the Council,
Originally 56 of 1987. L.N. 342/87. Short title. Interpretation. Council established and incorporated. General powers of Council. Membership of Council. Committees of Council. Proceedings of Council. Validity of proceedings. Transaction of business by circulation of papers. Staff of Council. Staff benefits. Documents. Resources of Council. Borrowing powers. Use of surplus funds. Estimates. Accounts, audit and annual report. Council not servant or agent of the Crown. Governor may give directions. Protection of members of Council and committees.

Originally 56 of 1987. L.N. 342/87. Short title. Interpretation. Council established and incorporated. General powers of Council. Membership of Council. Committees of Council. Proceedings of Council. Validity of proceedings. Transaction of business by circulation of papers. Staff of Council. Staff benefits. Documents. Resources of Council. Borrowing powers. Use of surplus funds. Estimates. Accounts, audit and annual report. Council not servant or agent of the Crown. Governor may give directions. Protection of members of Council and committees.

https://oelawhk.lib.hku.hk/items/show/3437

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