HONG KONG POLYTECHNIC ORDINANCE

HONG KONG POLYTECHNIC ORDINANCE

LAWS OF HONG KONG

HONG KONG POLYTECHNIC ORDINANCE

CHAPTER 1075





CHAPTER 1075

HONG KONG POLYTECHNIC ORDINANCE

ARRANGEMENT OF SECTIONS

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

1. Short title ............................... ... ... ... ... ... ... 1

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

3. Establishment and objects of Polytechnic ... ... ...

3A.................Officers of the Polytechnic ... ... ... ... ... ... ... ... ... ... ... 2

4. Unauthorized use of name of Mong Kong Polytechnic ... ... ... ...

........................................3
5. Establishment and incorporation of Council ... ... ... ... ... ... ... 3

6.................The powers of the Council ... ... ... ... ... ... ... ... ... ... ... 3

7. Council to be subject to the directions of tile Governor in Council ... ... ... 4

8. Appointment of Director and other staff ... ... ... ... ... ... ... ... 4

8A. Academic Board of the Polytechnic ......... ... ... ... ... ... ... ... 5

9. Committees generally ...................... ... ... ... ... ... ... ... 5
10. Membership of the Council .............. ... ... ... ... ... ... ... ... 6

11. Power of the Council to delegate to the Director ... ... ... ... ... ... ... 7

1 1A. Power of the Director to delegate ... ... ... ... ... ... ... ... ... 7

12. Fees and charges ....................... ... ... ... ... ... ... ... ... 7

13. Estimates and financial Year .............. ... ... ... ... ... ... ... 7

14. Accounts ............................... ... ... ... ... ... ... ... 8
15. Auditors ............................... ... ... ... ... ... ... ... 8

16. Statements and reports to be laid on table of Legislative Council ... ... ... ... 8
17. Power of the Governor in Council to make regulations ... ... ... ... ... ... 8
18. Power of the Council to make rules ... ... ... ... ... ... ... ... ... ... 8

19. Saving..................................... ... ... ... ... ... ... ... ... 9





CHAPTER 1075

HONG KONG POLYTECHNIC

To providefor the establishment of the Hong Kong
Polytechnic and for matters connected therewith.

[24 March 1972.]

1. This Ordinance may be cited as the Hong Kong Polytechnic
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Academic Board' means the Academic Board of the Polytechnic
established under section 8A;

'Chairman' and 'Deputy Chairman' mean respectively the Chairman of
the Council and the Deputy Chairman of the Council;

'Council' means the Council of the Polytechnic established under
section 5;

'Director' and 'Deputy Director' mean respectively the Director of the
Polytechnic and the Deputy Director of the Polytechnic;

'elegible staff' means the full-time teaching and instructional staff of the
Polytechnic, and includes members of the administrative staff of the
Polytechnic of equivalent rank or grade;

'financial year' means the period fixed by the Council under section
13(2);

'member' means a member of the Council;

'Polytechnic' means the Hong Kong Polytechnic established under
section 3.

(Replaced, 5 of 1978, s.
2)

3. There is hereby established an institution to be known as the
Hong Kong Polytechnic. the objects of which shall, subject to this
Ordinance, be to provide for studies, training and research in
technology, science. commerce, arts and other subjects of learning.

3A. (1) The officers of the Polytechnic shall be the persons for the
time being holding any of the following offices hereby constituted as
offices of the Polytechnic

(a) the President of the Polytechnic;

(b) the. Chairman of the Council;.

(c) the Deputy Chairman of the Council;

(d) the Treasurer of the Polytechnic;

(e) the Director of the Polytechnic; and

(1) the Deputy Director of the Polytechnic.





(2) The Governor shall be the President of the Polytechnic and
may, as President, confer honorary awards and academic awards in
the name of the Polytechnic.

(3) The Treasurer of the Polytechnic shall be appointed by the
Governor from among the members of the Council appointed under
section 10(1)(d).

(4) The appointment of the Director and of the Deputy Director (if
any) shall be in accordance with section 8.

(Added, 5 of 1978, s. 3)

4. (1) No person shall form, or work in connexion with or be a
member of

(a)any organization, institution or body which, without authority
from the Council, claims or purports to be the Hong Kong
Polytechnic or a branch thereof, or to be connected therewith;
or (Amended, 5 of 1978, s. 9)

(b)any organization, other than the Hong Kong Polytechnic,
which uses the title of 'the Hong Kong Polytechnic' or or
any title in any language which so closely resembles the
expression 'Hong Kong Polytechnic' as to be calculated to
mislead or deceive.

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of $1,000.

5. (1) There is hereby established a Council, to be known as the
Council of the Hong Kong Polytechnic, which shall in that name be a
body corporate with perpetual succession and shall be capable of suing
and being sued and, subject to this Ordinance, of doing and suffering all
such other acts and things as bodies corporate may lawfully do and
suffer.

(2) The Council shall have a common seal, the affixing of which
shall be authenticated by the signature of any 2 members of the
Council.

(3) Any document purporting to be a document duly executed
under the seal of the Council shall be received in evidence and shall,
unless the contrary is proved, be deemed to be a document so executed.

(Amended, 5 of 1978, s. 9)

6. The Council shall be the governing and executive body of the
Polytechnic with power to do all such things as are necessary for, or
incidental or conducive to, the better carrying out of the objects of the
Polytechnic and may in particular, but without prejudice to the
generality of the foregoing- (Amended, 5 of 1978, s. 4)

(a)acquire, take on lease, purchase, hold and enjoy any property
and sell, let or otherwise dispose of the same; (Amended, 74 of
1974, s. 3)





(b) enter into any contract;

(e)e erect, provide, equip, maintain, keep in repair and regulate the
buildings, premises, furniture and equipment and all other
means necessary for carrying on the work of the Polytechnic;

(d)provide appropriate amenities for members, persons in the
employment of the Polytechnic and students;

(e)provide residential accommodation and social and athletic
facilities for persons in the employment of the Polytechnic and
students;

approve the expenditue of the funds of the Polytechnic in the
furtherance of its objects;

(g)invest the funds of the Polytechnic in such manner and to
such extent as it thinks necessary or expedient;

(h)borrow money in such manner and on such securities or terms
as it thinks expedient;

(i)apply for any grant in aid for its functions on such conditions
as it thinks fit;

(j)employ any professional or expert person to advise it on any
matter arising out of or in connexion with any of its functions
under this Ordinance;

(k)receive gifts on behalf of the Polytechnic. (Added, 5 of
1978,s.4)

7. (1) The Governor in Council may give to the Council such
directions as he thinks fit with respect to the exercise of its powers or
the performance of its functions under this Ordinance, either generally
or in any particular case.

(2) In the exercise of its powers and the performance of its
functions under this Ordinance the Council shall comply with any
directions given by the Governor in Council under subsection (1).

(3) The Governor in Council may delegate the powers conferred
upon him by this section to a public officer.

(Amended, 5 of 1978, s. 9)

8. (1) The Council-

(a)shall, in accordance with subsection (2), appoint a Director in
whom, subject to the control of the Council, shall be vested
the management, conduct and administration of the
Polytechnic and the discipline of students therein;

(aa) may, subject to subsection (2), appoint a person to hold the
office of Deputy Director if it appears to the Council that such
appointment is necessary or desirable, and the person so
appointed shall undertake such duties as the Director may
direct;





(b)may appoint such other persons to be employees of the
Polytechnic as the Council may consider expedient.

(2) The Director and, if any person is proposed for appointment as
Deputy Director, the Deputy Director shall be appointed by resolution
passed by the votes of not less than 12 members.

(3) The remuneration and the terms and conditions of service of
persons in the employment of the Polytechnic shall be determined by
the Council.

(4) The Director and the Deputy Director may be removed from
office by resolution passed by the votes of not less than 12 members on
the ground of his misconduct, inefficiency or other good cause.

(4A) In this section 'members' means members of the Council
appointed otherwise than under section 10(1)((cc).

(5) The Council may appoint any person to act as Director during
the absence or incapacity of the Director or if that office is or becomes
vacant for any reason.

(Amended, 5 of 1978, ss. 5 and 9)

8A. (1) There shall be an Academic Board of the Polytechnic
appointed by the Council for the following purposes

(a) reviewing and developing academic programmes;

(b)directing and regulating the teaching and research conducted
in the Polytechnic,

(c)regulating the admission of persons to approved courses of
study and their attendance at such courses; and

(d) conducting the examinations leading to the academic
awards of the Polytechnic.

(2) The membership and procedure of the Academic Board shall be
in accordance with rules made by the Council under section 18.

(Added, 5 of 1978, s. 6)

9. (1) The Council may appoint such committees for any general or
special purposes as it thinks fit and any such committee may consist
partly of persons who are not members of the Council.

(2) Subject to subsection (3), the Council may, with or without
restrictions or conditions as it thinks fit, delegate any of its powers and
duties to any committee appointed under subsection (1).

(3) The Council shall not delegate to any committee appointed
under subsection (1) the power

(a)to approve the annual programme and estimates required to be
submitted under section 13;

(b)to authorize the preparation of the statements required under
section 14(2);





(c)to approve terms and conditions of service of persons in the
employment of the Polytechnic, other than persons in the part
time or temporary employment thereof, or

(d) to make rules under section 18.

(Replaced, 2 of 1982, s. 2)

10. (1) The Council shall consist of the following members, namely

(a) the Director of Education;

(b)the Director and, except when the office of Deputy Director is
vacant, the Deputy Director;

-(c)3 members, who shall be public officers, appointed by the
Governor;

(cc) 3 members elected by the eligible staff from among their
number in accordance with rules under section 18(g), and
appointed by the Governor;

(d)12 members, other than public officers, appointed by the
Governor of whom not less than 6 shall have experience in
commerce or industry in Hong Kong;

(e)such other members, not exceeding 2, as may be appointed by
the Governor.

(2) The Governor shall appoint one of the members appointed
under subsection (1)(d) as Chairman.

(3) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member, other than the Director and the
Deputy Director, who is not a public officer 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.

(4) A member, other than the Director and the Deputy Director, who
is not a public officer may at any time, by notice in writing to the
Governor, resign from the Council.

(5) The Governor shall appoint one of the members appointed
under subsection (1)(d) as Deputy Chairman, who shall act as Chairman
during the absence or incapacity of the Chairman or if that office
becomes vacant for any reason.

(5A) If for any period both the Chairman and the Deputy Chairman
are unable by reason of absence from Hong Kong or incapacity to
perform the functions of their respective offices, or if for any period both
of those offices are vacant, the other members of the Council may
appoint one of their number to act as Chairman during that period.

(6) Eleven members shall form a quorum at a meeting of the Council.





(7) Except as otherwise provided in section 8, any question before
the Council at any meeting shall be decided by a majority of votes of
the members present.

(8) A meeting of the Council may be adjourned by the Chairman or,
where the Council so resolves, by the Council.

(Amended, 5 of 1978, ss. 7 and 9)

11. (1) Subject to subsection (2), the Council may in writing, with or
without restrictions or conditions as it thinks fit, delegate to the
Director any of its powers and duties.

(2) The Council shall not delegate to the Director the power-

(a)to approve the annual programme and estimates required to be
submitted under section 13;

(b)to authorize the preparation of the statements required under
section 14(2);

(e)to approve terms and conditions of service of persons in the
employment of the Polytechnic, other than persons in the part
time or temporary employment thereof., or

(d) to make rules under section 18.

(Replaced, 2 of 1982, s. 3)

11A. (1) Subject to subsection (2), the Director may, with or
without restrictions or conditions as he thinks fit. delegate to such
person or committee of persons as he thinks fit any of his powers and
duties, including any power or duty of the Council delegated to him
under section 11.

(2) The power conferred by this section on the Director to delegate
any power or duty of the Council delegated to him under section 11,
and the exercise by any person or committee of persons of any such
power or duty delegated by the Director under this section, shall be
subject to any restriction or condition imposed in respect thereof by the
Council under section 11.

(Added, 2 of 1982, s. 4)

12. Without prejudice to the provisions of section 7, the Council

(a)shall fix fees and charges for courses of study, facilities and
other services provided by the Polytechnic;

(b)may reduce, waive or refund fees and charges so fixed
generally or in any particular case or class of case.

(Amended, 5 of 1978, s.9)

13. (1) In each financial year, before a date to be appointed by the
Governor, the Council shall submit to the Governor, through a person
nominated by the Governor, a programme of its proposed activities and
estimates of the income and expenditure of the Polytechnic for the next
financial year:





Provided that the programme and estimates for the first financial
year of the Polytechnic shall be forwarded as soon as is practicable after
the commencement of this Ordinance.

(2) The Council may, from time to time, with the prior approval of
the Governor, fix a period to be the financial year of the Polytechnic.

(Amended, 5 of 1978, s. 9)

14. (1) The Council shall maintain proper accounts and records of
all income and expenditure.

(2) After the end of each financial year, the Council shall cause to
be prepared statements of income and expenditure during the previous
financial year and of the assets and liabilities of the Polytechnic on the
last day thereof.

(Amended, 5 of 1978, s. 9)

15. (1) The Council shall appoint auditors, who shall be entitled at
any time to have access to all books of account, vouchers and other
financial records of the Polytechnic and to require such information and
explanations thereof as they may think fit.

(2) The auditors shall audit the statements prepared under section
14(2) and shall report thereon to the Council.

(Amended, 5 of 1978, s. 9)

16. (1) The Council shall, not later than 6 months after the end of
each financial year, or before such later date as the Governor may allow
in any particular year, submit to the Governor a report on the activities
of the Polytechnic and copies of the statements prepared under section
14(2) and the report made under section 15(2).

(2) The Governor shall cause the reports and statements received
by him under subsection (1) to be laid on the table of the Legislative
Council.

(Amended, 5 of 1978, s. 9)

17. The Governor in Council may make regulations for the better
carrying out of the provisions of this Ordinance.

18. The Council may, subject to any regulations mde under section
17, make rules for the better carrying out of the purposes of this
Ordinance and in particular, but- without prejudice to the generality of
the foregoing, may provide for

(a)the regulation of its proceedings and the proceedings of the
Academic Board and of any committee appointed under
section 9;

(b)the membership and quorum of the Academic Board and of
any committee appointed under section 9;





(c)the powers, functions and duties. of the Academic Board
and of any committee appointed under section 9;

(d)the discipline of persons in the employment of the
Polytechnic;

(e)the regulation of the conduct and discipline of students of the
Polytechnic;

(f) the making of honorary awards and academic awards;

(g)the holding and the conduct of elections for the purpose of
electing members of the eligible staff for appointment to the
Council under section 10(1)(cc).

(Amended, 5 qf 1978, ss. 8 and 9)

19. Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance and those claiming by, from or
under them.
Originally 40 of 1971. 74 of 1974. 5 of 1978. 2 of 1982. L.N. 68/72. Short title. Interpretation. Establishment and objects of Polytechnic. Officers of the Polytechnic. Unauthorized use of name of Hong Kong Polytechnic. Establishment and incorporation of Council. The powers of the Council. Council to be subject to the directions of the Governor in Council. Appointment of Director and other staff. Academic Board of the Polytechnic. Committees generally. Membership of the Council. (Cap. 1.) Power of the Council to delegate to the Director. Power of the Director to delegate. Fees and charges. Estimates and financial year. Accounts. Auditors. Statements and reports to be laid on table of legislative Council. Power of the Governor in Council to make regulations. Power of the Council to make rules. Saving.

Originally 40 of 1971. 74 of 1974. 5 of 1978. 2 of 1982. L.N. 68/72. Short title. Interpretation. Establishment and objects of Polytechnic. Officers of the Polytechnic. Unauthorized use of name of Hong Kong Polytechnic. Establishment and incorporation of Council. The powers of the Council. Council to be subject to the directions of the Governor in Council. Appointment of Director and other staff. Academic Board of the Polytechnic. Committees generally. Membership of the Council. (Cap. 1.) Power of the Council to delegate to the Director. Power of the Director to delegate. Fees and charges. Estimates and financial year. Accounts. Auditors. Statements and reports to be laid on table of legislative Council. Power of the Governor in Council to make regulations. Power of the Council to make rules. Saving.

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