THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE

THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE

LAWS OF HONG KONG

THE PRINCE PHILIP DENTAL HOSPITAL

ORDINANCE

CHAPTER 1081





CHAPTER 1081

THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE

ARRANGEMENT OF SECTIONS

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

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

2. Interpretation ....................... ... ... ... ... ..... ... ... ... 2
3. Objects of Hospital................... ... ... ... ... ... ... ... ... ... 2
4. Board of Governors...................... ... ... ... ... ... ... ... ... 2

5. Membership of Board ....................... ... ... ... ... ... ... 3
6. Functions of the Board .................... ... ... ... ... ... ... ... 3

7. Meetings and proceedings ofthe Board ...... ... ... ... ... ... ... ... 4

8. Transaction of business by circulation of papers ... ... ... ... ... ... 4

9. Validity or proceedings ................... ... ... ... ... ... ... ... 4

10.........Committees ........................ ... ... ... ... ... ... ... ... ... 5
11.........Delegation ........................ ... ... ... ... ... ... ... ... ... 5

12........................Appointment of Director and other staff ... ... ... ... ... ... ... 5

13...........Staff benefits .................. ... ... ... ... ... ... ... ... ... 5
14...........Funds of the Board ........... ... ... ... ... ... ... ... ... ... ... 6

15................Programme and estimates .... ... ... ... ... ... ... ... ... ... ... 6
16................Accounts and statements .... ... ... ... ... ... ... ... ... ... ... 7

17...........................Power of Governor in Council to give directions ... ... ... ... ... 7

18........................Board to supply information to Governor ... ... ... .... ... ... ... 7
19........................Board not servant or agent of the Crown ... ... ... ... ... ... ... 7

20.........Regulations ....................... ... ... ... ... ... ... ... ... ... 7

21. Transfer of rights and liabilities and other transitional provisions ... ... ... 8





CHAPTER 1081

THE PRINCE PHILIP DENTAL HOSPITAL

Toprovide for the establishment and incorporation of a Board of
Governors of The Prince Philip Dental Hospital,. to empower the
Board to manage and administer the Hospital and to providefor
matters incidental thereto or connected therewith.

[29 May 1981.1

1. This Ordinance may be cited as The Prince Philip Dental
Hospital Ordinance.

12. In this Ordinance, unless the context otherwise requires

'Board' means the Board of Governors of the Hospital established by
section 4;

'Chairman' means the Chairman of the Board appointed under section
5(1) or (4);

'Comptroller' means the Comptroller of the Hospital appointed under
section 12(3);

'Director' means the Director of the Hospital appointed under section
12(1);

'functions'^, includes powers and duties;

'Hospital' means The Prince Philip Dental Hospital;
'Member' means a member of the Board.

3. (1) The objects of the Hospital shall be to provide facilities for
the training of dentists and other persons in professions supplementary
to dentistry.

(2) Notwithstanding subsection (1) the facilities of the Hospital
shall, if the Governor in Council so directs after consultation with the
Board, be used for such other dental or medical purposes as may be
specified in the direction.

4. (1) There is hereby established a Board of Governors of The
Prince Philip Dental Hospital, 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 Board shall have a common seal, the affixing of which shall
be authenticated by the signature of any 2 members.

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





5. (1) The Board shall consist of

(a) the following who shall be ex-officio members

(i) the Director; and

(ii) the Comptroller; and

(b) the following who shall be appointed by the Governor-

(i) the Chairman of the Board;

(ii) 4 members of the University of Hong Kong;

(iii) 2 persons, other than public officers, who are
registered dentists;

(iv) 4 persons who are public officers; and

(v) 3 other persons who are not public officers.

(2) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member who is not an ex-officio member or
a public officer may be appointed for a period of 3 years, or for such
lesser period as the Governor may in any particular case appoint, and
may from time to time be re-appointed.

(3) A member who is not an ex-officio member or a public officer
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 another
member to be Chairman in his place during his absence or inability.

(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 member, the Governor may appoint
another person to be a temporary member in his place during his
absence or inability.

6. The Board shall commission, manage and maintain the Hospital
and shall have power to do all such things as are necessary for, or
incidental to or conducive to, the better carrying out of the objects of
the Hospital and may in particular, but without prejudice to the
generality of the foregoing

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

(b) enter into any contract;

(c)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 Hospital;

(d)fix and collect fees and charges payable by patients and other
persons for the facilities and services provided by the
Hospital;

(e)reduce, waive or refund fees and charges so fixed generally or
in any particular case or class of case;





approve the expenditure of the funds of the Hospital in the
furtherance of its objects;

(g)with the prior approval of the Financial Secretary, invest the
funds of the Hospital in such manner and to such extent as it
thinks fit;

(h)with the prior approval of the Financial Secretary, borrow
moneys in such manner and on such securities or terms as it
thinks fit;

(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 and donations on behalf of the Hospital.

7. (1) Meetings of the Board shall be held at such times and places
as the Chairman may appoint.

(2) A quorum shall be 7 members.

(3) At any meeting of the Board the Chairman shall preside.

(4) If the Chairman is absent from any meeting of the Board, the
members present at the meeting shall elect one of their number to
preside at the meeting in his place.

(5) The Chairman or member presiding shall have a deliberative vote
on all matters coming before the Board and in the case of an equality of
votes he shall also have a casting vote.

(6) If a member has a pecuniary interest in any matter to be
considered at a meeting of the Board and is present at such meeting, he
shall as soon as practicable after the commencement of the meeting
disclose to the Board the fact and nature of the interest.

(7) Such member shall, if so required by the meeting, withdraw from
the meeting while the Board is considering the matter and in any case
shall not vote thereon.

(8) Subject to this Ordinance, the Board may determine its own
procedure.

8. The Board may transact any of its business by circulation of
papers, 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 Board.

9. 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
proceedings occurred; or

(c) any vacancy among members.





10. (1) The Board may appoint committees for the better discharge
of its functions under this Ordinance.

(2) A committee appointed under this section may include persons
who are not members of the Board:

Provided that at least two-thirds of the members of every
committee shall be members of the Board.

(3) Subject to the directions of the Board, each committee may
determine its own procedure at its meetings.

11. (1) Subject to subsection (2), the Board may in. writing delegate
to the Director or the Comptroller or to any committee appointed under
section 10 any of its functions:

Provided that no delegation shall preclude the Board from
exercising or performing at any time any function so delegated.

(2) The Board shall not delegate its functions under section 6(d),
12(5) or 15.

12. (1) There shall be a Director of the Hospital who shall be

(a) qualified in dentistry; and

(b)a member of the teaching staff of the University of Hong
Kong and nominated by the University; and

(e) appointed by the Governor.

(2) The Director shall be responsible to the Board for the
management, conduct and administration of the Hospital.

(3) The Board shall appoint a person to be the Comptroller of the
Hospital who

(a)shall assist the Director in the management, conduct and
administration of the Hospital; and

(b)shall be responsible directly to the Board for the financial
matters and budgets relating to the operation of the Hospital.

(4) The Board may employ such persons as it thinks fit for the
purposes of the Hospital.

(5) The Board shall determine all matters relating to the
remuneration of employees and to their terms and conditions of
employment.

13. (1) The Board may-

(a)grant, or make provision for the grant of, pensions, gratuities
and retirement benefits, to its employees;

(b)provide other benefits for the welfare of its employees and
their dependants;





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

(2) The Board 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 Board of any fund or scheme for the purpose of
providing pensions, gratuities, benefits and payments referred to in
subsection (1).

(3) The Board may make contribution 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.

14. The funds of the Board shall consist of-

(a)the fees and charges paid by patients and other persons for
the facilities and services provided by the Hospital;

(b) such sums as the Board may borrow;

(c)such subsidies as may be made available from time to time by
the Government to assist towards the running of the Hospital;

(d) any gifts or donations received by the Board.

is. (1) The Board shall, from time to time, with the prior approval
of the Governor, fix a period to be the financial year of the Board.

(2) In each financial year, before a date to be appointed by the
Governor, the Board shall submit to the Governor a programme of its
proposed activities and estimates of receipts and payments of the Board
for the next financial year.

(3) The estimates of receipts submitted under subsection (2) shall
include details of the fees and charges which the Board proposes to
charge patients and other persons and a statement of any proposed
increase in such fees and charges.

(4) The Governor shall consider the programme, estimates and
proposed fees and charges submitted to him under subsection (2) and
may approve or reject them, and, in the case of rejection, may require the
Board to resubmit the programme or estimates or proposed fees and
charges, or all or any of them modified in such manner and within such
time as the Governor may direct.





(5) The Board may from time to time vary the estimates of
receipts and payments approved under subsection (4) and shall, as
soon as practicable, deliver to the Governor details of any variation.

16. (1) The Board shall keep such accounts of its transactions
as the Director of Accounting Services may require and shall
prepare for the period from the commencement of this Ordinance to
the date fixed by the Board to be the close of the first financial year
of the Board, and for each financial year of the Board thereafter, a
statement of the accounts of the Board, which statement shall
include an income and expenditure account, a balance sheet and a
statement of receipts and payments, and shall be signed by the
Chairman.

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

(3) The accounts of the Board and the signed statement of the
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 3 months of the receipt by the
Board of the signed and audited statement of accounts from the
appointed auditor.

17. (1) The Governor in Council may give the Board direc-
tions of a general character as to the discharge by the Board of its
functions under this Ordinance in relation to matters appearing to
the Governor in Council to affect the public interest, including the
making of any honorary, academic or professional awards.

(2) The Board shall, in the exercise or performance of any
function under this Ordinance, comply with any directions given by
the Governor in Council under subsection (1).

18. The Board shall, whenever so required by the Governor,
furnish the Governor with such information relating to the opera-
tion of the Hospital as the Governor may require.

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

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





21. (1) All rights, obligations and liabilities of the Provisional Board
immediately before the commencement of this Ordinance are as from
such commencement the rights, obligations and liabilities of the Board
and the Board shall have all necessary powers to enforce those rights
and discharge those obligations and liabilities.

(2) Without limiting the generality of subsection (1), every
agreement, whether in writing or not to which the Provisional Board
was a party immediately before the commencement 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 commencement as if

(a)the Board had been party to such agreement in lieu of the
Provisional Board; and

(b)for any reference, however worded and whether expressed or
implied, to the Provisional Board there were substituted in
respect of anything to be done or omitted on or after the
commencement of this Ordinance a reference to the Board.

(3) Where necessary for the purpose of giving effect to subsection
(1), subsection (2)(b) shall also apply to any document, not being an
agreement, having therein references to the Provisional Board.

(4) The appointment of any employee of the Provisional Board
subsisting immediately before the commencement of this Ordinance shall
be deemed to be made by the Board 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 this section.

(5) Where anything has been commenced by or under the authority
of the Provisional Board before the commencement of this Ordinance
such thing may be carried on and completed by, or under the authority
of, the Board.

(6) In this section 'Provisional Board' means the Provisional Board
of, The Prince Philip Dental Hospital appointed by the Governor before
the commencement of this Ordinance.
Originally 36 of 1981. Short title. Interpretation. Objects of Hospital. Board of Governors. Membership of Board. (Cap. 1.) Functions of the Board. Meetings and proceedings of the Board. Transaction of business by circulation of papers. Validity of proceedings. Committees. Delegation. Appointment of Director and other staff. Staff benefits. Funds of the Board. Programme and estimates. Accounts and statements. Power of Governor in Council to give directions. Board to supply information to Governor. Board not servant or agent of the Crown. Regulations. Transfer of rights and liabilities and other transitional provisions.

Originally 36 of 1981. Short title. Interpretation. Objects of Hospital. Board of Governors. Membership of Board. (Cap. 1.) Functions of the Board. Meetings and proceedings of the Board. Transaction of business by circulation of papers. Validity of proceedings. Committees. Delegation. Appointment of Director and other staff. Staff benefits. Funds of the Board. Programme and estimates. Accounts and statements. Power of Governor in Council to give directions. Board to supply information to Governor. Board not servant or agent of the Crown. Regulations. Transfer of rights and liabilities and other transitional provisions.

https://oelawhk.lib.hku.hk/items/show/3556

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