HONG KONG TRADE DEVELOPMENT COUNCIL ORDINANCE

HONG KONG TRADE DEVELOPMENT COUNCIL ORDINANCE

LAWS OF HONG KONG

HONG KONG TRADE DEVELOPMENT COUNCIL

ORDINANCE

CHAPTER 1114





CHAPTER 1114

HONG KONG TRADE DEVELOPMENT COUNCIL ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

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

PART 11

TEE HONG KONG TRADE DEVELOPMENT COUNCIL

3. Establishment and incorporation of the Hong Kong Trade Development Council 3
4. Functions of the Council ... ... ... ... ... ... ... ... ... ... ... ... 4
5. General powers of the Council ... ... ... ... ... ... ... ... ... ... ... 4
5A. Governor in Council may give directions ... ... ... ... ... ... ... ... ... 5
6. Provident fund or retirement benefit scheme ... ... ... ... ... ... ... ... 5
7. Delegation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
8. Restriction as to future financial commitments ... ... ... ... ... ... ... 6
9. Seal of the Council ... ... ... ... ... ... ... ... ... ... ... ... ... 6
to. Certain contracts and instruments not required to be under seal ... ... ... ... 6

PART 111

MEMBERSHIP AND PROCEDURE OF THE- COUNCIL

11. Membership of the Council ... ... ... ... ... ... ... ... ... ... ... 7
12. Vice-chairman ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
13. Chairman at meeting, and restriction on voting ... ... ... ... ... ... ... 9
14. Meetings of the Council ... ... ... ... ... ... ... ... ... ... ... ... 9
15. Transaction of business by circulation of papers ... ... ... ... ... ... ... 10
16. Validity of proceedings ... ... ... ... ... ... ... ... ... ... ... ... 10

PART IV

COMMITTEES

17. Meetings of committees ... ... ... ... ... ... ... ... ... ... ... ... 10
18. Validity of proceedings ... ... ... ... ... ... ... ... . ... ... 10

PART V

STAFF

19. Qualifications, terms and conditions of service of Executive Director ... ... ... 10
20. Termination of contracts of service by notice ... ... ... ... ... ... ... ... 10





Section Page

PART VI

FINANCIAL PROVISIONS AND REPORTS

21. Grants ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11
22. Estimates ... ... ... ... ... ... ... .. ... ... ... 1 .. ... ... ... 11
23. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 12
24. Audit ... ... ... . ... ... ... ... ... ... ... ... ... ... ... ... ... 12
25. Report, etc. to be laid on the table of the Legislative Council, and published ... 12
26. Investment of surplus funds ... ... ... ... ... ... ... ... ... ... ... 12





CHAPTER 1114

HONG KONG TRADE DEVELOPMENT COUNCIL

To provide for the establishment of the Hong Kong Trade
Development Council, to define its powers and functions and to
provide for matters connected therewith or incidental thereto.

[30 September 1966.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Trade Development
Council Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Chairman' means the Chairman of the Hong Kong Trade Development Council
appointed under section 11 (1)(a) or, during the absence from Hong
Kong or incapacity of the Chairman so appointed, the person (if any)
appointed under subsection (6) of that section to act as Chairman or, if no
person has been appointed to act as Chairman, the vice-chairman
appointed under section 12;

'committee of the Council' means a committee appointed by the Council under
section 5(1)(f);

'Council' means the Hong Kong Trade Development Council established by
section 3;

'Executive Director' means the executive director of the Council appointed
under section 5(1)(e);

'financial year' means the period commencing on the 1st day of April each year
and ending on 31 March in the year following except that the period from
the establishment of the Council to 31 March next thereafter shall be
deemed to be a financial year.

PART II

THE HONG KONG TRADE DEVELOPMENT COUNCIL

3. There is hereby established a council to be called the Hong Kong Trade
Development Council 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.





4. The functions of the Council shall be-

(a)to promote, assist and develop Hong Kong's overseas trade,
with particular reference to exports; and

(b)to make such recommendations to the Government as it sees
fit in relation to any measures which it considers would
achieve an increase in Hong Kong's trade.

5. (1) Subject to section 8, the Council may do all such things as
are calculated to facilitate, or as are incidental or conducive to, the
better carrying out of its functions and to such end 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)establish and maintain offices both in Hong Kong and
overseas;

(c) enter into any contract;

(d)publish periodicals, booklets and other written material, and
produce or sponsor the production of documentary films and
other audio-visual material, and distribute the same by sale or
by loan, hire or otherwise with or without charge as the
Council thinks fit;

(e)from time to time and subject to Part V, appoint an Executive
Director to be the chief administrative officer of the Council
and such other officers, servants and agents, both in Hong
Kong and overseas, as it considers necessary to secure the
efficient discharge of its functions; and may employ any
professional person, in Hong Kong or overseas, to advise the
Council on any point arising out of or in connexion with any
of the functions or powers of the Council;

appoint a committee for any such general or special purpose
as in the opinion of the Council would be better regulated
and managed by means of a committee;

(g)borrow or otherwise raise money on such security as may be
necessary, and, for that purpose, charge all or any part of the
property of the Council, but without the prior approval of the
Financial Secretary no sum shall be borrowed or otherwise
raised under this paragraph which itself or together with all
other sums previously borrowed or otherwise raised under
this paragraph and still outstanding exceeds or in the
aggregate exceed 10 per cent of the total estimated
expenditure approved under section 22 for the current
financial year including the unallocated balances and
surpluses (if any) shown in the estimates for the same year;
and





(h)charge for the use of any facility or service provided by the
Council.

(2) (a) The number of members of a committee of the Council
and their term of office shall be fixed by the Council.

(b)A committee of the Council may include persons who are
not members of the Council.

(c)The Council may make rules respecting the quorum,
proceedings and place of meeting of any committee of the
Council.

5A. (1) The Governor in Council may, if he considers the
public interest so requires, give directions in writing to the Council
with respect to the exercise of its powers and the performance of its
duties under this Ordinance, and the Council shall comply with
those directions.

(2) No such direction shall be inconsistent with any provision
of this Ordinance.
(Added, 72 of 1979, s. 2)

6. The Council may, with the approval of the Governor,
establish, manage and control, or enter into an arrangement with a
trust company, an insurance company or association for the estab-
lishment, management and control by such company or association
either alone or jointly with the Council of a provident fund scheme
or a retirement benefit scheme for the benefit of all or any of the
officers or servants of the Council or of any specified class of officer
or servant of the Council, and if so required by the rules governing
such scheme may make contributions thereto in accordance with
such rules.
(Amended, 71 of 1977, s. 2)

7. (1) Subject to subsection (2), the Council may, by instru-
ment in writing, delegate to the Executive Director or to any
committee of the Council, with or without restrictions or conditions,
as the Council thinks fit, such of its powers and functions as it deems
expedient for the efficient discharge of the functions of the Council:

Provided that no delegation made hereunder shall preclude the
Council from exercising or performing at any time any of the powers
or functions so delegated.

(2) Subsection (1) shall not permit the delegation of the
power-

(a)to approve the annual programme or estimates of income
or expenditure of the Council; or

(b)to authorize the annual report or statements of income or
expenditure and of assets and liabilities of the Council; or





(e)to appoint any officer or servant above the post of senior
manager or a post equivalent thereto; or (Replaced, 71 of 1977,
s. 3. Amended, 2 of 1986, s. 2)

(d)to approve general terms and conditions of service of officers
or servants of the Council; or

(e)to establish or enter into any arrangement for the
establishment of a provident fund scheme under section 6; or

to transfer any sum, under section 22(4)(a), to any major head
of expenditure in the approved estimates of expenditure of the
Council,

and shall not permit the delegation to any committee of the Council of
the power under section 22(4)(b) to transfer any sum from any sub-head
of expenditure to any other sub-head in the approved estimates of
expenditure of the Council.

8. Without the approval of the Governor, no contract shall be
entered into in the exercise of any of the powers conferred upon the
Council by this Ordinance that itself is likely, or together with all other
contracts previously entered into are likely, to involve expenditure by
the Council in any subsequent financial year under any of the major
heads of expenditure specified in section 22(2) of an amount or
aggregate amount exceeding the sum in the estimate of expenditure
approved by the Governor for the same major head of expenditure in
respect of the year in which such contract is entered into (and not
transferred to any other major head by the Council) together with any
sum transferred to that head by the Council during that year (other than
a sum transferred thereto from any unallocated balance or surplus
shown in the estimates for that year).

9. (1) The Council shall have a common seal, and the fixing of the
seal shall

(a) be authorized or ratified by resolution of the Council; and

(b)be authenticated by the signatures of any 2 members of the
Council, authorized by resolution of the Council either
generally or specially to act for that purpose.

(2) 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 presumed to be a document so
executed.

10. 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 Council by
any person generally or specially authorized by the Council for that
purpose.





PART 111

MEMBERSHIP AND PROCEDURE OF THE COUNCIL

(1) The Council shall consist of the following members

(a)the Chairman who shall be appointed, as such, by the
Governor;

(b) 8 ex officio members, as follows-

(i) the Chairman of the Hong Kong General Chamber of
Commerce,

(ii) the Chairman of the Federation of Hong Kong
Industries,

(iii) the President of the Chinese Manufacturers'
Association,

(iv) the Chairman of the Hong Kong Tourist Association,

(v) the Chairman of the Committee of The Hong Kong
Association of Banks within the meaning of The Hong Kong
Association of Banks Ordinance, (Replaced, 2 of 1986,s.3)

(va) the Chairman of the Chinese General Chamber of
Commerce, Hong Kong, (Added, 2 of 1986, s. 3)

(vi) the Secretary for Trade and Industry, and (Amended,
L.N. 206177 and L.N. 294182)

(vii) the Director of Information Services:

Provided that if any person, who as the Chairman or
President of any one of the aforesaid associations is a
member of the Council, becomes the Chairman or President, as
the case may be, of any of the other 5 such associations, the
Governor shall, from amongst the members of the latter
association, appoint a person to be a member of the Council
for so long as the first-mentioned person remains the
Chairman or President, as the case may be, of both such
associations; (Amended, 2 of 1986, s. 3)

(c) 4 nominated members of whom-

(i) one shall be nominated by the Hong Kong General
Chamber of Commerce,

(ii) one shall be nominated by the Federation of Hong
Kong Industries,

(iii) one shall be nominated by the Chinese Manufacturers'
Association, and

(iv) one shall be nominated by the Chinese General
Chamber of Commerce, Hong Kong, (Added, 2 of 1986, s.3)

each such person being nominated from among the members
of the general committee or similar body of the association
nominating him; and (Amended, 2 of 1986, s.3)





(d)6 members appointed by name by the Governor. (Amended,
52 of 1978, s. 2)

(2) Where, for any period, any of the members of the Council
specified in sub-paragraphs (i) to (va) (inclusive) of paragraph (b) of
subsection (1) or nominated or appointed under the proviso to
paragraph (b) or under paragraph (c) or (d) of that subsection is, by
reason of absence from Hong Kong or illness, unable to exercise the
powers or perform the duties of his office as a member of the Council,
then- (Amended, 2 of 1986, s. 3)

(a)in the case of a member specified as aforesaid, that member
may appoint such person as the Council approves to be a
temporary member of the Council in his place during such
period;

(b)in the case of a member nominated under paragraph (c) of
subsection (1), the association which nominated him may
nominate such other person as the Council approves to be a
temporary member of the Council in place of that member
during such period;

(c)in the case of a member appointed under the proviso to
paragraph (b) or under paragraph (d) of that subsection, the
Governor may appoint another person to be a temporary
member of the Council in place of that member during such
period.

(3) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance

(a)the term of office of the Chairman shall be such period as the
Governor in his discretion shall on the appointment of the
Chairman fix, and the Chairman may from time to time be re-
appointed;

(b)the term of office, as members of the Council, of the members
nominated pursuant to paragraph (c) of subsection (1) shall be
one year from the date of nomination unless, in respect of any
such member, he earlier ceases to be a member of the general
committee or similar body of the association which nominated
him, in which case he shall also cease to be a member of the
Council, and any such member may from time to time be re-
nominated in accordance with the said paragraph (c);

(c)the term of office, as members of the Council, of the members
appointed pursuant to subsection (1)(d) shall be 2 years, or
such lesser period as in any particular case the Governor may
on appointment fix, and any such member may from time to
time be re-appointed.

(4) The Chairman and any member of the Council appointed under
the proviso to subsection (1)(b) or nominated under subsection (1)(c)
or appointed under subsection (])(d) may at any time by notice in
writing to the Governor resign from the Council.





(5) Where the Chairman or any member of the Council referred to in
subsection (4) resigns from the Council or dies, the vacancy thereby created
shall be filled by appointment or nomination, as the case may require, and the
provisions of subsection (3) as to terms of office shall apply in relation to the
member filling such vacancy.

(6) If the Chairman is absent from Hong Kong or is, for any other reason
unable to act as Chairman, the Governor may, in his absolute discretion,
appoint a person (whether or not such person is already a member of the
Council) to act as Chairman of the Council during the absence or incapacity
of the Chairman.

12. The Council may, from amongst the members of the Council
appointed under section 11 (1)(d), appoint a vice-chairman of the Council, and
the vice-chairman shall, unless some lesser period is fixed by the Council, hold
office as such until his term of office as a member of the Council expires or he
earlier ceases to be a member of the Council.

13. (1) The Chairman or, in his absence from any meeting, the vice-
chairman appointed under section 12 or, in the absence from any meeting of
both the Chairman and the vice-chairman, the person appointed under
subsection (2) shall preside at every meeting of the Council but the person
presiding at a meeting shall not vote thereat except in the case of an equality of
votes when he shall have a casting vote.

(2) In the absence from any meeting of the Council of both the Chairman
and the vice-chairman, the members present at the meeting shall, before any
other business is transacted at that meeting, appoint a person from among the
members present to preside thereat.

14. (1) Meetings of the Council shall be held at such times and places as
the Chairman may from time to time appoint.

(2) The Chairman shall, if requested by notice in writing signed by not
fewer than 5 members of the Council, convene a meeting of the Council within
14 days of that notice. (Amended, 2 of 1986, s. 4)

(3) No business shall be transacted at a meeting of the Council unless at
least 9 members of the Council are present thereat. (Amended, 2 of 1986, s. 4)

(4) Every question arising at any meeting of the Council shall be decided
by a majority of votes of the members present and voting thereon, each such
person having not more than one vote thereon.

(5) If a member has any pecuniary interest, direct or indirect, in any
contract or proposed contract or other matter, and is present at a meeting of the
Council at which the contract or other matter is the subject of consideration, he
shall, as soon as practicable after the commencement of the meeting, disclose to
the Council the. fact and the nature of his interest.





(6) Subject to this Ordinance, the Council may by resolution
make rules for the procedure at and conduct of its meetings and the
adjournment of any meeting at which a quorum of members is not
present.

15. The Council may, if it thinks fit, transact any of the
business by the circulation of papers, and a resolution in writing
approved in writing by a majority of the members thereof shall be as
valid and effectual as if it had been passed at a meeting of the
Council by the votes of the members so approving the resolution.

16. The validity of any proceeding of the Council shall not be
affected by any defect in the appointment or nomination of any
member or by any vacancy among members of the Council.

PART IV

COMMITTEES

17. Subject to any rules made by the Council under section
5(2), the quorum, proceedings and place of meeting of a committee
of the Council shall be such as the committee may determine.

18. The validity of any proceeding of a committee of the
Council shall not be affected by any defect in the appointment of any
member of the committee or by any vacancy among the members of
the committee.

PART V

STAFF

19. No person shall be appointed by the Council to the office
of Executive Director-

(a) without the prior consent of the Governor; and

(b)except upon such terms and conditions of service as are
approved by the Governor.

20. The contract of service of every officer and servant of the
Council shall contain a provision whereby the contract may be
terminated by either party by the giving of such period of notice, in
no case exceeding three months or such longer period as the
Financial Secretary may in any particular case approve, as may be
agreed between the Council and the officer or servant.





PART VI

FINANCIAL PROVISIONS AND REPORTS

21. Each financial year there shall be paid to the Council out of
moneys provided by the Legislative Council such sum as the Governor
may approve for the purpose of assisting the Council to exercise its
functions.

22. (1) Each year, before a date to be appointed by the Financial
Secretary, the Council shall forward to the Financial Secretary, for the
approval of the Governor, a programme of its proposed activities for the
next financial year together with or incorporating estimates of its
income and expenditure for the same year:

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

(2) The estimates of the Council shall set out the source of all
income, and shall show the distribution of expenditure under the
following major heads

(a)staff emoluments (including provision for provident fund
benefits, medical expenses and other ancillary pecuniary
benefits);

(b) capital expenditure exceeding $25,000 on any one item;

(c)recurrent expenditure other than expenditure shown under
head (a) aforesaid and capital expenditure other than
expenditure shown under head (b) aforesaid;

(d) other non-recurrent expenditure on activities,

and the estimates shall also show all unallocated balances and
surpluses available for use during the year to which the estimates relate.

(3) Each major head of expenditure shall show clearly the
destination of all moneys and where several matters are dealt with
under the one head each such matter shall be itemized and be shown in
a separate sub-head relating to similar items of expenditure, and shall
contain such particulars and information as may be required by the
Governor.

(4) Notwithstanding the approval of the Governor of the estimates
of the Council, the Council may at any time or from time to time

(a)transfer from its unallocated balances or surpluses (if any)
shown in its estimates to any major head of expenditure or
from any major head or heads of expenditure to any other
major head of expenditure a sum not exceeding or sums in the
aggregate not exceeding 20 per cent of the amount approved
for the major head to which such sum is or sums are
transferred; and





(b)transfer any sum or sums, without restriction, from any sub-
head to any other sub-head within the same head of
expenditure,

but save as permitted by paragraph (a) no sum shall be transferred to
any major head of expenditure without the approval of the Governor.

(5) The Council may expend on any major head of expenditure or
on any sub-head thereof only such sums as have been approved
therefor by the Governor (and not transferred to any other major head
or sub-head) and such sum as have been transferred thereto under
subsection (4).

23. (1) The Council shall keep proper accounts of all income and
expenditure and shall maintain proper and adequate records thereof.

(2) As soon as may be convenient after the end of each financial
year the Council shall cause to be drawn up a statement of income and
expenditure during such financial year and a statement of the assets and
liabilities of the Council on the last day thereof.

24. (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 Council and to require such information and
explanations thereon as they think fit.

(2) The auditors shall audit the statements drawn up under section
23(2) as soon as possible and shall make a report thereon to the
Council.

25. (1) The Council shall as soon as possible after the end of each
financial year, but not later than 6 months after the end of each financial
year or such longer period as the Governor may as to any particular year
allow, make to the Governor a report on its activities and shall transmit
to the Governor therewith a copy of the statements drawn up under
section 23(2) and the report made under section 24(2) and shall publish
reports and statements.

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

26. All funds of the Council that are not immediately required shall
be deposited on fixed deposit in any bank or savings 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 Council thinks fit.
Originally 28 of 1966. L.N. 206/77. 71 of 1977. 52 of 1978. 72 of 1979. L.N. 294/82. 2 of 1986. Short title. Interpretation. Establishment and incorporation of the Hong Kong Trade Development Council. Functions of the Council. General powers of the Council. Governor in Council may give directions. Provident fund or retirement benefit scheme. Delegation. Restriction as to future financial commitments. Seal of the Council. Certain contracts and instruments not required to be under seal. Membership of the Council. (Cap. 364.) (Cap. 1.) Vice-chairman. Chairman at meeting, and restriction on voting. Meetings of the Council. Transaction of business by circulation of papers. Validity of proceedings. Meetings of committees. Validity of proceedings. Qualifications, terms and conditions of service of Executive Director. Termination of contracts of service by notice. Grants. Estimates. Accounts. Audit. Report, etc. to be laid on the table of the Legislative Council, and published. Investment of surplus funds.

Originally 28 of 1966. L.N. 206/77. 71 of 1977. 52 of 1978. 72 of 1979. L.N. 294/82. 2 of 1986. Short title. Interpretation. Establishment and incorporation of the Hong Kong Trade Development Council. Functions of the Council. General powers of the Council. Governor in Council may give directions. Provident fund or retirement benefit scheme. Delegation. Restriction as to future financial commitments. Seal of the Council. Certain contracts and instruments not required to be under seal. Membership of the Council. (Cap. 364.) (Cap. 1.) Vice-chairman. Chairman at meeting, and restriction on voting. Meetings of the Council. Transaction of business by circulation of papers. Validity of proceedings. Meetings of committees. Validity of proceedings. Qualifications, terms and conditions of service of Executive Director. Termination of contracts of service by notice. Grants. Estimates. Accounts. Audit. Report, etc. to be laid on the table of the Legislative Council, and published. Investment of surplus funds.

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