HONG KONG BAPTIST COLLEGE ORDINANCE

HONG KONG BAPTIST COLLEGE ORDINANCE

LAWS OF HONG KONG

HONG KONG BAPTIST COLLEGE ORDINANCE

CHAPTER 1126





CHAPTER 1126

HONG KONG BAPTIST COLLEGE ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

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

PART II

THE COLLEGE

3.......................Incorporation and objects of the College ... ... ... ... ... ... ... ... 4

4........Visitor ............................. ... ... ... ... ... ... ... ... ... 4

5..............Seal of the College ..... ... ... ... ... ... ... ... ... 4

6................Documents of the College .... ... ... ... ... ... ... ... ... ... ... 4
7................The powers of the College ... ... ... ... ... ... ... ... ... ... ... 5

8. College, Board of Governors and Council to he subject to the directions of the

Governor in Council ...................... ... ... ... ... ... ... ... 6

PART III

THE BOARD OF GOVERNORS

9.......................Establishment of the Board of Governors ... ... ... ... ... ... ... ... 6
10......................Membership of the Board of Governors ... ... ... ... ... ... ... ... 6

11.............................Meetings and procedure of the Board of Governors ... ... ... ... ... 7

12....................Powers of the Board of Governors ... ... ... ... ... ... ... ... ... 7

13...........Interpretation ................... ... ... ... ... ... ... ... ... ... 8

PART IV

THE COUNCIL

14..................Establishment of the Council ... ... ... . ... ... ... ... 8

15................Membership of the Council ... ... ... ... ... ... ... ... ... ... ... 8

16......................Meetings and procedure of the Council ... ... ... ... ... ... ... ... 9

17...........................Transaction of business by circulation of papers ... ... ... ... ... ... 10

18..............Committees generally ...... ... ... ... ... ... ... ... ... ... ... 10

19. Interpretation.................. ... ... ... ... ... ... ... ... ... ... 10





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

PART V

PRESIDENT, VICE-PRESIDENTS AND
STAFF

20. Appointment of President, Vice-Presidents and other staff ... ... ... ...

21............................Power of the Council to delegate to the President ... ... ... ... ... ... 11

22.....................Power of the President to delegate ... ... ... ... ... ... ... ... ... 11

PART VI

ACADEMIC
BOARD

23..................Academic Board of the College ... ... ... ... ... ... ... ... 12

PART VII

FINANCIAL ESTIMATES AND
PROGRAMME

24. Estimates............................. ... ... ... ... ... ... ... ... ... 12
25. Accounts.............................. ... ... .... ... ... ... ... ... 12
26. Auditors............................ ... ... 1 ... ... ... ... ... 12

27..................................Statements and reports to be laid on table of Legislative Council ... ... ... 13

PART VIII

GENERAL

28.............................Power ofthe Governor in Council to make regulations ... ... ... ... ...

29.......................Unauthorized use of title ofthe College ... ... ... ... ... ... ... ... 13
30.......................Power ofthe Council to make rules ... ... ... ... ... ... ... 14

31.......Saving ............................... ... ... ... ... ... ... ... ... 14

32.........................College not servant or agent of the Crown ... ... ... ... ... ... ... 14,

33. Vesting.................. ... ... ... ... ... ... ...

............... ... 14





CHAPTER 1126

HONG KONG BAPTIST COLLEGE

To repeal the Hong Kong Baptist College Board of Governors Incor-
poration Ordinance and to provide for the incorporation of the
Hong Kong Baptist College andfor matters connected therewith.

[1 January 1984.]

WHEREAS-

(a)The Hong Kong Baptist College was established by the
Hong Kong Baptist Convention and registered as a school
under the Education Ordinance in 1956;

(b)By the Hong Kong Baptist College Board of Governors
Incorporation Ordinance the Board of Governors of the
Hong Kong Baptist College was established as a body
corporate and in 1970 the College was registered under the
Post Secondary College Ordinance;

(c)By the said Hong Kong Baptist College Board of
Governors Incorporation Ordinance one of the objects
of the College was stated to be-

'to maintain an environment and atmosphere that is
thoroughly Christian in which moral and spiritual
teaching and training is provided, which will give
students an understanding of the Christian philoso-
phy of life';

(d)It is considered desirable that the Hong Kong Baptist
College should continue to provide education in Hong
Kong in accordance with those principles but that the
College should be incorporated under a new Ordinance
and the assets and liabilities formerly standing in the
name of the Board of Governors should be vested in the
Hong Kong Baptist College.

PART I

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Baptist
College Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Academic Board' means the Academic Board of the College
established under section 23;





,,academic year' means the academic year determined by the Council;

'Board of Governors' means the Board of Governors established by
section 9;

'College' means the Hong Kong Baptist College established by section
3;

'Convention' means the Baptist Convention of Hong Kong;

'Council' means the Council of the.. College established by section 14;

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

'financial year' means the period fixed by the College under section
25(3);

'President' means the President appointed under section 20 and any
person for the time being acting in that capacity.

PART II

THE COLLEGE

3. (1) The Hong Kong Baptist College shall in that name be a
body corporate with perpetual succession and be capable of suing and
being sued.

(2) The objects of the College shall, subject to this Ordinance, be to
provide for studies, training and research in science, commerce, social
science, arts and other subjects of learning.

4. There shall be a Visitor of the College who shall be the Governor.

5. The College shall have a common seal, and the affixing of the
seal shall

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

(b) be authenticated

(i) by the signature of the President or of any
VicePresident; and

(ii) by the signature of' 1 member of the Council, authorized
by the Council either generally or specially to act for that
purpose.

6. (1) The College may make and execute any document in the
performance or exercise of its functions or powers or in connexion with
any matter reasonably incidental to or consequential upon the
performance or exercise of its functions or powers.





(2) Any document purporting to be duly executed under the seal of
the College shall be admitted in evidence and shall, unless the contrary
is proved, be deemed to have been duly executed.

7. Subject to section 8, the College shall have power to do all such
things as are necessary for, or incidental or conducive to, or connected
with, the furtherance of its functions and may in particular, but without
prejudice to the generality of the foregoing

(a)acquire, take on lease, purchase, hold and enjoy property of
any description and sell, let or otherwise dispose of or deal
with the same in such manner and to such extent as the law
would allow if the property were held by a natural person in
the same interest;

(b) enter into any contract;

(c) erect, provide, equip, maintain, alter, remove, demolish,
replace, enlarge, improve, keep in repair and regulate its
buildings, premises, furniture and equipment and other
property;

(d)set terms of remuneration and conditions of service for staff,

(e) engage persons on a part-time basis;

(f)provide appropriate amenities (including residential
accommodation, facilities for social activities and physical
recreation) for its students and persons in its employment;

(g) receive and expend funds;

(h)invest its funds in such manner and to such extent as it thinks
necessary or expedient;

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

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

(k)engage any professional or expert person to advise it on any
matter;

(1)fix and collect fees and charges for courses of study, facilities
and other services provided by it and specify conditions for
the use of such facilities and services;

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

(n)receive and solicit gifts, whether on trust or otherwise, on its
behalf and act as trustee of moneys or other property vested
in it on trust;

(o) confer academic awards including honorary awards.





8. (1) The Governor in Council may give to the College, the Board
of Governors or the Council such directions as he thinks fit with
respect to the exercise of their respective powers or the performance of
their respective functions, either generally or in any particular case.

(2) In the exercise of their respective powers and the performance
of their respective functions the College, Board of Governors and
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.

PART III

THE BOARD OF GOVERNORS

9. (1) There is hereby established a Board of Governors to be
known as the Board of Governors of the Hong Kong Baptist College.

(2) The Board of Governors shall be the supreme governing body
of the College.

10. (1) The Board of Governors shall consist of the following
members

(a)18 members nominated by the Convention and appointed by
the Governor;

(b) 8 members appointed by the Governor;

(c)9 members nominated by the members appointed under
paragraphs (a) and (b) and appointed by the Governor;

(d)3 members elected by the eligible staff from among their
number in accordance with rules made under section 30 and
appointed by the Governor;

(e) the President ex officio; and

the President of the Hong Kong Baptist College Alumni
Association ex officio.

(2)(a) The Governor shall appoint from the members appointed
under subsection (1)(b)-

(i) 1 member as Chairman;

(ii) 1 member as Deputy Chairman; and (iii)
1 member as Treasurer.

(b)The Deputy Chairman shall act as Chairman if the Chairman is
absent from Hong Kong or is, for any other reason, unable to
act as Chairman.





(c)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
members may appoint one of the members appointed under
subsection (1)(b) to act as Chairman during that period.

(3)(a) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member appointed by the
Governor shall be appointed for a period of 3 years or such
lesser period as the Governor may in any particular case
appoint, but may from time to time be reappointed.

(b)A member appointed by the Governor may at any time, by
notice in writing, resign from the Board of Governors.

(4) Upon the expiry of the appointment of any member, other than
an ex officio member, whether by effluxion of time or as a result of
resignation or otherwise, the procedure for a new appointment, or
reappointment, as the case may be, shall be as if the position thus
vacated were being filled for the first time.

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

(2) 21 members shall form a quorum at a meeting of the Board of
Governors.

(3)(a) If a member has an interest in any matter to be considered
at a meeting of the Board of Governors and is present at such
meeting, he shall as soon as possible after the commencement
of the meeting state the fact and the nature of the interest and
shall, if required by the Board of Governors, withdraw while
the matter is considered and in any case shall not vote
thereon.

(b) In this subsection 'interest' includes a pecuniary interest.

(4) A meeting of the Board of Governors may be adjourned by the
Chairman or person presiding, or, where the Board of Governors so
resolves, by the Board of Governors.

(5) Subject to this Ordinance, the Board of Governors may
determine its own procedure and may exclude from any of its meetings
or any part thereof any ex officio member or any member appointed
under section 10(1)(d) when in the opinion of the Chairman, or person
presiding, such exclusion is in the best interests of the College.

12. The Board of Governors shall have power to-

(a)appoint a President and Vice-Presidents in accordance with
section 20;

(b)consider the annual budget estimates and make
representations thereon to the Council;





(e)consider the annual accounts together with any comments that
may have been made by the auditors;

(d)consider any reports that may be made by the Council to the
Board of Governors;

(e)discuss any motion on general College policy that may be
introduced by a member ofthe Board of Governors.

13. In this Part, unless the context otherwise requires-

(a)'Chairman' means the Chairman of the Board of Governors
appointed under section 10(2);

(b) 'Deputy Chairman' means the Deputy Chairman of the
Board of Governors appointed under section 10(2);

(c) 'member' means a member of the Board of Governors.

PARTIV

THE COUNCIL

14. (1) There is hereby established a Council, to be known as the
Council of the Hong Kong Baptist College.

(2) The Council shall be the executive body of the College and, as
such, may exercise all the powers conferred and shall perform all the
duties imposed on the College by this Ordinance.

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

(a)7 members elected from among their number by the members
of the Board of Governors appointed under section 10(1)(a)
and appointed by the Governor;

(b)the members of the Board of Governors appointed under
section 10(1)(b) ex officio;

(c)7 members, of whom not less than 4 shall have, experience in
commerce and industry in Hong Kong, appointed by the
Governor;

(d)2 members, who may include any of the 3 members of the
Board of Governors appointed under section 10(1)(d),
elected from among their number by the eligible staff in
accordance with rules made under section 30 and appointed
by the Governor;

(e)2 members nominated by the Academic Board and appointed
by the Governor;

the President ex officio.

(2)(a) The Chairman of the Board of Governors shall be Chairman
of the Council.





(b)The Deputy Chairman of the Board of Governors shall be
Deputy Chairman of the Council.

(e)The Treasurer of the Board of Governors shall be Treasurer of
the Council.

(d)The Deputy Chairman shall act as Chairman if the Chairman is
absent from Hong Kong or is, for any other reason, unable to
act as Chairman.

(e)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
members may appoint one of the members appointed under
subsection (1)(b) to act as Chairman during that period.

(3)(a) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member appointed by the
Governor shall be appointed for a period of 3 years or such
lesser period as the Governor may in any particular case
appoint, but may from time to time be reappointed.

(b)A member may at any time, by notice in writing to the
Governor, resign from the Council but this paragraph shall not
apply to an ex officio member.

(4) Upon the expiry of the appointment of any member, other than
an ex officio member, whether by effluxion of time or as a result of
resignation or otherwise, the procedure for a new appointment, or
reappointment, as the case may be, shall be as if the position thus
vacated were being filled for the first time.

16. (1) Subject to subsection (2), meetings of the Council shall be
held at such times and places as the Chairman may appoint.

(2) The Council shall meet at least 6 times in each academic year.

(3) 14 members shall form a quorum at a meeting of the Council.

(4)(a) If a member has an interest in any matter to be considered
at a meeting of the Council and is present at such meeting, he
shall as soon as possible after the commencement of the
meeting state the fact and the nature of the interest and shall,
if required by the Council, withdraw while the matter is
considered and in any case shall not vote thereon.

(b) In this subsection 'interest' includes a pecuniary interest.

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





(6) Subject to this Ordinance, 1 , he Council may determine its own
procedure and may exclude from any meeting or any part thereof the
President or any member appointed under section 15(1)(d) when in the
opinion of the Chairman such exclusion is in the best interests of the
College.

17. The Council may transact any of its business by circulation of
papers, and unless 5 members in writing request the Chairman to refer
any particular item of the business being transacted to the next meeting
of the Council 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.

18. (1) The Council may create and 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) The Chairman of any committee appointed under subsection (1)
shall be appointed by the Council from among the members of the
Council.

(3) Subject to subsection (4), the Council may in writing, with or
without restrictions or conditions as it thinks fit, delegate any of its
powers and duties to any committee appointed under subsection (1).

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

(a)to approve the terms and conditions of service of persons in
the employment of the College,

(b)to approve the programme and estimates required to be
submitted under section 24,

(c)to authorize the preparation of the statements required under
section 25(2);

(d) to make rules under section 30.

(5) Subject to any rules made under section 30, each committee
may determine its own procedure at its meetings.

19. In this Part, unless the context otherwise requires-

(a) 'Chairman' means the Chairman of the Council;

(b)'Deputy Chairman' means the Deputy Chairman of the
Council;

(c) 'member' means a member of the Council.





PART V

PRESIDENT, VICE-PRESIDENTS AND STAFF

20. (1) The Board of Governors shall, on the recommenda-
tion of the Council, appoint a President who, subject to the control
of the Council, shall be the principal academic and administrative
officer of the College.

(2) The Board of Governors shall, where the Council so
recommends, appoint 1 or more Vice-Presidents to assist the
President.

(3) The Council may appoint such other persons to be
teachers, administrators or other employees of the College as it con-
siders expedient.

(4) The Board of Governors shall, on the recommendation of
the Council, appoint any person to act as President during the
absence or incapacity of the President or if that office is or becomes
vacant for any reason.

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

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

(a)approve terms and conditions of service of persons in the
employment of the College;

(b)approve the programme and estimates required to be
submitted under section 24;

(c)authorize the preparation of the statements required under
section 25(2);

(d) make rules under section 30.

22. (1) Subject to subsection (2), the President may in writing,
with or without restrictions or conditions as he thinks fit, delegate,
to such person or committee of persons as he thinks fit, his powers
and duties, including any power or duty of the Council delegated to
him under section 21.

(2) The power conferred by this section on the President to
delegate any power or duty of the Council delegated to him under
section 21, and the exercise by any person or committee of persons
of any such power or duty delegated by the President under this
section, shall be subject to any restriction or condition imposed in
respect thereof by the Council under section 21.





PART VI

ACADEMIC BOARD

23. (1) There shall be an Academic Board of the College for the
purpose of

(a) reviewing and developing academic programmes;

(b)directing and regulating the teaching and research conducted
in the College;

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

leading to the.

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

(2) The Academic Board shall be appointed by the Council.

(3) The membership and procedure of the Academic Board shall be
in accordance with rules made by the Council under section 30.

(4) The Academic Board shall meet at least 6 times in each
academic year.

PART VII

FINANCIAL ESTIMATES AND
PROGRAMME

24. The College shall submit to a person nominated by the
Governor, at such time and in respect of such periods as the Governor
may direct, a programme of its proposed activities and estimates of its
income and expenditure.

25. (1) The College shall maintain proper accounts and records of
all income and expenditure.

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

(3) The College may, from time to time, with the prior approval of
the Governor, fix a period to be its financial year.

26. (1) The College 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 College and to require such information and
explanations thereof' as. they think fit.

(2) The auditors shall audit the statements prepared under section
25(2) and shall report thereon to the College.





27. (1), The College 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 its activities,
copies of the statements prepared under section 25(2) and the report
made under section 26(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 not later than 3 months after receipt of them.

PART VIII

GENERAL

28. (1) The Governor in Council may make regulations for the
better carrying out of the provisions of this Ordinance and in particular,
but without prejudice to the generality of the foregoing, may provide
for

(a)the admission of persons other than members, students or
staff to the premises of the College;

(b)the regulation of the conduct of persons admitted to the
premises of the College or any part thereof and for the
removal therefrom of any person who infringes any of the
provisions of any regulation made under this section.

(2) Regulations made under this section may provide that
contravention of any such regulations shall be an offence and may
provide penalties therefor not exceeding a fine of $5,000.

29. (1) No person shall incorporate or form, or be a director, office
bearer or organizer of, work in connexion with, or be a member of, any
company, body corporate, firm or organization which, without the
written authority of the College

(a) purports or holds itself out to be-

(i) the College or any branch or part thereof, or

(ii) connected or associated with the College in any manner
whatsoever; or

(b) uses the title 'Hong Kong Baptist College' or
or a title in any language which so closely resembles the title
'Hong Kong Baptist College' or so as to be capable of
deceiving or misleading any person into believing that the
company, body corporate, firm or organization is

(i) the College or any branch or part thereof, or

(ii) connected or associated with the College in any manner
whatsoever.

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable to a fine of $10,000.





30. The Council may, subject to any regulations made under
section 28, make rules for the better carrying out of the provisions of
this Ordinance and in particular, but without prejudice to the generality
of the foregoing, may provide for

(a)the regulation of the proceedings of the Academic Board and
of any committee appointed under section 18;

(b)the membership and quorum of the Academic Board and of
any committee appointed under section 18;

(c)the powers and duties of the Academic Board and the powers
and duties of any committee appointed under section 18;

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

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

(f) the conferring of academic awards, including honorary awards;

(g)the holding and conduct of elections for the purpose of
electing members of the eligible staff for appointment to the
Board of Governors under section 10(1)(d) and the Council
under section 15(1)(d).

31. 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.

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

33. (1) All property, whether movable or immovable, rights and
privileges vested in the Board of Governors of the Hong Kong Baptist
College immediately prior to the commencement of this Ordinance are
hereby transferred to and vested in the College upon the same terms
and conditions, if any, as those upon which they were held by the said
Board of Governors.

(2) The College shall be liable for all debts and liabilities ofthe
Board of Governors of the Hong Kong Baptist College.

(3) In this section the 'Board of Governors of the Hong Kong
Baptist College- means the Corporation incorporated in that name by
the Hong Kong Baptist College Board of Governors Incorporation
Ordinance.
Originally 50 of 1983 Preamble Short title Interpretation Incorporation and objects of the College Visitor Seal of the College Documents of the College The powers of the College College, Board of Governors and Council to be subject to the directions of the Governor in Council Establishment of the Board of Governors Membership of the Board of Governors Meetings and procedure of the Board of Governors Powers of the Board of Governors Interpretation Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Interpretation Appointment of President, Vice- Presidents and other staff Power of the Council to delegate to the President Power of the President to delegate Academic Board of the College Estimates Accounts Auditors Statements and reports to be laid on table of Legislative Council Power of the Governor in Council to make regulations Unauthorized use of title of the College Power of the Council to make rules Saving College not servant or agent of the Crown Vesting

Originally 50 of 1983 Preamble Short title Interpretation Incorporation and objects of the College Visitor Seal of the College Documents of the College The powers of the College College, Board of Governors and Council to be subject to the directions of the Governor in Council Establishment of the Board of Governors Membership of the Board of Governors Meetings and procedure of the Board of Governors Powers of the Board of Governors Interpretation Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Interpretation Appointment of President, Vice- Presidents and other staff Power of the Council to delegate to the President Power of the President to delegate Academic Board of the College Estimates Accounts Auditors Statements and reports to be laid on table of Legislative Council Power of the Governor in Council to make regulations Unauthorized use of title of the College Power of the Council to make rules Saving College not servant or agent of the Crown Vesting

https://oelawhk.lib.hku.hk/items/show/3604

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