CITY POLYTECHNIC OF HONG KONG ORDINANCE

CITY POLYTECHNIC OF HONG KONG ORDINANCE

LAWS OF HONG KONG

CITY POLYTECHNIC OF HONG KONG

ORDINANCE

CHAPTER 1132





CHAPTER 1132

CITY POLYTECHNIC OF HONG KONG ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART I

PRELIMINARY

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

PART 11

THE CITY
POLYTECHNIC

3. Establishment. incorporation and objects of the City Polytechnic ... ... ... ... 3
4. President ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
5. Seal of the City Polytechnic ... ... ... ... ... ... ... ... ... ... ... 4
6. Documents of the City Polytechnic ... ... ... ... ... ... ... ... ... .... 4
7. The powers of the City Polytechnic ... ... ... ... ... ... ... ... ... ... 4
8. City Polytechnic to be subject to the directions of the Governor in Council 5

PART III

THE COUNCIL

9. Establishment of the Council ... ... ... ... ... ... ... ... ... ... ... 5
10. Membership of the Council ... ... ... ... ... ... ... ... ... ... ... ... 5
11. Meetings and procedure of the Council ... ... ... ... ... ... ... ... ... 6
12. Transaction of business by circulation of papers ... ... ... ... ... ... ... 7
13. Committees generally ... ... ... ... ... ... ... ... ... ... ... ... ... 7

PARTIV

DIRECTOR, DEPUTY DIRECTOR AND OTHER
STAFF

14. Appointment of Director and other staff ... ... ... ... ... ... ... ... ... 8
15. Power of the Council to delegate to the Director ... ... ... ... ... ... ... 8
16. Power of the Director to delegate ... ... ... ... ... ... ... ... ... ... 9

PART V

ACADEMIC
BOARD

17. Academic Board of the City Polytechnic ... ... ... ... ... ... ... ... ... 9

PART VI

FINANCIAL ESTIMATES AND
PROGRAMME

is. Estimates ................................ ... ... ... ... ... ... ... 9
19. Accounts .............................. ... ... ... ... ... ... ... 9
20. Auditors .............................. ... ... ... ... ... ... ... 10

21. Statements and reports to be laid on table of Legislative Council ... ... ... ... 10





Section Page
PART VII

GENERAL

22. Power of the Governor in Council to make regulations ... ... ... ... ... ... 10
23. Unauthorized use of title of City Polytechnic ... ... ... ... ... ... ... ... 10
24. Power of the Council to make rules ... ... ... ... ... ... ... ... ... ... 11





CHAPTER 1132

CITY POLYTECHNIC OF HONG KONG

To provide for the establishment of the City Polytechnic of Hong Kong
andfor matters connected therewith.

[1 January 1984.]

PART 1

PRELIMINARY

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

2. In this Ordinance, unless the context otherwise requires

'Academic Board' means the Academic Board of the City Polytechnic
established under section 17;

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

'City Polytechnic' means the City Polytechnic of Hong Kong
established by section 3;

'Council' means the Council of the City Polytechnic established by
section 9;

'Deputy Director' means the Deputy Director of the City Polytechnic
appointed under section 14(1) and any person for the time being
acting in that capacity., (Amended, L.N. 395/83.)

'Director' means the Director of the City Polytechnic appointed under
section 14(1) and any person for the time being acting in that
capacity;

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

'financial year' means the period fixed by the Council under section
19(3);

member' means a member of the Council.

PART II

THE CITY POLYTECHNIC

3.(1) There is hereby established a corporation to be known
as the City Polytechnic of Hong Kong which
shall, in that name, be a body corporate with perpetual
succession and be capable of suing and being sued.





(2) The objects of the City Polytechnic shall, subject to this

Ordinance, be to provide for studies, training and research and
development in technology, engineering, science, commerce, arts
and other subjects of learning.

4. (1) There shall be a President of the City Polytechnic.

(2) The Governor shall be the President of the City Polytechnic.

5. The City Polytechnic 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 by the signature of any 2 members of the
Council, authorized by the Council either generally or
specially to act for that purpose.

6. (1) The City Polytechnic 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 City Polytechnic 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 City Polytechnic 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 the
buildings, premises, furniture and equipment and all 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 degrees and academic awards including honorary
degrees and honorary awards.

8. (1) The Governor in Council may give to the City Polytechnic
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 City Polytechnic 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 111

THE COUNCIL

9. (1) There is hereby established a Council, to be known as the
Council of the City Polytechnic of Hong Kong.

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

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

(a)the Director ex officio and, except when the office of Deputy
Director is vacant, the Deputy Director ex officio;

(b)not more than. 6 members, who shall be public officers,
appointed by the Governor;





(c)not more than 3 members elected by the eligible staff from
among their number in accordance with rules made under
section 24 and appointed by the Governor;

(d)not more than 14 members, other than public officers, of whom
not less than 7 shall have experience in commerce or industry
in Hong Kong, appointed by the Governor; and

(e)such other members, not exceeding 3, as may be appointed by
the Governor.

(2)(a) The Governor shall appoint from the members appointed
under subsection (1)(d) 3 members as follows(Amended, L.N.
395/83.)

(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)(d) to act as Chairman during that period.

(3)(a) Every member who is a public officer shall hold office
during the pleasure of the Governor.

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

(c)A member who is not a public officer 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.

11. (1) Meetings of the Council shall be held at such times

and places as the Chairman may appoint.

(2) 12 members shall form a quorum at a meeting g of the Council.





(3)(a) If a member has an interest in any matters 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 disclose to the Council the fact and nature of the
interest and shall, if required by the Council, withdraw from the
meeting while the Council is considering the matter and in any
case shall not vote thereon.

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

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

(5) Subject to this Ordinance, the Council may determine its own
procedure and may exclude from any meeting or any part thereof any ex
officio member or any member appointed under section 10(1)(c) when in
the opinion of the Chairman, or the person acting as Chairman. such
exclusion is in the best interests of the City Polytechnic.

12. The Council 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 Council.

13. (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 City Polytechnic;

(b)to approve the programme and estimates required to be
submitted under section 18;

(c)to authorize the preparation of the statements required under
section 19(2);

(d) to make rules under section 24.

(5) Subject to the directions of the Council,' each committee may
determine its own procedure at its meetings.





PART IV

DIRECTOR, DEPUTY DIRECTOR AND OTHER STAFF

14. (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 City
Polytechnic, and the welfare and discipline:, of staff and
students therein;

(b)may, in accordance with subsection (2), appoint a Deputy
Director who shall undertake such duties as the Director may
direct;

(c)may appoint such other persons to be employees of the City
Polytechnic as it may consider expedient.

(2) The Director and Deputy Director shall be appointed by
resolution passed by the votes of not less than 14 members.'

(3) The Director or Deputy Director may be removed from office by
resolution passed by the votes of not less than 14 members on the
ground of his misconduct, incompetence. inefficiency or other good
cause.

(4)(a) The Council may appoint any person to act a's Director
during the incapacity or absence from Hong Kong of' the
Director or if that office is or becomes vacant for any reason.

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

(5) In this section ---members-does not include members appointed
under section 10(1)(c).

15. (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 to

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

(b)approve the programme and estimates required to be
submitted under section 18;

(c)authorize the preparation of the statements required under
section 19(2);

(d) make rules under section 24;

(e) appoint an acting Director.





16. (1) Subject to subsection (2), the Director 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 15.

(2) The power conferred by this section on the Director to delegate
any power or duty of the Council delegated to him under section 15,
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 15.

PART V

ACADEMIC BOARD

17. (1) There shall be an Academic Board of the City Polytechnic
for the purpose of

(a) reviewing and developing academic programmes;

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

(c) regulating the admission of persons to approved courses of

c

study and their attendance at such courses; and

(d)regulating the examinations leading to the degrees and
academic awards of the City Polytechnic.

(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 24.

PART VI

FINANCIAL ESTIMATES AND
PROGRAMME

18. The City Polytechnic 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.

19. (1) The City Polytechnic shall maintain proper accounts and
records of all income and expenditure.

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

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







20. (1) The City Polytechnic 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 City Polytechnic and to require such
information and explanations thereof as they think fit.

(2) The auditors shall audit the statements prepared under section
19(2) and shall report thereon to the City Polytechnic.

21. (1) The City Polytechnic 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 City Polytechnic and copies of the statements prepared
under section 19(2) and the report made under section 20(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 VII

GENERAL

22. (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- l!

(a)the admission of persons other than members, students or staff
to the premises of the City Polytechnic.,

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

(2) Regulations made under this section may provide that any
contravention of any such regulations shall be an offence and may
provide penalties therefor not exceeding a fine of 55,000.

23. (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

(a) falsely purports or holds itself out to be-

(i) the City Polytechnic or any branch or part thereof; or

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

(b) with intent to deceive or mislead, uses the title 'City Poly-

technic of Hong Kong' or or a title





in any language which so closely resembles the title 'City
Polytechnic of Hong Kong' or ' Ait-M -iri ff-T.'4'~P-k ' as to
be capable of deceiving or misleading any person into
believing that the company, body corporate, firm or
organization is

(i) the City Polytechnic or any branch or part thereof, or

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

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of 5 10,000.

24. The Council may, subject to any regulations made under
section 22, 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, such rules may provide for

(a)the regulation of the proceedings of the Academic Board and
of any committee appointed under section 13.

(b)the membership and quorum of the Academic Board and of
any committee appointed under section 13;

(c)the powers and duties of the Academic Board and of any
committee appointed under section 13;

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

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

the conferring of degrees and other academic awards,
including honorary degrees and honorary 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(c).
Originally 65 of 1983 L.N. 295 83 L.N. 414 83 Short title Interpretation Establishment incorporation and objects of the City Polytechnic President Seal of the City Polytechnic Documents of the City Polytechnic The powers of the City Polytechnic City Polytechnic to be subject to the directions of the Governor in Council Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Appointment of Director and other staff Power of the Council to delegate to the Director Power of the Director to delegate Academic Board of the City Polytechnic 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 City Polytechnic Power of the Council to make rules

Originally 65 of 1983 L.N. 295 83 L.N. 414 83 Short title Interpretation Establishment incorporation and objects of the City Polytechnic President Seal of the City Polytechnic Documents of the City Polytechnic The powers of the City Polytechnic City Polytechnic to be subject to the directions of the Governor in Council Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Appointment of Director and other staff Power of the Council to delegate to the Director Power of the Director to delegate Academic Board of the City Polytechnic 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 City Polytechnic Power of the Council to make rules

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