THE HONG KONG ACADEMY FOR PERFORMING ARTS ORDINANCE

THE HONG KONG ACADEMY FOR PERFORMING ARTS ORDINANCE

LAWS OF HONG KONG

THE HONG KONG ACADEMY FOR PERFORMING

ARTS ORDINANCE

CHAPTER 1135





CHAPTER 1135

THE HONG KONG ACADEMY FOR PERFORMING ARTS ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................................Page
PART 1

PRELIMINARY

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

PART 11

THE ACADEMY

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

PART III

THE COUNCIL

9. Establishment of the Council ... ... ... ... ... ... ... ... ... ... ... 6
10. Membership of the Council ... ... ... ... ... ... ... ... ... ... ... ... 6
11. Meetings and procedure of the Council ... ... ... ... ... ... ... ... ... 7
12. Transaction of business by circulation of papers ... ... ... ... ... ... ... 7
13. Appointment and functions of committees ... ... ... ... ... 1 .. ... ... 7
14. Power of Council to delegate to a committee or the Chairman ... ... ... ... 8

PART IV

DIRECTOR AND STAFF

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

PART V

ACADEMIC BOARD

18. Academic Board ofthe Academy ... ... ... ... ... ... ... ... ... ... 9
19. Powers of the Academic Board ... ... ... ... ... ... ... ... ... ... ... 9

PART VI

FINANCIAL ESTIMATES AND PROGRAMME

20. Programme and estimates ... ... ... ... ... ... ... ... ... ... ... ... 10





Section Page
21. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
22.......Auditors ............................. ... ... ... ... ... ... ... ... ... 10
23. Statements and reports to be submitted to the Governor and laid on table of
Legislative Council ... ... ... ... ... ... ... ... ... ... ... ...

PART VII

GENERAL

24.....................Power of Academy to make rules ... ... ... ... ... ... ... ... ... 11
25.......By-laws .............................. ... ... ... ... ... ... ... ... 11
26.......................Unauthorized use of title of Academy ... ... ... ... ... ... ... ... 12
27. Transfer of rights and liabilities, and other transitional provisions ... ... ... 12





CHAPTER 1135

THE HONG KONG ACADEMY FOR PERFORMING ARTS

To provide for the establishment of The Hong Kong Academy for
Performing Arts andfor matters connected therewith.

[1 July 1984.]

PART I

PRELIMINARY

1. This Ordinance may be cited as The Hong Kong Academy for
Performing Arts Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Academic Board' means the Academic Board of the Academy
appointed under section 18;

,,academic awards' includes degrees, diplomas and honorary degrees
and diplomas;

'Academy' means The Hong Kong Academy for Performing Arts
established by section 3;

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

'Council' means the Council of the Academy established by section 9;

'Director' means the Director of the Academy appointed under section
15(1)(a) and any person for the time being acting in that capacity;

'eligible staff' means the full time teaching and instructional staff of the
Academy and other full time staff of the Academy of a rank or
grade equivalent thereto;

'financial year' means the period fixed by the Academy under section
21(3).

PART 11

THE ACADEMY

3. (1) There is hereby established a corporation to be known as
The Hong Kong Academy for Performing Arts

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 Academy shall, subject to this Ordin-
ance, be to foster and provide for training, education and research in
the performing arts and related technical arts.

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

(2) The Governor shall be the President of the Academy.

(3) The Academy may appoint such persons to be Patron of
the Academy as it thinks fit.

5. The Academy shall have a common seal, and the fixing of
the seal shall be-

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

(b)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 Academy may make and execute any document in
the performance or exercise of its functions or powers or in con-
nexion 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 Academy 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 Academy 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 partic-
ular, but without prejudice to the generality of the foregoing,-

(a)acquire, take on lease, purchase, hold and enjoy property
of any description for the purposes of the Academy 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;

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

(e) engage persons on a part time basis;

provide appropriate amenities (including residential
accommodation and facilities for social activities and
physical recreation) for its students and for persons in its
service or 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 security 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;

(m)fix and collect fees and charges and specify conditions for
the use of the facilities and other services provided by it;

(n)reduce, waive or refund fees and charges fixed in exercise of
its powers under this section generally or in any particular
case or class of case;

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

(p)print, reproduce, or publish or arrange for the printing,
reproduction or publishing of any manuscript, book, play,
music, script, programme, poster, advertisement or other
material including video and audio material, as it deems
expedient;

(q)commission any play, script, composition, choreography
or other work;

(r)provide financial assistance, by way of grant or loan, to
any person to enable or assist such person to receive
education in the performing arts and related technical arts
at the Academy or elsewhere;

(s)organize, conduct and participate in events relating to the
performing arts and related technical arts;

(t) confer academic awards.

8. (1) The Governor in Council may give to the Academy
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 Academy shall comply with any
directions given by the Governor in Council under subsection (1).

(3) The Governor in Council may delegate the powers con-
ferred 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 Hong Kong Academy for Performing Arts.

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

10. (1) The following persons shall be members of the Council

(a) the Director ex officio;

(b)2 persons elected by the eligible staff from among their
number, in accordance with rules made under section 24, and
appointed by the Governor; and

(c)not more than 15 other persons appointed by the Governor of
whom not more than 6 shall be public officers.

(2)(a) The Governor shall appoint from the members of the
Council appointed under subsection (1)(c)

(i) 1 person as Chairman;

(ii) 1 person as Deputy Chairman; and
(iii) 1 person 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 absent from Hong Kong or are, for any other reason,
unable to perform the functions of their respective offices the
members of the Council appointed under subsection (1)(c)
may appoint one of their number to act as Chairman during
that period.

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

(b)Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member of the Council, other
than the Director or 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 re-
appointed.

(c)A member of the Council, other than the Director or a public
officer, may at any time by notice in writing to the Governor
resign from the Council.





(4) Upon the expiry of the appointment of any member of the
Council, other than the Director, whether by effluxion of time or as a
result of resignation or otherwise, the procedure for a new appoint-
ment, or re-appointment, 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 or person acting as Chairman may
appoint.

(2) 8 members of the Council shall form a quorum at a
meeting of the Council.

(3) Except as otherwise provided in section 15, any question
before the Council at any meeting shall be decided by a majority of
votes of the members of the Council present and voting thereon and
in the event of an equality of votes the Chairman or person acting as
Chairman shall have a casting vote in addition to his original vote.

(4)(a) If a member of the Council has an interest in any
matters to be considered at a meeting of the Council at
which he is present, he shall as soon as possible after the
commencement of the meeting state the fact and 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-

(a)may be adjourned by the Chairman or person acting as
Chairman;

(b) shall be adjourned where the Council so resolves.

(6) Subject to this Ordinance, the Council may determine its
own procedure and may exclude from any meeting or any part
thereof the Director or any member of the Council appointed under
section 10(1)(b) when in the opinion of the Chairman, or the person
acting as Chairman, such exclusion is in the best interest of the
Academy.

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 of the Council 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 the members of
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 the directions of the Council, each committee may
determine its own procedure at its meetings.

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

(a) any committee created under section 13(1);

(b) the Chairman.

(2) Save as otherwise provided for in this Ordinance the Council
shall not delegate the power to

(a)approve the programme and estimates required to be
submitted under section 20;

(b)authorize the submission of the statements and reports
required to be submitted under section 23(1);

(c) make rules under section 24;

(d) make by-laws under section 25.

PART IV

DIRECTOR AND STAFF

15. (1) The Academy shall-

(a)in accordance with subsection (2), appoint a Director who
shall be responsible to the Council and in whom shall be
vested the management, conduct and administration of the
Academy, the maintenance of academic standards and the
discipline of students thereof,

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

(2) The Director shall be appointed by resolution passed by the
votes of not less than 9 members of the Council.

(3) The Director may be removed from office by resolution passed
by the votes of not less than 9 members of the Council on the ground of
his mis-conduct incompetence or inefficiency or for other good cause.

(4) If for any period the Director is unable by reason of absence
from Hong Kong or incapacity to perform the functions of his office or
if for any period the office is vacant, the Academy may appoint a person
to act as Director during that period.





(5) In this section 'members of the Council' does not include
members of the Council appointed under section 10(1)(b).

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

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

(a)approve the programme and estimates required to be
submitted under section 20;

(b)authorize the submission of the statements and reports
required to be submitted under section 23(1);

(e) make rules under section 24;

(d) make by-laws under section 25;

(e) appoint an acting Director.

17. (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 16.

(2) The power conferred by this section on the Director to delegate
any power or duty of the Council delegated to him under section 16, 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 by the Council in respect of the
Director's exercise thereof under section 16.

PART V

ACADEMIC BOARD

18. (1) There shall be an Academic Board of the Academy.

(2) The Academic Board shall consist of-

(a) the Director, who shall be Chairman;

(b) such other persons as may be appointed by the Council.

(3) The appointment of persons under subsection (2)(b) shall be in
accordance with rules made under section 24.

19. (1) The Academic Board shall, subject to this Ordinance, have
the power and duty to

(a)review and develop the academic programmes of the Academy;





(b)direct and regulate the training, education and research
conducted in the Academy;

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

(d)regulate the examinations leading to the conferment of
academic awards of the Academy;

(e) provide for the welfare and discipline of students;

advise the Council on any matter which may be referred to
it by the Council;

(g)recommend the conferment of academic awards (other
than honorary awards); and

(h) determine its own procedure.

(2) The Academic Board may make rules, not inconsistent
with any rules made under section 24, for the better exercise and
performance of its powers and duties under subsection (1).

PART VI

FINANCIAL ESTIMATES AND PROGRAMME

20. The Academy 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.

21. (1) The Academy shall maintain proper accounts and
records of all income and expenditure.

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

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

22. (1) The Academy shall appoint an auditor who shall be
entitled at any time-

(a)to have access to such books of account, vouchers and
other records of the Academy; and

(b) to require such information and explanation,

as he considers necessary to discharge his functions.

(2) The auditor shall audit the statements prepared under
section 21(2) and shall report thereon to the Academy.





23. (1) The Academy shall, not later than 6 months after the
end of each financial year, or by such later date as the Governor may
allow in any particular year, submit to the Governor a report on the
activities of the Academy and copies of the statements prepared
under section 21(2) and of the report made under section 22(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 their receipt.

PART VII

GENERAL

24. The Academy may 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, by such rules,
provide for the-

(a)appointment of persons as members of the Academic
Board and the quorum of the Academic Board;

(b)powers, functions and duties of any committee created
under section 13;

(c)quorum and the regulation of the proceedings of any
committee created under section 13;

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

(e) conferment of academic awards; and

holding and conduct of elections for electing representa-
tives of the eligible staff for appointment to the Council
under section 10(1)(b).

25. (1) The Academy may, under its common seal, make
by-laws not inconsistent with this Ordinance for all or any of the
following purposes-

(a)the management and control, including the closing or
partial closing, of the premises;

(b)the fixing of the times or occasions during which the
premises or any part thereof may be open to any class of
persons;

(c)the regulation of the conduct of persons in or on the
premises or any part thereof and for the arrest, detention
and removal therefrom of any person who infringes any of
the provisions of any by-law made pursuant to this section;





(d)the control (including prohibition) of trading, advertising or
the erection of structures in or on the premises; the removal,
storage and sale of any trading, advertising or construction
materials that are brought into or remain in or on the premises
in contravention of any by-law made under this section; the
recovery of any costs incurred in respect of such removal,
storage and sale; and the forfeiture of the proceeds of such
sale;

(e)the general regulation and management of the premises and of
any facility, equipment or fitting provided therein.

(2) Any by-law made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may prescribe penalties therefor not exceeding a fine of 52,000 and
imprisonment for 3 months.

(3) Without prejudice to any Ordinance relating to the prosecution
of criminal offences or to the powers of the Attorney General in relation
to the prosecution of criminal offences, prosecutions under any by-law
made under this section may be brought in the name of the Academy.

(4) In this section 'premises' means any premises or land of the
Academy.

26. (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 Academy

(a) purports or holds itself out to be-

(i) the Academy or any branch or part thereof; or

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

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

(i) the Academy or any branch or part thereof., or

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

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

27. (1) All property, whether movable or immovable, rights,
obligations and liabilities of the Provisional Council immediately before
the commencement of this Ordinance are as from such commencement
the property, rights, obligations and liabilities of the





Academy and the Academy shall have all necessary powers to enjoy
that property, 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
Council was a party immediately before the commencement of this
Ordinance and whether or not such agreement is of such a nature
that the rights and liabilities thereunder could be assigned, shall have
effect from such commencement as if-

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

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

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

(4) The appointment of any employee of the Provisional
Council subsisting immediately before the commencement of this
Ordinance shall be deemed to be made by the Academy 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 Council before the commencement of
this Ordinance such thing may be carried on and completed by or
under the authority of the Academy.

(6) In this section 'Provisional Council' means the Provi-
sional Council for The Hong Kong Academy for Performing Arts
appointed by the Governor before the commencement of this
Ordinance.
Originally 38 of 1984 L.N. 178/84 Short title Interpretation Establishment incorporation and objects of Academy President and Patrons Seal of the Academy Document of the Academy This powers of the Academy Academy 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 of circulation of papers Appointment and functions of committees Power of Council to delegate to a committee or the Chairman Appointment of Director and other staff Power of the Council delegate to the Director Power of the Director to delegate Academic Board of the Academy Powers of the Academic Board Programme and estimates Accounts Auditors Statements and reports to be submitted to the Governor and laid on table of Legislative council Power of Academy to make rules By-laws Unauthorized use of title of Academy Transfer of rights and liabilities and other transitional provisions

Originally 38 of 1984 L.N. 178/84 Short title Interpretation Establishment incorporation and objects of Academy President and Patrons Seal of the Academy Document of the Academy This powers of the Academy Academy 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 of circulation of papers Appointment and functions of committees Power of Council to delegate to a committee or the Chairman Appointment of Director and other staff Power of the Council delegate to the Director Power of the Director to delegate Academic Board of the Academy Powers of the Academic Board Programme and estimates Accounts Auditors Statements and reports to be submitted to the Governor and laid on table of Legislative council Power of Academy to make rules By-laws Unauthorized use of title of Academy Transfer of rights and liabilities and other transitional provisions

https://oelawhk.lib.hku.hk/items/show/3613

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