THE HONG KONG UNIVERSITY OF SCIENECE AND TECHNOLOGY ORDINANCE

THE HONG KONG UNIVERSITY OF SCIENECE AND TECHNOLOGY ORDINANCE

LAWS OF HONG KONG

THE HONG KONG UNIVERSITY OF SCIENCE

AND TECHNOLOGY ORDINANCE

CHAPTER 1141





CHAPTER 1141

THE HONG KONG UNIVERSITY OF SCIENCE AND
TECHNOLOGY ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title and commencement 3

2. Interpretation . ....... ................. ... ... ... 3

PART 11

THE HONG KONG UNIVERSITY OF SCIENCE AND
TECHNOLOGY

3. Establishment and incorporation ofthe University ... ... ... ... ... ... ... 3
4. Objects of the University ... ... ... ... ... ... ... ... ... ... ... ... 3
5. Powers of the University ... ... ... ... ... ... ... ... ... ... ... ... 4

PART III

THE CHANCELLOR AND THE
COURT

6. The Chancellor............................. ... ... ... ... ... ... ... 5
7. The Court ................................. ... ... ... ... ... ... 5

PARTIV

THE COUNCIL

8. Functions of the Council ... ... ... ... ... ... ... ... ... ... ... ... 5
9. Membership ofthe Council ... ... ... ... ... ... ... ... ... ... ... ... 6
10. Meetings and procedure of the Council ... ... ... ... ... ... ... ... ... 7
11. Committees ofthe Council ... ... ... ... ... ... ... ... ... ... ... ... 7

PART V

VICE-CHANCELLOR, PRO-VICE-CHANCELLORS AND
OTHER STAFF

12. Appointment of Vice-Chancellor, Pro-Vice-Chancellors and other staff ... ... 8
13. Power of Council to delegate to Vice-Chancellor ... ... ... ... ... ... ... 9
14. Power of Vice-Chancellor to delegate ... ... . ... ... ... ... ... ... ... 9

PART VI

SENATE, FACULTIES, SCHOOLS AND
CONVOCATION

15. Senate .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
16. Faculties and Schools ... ... ... ... ... ... ... ... ... ... ... ... ... 10
17. Convocation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10





Section PART VII Page

FINANCIAL STATEMENTS AND REPORTS

18. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
19. Auditors ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
20. Statements and reports to be submitted to Chancellor ... ... ... ... ... ... 10

PART VIII

GENERAL

21. Committees generally ... ... ... ... ... ... ... ... ... ... ... ... ... 10
22. Seal of the University ... ... ... ... ... ... ... ... ... ... ... ... ... 11
23. Power of Council to make statutes ... ... ... ... ... ... ... ... ... ... 11
24. Unauthorized use of title of the University ... ... ... ... ... ... ... ... 11
25. Consequential amendments ... ... ... ... ... ... ... ... ... ... ... ... 12





CHAPTER 1141

THE HONG KONG UNIVERSITY OF SCIENCE
AND TECHNOLOGY

To provide for the establishment of The Hong Kong University of
Science and Technology andfor connected matters.

[ 1.0 ,; 1

PART 1

PRELIMINARY

1. (1) This Ordinance may be cited as The Hong Kong University
of Science and Technology Ordinance.

(2) This Ordinance shall come into operation on a day to be
appointed by the Governor by notice in the Gazette.

2. In this Ordinance, unless the context otherwise requires

'Chancellor' means the Chancellor of the University and also any
person acting as Chancellor of the University by virtue of section
6(2);

'Court', 'Council', 'Senate' and 'Convocation' respectively mean the
Court, Council, Senate and Convocation of the University;

'financial year' means the period fixed by the University under section
18(3);

',statutes' means the statutes of the University;

'University' means The Hong Kong University of Science and
Technology established by section 3;

'Vice-Chancellor' and 'Pro-Vice-Chancellors' respectively mean the
Vice-Chancellor and Pro-Vice-Chancellors of the University.

PART 11

THE HONG KONG UNIVERSITY OF SCIENCE AND TECHNOLOGY

3. There is hereby established a body corporate with perpetual
succession to be known in English as The Hong Kong University of
Science and Technology and in Chinese as which in its name either in
English or Chinese may sue and be sued.

4. The objects of the University are





(a)to advance learning and knowledge through teaching and
research, particularly

(i) in science, technology, engineering, management and
business studies; and

(ii) at the postgraduate level; and

(b)to assist in the economic and social development of Hong
Kong.

5. The University may do all things that are necessary for, or
incidental or conducive to, the furtherance of its objects and in
particular, but without prejudice to the generality of the foregoing, may

(a)acquire, hold and dispose of interests in property of any
description;

(b) enter into any contract;

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

(d)employ staff, advisers and consultants, whether on a full or
part time basis;

(e)provide appropriate amenities (including facilities for social
activities and physical recreation and residential
accommodation) for its students and employees;

invest its funds in such manner and to such extent as it thinks
appropriate or expedient;

(g)borrow money in such manner and on such security or terms
as it thinks appropriate or expedient;

(h)apply for and receive any grant in aid on such terms as it
thinks appropriate or expedient;

(i)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;

(j)generally or in any particular case or class of case, reduce,
waive or refund such fees and charges;

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

(1)confer degrees and other academic awards including
honorary degrees and honorary awards;

(m)provide, for profit or otherwise, advisory, consultancy,
research and other related services;

(n)enter into a partnership or any other form of joint venture with
any person;





(o)acquire, hold and dispose of interests in other corporate
bodies and form or take part in forming corporate bodies;

(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 and software
for computers, as it thinks appropriate or expedient; and

(q)provide financial assistance, by way of grant or loan, in
pursuance of its objects.

PART 111

THE CHANCELLOR AND THE COURT

6. (1) There shall be a Chancellor of the University who
shall be the head of the University and who may confer degrees and
other academic awards in the name of the University.

(2) The Governor shall be the Chancellor. In the absence of
the Governor, the Acting Governor or the Governor's Deputy shall
be the Acting Chancellor and shall have all the powers and duties of
the Chancellor.

(3) The Chancellor may appoint a person to be the Pro-
Chancellor of the University. The Pro-Chancellor may, on the
authorization of the Chancellor and on his behalf, exercise any of
the powers and perform any of the duties conferred or imposed on
the Chancellor.

7. (1) There shall be a Court, which shall be the supreme
advisory body of the University.

(2) The functions of the Court shall be to-

(a) receive an annual report from the Vice-Chancellor;

(b) consider any reports made to it by the Council;

(e)discuss any motion made at the Court on general Univer-
sity policy;

(d) raise funds for the University; and

(e)promote the interests of the University in Hong Kong and
elsewhere.

PART IV

THE COUNCIL

8. There shall be a Council, which-

(a) shall be the supreme governing body of the University; and





(b)may exercise any of the powers conferred and shall per-
form all of the duties imposed on the University by this
Ordinance, other than those powers conferred and those
duties imposed by this Ordinance on some other authority
or person.

9. (1) The Council shall consist of-

(a) the Vice-Chancellor;

(b) the Pro-Vice-Chancellors;

(e)the holder of each office (if any) of Dean of a Faculty and
Dean of a School;

(d) the Chairman of Convocation;

(e)not more than 3 members, who shall be public officers,
appointed by the Governor;

not more than 3 academic members of the Senate nominated
by the Senate and appointed by the Chancellor; and

(g)not more than 18 members, who shall not be public officers
or employees of the University, of whom-
(i) not less than 10 shall have experience in commerce
or industry in Hong Kong and not more than 5 shall be
from other tertiary institutions in or outside Hong Kong;
(ii) not more than 9 shall be appointed by the Chancel-
lor; and
(iii) not more than 9 shall be appointed by the Chancel-
lor on the recommendation of the Council.

(2)(a) The Chancellor shall appoint, from the members
appointed under subsection (1)(g) who have experience in
commerce or industry in Hong Kong, 3 members as
follows-
(i) 1 member as Chairman of the Council;
(ii) 1 member as Vice-Chairman of the Council; and
(iii) 1 member as Treasurer of the Council.

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

(c)If both the Chairman and the Vice-Chairman are absent
from Hong Kong or are, for any other reason, unable to
act as Chairman, or if the offices of Chairman and Vice-
Chairman are vacant, the members may appoint one of the
members appointed under subsection (1)(g) to act as
Chairman.

(3)(a) A member who is appointed under section 9(1)(e)
shall hold office during the pleasure of the Governor.





(b)Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member who is appointed under
section 9(1)(f) or (g)

(i) shall be appointed for a period of 3 years or such lesser
period as the Chancellor may in any particular case specify,
but may from time to time be reappointed; and

(ii) may at any time by notice in writing to the Chancellor
resign from the Council.

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

(2) At any meeting of the Council, 50% of the members of the
Council for the time being shall form a quorum.

(3) The Council may determine its own procedure.

(4) If a member has any pecuniary or other personal 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 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.

11. (1) The Council may create such committees as it thinks fit and
any such committee may consist partly of persons who are not members
of the Council.

(2) The chairman and vice-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 created under subsection (1).

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

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

(b)to cause the preparation of the statements required under
section 18(2);

(c) to make statutes under section 23;

(d)to appoint or remove from office the Vice-Chancellor or any
Pro-Vice-Chancellor under section 12, or to approve the duties
to be undertaken by any Pro-Vice-Chancellor under that
section.

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





PART V

VICE-CHANCELLOR, PRO-VICE-CHANCELLORS AND OTHER STAFF

12. (1) The Council-

(a)shall, in accordance with subsection (2), appoint a
ViceChancellor who shall be the chief executive and academic
officer of the University;

(b)may, in accordance with subsection (3), appoint not more than
3 Pro-Vice-Chancellors who shall undertake such duties as are
recommended by the Vice-Chancellor and approved by the
Council;

(c)may appoint such other persons to be employees of the
University as it considers expedient.

(2)(a) The Vice-Chancellor shall be appointed by resolution of
the Council passed by the votes of not less than threequarters
of its members for the time being.

(b)The Vice-Chancellor may be removed from office by resolution
of the Council passed by the votes of not less than three-
quarters of its members for the time being on the ground of his
misconduct, incompetence, inefficiency or other good cause.

(c)In this subsection 'members' does not include members
appointed under section 9(1)(a), (b), (c) or (f).

(3)(a) The Pro-Vice-Chancellors shall be appointed on the
recommendation of the Vice-Chancellor by resolution of the
Council passed by the votes of not less than threequarters of
its members for the time being.

(b)A Pro-Vice-Chancellor may on the recommendation of the Vice-
Chancellor be removed from office by resolution of the
Council passed by the votes of not less than threequarters of
its members for the time being on the ground of his
misconduct, incompetence, inefficiency or other good cause.

(c)In this subsection 'members' does not include members
appointed under section 9(1)(b), (c) or (f).

(4)(a) The Council may appoint any person to act as
ViceChancellor on a temporary basis during the incapacity or
absence from Hong Kong of the Vice-Chancellor or if that
office is vacant for any reason.

(b)The Council may appoint any person to act as a Pro-
ViceChancellor on a temporary basis during the incapacity or
absence from Hong Kong of any Pro-Vice-Chancellor or if that
office is vacant for any reason.





(c)An appointment under this subsection shall be made on the
recommendation of the Vice-Chancellor, except where the Vice-
Chancellor is for any reason prevented from or incapable of
making such a recommendation or where that office is vacant
for any reason.

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

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

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

(b)to cause the preparation of the statements required under
section 18(2);

(c) to make statutes under section 23;

(d)to make appointments and removals from office under section
12, other than under section 12(1)(c), or to approve the duties
to be undertaken by any Pro-Vice-Chancellor under section
12.

14. (1) Subject to subsection (2), the Vice-Chancellor 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 13.

(2) The power conferred by this section on the Vice-Chancellor to
delegate any power or duty of the Council delegated to him under
section 13, and the exercise by any person or committee of persons of
any such power or duty delegated by the Vice-Chancellor under this
section, shall be subject to any restriction or condition imposed in
respect thereof by the Council under section 13.

PART VI

SENATE, FACULTIES, SCHOOLS AND CONVOCATION

15. There shall be a Senate which shall be the supreme academic
body of the University and which shall, subject to the availability of
funds provided by the Council,

(a) plan, develop and review academic programmes;

(b)direct and regulate the teaching and research conducted in
the University;

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

(d)regulate the examinations leading to the degrees and other
academic awards of the University.





16. (1) There shall be such Faculties and Schools as may be
constituted by the Council.

(2) There shall be a Board of each Faculty and School.

17. There shall be a Convocation.

PART VII

FINANCIAL STATEMENTS AND REPORTS

18. (1) The University shall maintain proper accounts and
records of all income and expenditure.

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

(3) The University may, from time to time, fix a period to be
its financial year.

19. (1) The University 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 University and to require such
information and explanations thereof as they think fit.

(2) The auditors shall audit the statements prepared under
section 18(2) and shall report thereon to the University.

20. The Council shall, not later than 6 months after the end of
each financial year, submit to the Chancellor a report on the
activities of the University and copies of the statements prepared
under section 18(2) and the report made under section 19(2).

PART VIII

GENERAL

21. (1) The Court, the Senate, and the Board of each Faculty
and School may establish such committees as they think fit.

(2) Unless the statutes provide otherwise, the chairman and
vice-chairman of any committee shall be members of the Court, the
Senate, or the Board of the Faculty or School, as the case may be.

(3) Unless the statutes provide otherwise, any committee may
consist partly of persons who are not members of the Court, the
Senate, or the Board of the Faculty or School, as the case may be.

(4) Unless the statutes provide otherwise, the Court, the
Senate, and the Board of each Faculty and School may, with or
without restrictions or conditions as they think fit, delegate any of
their powers and functions to any committee.





22. The fixing of the common seal of the University shall be-

(a) authorized by resolution of the Council; and

(b)authenticated by the signature of 2 members of the Council
authorized by the Council to act for that purpose, one of
whom shall not be an employee of the University.

23. (1) The Council may make statutes for the better carrying out of
this Ordinance and in particular, but without prejudice to the generality
of the foregoing, may make statutes in relation to

(a) the administration of the University;

(b) the membership of the University;

(c) the academic membership of the University;

(d) the constitution of the Court and the Senate;

(e)the constitution, powers and functions of the Faculties, the
Boards of the Faculties, the Schools, the Boards of the
Schools and the Convocation;

the regulation of the proceedings of any body referred to in
paragraphs (d) and (e) above;

(g)the offices of Dean of a Faculty and Dean of a School and the
powers and functions of persons holding such offices;

(h)the welfare and discipline of students and employees of the
University;

(i)the conferring of degrees and other academic awards,
including honorary degrees and honorary awards;

(j)the nomination of academic members from the Senate for
appointment to the Council under section 9(1)(f);

(k) financial procedures.,

(1)fees payable to the University as a condition of admission to
any examinations held by the University or for the conferring
of any degree or other academic award of the University or for
attendance at any course of the University or any similar
purpose; and

(m) generally, the carrying into effect of this Ordinance.

(2) Every statute made under subsection (1) shall be published in
the Gazette.

24. (1) No person shall incorporate or form, or be a director, office
bearer or organizer of, work in connection with, or be a member of, any
body of persons, corporate or unincorporate, that, without the written
consent of the Council

(a) holds itself out to be-

(i) the University or any part thereof, or

(ii) in any way connected or associated with the University;
or





(b) uses the title 'The Hong Kong University of Science and
Technology' or or a title in any language
which so closely resembles the title 'The Hong Kong
University of Science and Technology' or
as
to be capable of misleading any person into believing that
the body of persons is-

(i) the University or any part thereof, or

(ii) in any way connected or associated with the University.

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

25. (1) Section 2 of the Education Ordinance is amended-

(a) in paragraph (h) by deleting 'or';

(b)in paragraph (i) by deleting the full stop and substituting the
following

11; or'; and

(c) by inserting after paragraph (i) the following-

'(j)The Hong Kong University of Science and
Technology established by The Hong Kong
University of Science and Technology Ordinance.'.

(2) The Schedule to the Prevention of Bribery Ordinance is
amended by inserting after item 47 the following

'48. The Hong Kong University of Science and Technology.'.

(3) The definition of 'educational institution' in section 2 of the
Road Traffic Ordinance is amended by inserting at the end thereof the
following

'(i)The Hong Kong University of Science and
Technology established by The Hong Kong
University of Science and Technology Ordinance;'.
Originally 47 of 1987 Short title and commencement Interpretation Establishment and incorporation of the University Object of the University Powers of the University The Chancellor The Court Functions of the Council Membership of the Council Meetings and procedure of the Council Committees of the Council Appointment of Vice-Chancellor, Pro-Vice- Chancellors and other staff Powers of Council to delegate to vice-chancellor Power of vice-chancellor to delegate Senate Faculties and Schools Convocation Accounts Auditors Statements and reports to be submitted to Chancellor Committees generally Seal of the University Power of Council to make statutes Unauthorized use of title of the University Consequential amendments

Originally 47 of 1987 Short title and commencement Interpretation Establishment and incorporation of the University Object of the University Powers of the University The Chancellor The Court Functions of the Council Membership of the Council Meetings and procedure of the Council Committees of the Council Appointment of Vice-Chancellor, Pro-Vice- Chancellors and other staff Powers of Council to delegate to vice-chancellor Power of vice-chancellor to delegate Senate Faculties and Schools Convocation Accounts Auditors Statements and reports to be submitted to Chancellor Committees generally Seal of the University Power of Council to make statutes Unauthorized use of title of the University Consequential amendments

https://oelawhk.lib.hku.hk/items/show/3619

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