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Ord. No. 65/79
URBAN COUNCIL (AMENDMENT)
HONG KONG
No. 65 OF 1979
I assent.
Short title and commencement.
L.S.
MURRAY MAcLehose,
Governor.
2nd August, 1979.
An Ordinance to amend the Urban Council Ordinance.
[3rd August, 1979]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. (1) This Ordinance may be cited as the Urban Council (Amend- ment) Ordinance 1979.
(2) Section 10 shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
Amendment of
2.
section 36.
(Cap. 101.)
Amendment of section 37.
Section 36 of the principal Ordinance is amended—
(a) in subsection (4)—
(i) by deleting paragraph (a) and substituting the following--
"(a) to approve the annual list of works or estimates of revenue or expenditure of the Council, or any revision thereof made under section 39A;
(aa) to incur expenditure in excess of that provided for in the estimates of expenditure (whether as originally ap- proved or as from time to time revised under section 39A);";
(ii) in paragraph (c), by deleting "revenue and expenditure" and substituting the following-
"receipts and payments"; and
(iii) in paragraph (e), by inserting after "account" the following-
"or a fixed deposit account"; and
(b) by inserting after subsection (4) the following subsection-
3.
"(5) Nothing in paragraph (a) or (aa) of subsection (4) shall affect the authority of the Council to delegate its powers in by-laws made in accordance with section 37.".
Section 37 of the principal Ordinance is amended by deleting subsections (2) and (3) and substituting the following-
*(2) Subject to subsections (1) and (3), the Council may make by-laws for the regulation and control of its finances, including pro- visions as to the following-
(a) limitations on expenditure by any committee or person to whom the Council may delegate powers to authorize
expenditure;
URBAN COUNCIL (AMENDMENT)
Ord. No. 65/79
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(b) the establishment of reserves for particular purposes and the procedure to be adopted by the Council in making transfers thereto or therefrom; and
(c) the establishment of a tender board for the procurement of such goods and services as may be determined by the Council.
(3) By-laws made under subsection (2) may contain delegations of the powers mentioned in paragraphs (a) and (aa) of section 36(4) but not in excess of the following-
(a) a delegation to the standing committee of the Council's powers- (i) to revise from time to time in any way that part of the estimates of expenditure referred to in section 39(1) which relates to capital works;
(ii) to revise from time to time, by adding any sub-head or item, any part of the estimates of expenditure or of the list of works referred to in section 39(1);
(iii) to revise any part of the said estimates of expenditure or list of works by authorizing expenditure in respect of any sub- head or item in excess of the amount provided therefor (whether originally or as a result of a revision thereof);
(b) a delegation to any member of the Council or to any committee. other than the standing committee, or to any member of any committee or any public officer of the Council's powers
(c)
(i) to revise from time to time that part of the said estimates which relate to capital works by increasing or reducing the amount of the estimated total cost of any capital work or the amount of the expenditure thereon during the year to which the estimates relate;
(ii) to revise any part of the said estimates of expenditure or list of works by authorizing expenditure in respect of any sub- head or item in excess of the amount provided therefor in the said estimates or list of works (whether originally or as a result of a revision thereof),
but limited, where sub-paragraph (i) applies, to an increase or reduction of the amount of the estimated total cost of any capital work by not more than 30 per cent of the amount originally provided, and, where sub-paragraph (ii) applies, to excess expendi- ture of not more than $15000 where the amount originally provided for a sub-head or item is less than $50 000 and of not more than 30 per cent of the amount originally provided for a sub-head or item in any other case;
a delegation to any member of the Council or to any committee or any member of any committee or any public officer of the Council's powers to transfer amounts appearing in a head or sub-head of the said estimates (whether originally or as a result of a revision thereof) to another head or sub-head thereof. (4) Every delegation referred to in subsection (3) shall be made in terms which require the person or committee within the period specified in the by-laws to lay before the Council particulars of the exercise of the delegated powers.".
4.
Section 38 of the principal Ordinance is amended by deleting Amendment of "revenue and expenditure" and substituting the following-
"receipts and payments".
section 38.