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consensus with the choreographers of the production concerned. The cancellation was accepted by the composer.
(ii) In January 1997, a visual artist originally selected for a Residence Scheme was not allowed to participate in the Scheme because he had wilfully damaged another artist's work. His action contravened the Council's policy of promoting the arts by way of protecting, exhibiting and encouraging the creation of works of art.
As for part (b) of the question, standard clauses stipulated in our agreements with artists provide the Council with the right to cancel or curtail the programme if an artist fails to observe and perform any terms or conditions of the agreement entered into with the Council. These clauses are included for legal reasons for the protection of the Council's and the public's interest. The two special cases of early cancellation mentioned above were not governed by such agreement terms, but were based on policy considerations and grounds of artistic incompatibility respectively.
Ms. ADA WONG YING-KAY (in Cantonese): - Mr. Chairman, I have several follow-up questions. I see from paragraph 3 that two people, viz one composer and one visual artist, were disqualified prematurely. Did they ever sign any contract with the Council?
The second question refers to paragraph 2 of the reply. When was the Scheme passed and in which Select Committee's policy statement was it recorded?
MR. PAO PING-WING (in Cantonese):—Mr. Chairman, I did not get the second question clearly. Maybe if Ms. WONG can repeat it later.
On the first question of whether contracts were ever signed in respect of the two said cases. For the first case, it was basically stated in the reply that there was a contract, if not, there would not have been the need to terminate it prematurely. As for the second case, as far as I understand, no contract was signed.
About the second question, will MS. WONG......
Chairman (in Cantonese):—In which Select Committee's policy statement was the Scheme recorded?
MR. PAO PING-WING (in Cantonese):—It is stipulated in the standard clauses to agreements with artists that it can be done. As for in which policy statement it was recorded, I believe it is a standing administrative practice. It is not policy. I believe the signing of contracts with outsiders, the purchase of equipment, staff employment contracts and so on are not policy issues, but rather administrative arrangements.
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