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Delegation

To address concerns expressed about the Authority's power to delegate its functions to outside bodies, I propose to amend Clause 9(1) of the Bill so that subject to Clause 9(7), the Authority may, except with the prior approval of the Financial Secretary, delegate its functions only to its members, employees, committees and subsidiaries. This amendment will tighten controls over the Authority's powers of delegation, without inhibiting delegation to outside bodies if circumstances so justify.

Committees

In view of the important role which committees of the Board will play in the effective functioning of the Authority, Members suggested that the chairmen of all committees established by the Authority should be members of the Airport Authority. They also considered that, in view of the particular importance of its functions, the Audit Committee should have a minimum number of members.

In line with Members' views, I shall be moving amendments to Clause 10(2) and Clause 31(2)(a) of the Bill respectively, to provide that the chairman of a committee shall be a member of the Authority and that the Audit Committee shall have a minimum of three members. The latter is in line with the recommendation of the United Kingdom Cadbury Report on Corporate Governance and I thank the Hon Samuel Wong, the Hon Eric Li and the Hon Roger Luk for drawing the concepts enshrined under this report once again to our attention.

Quorum

Members have suggested that decisions taken by the Board should reflect the views of both public and non-public officers. I do find it difficult to imagine a meeting where decisions would be taken only by public officers. Nevertheless, given the importance of ensuring, at all times, a proper balance of advice from Board members, I shall be moving an amendment to Clause 11(8) to provide that the quorum shall, in addition to other requirements, include at least two members who are not the Chairman, the Chief Executive Officer or a public officer.

Declaration of interest

To enhance confidence in the integrity of the operation of the Airport Authority, Members suggested that it should keep a register of interest declared by its members under Clause 13(1) of the Bill and open it for public inspection. The Provisional Airport Authority already adopts this practice administratively. And in deference to Members' requests that the practice be made a legal requirement, I will be moving an amendment to Clause 13.

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