1973-HKRS28-16-21_Part02 — Page 29

Authenticated Laws 確真本香港法例 All

Fees.

Power to borrow,

Investment of surplus funds.

Exemption from taxation

and starop Jutics.

(Cap. 197.)

Directions by the Governor.

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41. Where under any regulations made by the Governor in Council the Council is constituted as the authority for the pur- poses of such regulations and as such authority the Council is required to do anything for which a fee is to be paid or a charge made all such fees and charges shall be payable to the Council.

42 (1) Subject to such terms and conditions as may be approved by the Financial Secretary, the Council may raise a loan or loans, chargeable upon and payable out of the revenues and assets of the Council, of such sums of money as may be required for any capital expenditure of the Council or for the repayment of any loan previously raised for any such purpose.

(2) The Council may, with the approval of or in accordance with the terms of any general authority given by the Financial Secretary, borrow temporarily, by way of overdraft or otherwsie. such sums of money as may be required for discharging obliga- tions or fulfilling functions imposed or conferred upon the Council by this or any other Ordinance.

43. All funds of the Council that are not immediately required shall be invested in such investments as may be approved by the Financial Secretary.

44. (1) The revenues of the Council shall not be subject to laxation.

(2) No duty shall be payable by the Council under the Stamp Ordinance in respect of any instrument executed for the purposes of this or any other Ordinance.

PART VILI

MISCELLANEOUS PROVISIONS

45. (1) The Governor may, after consultation with the Council, give the Council directions of a general character as to the discharge by the Council of its functions in relatoin to matters appearing to the Governor to affect the public interest, and the Council shall give effect to such directions.

(2) The Governor may, after consultation with the Council, give to the Council specific directions for the purpose of remedying any failure of the Council to discharge any obligation or to fulfil any function imposed upon the Council by this or any other Ordinance, and the Governor may further direct any public officer to remedy such failure and any expense incurred thereby shall be payable by the Council.

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46. (1) The Governor may by order vest in the Council, for the purposes stated in such order, the management and control of any property which is vested in the Crown.

(2) Any property vested in the Council which ceases to be used for the purpose stated in the vesting order shall revert to the Crown without payment of compensation.

47. All communications from the Council to the Governor shall be signed by the Chairman or the Secretary and be delivered to the Colonial Secretary.

48. The Chairman shall, at the time of forwarding the state- ments referred to in section 40(4), make to the Governor a report on the activities of the Council during that financial year.

49. As soon as may be convenient after the receipt thereof, the Governor shall cause to be laid on the table of the Legislative Council-

(a) the estimates and list of works of the Council furnished

under section 39(1):

(b) copies of the audited statements of accounts and of the report of the Director of Audit furnished under section 40(4); and

(c) the Chairman's report on the activities of the Council

furnished under section 48.

50. Failure to comply with any written order of a member of the Council, of a committee of the Council, or of a member of a committee of the Council, duly empowered under section 36 such onder having been signed by the Secretary, and failure to comply with any order of a public officer duly empowered under section 36 shall be punishable in the same manner as if such order had been made by the Council.

$1. No matter or thing done, by any member of the Council or of a committee of the Council, bona fide for the purpose of carrying into effect the provisions of this Ordinance or of any other enactment conferring powers on the Council, shall subject such member personally to any action, liability, claim or demand whatsoever.

Vesting of property in the Council

Communica- tions between The Council and the Governor.

Annual report,

Financial statements and report to be laid before Legislative Council.

Enforcement

of orders.

Protection of members.

Seulement

of disputes.

$2. The Chairman may refer any dispute between the Council and any public officer to the Governor in Council and such a reference shall be deemed to be an appeal to the Governor in Council for the purposes of section 64 of the Interpretation and (Cap. 1) General Clauses Ordinance.

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