1973-HKRS28-16-21_Part03 — Page 11

Property vested in the Crown.

Incorporation.

(Cap. 305)

Committees.

Execution and authenticatio of documents,

Power of Governor to give directions.

(k) to do all such other acts as are reasonably necessary for the exercise or performance of all or any of the powers or duties of the Authority under this Ordinance and to perform any other function which is incidental or conducive to or connected with the attainment or furtherance of the purposes of the Authority in accord- ance with this Ordinance.

(3) In each financial year, before a date to be appointed by the Governor, the Authority shall submit to the Governor for his approval a programme of its proposed activities and estimates of the income and expenditure of the Authority for the next financial

year:

Provided that the programme and estimates for the first financial year of the Authority shall be forwarded as soon as is practicable after the commencement of this Ordinance.

(4) The policy of the Authority shall be directed to ensuring that the revenue accruing to it from its estates shall be sufficient to meet its recurrent expenditure on its estates.

5. The Governor may, by order, vest in the Authority the control and management of any property which is vested in the Crown.

6. The Authority shall be a body corporate with perpetual succession and a common seal and, for the purposes of this Ordinance, with a capacity to acquire and hold land without licence under the Charities (Land Acquisition) Ordinance and to sue and be sued in the corporate name of the Authority.

7. (1) Subject to subsection (2), the Authority may appoint committeas for the better discharge of its functions under this Ordinance.

(2) The Authority shall appoint a committee comprising of three members, one of whom shall not be a member of the Authority, for the purpose of hearing an appeal under section 20(1). (3) A committee appointed under this section may include persons who are not members of the Authority:

Provided that at least two-thirds of the members of every committee shall be members of the Authority.

R Any instrument purporting to be executed under the seal of the Authority shall be received in evidence upon its production without further proof and shall, unless the contrary is proved, be deemed to be an instrument so executed.

9. (1) The Governor may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Authority or a public officer, of any power, functions or duties under this Ordinance.

S

(2) The Authority and every public officer shall, in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Governor under subsection (1).

10, (1) The Authority may delegate any of its powers and functions, other than any power to make by-laws, to any public officer or class of public officers and to any committee of the Authority appointed under section 7.

(2) Any committee of the Authority to which powers or functions have been delegated by the Authority in accordance with subsection (1) may delegate any of such powers and func tions to any public officer or class of public officers.

11. Where any power is conferred upon any person by this Ordinance, or any requirement, notice or direction is made or given thereunder, such power may be exercised by that person and by other persons acting by direction, and that person and any other persons so acting may use all force reasonably neces- sary for the exercise of that power.

PART II

FINANCE

12. The Authority may borrow from the Government, or from such other sources as the Governor may approve, such moneys as may be required for the discharge of the functions of the Authority under this Ordinance, upon such terms and con- ditions as may be approved by the Governor.

13. Any moneys in the bands of the Authority which are not immediately required for the purposes of the Authority may be invested in such securities as may be approved by the Finan- cial Secretary:

Provided that, during such time as any moneys are due by the Authority to the Government, no such investment shall be made without the prior approval of the Financial Secretary.

14. (1) The Authority shall keep, under the general direc- tion of the Accountant General, proper accounts and other records and shall prepare in respect of each financial year a statement of accounts.

(2) The accounts of the Authority shall be audited by an auditor to be appointed annually by the Authority with the approval of the Governor, and the auditor shall furnish a report thereon.

(3) As soon as the accounts of the Authority have been audited, the Authority shall send to the Governor a copy of the

Delegation of powers,

Exercise of

power

Borrowing powers.

Investment of surplus funds.

Accounts and audit.