TNAG-1355-FCO40-1796-Constitutional-development-in-Hong-Kong-1985 — Page 180

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A 178

Ord. No. 39/85

Fees.

Fees for official signatures etc.

Reduction etc. of

fees and charges.

REGIONAL COUNCIL

(b) the statement of the assets and liabilities of the Regional Council on the last

day of that financial year; and

(c) such other statements as the Director of Accounting Services may specify

from time to time.

(2) The Director of Audit shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Regional Council and to require such information and explanations as he thinks fit.

(3) On receipt of the statements referred to in subsection (1), the Director of Audit shall

(a) examine and audit the statements; and

(b) within a period of 6 months after the close of the financial year, or such longer period as the Governor may determine, prepare and submit to the Regional Council a report in respect of his examination and audit of the statements together with-

(i) a copy of the statement of assets and liabilities duly certified by him; and

(ii) a copy of the statement of receipts and payments duly certified by him.

(4) The Chairman shall send copies of the audited statements and of the report of the Director of Audit to the Governor.

44. Where under any regulations made by the Governor in Council the Regional Council is constituted as the authority for the purposes of such regulations and as such authority the Regional 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 Regional Council.

45. (1) The Regional Council may make by-laws prescribing fees, for the attendance of a public officer to the matters mentioned in subsection (2), to be paid to the Regional Council in cases where

(a) by any enactment the Regional Council is constituted as an authority for the

purposes of that enactment;

(b) any such matter is required or authorized by law and it is the function of a

public officer on behalf of the Regional Council to attend to it; and

(c) no fee therefor is otherwise payable to the Regional Council and the

enactment does not disallow the charging of a fee therefor.

(2) The matters referred to in subsection (1) are—

(a) the signing of any certificate, authorization, consent, licence, permit or exemption, or any alteration, transfer or renewal thereof, addition thereto or endorsement thereon, or any copy of the same;

(b) the alteration, transfer, endorsement or addition to any certificate,

authorization, consent, licence, permit or exemption;

(c) the certification of an extract of a document, book, record or instrument as

a true extract thereof;

(d) the issue of a duplicate of a document, as provided for in subsection (3).

(3) Where an enactment requires or authorizes the issue of a document by a public officer on behalf of the Regional Council such officer may issue a duplicate thereof.

46. (1) Without limiting any particular power of the Regional Council in that behalf, any fee or charge payable to the Regional Council under any enactment may be, in any particular case and on any special ground-

REGIONAL COUNCIL

Ord. No. 39/85

A179

(a) reduced by the Regional Council or varied by it (but not so as to cause the

fee or charge as varied to exceed the original figure);

(b) remitted or refunded in whole or in part.

(2) The power in subsection (1) shall not be exercised in respect of Regional Council rates payable under the Rating Ordinance.

(Cap. 116.)

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

(2) The Regional 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 otherwise, such sums of money as may be required for discharging obligations or fulfilling functions imposed or conferred upon the Regional Council by this or any other Ordinance.

48. All funds of the Regional Council that are not immediately required shall Investment of be-

surplus funds.

(a) deposited in any bank licensed under the Banking Ordinance on fixed term (Cap. 155.)

or call deposit or in a current or savings account; or

(b) invested in such other investments as may be approved by the Financial

Secretary.

49. The revenues of the Regional Council shall not be subject to taxation.

PART VIII

MISCELLANEOUS PROVISIONS

Exemption from

taxation.

Directions by the

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

(2) The Governor may, after consultation with the Regional Council, give to the Regional Council specific directions for the purpose of remedying any failure of the Regional Council to discharge any obligation or to fulfil any function imposed upon the Regional 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 Regional Council.

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

(2) The management and control of any property which is vested in the Regional Council which ceases to be used for the purpose stated in the vesting order shall revert to the Crown without payment of compensation.

52. All communications from the Regional Council to the Governor shall be signed by the Chairman or the Secretary and be delivered to the Chief Secretary.

Vesting of management and

control of property in the Regional Council.

Communications

between the Regional Council and the Governor.

53. The Chairman shall, at the time of forwarding the statements referred to in Annual report. section 43(4), make to the Governor a report on the activities of the Regional Council during that financial year.

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