TNAG-1451-FCO40-1955-Hong-Kong-Regional-Council-Ordinance-and-elections-1986 — Page 55

A94

Ord. No. 11/86

HONG KONG ARTS CENTRE

(d) to appoint an auditor under section 25(1);

HONG KONG ARTS CENTRE

Ord. No. 11/86

A95

PART V

Power of Chief Executive to delegate.

(e) to make by-laws under section 28;

(f) to make rules under section 29.

19. (1) Subject to subsection (2), the Chief Executive may, with or without restrictions or conditions as he thinks fit, delegate in writing to such person or committee of persons as he thinks fit, his powers and duties, including any power or duty delegated to him under section 18.

(2) The power conferred by subsection (1) on the Chief Executive to delegate any power or duty of the Board delegated to him under section 18, and the exercise by any person or committee of persons of any such power or duty delegated by the Chief Executive under subsection (1), shall be subject to any restriction or condition imposed by the Board in respect of the Chief Executive's exercise thereof under section 18.

S

FINANCIAL PROVISIONS

23. (1) The Board shall prepare and approve in respect of each financial year of Programme and the Centre a programme of its proposed activities and estimates of its income and estimates. expenditure.

(2) The financial year of the Centre shall be fixed by the Board.

24. (1) The Board shall maintain proper accounts and records of all income Accounts. and expenditure.

(2) As soon as possible after the end of each financial year of the Centre the Board shall cause to be prepared statements of income and expenditure relating to the previous financial year and of the assets and liabilities of the Centre on the last day thereof.

25. (1) The Board shall appoint an auditor who shall be entitled at any time- Auditors. (a) to have access to such books of account, vouchers and other records of the

Centre; and

(b) to require such information and explanation,

as he considers necessary to discharge his functions.

(2) The auditor shall audit the statements prepared under section 24(2) and shall report thereon to the Board.

Membership of the Centre.

Election by members of the Centre to be members of the Board.

Creation and functions of committees.

PART IV

MEMBERSHIP OF THE CENTRE AND COMMITTEES

20. (1) The Board shall, within 6 months after the commencement of this Ordinance, establish the membership of the Centre according to such types or classes as the Board thinks fit.

(2) The membership of the Centre established under subsection (1) shall consist of individual members and organization members in accordance with rules made under section 29.

(3) With effect from the commencement of this Ordinance and until the membership of the Centre is established under subsection (1), the membership of the Centre shall consist of those persons and organizations who were members of the Hong Kong Arts Centre, under the Constitution of the Hong Kong Arts Centre revoked by section 32(2), immediately before such commencement.

21. (1) The Board shall, within 6 months after the commencement of this Ordinance and thereafter whenever the need arises, cause an election to be held--

(a) to elect 2 individual members of the Centre to be members of the Board for

the purpose of section 9(2)(e); and

(b) to elect 2 organization members of the Centre to be members of the Board

for the purpose of section 9(2)(ƒ).

(2) The procedure at elections under subsection (1) shall be determined by the Board.

22. (1) The Board may create, and appoint the members of, such committees for any general or special purposes as it thinks fit and any such committee may include persons who are not members of the Board.

(2) The chairman of a committee created under subsection (1) shall be appoint- ed by the Board and the number of members of a committee shall be determined by the Board.

(3) Subject to the directions of the Board and any rules made under section 29, a committee created under subsection (1) may determine its own procedure for its meetings.

(4) The proceedings of any committee created under subsection (1) shall not be invalidated by any vacancy in the membership of the committee, or by any defect in the appointment of any member thereof.

PART VI

GENERAL

26. (1) Within 30 days after the commencement of this Ordinance, the Secret- ary of the Board shall deliver to the Registrar of Companies for registration-

(a) notice in writing of the address of the Centre;

(b) a list containing the names and addresses of the members of the Board; (c) the name and address of the Chief Executive.

(2) Within 30 days after any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the Secretary of the Board shall deliver notice of the change to the Registrar of Companies for registration.

(3) Not later than 6 months after the end of each financial year of the Centre a statement of income and expenditure during that financial year and of the assets and liabilities of the Centre on the last day of that financial year prepared under section 24(2), and the report of the auditor thereon made under section 25(2), shall be delivered by the Secretary of the Board to the Registrar of Companies for registration.

(4) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be prescribed under section 304(1A) of the Companies Ordinance for the inspection of a document.

Particulars to be

delivered to the Registrar of Companies.

(Cap. 32.) (5) The Centre shall pay such fees for registering any document under this section as may be specified in the Eighth Schedule to the Companies Ordinance in (Cap. 32.) respect of a company not having a share capital.

27. (1) No person shall incorporate or form, or be a director, office bearer or Unauthorized use organizer of, or work in connexion with, or be a member of, any company, body of title of Centre. corporate, firm or organization which, without the written authority of the Centre-

(a) purports or holds itself out to be-

or

(i) the Centre or any branch or part thereof; or

(ii) connected or associated with the Centre in any manner whatsoever;