TNAG-1451-FCO40-1955-Hong-Kong-Regional-Council-Ordinance-and-elections-1986 — Page 56

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

HONG KONG ARTS CENTRE

Ord. No. 11/86

A97

A96

By-laws.

(Cap. 232.)

Rules.

Ord. No. 11/86

HONG KONG ARTS CENTRE

(b) uses the title "Hong Kong Arts Centre" or "+" or a title in any language which so closely resembles the title "Hong Kong Arts Centre" or "" as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is-

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

(ii) connected or associated with the Centre in any manner whatsoever. (2) Any person who contravenes subsection (1) commits an offence and is liable to a fine of $10,000.

28. (1) The Board may, under its common seal, make by-laws not inconsistent with this Ordinance for the better management of the Centre and in particular, but without prejudice to the generality of the foregoing, may by such by-laws provide

for-

(a) the management and control, including the closing or partial closing, of the

premises;

(b) the fixing of the times or occasions during which the premises or any part

thereof may be open to any class of persons;

(c) the regulation of the conduct of persons in or on the premises or any part

thereof, including—

(i) authorizing the removal from the premises of any person by an employee of the Centre, or by a police officer on the request of any such employee;

(ii) requiring any person to give his name and address to any such employee or police officer; and

(iii) authorizing any such employee to arrest without a warrant and detain a person until he can be taken into custody by a police officer, where such employee has reasonable grounds to believe that the person has committed or is about to commit an offence under the by-laws made under this section;

(d) the authorization of a police officer to take into custody without a warrant any person arrested by an employee of the Centre and to apply sections 51 and 52 of the Police Force Ordinance;

(e) the control (including prohibition) of trading, advertising or the erection of structures in or on the premises; the removal, storage and sale of any trading, advertising or construction materials that are brought into or remain in or on the premises in contravention of any by-law made under this section, the recovery of any costs incurred in respect of such removal, storage and sale, and the forfeiture of the proceeds of such sale;

(f) the general regulation and management of the premises and of any facility,

equipment or fitting provided therein.

(2) Any by-law made under this section may provide that a contravention of specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine of $2,000 and imprisonment for 3 months.

(3) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Attorney General in relation to the prosecution of criminal offences, prosecutions under any by-law made under this section may be brought in the name of the Centre.

(4) In this section "premises" means any premises or land of the Centre.

29. The Board may make rules for the better carrying out of the provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may by such rules provide for-

(a) the discipline of persons in the employment of the Centre;

(b) the membership of the Centre, the rights and liabilities of members, and the

regulation of the conduct of members;

(c) the composition, powers, functions and duties of any committee created

under section 22 and the term of office of the members of such committee; (d) the quorum and the regulation of the proceedings of any committee created

under section 22.

30. (1) No appointment under section 5 of the repealed Ordinance shall be Savings and affected by the repeal.

(2) All property, whether movable or immovable, rights and privileges vested in the Hong Kong Arts Centre immediately prior to the commencement of this Ordinance shall continue to be vested in the Centre on the terms and conditions, if any, on which the same were then vested at that date, and nothing in this Ordinance shall affect the obligations and liabilities to which it was subject immediately prior to the commencement of this Ordinance.

transitional.

31. Nothing in this Ordinance shall affect or be deemed to affect the rights of Saving. Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or of any other persons except as are mentioned in this Ordinance and those claiming by, from or under them.

32. (1) The Hong Kong Arts Centre Ordinance is repealed. (2) The Constitution of the Hong Kong Arts Centre is revoked.

Passed by the Hong Kong Legislative Council this 12th day of March 1986.

LAW Kam-sang,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LAW Kam-sang, Clerk to the Legislative Council.

Repeal and revocation. (Cap. 304.)

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