Amendment of section 30.
Amendment of section 35.
Amendment of section 36.
Amendment of section 37.
Amendment of section 39.
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17. Section 30(5) of the principal Ordinance is amended by inserting after "long a" the following
"period of".
18. Section 35 of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "Council may" the following-
", for the better discharge of its functions under this Ordinance,";
(b) by inserting after subsection (2) the following--
“(2A) A committee appointed under this section may, for the better discharge of its functions, appoint sub-committees which may include persons who are not members of the Council or of that committee."; and
(c) in subsection (3) by deleting paragraph (b).
19. Section 36 of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "functions" the following—
", including the power conferred by this section to delegate power,”; (b) by deleting subsection (2);
(c) in subsection (3)--
(i) by deleting "subsections (1) and (2)" and substituting the following--
"subsection (1)"; and
(ii) by deleting "the appropriate" and substituting the following-
(d) in subsection (4)--
(Cap. 155.)
"a"; and
(i) by deleting "subsection (1) or (2)" and substituting the following- "subsection (1)”; and
(ii) by deleting paragraph (e) and substituting the following—
"(e) to invest surplus funds of the Council under section 43 other than on deposit in any bank licensed under the Banking Ordinance on fixed term or call deposit or in a current or savings account.".
20. Section 37 of the principal Ordinance is amended—
(a) in subsection (2)(a) by inserting after "committee" the following-
", sub-committee";
(b) in subsection (3)—
(i) in paragraph (b) by inserting after "to any committee" the following--
"or sub-committee"; and
(ii) in paragraph (c)—
(A) by inserting after "to any committee" the following-
"or sub-committee"; and
(B) by deleting "head or" wherever it occurs; and (iii) by deleting “or item” wherever it occurs; and
(c) in subsection (4) by deleting "or committee" and substituting the following—
", committee or sub-committee”.
21. Section 39(3)(c) of the principal Ordinance is amended by inserting after "Chairman" the following-
"and Vice-Chairman".
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22. Section 43 of the principal Ordinance is repealed and replaced by the Repeal and following-
"Investment of surplus funds.
(Cap. 155.)
43. All funds of the Council that are not immediately required shall be-
(a) deposited in any bank licensed under the Banking Ordin- ance on fixed term 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.".
23. Section 51A of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "High Court" the following-
"("the Court")"; and
(b) in subsection (2)(c) by deleting "court" and substituting the following-
"Court".
replacement of
section 43.
Amendment of section 51A.
24. The principal Ordinance is amended by adding after section 53 the Addition of new following
"Saving.
54. For the avoidance of doubt it is hereby declared that the Urban Council never has been, and shall not be regarded as, a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.".
25. The Second Schedule to the principal Ordinance is amended- (a) by deleting "Chairman" and substituting the following—
"Secretary"; and
(b) by inserting after "declare" the following--
"that I have satisfied myself that I am qualified and not disqualified and".
Explanatory Memorandum
This Bill amends the Urban Council Ordinance with the aim of bringing it into line with Ordinances dealing with the Regional Council, District Boards and the election of members to the Legislative Council (clauses 4, 8, 9, 10, 12, 13 and 16) to better express some of its provisions (clauses 3, 11, 16, 17 and 25), and to improve the procedures of the Urban Council (clauses 7, 11, 15, 18, 19, 20, 21 and 22).
2. A member of the Urban Council making a declaration of acceptance of office, or wishing to resign, or giving notice of his absence from Hong Kong for more than 3 months, must at present give notice to the Chairman (sections 14, 15 and 16). However the events referred to may occur at a time when there is no Chairman in office. Sections 14 and 16 are therefore amended by clause 5 to substitute "Secretary" for "Chairman". Section 15 is amended by clause 6 to enable a notice of resignation to be given to the Secretary or the Chairman. Clauses 8, 10 and 11 contain consequential amendments.
3. Doubt has arisen as to whether the Urban Council is a servant or agent of the Crown. Clause 24 makes it clear that the Urban Council never has been and shall not be regarded as a servant or an agent of the Crown.
4. The Bill also amends the area of jurisdiction of the Urban Council to the "Urban Council area" from the "urban areas", consequent upon amendments to the District Boards Ordinance by the Elections (Miscellaneous Amendments) Ordinance 1985.
5.
The Bill has no Public Service staffing or financial implications.
section 54.
Amendment of Second Schedule.
No comments yet.
Private notes are available after approval.