TNAG-1678-FCO40-2328-Hong-Kong-Weights-and-Measures-Ordinance-1987-1987 — Page 11

5

Establishment of the Corporation.

Fixing of common seal of the Corporation.

Documents

of the Corporation.

Certain

documents not

required to be sealed.

"contract of employment" means a contract of employment or apprenti ship, whether express or implied and, if express, whether oral or writing;

"Corporation" means the Ocean Park Corporation established by sec-

tion 3(1);

"employee" means—

(a) in relation to the company, a person who works for the company

under a contract of employment; and

(b) in relation to the Corporation, a person who works for the Corporation under a contract of employment and includes a person who was, immediately before the commencement of this Ordinance, a person referred to in paragraph (a);

"financial year" means the period commencing on 1 July each year and ending on 30 June in the year following and includes the period commencing on 1 July 1986 and ending on 30 June 1987;

"Fund" means the Ocean Park Trust Fund established by section 30(1); "member" means a member of the Board referred to in section 8(1); "Ocean Park" means the public recreational and educational park called by

that name and situate at Brick Hill.

PART II

ESTABLISHMENT OF THE OCEAN PARK CORPORATION

3. (1) There is hereby established a body corporate to be called the Ocean Park Corporation.

(2) The Corporation shall have perpetual succession and a common seal and shall be capable of suing and being sued.

4.

The fixing of the seal of the Corporation shall be---- (a) authorized by the Corporation; and

(b) authenticated by the signatures of any 2 members authorized by the Corporation, either generally or specifically, to act for the purpose.

5. (1) The Corporation may make and execute any document in the performance or exercise of its functions or powers or in connexion with any matter reasonably incidental to or consequential upon the performance or exercise of its functions or powers.

(2) Any document purporting to be duly executed under the seal of the Corporation shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed.

6. Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Corporation by any person generally or specifically authorized by the Corporation for that purpose.

1

7.

PART III

ESTABLISHMENT OF THE BOARD OF THE CORPORATION

(1) There is hereby established a Board to be called the Board of Establishment the Ocean Park Corporation.

(2) The Board shall be the governing and executive body of the Corporation and, as such, shall perform all the functions imposed on the Corporation and may exercise all the powers conferred on the Corporation by this Ordinance.

of the Board.

8. (1) The Board shall consist of not less than 7 members appointed Membership of by the Governor.

the Board.

(2) Without prejudice to section 42 of the Interpretation and General (Cap. 1.) Clauses Ordinance, a member shall hold office for a period of not more than 3 years as the Governor may determine, but may from time to time be re-appointed.

(3) Any member may at any time by notice in writing to the Governor resign from the Board.

9. (1) The Governor shall, from among the members, appoint— (a) a Chairman; and

(b) a Deputy Chairman, who shall act as the Chairman during the absence or incapacity of the Chairman, or if that office becomes vacant for any reason.

Chairman of the Board.

(2) Without prejudice to section 42 of the Interpretation and General (Cap. 1.) Clauses Ordinance, the Chairman or Deputy Chairman shall hold office for a period of not more than 3 years as the Governor may determine, but may from time to time be re-appointed.

(3) Where for any reason both the Chairman and the Deputy Chair- man are absent from Hong Kong or are, for any other reason, unable to perform the functions of their respective offices, the members may appoint one of their number to act as the Chairman during that absence or incapacity of the Chairman and Deputy Chairman.

10. (1) At a meeting of the Board 4 members shall form a quorum. (2) At a meeting of the Board the Chairman shall preside.

(3) All questions for determination at a meeting of the Board shall be decided by a majority of votes of the members present and voting thereon and where there is an equality of votes the member presiding shall have a casting vote in addition to his original vote.

(4) Where a member is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation—

(a) he shall disclose the nature of his interest at a meeting of the

Board;

(b) the disclosure shall be recorded in the minutes of the Board; and

Proceedings of the Board.