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[接上页] (f) provide or contribute to pensions for staff; (g) act as trustee in relation to pension schemes and funds for scholarships and prizes; (h) borrow money in such manner and on such securities or terms as the General Council deems appropriate or expedient; (i) apply for and receive any grant in aid for the functions of the Institute on such conditions as the General Council deems appropriate or expedient; and (j) invest the funds of the Institute in such manner and to such extent as the General Council deems appropriate or expedient. Cap 507 s 6 Vesting of property On the commencement of this Ordinance, the Institute shall succeed to all property, rights, privileges, obligations and liabilities of the Hong Kong Institute of Housing, a company limited by guarantee incorporated under the Companies Ordinance (Cap 32). Cap 507 s 7 Establishment of General Council PART III GENERAL COUNCIL (1) There is hereby established a General Council to be known as the General Council of The Hong Kong Institute of Housing. (2) At the commencement of this Ordinance, the General Council shall consist of the persons holding the offices of President, Vice-President, Honorary Secretary and Honorary Treasurer of the Hong Kong Institute of Housing as described in section 6 immediately before the commencement of this Ordinance, and all other persons who were members of the council of the Hong Kong Institute of Housing as described in section 6 immediately before the commencement of this Ordinance. (3) The persons specified in subsection (2) shall hold office until the election of officers and members of the General Council at the first annual general meeting of the Institute or otherwise in accordance with the provisions of the Constitution. Cap 507 s 8 Powers of General Council The management of the Institute shall be vested in the General Council and all the powers of the Institute shall be vested in and exercisable by the General Council except so far as this Ordinance or the Constitution otherwise requires. Cap 507 s 9 Membership PART IV MEMBERSHIP AND CONSTITUTION The members of the Institute shall be those persons whose names are included in the Register, being- (a) all the members of the Hong Kong Institute of Housing as described in section 6 at the commencement of this Ordinance; and (b) other persons elected to membership in accordance with the Constitution. Cap 507 s 10 Existing Constitution to become Constitution of the Institute (1) The constitution and bylaws of the Hong Kong Institute of Housing as described in section 6 at the commencement of this Ordinance shall be adopted as the constitution of the Institute. (2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy. (3) The Constitution may be amended by the Institute at any time in accordance with its provisions. (4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Cap 507 s 11 Particulars to be delivered to the Registrar of Companies PART V GENERAL PROVISIONS (1) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration- (a) notice of the address of the Institute; (b) a list containing the names and addresses of the members of the General Council; and (c) the name and address of the Secretary.(2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy. (3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration. (4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institute on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration. (5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be prescribed under section 304 of the Companies Ordinance (Cap 32) of the inspection of a document under section 305. (6) The Institute shall pay such fees for registering any document under this Ordinance as may be specified in the Eighth Schedule to the Companies Ordinance (Cap 32) as if the Institute were a company not having a share capital. Cap 507 s 12 Saving Remarks: Adaptation amendments retroactively made - see 44 of 2000 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Amended 44 of 2000 s. 3) |