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[接上页] (f) any other person, or class of persons, specified by the Chief Executive, by notice in the Gazette, for the purposes of this section. (Amended 60 of 2000 s. 3)(2) The Authority shall not delegate any of its functions or powers under- (a) Part III (except that its power under section 8(1) may be delegated to a Hospital Governing Committee subject to the restriction that it shall only be exercised in relation to the public hospital for which it is established); (b) this section or section 13, 18 or 21; or (c) such provisions of Schedule 3 which are specified in that Schedule as functions or powers which the Authority shall not delegate.(3) Subject to the terms of the relevant delegation of the Authority or to any directions of the Authority, a delegate of the Authority- (a) shall perform the delegated functions and may exercise the delegated powers as if it were the Authority itself; and (b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary. (Enacted 1990) Cap 113 s 7 Resources of the Authority, etc. PART III FINANCIAL PROVISIONS (1) The resources of the Authority shall consist of- (a) all money- (i) paid by the Government to the Authority and appropriated for that purpose by the Legislative Council; and (ii) otherwise provided to the Authority by the Government; and(b) all other money and property, including gifts, donations, fees, rent, interest and accumulations of income received by the Authority.(2) The Secretary for Financial Services and the Treasury may give directions in writing of a general or specific character to the Authority in relation to the amount of money which may be expended by the Authority in any financial year and the Authority shall comply with those directions. (Amended L.N. 106 of 2002) (Enacted 1990) Cap 113 s 8 Borrowing powers (1) Subject to subsection (2), the Authority may borrow by way of overdraft such money as it may require for meeting its obligations or performing its functions under this Ordinance. (2) The Secretary for Health, Welfare and Food may give directions in writing of a general or specific character to the Authority in relation to the amount of money which may be borrowed under subsection (1) and the Authority shall comply with those directions. (Amended L.N. 106 of 2002) (3) The Authority may with the approval of the Secretary for Health, Welfare and Food borrow, otherwise than by way of overdraft, such money as it may require for meeting its obligations or performing its functions under this Ordinance. (Amended L.N. 106 of 2002) (4) A person lending money to the Authority shall not be concerned to inquire whether the borrowing of the money is legal or regular or whether the money raised has been properly applied and shall not be prejudiced by any illegality or irregularity or by misapplication or non-application of the money. (Enacted 1990) Cap 113 s 9 Investment of surplus funds (1) Subject to subsection (2), the Authority may invest money that is not immediately required. (2) The Authority shall not invest money pursuant to subsection (1) except in such forms of investment as the Secretary for Health, Welfare and Food approves. (Amended L.N. 106 of 2002) (Enacted 1990) Cap 113 s 10 Accounts, audit and annual report of the Authority (1) The Authority shall keep or cause to be kept proper accounts and proper records in relation to the accounts in respect of- (a) the Authority; and (b) the public hospitals.(2) The Authority shall, as soon as practicable after the expiry of a financial year, prepare a consolidated statement of the accounts of- (a) the Authority; and (b) the public hospitals,which statement shall include an income and expenditure account and a balance sheet. (3) The Authority shall appoint an auditor who shall, as soon as practicable, audit the accounts required under subsection (1) and the statement of accounts required under subsection (2) and shall submit a report on the statement to the Authority. (4) The Authority shall, as soon as practicable and in any case not later than 9 months after the expiry of a financial year (or such further period as the Secretary for Health, Welfare and Food allows), furnish- (Amended L.N. 106 of 2002) (a) a report on the activities of the Authority for that year; (b) a copy of the statement of accounts required under subsection (2) for that year; and (c) the auditor's report on the statement,to the Secretary for Health, Welfare and Food who shall cause the same to be tabled in the Legislative Council. (Amended L.N. 106 of 2002) (Enacted 1990) Cap 113 s 11 Director of Audit's examination (1) The Director of Audit may, in respect of any financial year, conduct an examination into the economy and efficiency with which the Authority has expended its resources in performing its functions and exercising its powers. (2) Subject to subsection (3), the Director of Audit shall have a right of access at all reasonable times to all such documents as he may reasonably require for conducting an examination under this section and shall be entitled to require from any person holding or being accountable for any such document such information and explanation as he considers reasonably necessary for that purpose. |