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[接上页] (5) The Authority may, subject to any directions given to it under subsection (6), give directions in writing of a general or specific character to a Hospital Governing Committee in relation to the exercise of its power under subsection (1) or (3), or the performance of its duty under subsection (4), and the Hospital Governing Committee shall comply with those directions. (6) 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 exercise of its power under subsection (2), (3) or (5), or the performance of its duty under subsection (4), and the Authority shall comply with those directions. (Amended L.N. 106 of 2002) (Enacted 1990) Cap 113 s 19 Governing body of prescribed hospital specified in Schedule 2 may enter into agreement referred to in section 5(a), etc. Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The governing body, by whatever name called, of a prescribed hospital specified in Schedule 2 may, notwithstanding the provisions of any specified document applicable to the governing body or prescribed hospital, enter into, and carry out, an agreement referred to in section 5(a) to such extent, and subject to such terms and conditions, as are agreed between the governing body and the Authority. (2) Where the governing body, by whatever name called, of a prescribed hospital specified in Schedule 2 enters into an agreement referred to in section 5(a)- (a) the provisions of any specified document applicable to the governing body or the prescribed hospital shall not apply to- (i) the governing body; (ii) the prescribed hospital; (iii) the Authority; or (iv) any other person specified by the Chief Executive, by notice in the Gazette, for the purposes of this section, (Amended 60 of 2000 s. 3) to the extent that the provisions of any such specified document are inconsistent with the provisions of that agreement or this Ordinance; and(b) the governing body may, at the same time as it enters into that agreement, or subsequently, and notwithstanding the provisions of any specified document applicable to the governing body or prescribed hospital, assign to the Authority, with the acceptance of the Authority, any contract, agreement or other obligation entered into by the governing body in relation to the prescribed hospital.(3) In this section, "specified document" (指明文件) means- (a) any enactment other than this Ordinance; (b) any articles, or memorandum, within the meaning of the Companies Ordinance (Cap 32); or (c) any constitution or rules. (Enacted 1990) Cap 113 s 20 Amendment of Schedules 1, 2 and 3 Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 The Chief Executive may by order amend Schedule 1, 2 or 3 but any order to amend Schedule 3 shall be subject to the approval of the Legislative Council. (Enacted 1990. Amended 60 of 2000 s. 3) Cap 113 s 21 Bylaws (1) The Authority may make bylaws not inconsistent with this Ordinance regulating the conduct of persons within any specified property. (2) Without prejudice to the generality of bylaws which may be made under subsection (1), such bylaws may provide for all or any of the following- (a) the control of trading and advertising in any specified property; (b) the preservation of good order in any specified property; (c) the prevention of nuisances in any specified property; and (d) the eviction of trespassers from any specified property.(3) The following provisions shall apply in relation to bylaws made under this section- (a) any bylaw so made may provide that a contravention of specified provisions shall be an offence and may prescribe penalties not exceeding a fine of $2000 and imprisonment for 3 months for the offence; (b) without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions under any bylaw so made may be brought in the name of the Authority; (Amended L.N. 362 of 1997) (c) the Authority shall cause to be printed copies of all of its bylaws which shall be kept at its principal office and at each public hospital and be available for sale to any person at a reasonable cost.(4) For the purposes of this section, "specified property" (指明物业) means- (a) any public hospital; and (b) any other property- (i) the management and control of which have been vested in the Authority under an agreement referred to in section 5(a); and (ii) specified in bylaws made under this section as being property to which such bylaws shall apply. (Enacted 1990) Cap 113 s 22 Public hospitals to be public places, etc. (1) Each public hospital shall be deemed to be a public place for the purposes of the Summary Offences Ordinance (Cap 228) and the Public Order Ordinance (Cap 245). (2) For the purposes of the Road Traffic (Parking on Private Roads) Regulations (Cap 374 sub. leg.), the Authority shall be deemed to be the owner, within the meaning of the Road Traffic Ordinance (Cap 374), of each private road, within the meaning of that Ordinance, comprised within the boundaries of a public hospital. |