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An Ordinance to provide for the establishment and the functions of the Hong Kong Arts Development Council as a body corporate for the purpose of the development of the arts in Hong Kong. (Enacted 1995) [1 June 1995] (Originally 26 of 1995) Cap 472 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as the Hong Kong Arts Development Council Ordinance. (2) (Omitted as spent) (Enacted 1995) Cap 472 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "auditor" (核数师) means a certified public accountant (practising) within the meaning of section 2 of the Professional Accountants Ordinance (Cap 50); (Amended 23 of 2004 s. 56) "Chairman" (主席) means the Chairman of the Council appointed by the Chief Executive under section 3(3) or any person appointed to act in his place under the Schedule; (Amended 59 of 2000 s. 3) "committee" (委员会) means any committee or subcommittee established by the Council under the Schedule; "Council" (发展局) means the Hong Kong Arts Development Council established under section 3(1); "executive officer" (执行干事) means the person appointed as the executive officer under section 6(1); "member" (成员) means an appointed or ex officio member of the Council under section 3(3); "Vice-chairman" (副主席) means the Vice-chairman of the Council appointed under section 3(3). (Enacted 1995) Cap 472 s 3 Establishment of the Council PART II ESTABLISHMENT OF THE HONG KONG ARTS DEVELOPMENT COUNCIL (1) There is established a body corporate called the Hong Kong Arts Development Council. (2) The Council may sue and be sued. (3) The Council shall consist of- (a) a Chairman, a Vice-chairman and not more than 22 other members, each of whom shall be appointed by the Chief Executive for a term not exceeding 3 years; (Amended 9 of 2000 s. 2; 59 of 2000 s. 3) (b)-(c) (Repealed 78 of 1999 s. 7) (d) the Secretary for Home Affairs or his representative; (Amended L.N. 372 of 1996; L.N. 362 of 1997; L.N. 192 of 1998; L.N. 206 of 1998; 9 of 2000 s. 2) (e) the Permanent Secretary for Education and Manpower or his representative; and (Amended 9 of 2000 s. 2; 3 of 2003 s. 41) (f) the Director of Leisure and Cultural Services or his representative. (Added 9 of 2000 s. 2)(4) The other members referred to in subsection (3)(a) may include up to 10 persons nominated by organizations or groups of organizations specified under subsection (5), and each such organization or group of organizations may nominate for this purpose not more than 1 person for each of the interests represented by that organization or group of organizations, and each such person shall, in the opinion of the Chief Executive, be experienced in the interest for which he has been nominated. (Amended 9 of 2000 s. 2; 59 of 2000 s. 3) (5) The Chief Executive may by notice in the Gazette specify for the purposes of subsection (4) up to 10 organizations or groups of organizations each of which shall, in the opinion of the Chief Executive, be representative of one or more of the following interests- (Amended 9 of 2000 s. 2; 59 of 2000 s. 3) (a) literary arts; (b) music; (c) dance; (d) drama; (e) visual arts; (f) film arts; (g) arts administration; (h) arts education; (i) arts criticism; (Amended 9 of 2000 s. 2) (j) Chinese opera (Xiqu). (Added 9 of 2000 s. 2)(6) The following persons are not eligible for appointment by the Chief Executive under subsection (3)(a) or nomination under subsection (4)- (Amended 59 of 2000 s. 3) (a) a person who holds an established or non-established office, as defined in section 2(1) of the Pension Benefits Ordinance (Cap 99); (b) a person who holds a judicial office as defined in section 2 of the Public Service Commission Ordinance (Cap 93); (c) the Chairman of the Public Service Commissioner; (d) the Commissioner, Deputy Commissioner and officers of the Independent Commission Against Corruption; (e) the Commissioner for Administrative Complaints and his staff; (f) a person who is employed by The Legislative Council Commission; (Amended 78 of 1999 s. 7) (g) a person who is serving as an officer or member of any armed forces; (h) a person who is a salaried functionary of a government, whether central or local, of any place outside Hong Kong; (i) a person who is an undischarged bankrupt or, within the previous 5 years, has either obtained his discharge in bankruptcy or has entered into a composition with his creditors, in either case without paying his creditors in full; (j) a person who is the subject of a decision under the Mental Health Ordinance (Cap 136) that he is of unsound mind and incapable of managing himself and his affairs and who has not subsequently under that Ordinance been found to have ceased to be of unsound mind; (k) a person who has in Hong Kong or any other territory or country been sentenced to death or imprisonment (by whatever name called) for a term exceeding 3 months and has not either suffered the punishment to which he was sentenced or such other punishment as may by competent authority have been substituted or received a free pardon; |