【法规名称】
【法规编号】 68775 什么是编号？
【正 文】
第10页 CAP 483 AIRPORT AUTHORITY ORDINANCE
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[接上页] (4) This section applies to any expenditure incurred directly or indirectly by the Government on, or in relation to, the Airport, or the Provisional Airport Authority during the period beginning on 1 November 1989, and ending on a day specified in a direction in writing given for the purposes of this subsection by the Financial Secretary. (Enacted 1995) Cap 483 s 25 Investment Funds of the Authority which are available for the time being for investment (otherwise than in the performance of a function conferred on the Authority by or under section 5, 7 or 30) may be invested in such classes or descriptions of investment as the Financial Secretary may in writing specify. (Enacted 1995) Cap 483 s 26 Dividends; profits (1) The Authority may declare and pay into the general revenue dividends on shares issued to the Government under section 23(3). (2) The Financial Secretary may, after consultation with the Authority and having had regard to the financial position of the Authority and its subsidiaries (if any) and to such other matters as he considers relevant in the circumstances, direct the Authority- (a) to declare and pay to the general revenue a dividend of an amount specified by him; and (b) to take such steps as are within the power of the Authority to procure the declaration and payment to the Authority by a subsidiary specified in the direction of a dividend of an amount or rate so specified.(3) A direction given by the Financial Secretary under subsection (2) may not require the Authority- (a) to declare or pay a dividend otherwise than out of the profits of the Authority which would be available for distribution were the Authority a company; or (b) to procure the declaration and payment of a dividend by a subsidiary otherwise than in accordance with the laws applying to it.(4) Where a direction is given under this section, the Authority shall comply with the direction and such a direction may require the moneys payable on account of the relevant dividend to be paid within a period and in a manner so specified in the direction. (Enacted 1995) Cap 483 s 27 Reserve funds (1) Subject to subsection (2), the Authority may establish and maintain general and special reserve funds and credit thereto such sums as it thinks fit and make such disbursements therefrom as are consistent with this Ordinance. (2) (a) Where the Authority proposes to establish a general or special reserve fund it shall only do so with the prior approval of the Financial Secretary. (b) Subject to subsection (3), where the Financial Secretary, after consultation with the Authority and having had regard to the matters he is required to have regard to by section 26(2), so directs, the Authority shall - (i) carry the whole of the profits to which this subsection applies, or such part thereof as is specified in the direction, to the credit of such special reserve fund as is so specified; or (ii) pay to the general revenue the whole of any sum, or such part thereof as is so specified, being a sum standing to the credit of the reserve fund referred to in subparagraph (i).(3) Notwithstanding anything contained in this Ordinance or in any other enactment, at the Authority's request the Financial Secretary may give an undertaking to, or make an agreement with, any person whereby the powers conferred under subsection (2)(b) or either of those powers shall not be exercisable in circumstances specified in the undertaking or agreement. (4) Subsection (2) applies to profits of the Authority which would be available for distribution were the Authority a company. (Enacted 1995) Cap 483 s 28 Borrowings, etc. Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Subject to subsections (3) and (4), the Authority may, in such manner and on such terms and conditions as it thinks fit, borrow or otherwise raise money (including money in a currency other than the currency of Hong Kong). (2) Subject to subsection (4) and to section 23(5), the Authority may create and issue, either in the currency of Hong Kong or in any other currency, bonds, notes or other securities, or negotiable instruments. (3) The powers conferred by this section may only be exercised to provide the Authority with such sums or credits as it may require for - (a) performing the functions conferred on it by this Ordinance; (b) repaying, or facilitating the repayment of, money previously borrowed or otherwise raised by it and paying any interest on or any premium or other charge or incidental expense arising as regards such money; or (c) paying any money recoverable under section 29(7).(4) (a) The Chief Executive may issue a direction in writing given for the purposes of this section and directing the Authority not to borrow any sum (or its equivalent in a currency other than the currency of Hong Kong) which exceeds an amount specified in the direction without the prior written consent of the Financial Secretary. (Amended 36 of 1999 s. 3) (b) For so long as a direction under this subsection is in force the Authority shall comply with it.(5) Where a security or a negotiable instrument is created or issued by the Authority or such a security or instrument is transferred or assigned from one person to another, nothing in this or any other Ordinance or law shall be construed as requiring the Authority to supply a certificate or other document, or any other material thing, for such creation, issue, transfer or assignment to be effective. |
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