【法规名称】
【法规编号】 68775 什么是编号？
【正 文】
第11页 CAP 483 AIRPORT AUTHORITY ORDINANCE
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[接上页] (6) In exercising the powers conferred on it by section 7 the Authority may acquire property under an agreement providing for the payment of the whole or part of the purchase price by instalments. (Enacted 1995) Cap 483 s 29 Guarantees etc. by Government (1) (a) The Legislative Council or its Finance Committee may from time to time by a resolution ("an authorizing resolution") authorize the Financial Secretary to give, issue or make undertakings, guarantees and other agreements which relate to any or all of the following, namely, the financial affairs of the Authority or a subsidiary and the due discharge or due performance, or the fulfilment, by the Authority or a subsidiary of any liability or obligation of the Authority or a subsidiary. (b) An authorizing resolution shall continue in being unless and until the Legislative Council or, where appropriate, its Finance Committee resolves that it shall no longer so continue. (c) Any resolution under this section shall be proposed by the Financial Secretary.(2) (a) An authorizing resolution may require a particular undertaking, guarantee or other agreement referred to in subsection (1)(a), or any class or description of such undertakings, guarantees or other agreements specified in the resolution, to be given, issued, or made on terms (including terms permitting amendment) or conditions specified in the resolution. (b) The Interpretation and General Clauses Ordinance (Cap 1) shall, in its application to a resolution under this section, be construed and have effect subject to the provisions of this section.(3) (a) Where authorized pursuant to subsection (1)(a), the Financial Secretary may (on behalf of the Government) give, issue or make an undertaking, guarantee or other agreement to which an authorizing resolution relates. (b) An undertaking, guarantee or other agreement referred to in paragraph (a) shall, subject to any requirement made pursuant to subsection (2)(a), contain such terms and conditions as the Financial Secretary thinks fit, and in addition to the foregoing and notwithstanding any inconsistency with this Ordinance or any other law of Hong Kong but subject to paragraph (c), any such undertaking, guarantee or other agreement may contain provisions - (i) limiting, regulating or otherwise affecting the performance by the Government or any public officer of any function (whether statutory or otherwise) performable by it or him and whether conferred on it or him by this Ordinance or otherwise; (ii) limiting, regulating or otherwise affecting the exercise of any discretion which is exercisable in relation to a function referred to in subparagraph (i); (iii) enabling the Financial Secretary (or any other public officer) to do or refrain from doing any act or thing which is specified in the provision and which, were the provision not made, he would be unable to do or, where appropriate, refrain from doing.(c) Paragraph (b) shall not be construed as enabling an undertaking, guarantee or other agreement to which it applies to contain a provision which either affects any criminal liability (whether extant or not) or in any other manner amends, whether expressly or by implication, the criminal law of Hong Kong.(4) Where the Legislative Council or its Finance Committee passes a resolution in exercise of the power conferred on it by subsection (1)(b), such resolution shall neither prejudice the validity of anything done pursuant to or under any undertaking, guarantee or other agreement the giving, issue or making of which was authorized by the relevant authorizing resolution nor shall it otherwise operate to affect in any other manner any undertaking, guarantee or other agreement so authorized and, accordingly, every such undertaking, guarantee or other agreement shall continue to have full force and effect. (5) Any sum required to fulfil or implement an undertaking, guarantee or other agreement under this section shall be charged on and paid out of the general revenue and any sum received by the Government in repayment of a sum so paid out, or for interest thereon, shall be paid into the general revenue. (6) Where money in a currency other than the currency of Hong Kong is payable under or pursuant to an undertaking, guarantee or other agreement under this section, the equivalent in the currency of Hong Kong of that money shall be the amount of Hong Kong currency needed for the purchase by or on behalf of the Government of the requisite non-Hong Kong currency. (7) Where moneys are paid under or pursuant to an undertaking, guarantee or other agreement under this section and are required to be repaid, the Financial Secretary may, to the extent that the following are not provided for in the undertaking, guarantee or other agreement, direct that the moneys shall be repaid at such times and in such instalments as the direction specifies (with, if the Financial Secretary directs, interest thereon at such rate or rates as the direction specifies). (8) The provisions of this section are in addition to, and are not to be construed as affecting, the provisions of section 30. |
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