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[接上页] (9) Where legal proceedings are instituted on account of an undertaking, guarantee or other agreement given, issued or made pursuant to this section, the Secretary for Justice may be named or joined as a party to the proceedings. (Amended L.N. 362 of 1997) (Enacted 1995) Cap 483 s 30 Power to hedge, etc. (1) The Authority may enter into any contract or other agreement, transaction or arrangement in connection with its financial affairs. (2) Without affecting the generality of subsection (1), a contract or other agreement or a transaction or arrangement referred to in that subsection may have as its object or purpose the elimination, amelioration, alleviation, reduction, counterbalancing, or covering in any other manner or making any other provision regarding, all or any of the consequences arising for the Authority from any 1 or more of the following, namely, the burden of interest, either arising for the Authority on its borrowings or so arising in relation to obtaining goods or services, changes in interest rates or currency values or exchange rates or any financial risk apart from the foregoing to which the Authority is, or may be, exposed. (3) Any currency to which a contract, or other agreement, or a transaction or arrangement referred to in subsection (1) relates may be a currency other than that of Hong Kong. (Enacted 1995) Cap 483 s 31 Audit Committee (1) There is hereby established a committee to be known as the Airport Authority Audit Committee. (2) (a) The Audit Committee shall consist of such number of members, not being less than 3, as the Authority shall determine. (b) The members of the Audit Committee shall be appointed by the Authority but neither the Chief Executive Officer nor any other employee of the Authority shall be so appointed. (c) The chairman of the Audit Committee shall be appointed by, and shall be a member of, the Authority. (d) The term of office of a member of the Audit Committee (including its chairman) shall be fixed by the Authority at the time of his appointment.(3) The Audit Committee shall hold so many meetings as are required to enable it to perform its functions. (4) The functions of the Audit Committee are- (a) to consider such matters relating either to the financial affairs of the Authority or to audits generally under section 32(3) or a particular such audit, as the Audit Committee considers necessary or desirable; (b) to consider any matter (whether financial or otherwise, including audits under section 32(3) or a particular such audit) referred to it by the Authority for consideration; and (c) such other functions (if any) as are delegated to it under section 9.(5) The Audit Committee may regulate its own procedure and business. (Enacted 1995) Cap 483 s 32 Accounts and audits; Authority's report Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) (a) The Authority shall keep proper accounts and records of its transactions and shall within 4 months after the expiry of a particular financial year, or such longer period as the Financial Secretary may allow, prepare a statement of accounts. (b) A statement of accounts referred to in paragraph (a) shall include a profit and loss account for the financial year to which it relates, a cash flow statement as regards that financial year and also a balance sheet as on the last day of that financial year. (c) Where, as regards a particular financial year, there are for the time being 1 or more subsidiaries, a statement of accounts prepared pursuant to paragraph (a) shall include group accounts relating to the Authority and that or those subsidiaries.(2) A statement of accounts referred to in subsection (1)(a) shall give a true and fair view of each of the following, namely, the state of affairs of the Authority as at the end of the financial year to which the statement relates, its profit or loss and its cash flows for that financial year. (3) A statement of accounts referred to in subsection (1)(a) shall be audited by an auditor who shall make a written report thereon to the Authority. (4) (a) Subject to paragraph (b), the auditor by whom an audit required by subsection (3) is to be carried out shall be appointed by the Authority and any such appointment shall be subject to the Chief Executive's approval. (Amended 36 of 1999 s. 3) (b) A person appointed under paragraph (a) shall not be- (i) a member or employee of the Authority; (ii) a member of the Audit Committee; (iii) a partnership of which any of the partners is either such a member or such an employee; or (iv) a company of which any of the directors is either such a member or such an employee.(c) The reference in paragraph (b) to a person shall not be construed as referring only to an individual. (d) Nothing in this subsection shall be construed as affecting section 29(2) of the Professional Accountants Ordinance (Cap 50).(5) The Authority shall within 2 months of the receipt by it of the auditor's report in respect of its accounts for a particular financial year, or such longer period as the Financial Secretary may allow, furnish to the Financial Secretary- |