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[接上页] (b) (i) References in this Ordinance to the Authority shall, where appropriate, be construed as including references to the Board. (ii) Where the context admits, references in this Ordinance to the Chairman include references to a person who for the time being is acting pursuant to section 3(4)(c) and to a person to whom a designation under section 3(5)(a) relates. (iii) Subparagraph (ii) shall not be construed as requiring a person referred to in that subparagraph to be a Hong Kong permanent resident within the meaning of the Immigration Ordinance (Cap 115).(3) For the avoidance of doubt it is hereby declared that references in this Ordinance other than section 35 or 39 to the Chief Secretary for Administration are references only to the person who for the time being holds the office of Chief Secretary for Administration and Parts VI and VIII of the Interpretation and General Clauses Ordinance (Cap 1) shall be construed accordingly. (Amended L.N. 362 of 1997) (Enacted 1995) Cap 483 s 3 The Airport Authority and its constitution; Chairman's functions Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 PART II THE AIRPORT AUTHORITY (1) Notwithstanding section 50, the body corporate established by section 3(1) of the repealed Ordinance shall continue in being and shall also continue to have power to sue and continue to be suable in its corporate name but henceforth it shall be known in the English language as the Airport Authority and in the Chinese language as "机场管理局". (2) (a) The Authority shall continue to provide itself with a seal. (b) The seal of the Authority shall continue to be authenticated in such manner as the Authority determines.(3) (a) The Authority shall consist of a Chairman who shall be a Hong Kong permanent resident within the meaning of the Immigration Ordinance (Cap 115), the Chief Executive Officer who shall be a member ex officio and such number of other members, being neither less than 8 nor more than 15, as shall be determined for the time being by the Chief Executive; provided that the number of members of the Authority who are public officers shall not at any time exceed the number of such members who are not public officers. (b) Where the number of members of the Authority (other than the Chairman and the Chief Executive Officer) falls below the minimum number required for the time being, the Chief Executive shall make such appointment or appointments as may be necessary to comply with that requirement. (c) Subject to paragraph (a), the Chairman and the other members of the Authority shall each be appointed by the Chief Executive. (d) Without affecting the generality of paragraph (c) but subject to paragraph (a), the Chairman and other members of the Authority may be appointed from among persons who appear to the Chief Executive to have had wide experience in air or other forms of transport, industry, or in commercial, financial, consumer or labour matters, or in administration. (Amended 36 of 1999 s. 3)(4) (a) The Chief Executive may appoint a person who is a member of the Authority (and who is not for the time being also the Chairman) to be a vice-chairman of the Authority. (b) If a person to whom an appointment under paragraph (a) relates ceases to be a member of the Authority he shall at the same time cease to be a Vice-Chairman. (c) If for the time being the Chairman is absent from Hong Kong or is unable to act as chairman for any other reason, any Vice-Chairman who is specified for the time being for the purposes of this paragraph by the Chief Executive may act in his place. (Amended 36 of 1999 s. 3)(5) (a) If for the time being there is no Vice-Chairman or, because of absence from Hong Kong or otherwise, no Vice-Chairman is able to act as chairman of the Authority, the Chief Executive may designate any member to preside at meetings of the Authority and otherwise act as its chairman during any period in which the Chairman is absent from Hong Kong or is otherwise unable so to preside or otherwise act. (b) A designation under this subsection shall cease when revoked by the Chief Executive or an appointment is subsequently made under subsection (4)(a), whichever first occurs. (Amended 36 of 1999 s. 3)(6) (a) Subject to the provisions of this Ordinance, it shall be a function of the Chairman generally to perform and to carry out in relation to the Authority such duties and responsibilities as pertain or as are appropriate to the office of a chairman (including calling and presiding at meetings of the Board). (b) Without prejudice to the generality of paragraph (a), the Chairman shall- (i) consider the Authority's management affairs, particularly its policy and external affairs; and (ii) with the approval of the Board assign functions to the Chief Executive Officer.(7) Notwithstanding subsection (1), each of the persons who on the day immediately preceding that on which this Ordinance commences was, by virtue of the repealed Ordinance, a member of the Provisional Airport Authority shall be deemed to have ceased to be a member of that authority immediately before such commencement. |