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[接上页] (Enacted 1995) Cap 483 s 4 The Board (1) Subject to the provisions of this Ordinance, the affairs of the Authority shall be under the care and management of a board whose functions shall comprise such care and management. (2) The Board shall consist, and consist only, of the persons who for the time being comprise the Authority and in relation to the Board those persons are referred to in this Ordinance as members of the Board. (3) (a) Every decision or other act of or omission by the Board shall be treated for all purposes as being a decision, act or omission of the Authority. (b) Without affecting the generality of paragraph (a) and for the avoidance of doubt, it is hereby declared that where a direction is given under this Ordinance to the Authority, the Board shall consider the direction and anything done or omitted to be done by the Board, having considered such a direction, shall for all purposes be regarded as having been done or omitted by the Authority. (Enacted 1995) Cap 483 s 5 Purposes of Authority Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) (a) The Authority shall, in accordance with this Ordinance and also in accordance with the objective of maintaining Hong Kong's status as a centre of international and regional aviation, provide, operate (in accordance with any law in that regard which is for the time being in force), develop and maintain, at and in the vicinity of Chek Lap Kok, an airport for civil aviation. (b) The Authority may provide, at, as regards or in relation to the Airport (or any part thereof), such facilities, amenities or services as are, in its opinion, requisite or expedient.(2) In addition to performing the functions assigned by subsection (1), the Authority may engage in or carry on any airport-related activity in trade, commerce or industry at or from any 1 or more places in the Leased Area. (3) (a) In addition to the activities which it may engage in or carry on under subsection (2), the Authority may also engage in or carry on such airport-related activities as the Chief Executive may, after consultation with the Authority, permit or assign to it by order published in the Gazette. (Amended 36 of 1999 s. 3) (b) An order under this subsection may- (i) provide that all or any 1 or more of the activities specified in the order may be engaged in or carried on by the Authority either at or from any place whatever or at or from any place specified in the order; (ii) contain conditions restricting or otherwise regulating, or otherwise relating to, an activity to which the order relates. (Enacted 1995) Cap 483 s 6 Commercial principles; operational objectives (1) Subject to the other provisions of this Ordinance, the Authority shall conduct its business according to prudent commercial principles and shall, as far as practicable, ensure that, taking one year with another, its revenue is at least sufficient to meet its expenditure. (2) The Authority shall, in conducting its business or in otherwise performing its functions, have regard to safety, security, economy and operational efficiency and the safe and efficient movement of aircraft, air passengers and air cargo. (Enacted 1995) Cap 483 s 7 General powers etc. of Authority (1) The Authority shall have power to do anything which is requisite or expedient for, or is calculated to facilitate, or is conducive or incidental to, the performance of any of its functions and which is not inconsistent with any other provision of this Ordinance or any subsidiary legislation thereunder which is for the time being in force. (2) Without affecting the generality of subsection (1), the Authority may- (a) acquire, hold and dispose of all kinds of property including land; (b) grant leases of land; (c) make a contract or other agreement (including a contract of indemnity and an agreement whereby the Authority guarantees the performance or discharge by another person or persons of an obligation or other liability, whether actual or potential, of that person or those persons); (d) charge or otherwise encumber all or any part of its land or other property; (e) either solely or jointly with another person or persons improve, develop or alter any land held by it; (f) either solely or jointly with another person or persons engage in or carry on any airport-related activity; (g) employ an agent or contractor; (h) either solely or jointly with another person or persons carry out or execute works; (i) subject to section 34 where applicable, determine the amount of charges and fees.(3) The Authority shall take all reasonable steps to ensure that a subsidiary does not engage in or carry on any activity which the Authority might not itself lawfully engage in or carry on. (Enacted 1995) Cap 483 s 8 Limitation etc. Nothing in this Ordinance shall be construed as enabling the Authority to- (a) establish or operate either a meteorological service or an air traffic control service; or (b) make any air service agreement or air service arrangement with the government of any country or territory outside Hong Kong, with a department or branch of any such government, with any government agency or undertaking in such a country or territory or with any other person. |