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[接上页] (Enacted 1995) Cap 483 s 9 Delegation and sub-delegation of Authority's functions (1) Subject to subsection (3), the Authority may delegate any of the Authority's functions, other than a function specified in subsection (7)- (Amended 32 of 2000 s. 48) (a) to any member or employee (including the Chief Executive Officer) of the Authority or any committee (including the Audit Committee) or any subsidiary; and (b) if, but only if, it has the Financial Secretary's prior written consent, to any other person.(2) (a) Subject to paragraph (c), a delegation under this section shall not prevent the concurrent performance by the Authority of the function delegated. (b) In addition to the matters covered by paragraph (c), a delegation under this section may contain terms and conditions relating to the performance of the function delegated. (c) Subject to obtaining the prior approval of the Financial Secretary, a delegation under this section may also contain both of the following- (i) a provision providing that the function to which it relates shall not be concurrently performable by the Authority; and (ii) a provision specifying the circumstances in which the delegation shall be irrevocable.(d) The Financial Secretary may require the Authority to revoke a delegation under this section, other than a delegation in respect of which he has given an approval under paragraph (c), and the Authority shall comply with any such requirement. (e) Subject to paragraph (d), the Authority may, subject to any provision included pursuant to paragraph (c)(ii), revoke a delegation under this section.(3) (a) The Financial Secretary may by a direction in writing given for the purposes of this subsection require the Authority not to delegate any 1 or more of its functions under this Ordinance and specified in the direction except with his prior consent. (b) For so long as a direction under this subsection is in force the Authority shall comply with it.(4) A delegation as regards which a power under subsection (2)(c) has been exercised shall only be amended by the Authority with the agreement of the Financial Secretary. (5) (a) Where the Authority makes a delegation under this section, it may at any time authorize the person to whom the delegation is made to sub-delegate the function delegated and, if the Authority thinks fit, authorize the further sub-delegation of such function to the extent specified in the authorization. (b) Such an authorization may contain restrictions or conditions as regards the exercise of the power to sub-delegate or, where appropriate, further sub-delegate under the authorization.(6) Where a person purports to act pursuant to a delegation or sub-delegation under this section, he shall be presumed, until the contrary is shown, to be acting in accordance with the terms of the delegation or sub-delegation. (7) The functions which the Authority may not delegate under subsection (1) are- (a) the power to delegate conferred by subsection (1); (b) the power to form or acquire a subsidiary; (c) the power to acquire or dispose of shares in a subsidiary; (d) a power conferred by section 35 or 36.(8) (Repealed 32 of 2000 s. 48) (Enacted 1995) Cap 483 s 10 Authority may establish committees (1) Apart from the Audit Committee, the Authority may establish standing or other committees and, in addition to the powers conferred on it by section 9, may refer or assign any matter for consideration or inquiry by the committee. (2) (a) A committee shall consist of such number of members as the Authority shall determine. (b) Each of the members of a committee shall be appointed by the Authority. (c) Subject to paragraph (d), the Authority may appoint a member of the Authority or a person who is not such a member to be a member of a committee. (d) Where a committee is established, the Authority shall appoint a member of the Authority to be that committee's chairman. (e) The term of office of a member of a committee (including its chairman) shall be fixed by the Authority at the time of his appointment.(3) Any reference or assignment under subsection (1) and every appointment under subsection (2) may be withdrawn or revoked by the Authority, and no such reference or assignment shall prevent or restrict the concurrent performance by the Authority of any of its functions. (4) Subject to subsection (5), a committee may regulate its own procedure and business. (5) Where a function is delegated for the time being under section 9 to a committee, the function shall be performed by the committee if, and only if, at the relevant time the person presiding at the committee's meeting is a member of the Authority. (Enacted 1995) Cap 483 s 11 Terms of office of Authority's members, meetings, etc. Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) Subject to subsection (3), the term of office of a person appointed to be the Chairman shall be fixed by the Chief Executive when making the appointment. (Amended 36 of 1999 s. 3) |