【法规名称】
【法规编号】 68775 什么是编号？
【正 文】
第9页 CAP 483 AIRPORT AUTHORITY ORDINANCE
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[接上页] (4) A direction under this section shall remain in force until the Director notifies the Authority in writing of its withdrawal. (5) The Authority shall comply with the requirements of a direction under this section for so long as it remains in force and pending the taking, determination or withdrawal of an appeal (if any) in relation thereto, the Authority shall so comply. (6) Where a direction is given under subsection (1), the question whether the direction was appropriate in order to discharge or facilitate the discharge of an international obligation to which the Director had regard in giving the direction shall not be raised in any legal proceedings. (7) (a) Subject to paragraphs (b) and (c), the Authority may appeal to the Chief Secretary for Administration against the giving of a direction under this section. (Amended L.N. 362 of 1997) (b) The grounds on which an appeal under this subsection as regards a direction under subsection (1) may be made include the grounds that all or any 1 or more of the direction's provisions are unreasonable. (c) An appeal under this subsection as regards a direction under subsection (2) may be made only on the grounds that all or any 1 or more of the direction's provisions are unreasonable. (d) Where the Chief Secretary for Administration allows an appeal under this subsection on the grounds of unreasonableness, he may amend the direction to which the appeal relates in such manner as he considers appropriate. (Amended L.N. 362 of 1997)(8) Subject to subsection (9), where a direction is given under this section, the Financial Secretary may, having regard to the cost (including loss) to the Authority of complying with the direction, in his absolute discretion, direct that an ex gratia payment, of such amount as he shall determine, be made to the Authority. (9) Section 20(3) applies with the necessary modifications to an application for an ex gratia payment under this section. (Enacted 1995) Cap 483 s 22 Times of emergency or public danger For the avoidance of doubt nothing in this Ordinance shall be construed as affecting any provision of the Emergency Regulations Ordinance (Cap 241) or the Emergency Powers (Extension and Amendment Incorporation) Ordinance (Cap 251). (Enacted 1995) Cap 483 s 23 Capital of Authority PART IV FINANCIAL (1) The initial authorized share capital of the Authority is $36648 million divided into 366480 shares of $100000 each. (Amended 10 of 2004 s. 2) (2) The Financial Secretary may, after consulting the Authority, increase the capital of the Authority to an amount specified in an order published for the purposes of this subsection in the Gazette. (3) (a) Subject to paragraph (b), the Authority shall issue at par to the Government such number of shares as the Financial Secretary shall from time to time direct. (b) Where the notice referred to in section 24(2)(b) is received by the Authority, the Authority shall issue at par to the Government such number of shares as is appropriate having regard to the amount specified in the notice.(4) Where the Authority issues shares in accordance with subsection (3)(b) such issue shall operate to discharge the whole of the indebtedness created by section 24(1). (5) The Authority shall not issue shares otherwise than under this section. (6) The Legislative Council may, on the recommendation of the Financial Secretary made after he has consulted the Authority, by resolution provide for a reduction of the capital of the Authority in any way to an amount specified in the resolution. (Added 10 of 2004 s. 2) (7) A resolution made under subsection (6) may provide for matters ancillary to the matter specified in that subsection and, without limiting the generality of the foregoing, may provide— (a) for the distribution to the Government of the amount by which the capital is so reduced, and for the form and manner in which that distribution shall be effected; (b) where a distribution mentioned in paragraph (a) is in the form of non-cash assets, for the substitution of the Government for the Authority in any contract relating to such assets; (c) for the manner in which any amount received by the Government by way of a distribution mentioned in paragraph (a) shall be accounted for in the books of the Government; and (d) for the cancellation of any shares issued under this section. (Added 10 of 2004 s. 2) (Enacted 1995) Cap 483 s 24 Initial debt (1) Subject to section 23(4), the Authority shall be indebted to the Government as regards the aggregate of the items of expenditure each of which is expenditure to which this section applies. (2) The following provisions shall apply as regards the indebtedness created by subsection (1)- (a) as regards expenditure to which this section applies the Financial Secretary- (i) shall ascertain the amount of the expenditure in such manner as he shall consider appropriate; and (ii) having ascertained the amount of the expenditure, may waive payment by the Authority of the whole or any part of it; and(b) having complied with the requirement of paragraph (a)(i) and having taken account of such waivers (if any) as have been made under paragraph (a)(ii), the Financial Secretary shall determine the aggregate of the ascertained expenditure and as soon as practicable thereafter shall specify the amount of that aggregate in a notice in writing which he shall cause to be given to the Authority.(3) When the whole of the indebtedness created by subsection (1) is discharged by virtue of section 23(4), the Financial Secretary shall give to the Authority a written certificate that such indebtedness no longer exists. |
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