Cap. 1116 - Hong Kong Productivity Council Ordinance

To provide for the establishment of the Hong Kong Productivity Council and to define its powers and functions. [20 January 1967](Format changes—E.R. 3 of 2022) Part I Preliminary 1. Short title This Ordinance may be cited as the Hong Kong Productivity Council Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—arrangement (安排) means contract, licensing agreement or agreement under seal;Chairman (主席) means the Chairman of the Hong Kong Productivity Council appointed under section 9(1)(a) or, during the absence from Hong Kong or incapacity of the Chairman so appointed, the person (if any) appointed under subsection (5) of that section to act as Chairman or, if no person has been appointed to act as Chairman, the Deputy Chairman appointed under subsection (2) of that section;company (公司) means a company limited by shares and registered under the Companies Ordinance (Cap. 32) as in force at the time of the registration or the Companies Ordinance (Cap. 622); (Amended 28 of 2012 ss. 912 & 920)Council (促進局) means the Hong Kong Productivity Council established by section 3;Executive Director (總裁) means the Executive Director appointed under section 5(1)(h) by the Council.(Replaced 57 of 1985 s. 2. Amended 67 of 1993 s. 2) Part II The Hong Kong Productivity Council 3. Establishment and incorporation of the Hong Kong Productivity Council There is hereby established a council to be called the Hong Kong Productivity Council which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. 4. Functions of Council (1) The functions of the Council shall be—(a) to promote the increased productivity of industry in Hong Kong and to encourage the more efficient utilization of resources therein;(b) to consider matters affecting productivity of industry in Hong Kong;(c) to advise the Chief Executive concerning the productivity of industry in Hong Kong and measures designed to increase it; (Amended 65 of 2000 s. 3)(d) to consult with, co-ordinate and assist the activities of persons or organizations, either in Hong Kong or elsewhere, engaged in the study, development or dissemination of programmes, methods or techniques designed to increase productivity in industry; and(e) to take on productivity related assignments elsewhere than in Hong Kong subject to the conditions specified in subsection (2).(2) The Council shall not carry out any work in pursuance of the function referred to in subsection (1)(e) unless—(a) the work can be carried out without prejudice to the performance by the Council of the functions referred to in subsection (1)(a), (b), (c) and (d); and(b) the minimum rate charged by the Council for the work is sufficient to recover all costs incurred in carrying out that work, which costs shall include direct costs (recurrent and capital) and overhead costs.(3) In favour of a person dealing with the Council in good faith, any transaction decided on by the Council in pursuance, or purporting to be in pursuance, of the function referred to in subsection (1)(e) shall be deemed to be one which it is within the power of the Council to enter into, and the power of the Council to so enter into that transaction shall be deemed to be free of any limitation referred to in subsection (2), and a party to such a transaction shall not be bound to inquire as to the power of the Council to enter into it or as to any limitation referred to in subsection (2) on the Council to enter into it or to carry it out, and shall be presumed to have acted in good faith unless the contrary is proved.(Replaced 57 of 1985 s. 3) 5. Powers of Council (1) Subject to subsections (1A), (1B), (1C), (1D) and (2), the Council may do all such things as are calculated to facilitate, or as are incidental or conducive to, the better carrying out of its functions and may in particular, but without prejudice to the generality of the foregoing— (Amended 18 of 1990 s. 2)(a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same;(ab) sell or otherwise dispose of shares acquired by it in a company referred to in paragraph (l) or a company established by it pursuant to its power under paragraph (n); (Added 18 of 1990 s. 2)(b) enter into, assign or accept the assignment of, vary or rescind, any contract, agreement or other obligation; (Replaced 18 of 1990 s. 2)(c) to meet expenditure on any item shown in the estimates of expenditure of the Council approved by the Chief Executive under section 16, borrow or otherwise raise money on such security as may be necessary, and for that purpose, charge all or any of the property of the Council, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this paragraph which itself, or together with all other sums previously borrowed or otherwise raised under this paragraph and still outstanding, exceeds, or in the aggregate exceed, 10 per cent of the total estimated expenditure approved by the Chief Executive under section 16 for the current financial year;(d) become a member of, act as agent for or otherwise take part in the activities of any association or institution (other than any association or institution which is a company) which is, either wholly or in part, concerned with any matter relating to productivity of industry;(e) found scholarships, make research grants or otherwise give financial or other assistance to persons engaged in study or research into any matter relating to productivity of industry;(f) hold classes, seminars, demonstrations, exhibitions, lectures or any other form of instructional or promotional activity and charge fees therefor;(g) publish periodicals, booklets or other written material, and produce or sponsor the production of documentary films or other audio-visual material, and distribute the same by sale or by loan, hire or otherwise with or without charge as the Council thinks fit;(h) from time to time and subject to section 6, appoint an Executive Director to be the chief administrative officer of the Council and such other officers, servants and agents as it considers necessary for the efficient performance of its functions; and employ any professional person to advise the Council on any point arising out of or in connexion with any of the functions or powers of the Council;(i) appoint a standing committee (of which the Executive Director shall be an ex officio member) for such general purpose, and from time to time a special committee for such special purpose, as in the opinion of the Council would be better regulated and managed by such a committee; (Replaced 67 of 1993 s. 3)(j) subject to subsection (3), by instrument in writing, delegate to the Executive Director or any committee appointed under paragraph (i) such of its powers and functions as it deems expedient for the efficient performance of the Council’s functions, and in so doing shall determine the limit of expenditure which may be incurred, without further authorization, in the exercise of any power so delegated: Provided that no delegation made hereunder shall preclude the Council from exercising or performing at any time any of the powers or functions so delegated; (Replaced 67 of 1993 s. 3) (k) patent any invention invented by, or with the assistance of, the Council and sell, let, license or otherwise dispose of the same; (Added 57 of 1985 s. 4)(l) enter into an arrangement with any company engaged in industry for the establishment, management and control by such company either alone or jointly with the Council of a scheme calculated to facilitate, or be incidental or conducive to, the better carrying out of the functions of the Council; (Added 57 of 1985 s. 4. Amended 18 of 1990 s. 2)(m) undertake any project relating to productivity of industry not otherwise provided for in this section; (Added 57 of 1985 s. 4. Amended 18 of 1990 s. 2)(n) establish any company, either alone or jointly with another person, for the purpose of doing any thing which the Council may do and may vest in any company so established such functions and powers as in the opinion of the Council are calculated to facilitate, or be incidental or conducive to, the better carrying out of activities relating to productivity of industry; and (Added 18 of 1990 s. 2)(o) for the purpose of establishing a company pursuant to its power under paragraph (n), acquire a company limited by guarantee which is, either wholly or in part, concerned with any matter relating to productivity of industry. (Added 18 of 1990 s. 2)(1A) For the purposes of subsection (1)(l), the Council may become a member of, act as agent for or otherwise take part in the activities of or, subject to subsection (1B), acquire shares of any company which is, either wholly or in part, concerned with any matter relating to productivity of industry. (Added 57 of 1985 s. 4)(1B) For the purposes of subsection (1)(l), the Council shall not acquire any interest in a company other than to acquire from that company, without any payment by the Council, shares of that company in return for the Council entering into an arrangement with that company: (Added 57 of 1985 s. 4) Provided that the Council may acquire shares in that company by payment where the Council has the approval of the Chief Executive to so acquire such shares, which approval may specify the maximum amount of such payment in any particular case. (Added 18 of 1990 s. 2) (1C) Where the Council has established a company pursuant to its power under subsection (1)(n), the Council—(a) shall not acquire shares in such company by payment except with the approval of the Chief Executive, which approval may specify the maximum amount of such payment in any particular case; and(b) may—(i) make loans to such company upon such terms and conditions as the Council thinks fit; or(ii) give other financial assistance (including gifts) to such company with the approval of the Chief Executive, which approval may specify the maximum amount of such financial assistance in any particular case. (Added 18 of 1990 s. 2)(1D) The Council shall not acquire by payment a company referred to in subsection (1)(o) except with the approval of the Chief Executive. (Added 18 of 1990 s. 2)(2) The Council may, with the approval of the Chief Executive, establish, manage and control, or enter into an arrangement with an insurance company or association for the establishment, management and control by such company or association either alone or jointly with the Council of a provident fund scheme for the benefit of all or any of the officers and servants of the Council or of any specified class of officer or servant of the Council, and if so required by the rules governing such scheme may make contributions thereto in accordance with such rules.(3) Subsection (1)(j) shall not permit the delegation of the power—(a) to approve the annual programme or estimates of income and expenditure of the Council, or(b) to authorize the annual report or statements of income and expenditure and of assets and liabilities of the Council, or(c) (Repealed 83 of 1974 s. 2)(d) to approve general terms and conditions of service of officers or servants of the Council, or(e) to transfer, under section 16(4)(a), any sum exceeding the amount specified in Part I of the Second Schedule from any major head of expenditure to any other major head or heads of expenditure in the approved estimates of expenditure of the Council, or(f) to establish or enter into any arrangement for the establishment of a provident fund scheme under subsection (2),and shall not permit the delegation to any committee appointed under subsection (1)(i) of the power to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council.(Amended 57 of 1985 s. 4; 65 of 2000 s. 3) 5A. Chief Executive in Council may give directions (1) The Chief Executive in Council may, if he considers the public interest so requires, give directions in writing to the Council with respect to the exercise of its powers and the performance of its functions under this Ordinance, and the Council shall comply with those directions. (Amended 57 of 1985 s. 5; 65 of 2000 s. 3)(2) No such direction shall be inconsistent with any provision of this Ordinance.(Added 70 of 1979 s. 3) 6. Approval of salary scales by Chief Executive (1) The Council shall, before establishing or varying any salary scale (including any scale of allowances and other pecuniary benefits) for any officer or servant or class of officer or servant of the Council, submit for the approval of the Chief Executive particulars thereof, and the Chief Executive may confirm the same either generally in respect of the relevant class of officer or servant or specially in respect of a particular officer or servant or a particular post.(2) No officer or servant of the Council shall be paid any salary other than a salary in the appropriate scale approved by the Chief Executive under subsection (1).(Amended 65 of 2000 s. 3) 7. Seal of the Council (1) The Council shall have a common seal, and the fixing of the seal shall—(a) be authorized or ratified by resolution of the Council; and(b) be authenticated by the signatures of any 2 members of the Council, authorized by resolution of the Council either generally or specially to act for that purpose.(2) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. 8. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose. Part III Membership and Procedure of Council 9. Membership of Council (1) The Council shall consist of not more than 23 members to be appointed by the Chief Executive, of whom— (Amended 18 of 1990 s. 3)(a) one shall be appointed by the Chief Executive as Chairman of the Council;(b) not more than 17 shall be appointed to represent management, labour and professional or academic interests; and (Amended 18 of 1990 s. 3; 67 of 1993 s. 4)(c) not more than 5 shall be public officers. (Replaced 83 of 1974 s. 3. Amended 67 of 1993 s. 4)(2) There shall be a Deputy Chairman of the Council who shall be appointed by the Chief Executive from amongst the members.(3) (a) Every member of the Council who is a public officer shall hold office at the discretion of the Chief Executive.(b) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap. 1), every member of the Council who is not a public officer shall be appointed for a period of 2 years or for such lesser period as the Chief Executive may in any particular case appoint, but may from time to time be reappointed.(4) Any member who is not a public officer may at any time by notice in writing to the Chief Executive resign from the Council.(5) If the Chairman of the Council is absent from Hong Kong or is, for any other reason unable to act as Chairman, the Chief Executive may appoint a member of the Council to act as Chairman during the absence or incapacity of the Chairman.(6) If any member other than the Chairman is absent from Hong Kong, or is for any other reason unable to exercise the powers or perform the duties of his office as a member of the Council, the Chief Executive may appoint another person to be a temporary member of the Council during the absence or incapacity of that member.(Amended 65 of 2000 s. 3) 10. Chairman of meetings, and restriction on voting The Chairman or, in his absence from any meeting, the Deputy Chairman appointed under section 9(2) shall preside at every meeting of the Council but the person presiding at a meeting shall not vote thereat except in the case of an equality of votes when he shall have a casting vote. 11. Meetings of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may from time to time appoint.(2) The Chairman shall, if requested by notice in writing signed by not fewer than 4 members of the Council, convene a meeting of the Council within 14 days of that notice.(3) At all meetings of the Council a majority of the members shall form a quorum.(4) All questions arising at any meeting of the Council shall be decided by a majority of votes of the members present and voting thereon.(5) Subject to this Ordinance, the Council may by resolution make rules for the procedure at and conduct of its meetings.(6) If a member is in any way directly or indirectly interested in a matter under discussion at a meeting of the Council—(a) he shall disclose the nature of his interest at the meeting;(b) the disclosure shall be recorded in the minutes of the Council;(c) the member presiding at the meeting may at his discretion require the member who has disclosed the interest to withdraw from the meeting; and(d) in the event that the member who has disclosed the interest is the member presiding at the meeting, the other members present may, by a majority of votes, require him to withdraw from the meeting, and (in the absence of the Deputy Chairman) appoint one of their number to preside at the meeting during his absence. (Added 67 of 1993 s. 5) 12. Transaction of business by circulation of papers The Council may, if it thinks fit, transact any of its business by the circulation of papers, and a resolution in writing approved in writing by a majority of the members thereof shall be as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving the resolution. 13. Validity of proceedings The validity of any proceeding of the Council shall not be affected by any defect in the appointment of any member or by the absence of any member from the meeting at which such proceeding occurred or by any vacancy among members of the Council. Part IV (Repealed 67 of 1993 s. 6) 14. (Repealed 67 of 1993 s. 6) 15. (Repealed 67 of 1993 s. 6) Part V Financial Provisions and Reports 16. Estimates (1) Each financial year, before a date to be appointed by the Chief Executive, the Council shall forward to the Financial Secretary, for the approval of the Chief Executive, a programme of its proposed activities for the next financial year together with or incorporating estimates of its income and expenditure for the next financial year in the form required by subsections (2) and (3): (Amended 65 of 2000 s. 3) Provided that the programme and estimates of income and expenditure for the first financial year of the Council shall be forwarded as soon as is practicable after the commencement* of this Ordinance. (2) The estimates required by subsection (1) shall set out the source of all income, and shall show the distribution of expenditure under the following major heads—(a) staff emoluments (including provision for provident fund contributions and benefits, medical expenses and other ancillary pecuniary benefits);(b) capital expenditure exceeding the amount specified in Part II of the Second Schedule on any one item; (Amended 57 of 1985 s. 9)(c) recurrent expenditure other than expenditure shown under head (a) aforesaid and capital expenditure other than expenditure shown under head (b) aforesaid;(d) non-recurrent expenditure other than capital expenditure shown under head (b) or (c) aforesaid.(3) Each major head of expenditure shall show clearly the destination of all moneys and where several matters are dealt with under the one head each such matter shall be itemized and be shown in a separate sub-head relating to similar items of expenditure.(4) Notwithstanding the approval of the Chief Executive of the estimates of the Council, the Council may at any time or from time to time and with or without specifying the purpose of the transfer—(a) transfer to head (b), (c) or (d), or to each such head, from any other major head of expenditure a sum not exceeding or sums in the aggregate not exceeding 20 per cent of the amount approved for the head to which such sum is or sums are transferred; and (Amended 57 of 1985 s. 9)(b) transfer any sum or sums, without restriction, from any sub-head to any other sub-head or sub-heads within the same head of expenditure,but save as permitted by paragraph (a) no sum shall be transferred from one major head to any other major head of expenditure without the approval of the Chief Executive. (Amended 65 of 2000 s. 3) Editorial Note: * Commencement date: 20 January 1967. 17. Accounts (1) The Council shall keep proper accounts of all income and expenditure and shall maintain proper and adequate records thereof.(2) As soon as may be convenient after the end of each financial year the Council shall cause to be drawn up a statement of income and expenditure during such financial year and a statement of the assets and liabilities of the Council on the last day thereof. 18. Audit (1) The Council shall appoint auditors who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the Council and to require such information and explanations thereon as they think fit.(2) The auditors shall audit the statements drawn up under section 17(2) as soon as possible and shall make a report thereon to the Council. 19. Reports to be laid on table of Legislative Council (1) The Council shall as soon as possible after the end of each financial year, but not later than 6 months after the end of each financial year or such longer period as the Chief Executive may as to any particular year allow, make to the Chief Executive a report on its activities and shall transmit to the Chief Executive therewith a copy of the statements drawn up under section 17(2) and the report made under section 18(2). (Amended 57 of 1985 s. 10)(2) The Chief Executive shall cause to be laid on the table of Legislative Council the reports and statements received by him under subsection (1).(Amended 65 of 2000 s. 3) 20. Investment of surplus funds All funds of the Council that are not immediately required shall be deposited on fixed deposit in any bank or savings bank nominated by the Financial Secretary, either generally or in any particular case, for that purpose, or, subject to the prior approval of the Financial Secretary, shall be invested in such investments as the Council thinks fit. Part VI Miscellaneous 21. Prohibition of possession and use of emblem (1) Except with the authority of the Council, no person shall use or have in his possession—(a) the emblem of the Council, which emblem is portrayed in the First Schedule, or any copy or replica of such emblem; (Amended 57 of 1985 s. 11)(b) any emblem or device containing the words “Hong Kong Productivity Council”; or(c) any emblem or other device which so resembles the emblem or any device of the Council as to be capable of being mistaken for such emblem or device.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (Amended E.R. 3 of 2022)(Added 83 of 1974 s. 5) 22. Amendment of Second Schedule The Chief Executive may by order published in the Gazette amend the Second Schedule.(Added 57 of 1985 s. 12. Amended 65 of 2000 s. 3) 23. (Repealed 67 of 1993 s. 7) First Schedule [s. 21] (Added 83 of 1974 s. 6. Amended 57 of 1985 s. 13) Second Schedule [ss. 5(3)(e), 16(2)(b) & 22]Specified Amounts Part I $200,000 Part II $75,000(Added 57 of 1985 s. 14)