Cap. 1114 - Hong Kong Trade Development Council Ordinance

To provide for the establishment of the Hong Kong Trade Development Council, to define its powers and functions and to provide for matters connected therewith or incidental thereto. [30 September 1966](Format changes—E.R. 5 of 2022) Part I Preliminary 1. Short title This Ordinance may be cited as the Hong Kong Trade Development Council Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Chairman (主席) means the Chairman of the Hong Kong Trade Development Council appointed under section 11(1)(a) or, during the absence from Hong Kong or incapacity of the Chairman so appointed, the person (if any) appointed under subsection (6) of that section to act as Chairman or, if no person has been appointed to act as Chairman, the vice-chairman appointed under section 12;committee of the Council (發展局委員會) means a committee appointed by the Council under section 5(1)(f);Council (發展局) means the Hong Kong Trade Development Council established by section 3;Executive Director (總裁) means the executive director of the Council appointed under section 5(1)(e);financial year (財政年度) means the period commencing on the 1st day of April each year and ending on 31 March in the year following except that the period from the establishment of the Council to 31 March next thereafter shall be deemed to be a financial year. Part II The Hong Kong Trade Development Council 3. Establishment and incorporation of the Hong Kong Trade Development Council There is hereby established a council to be called the Hong Kong Trade Development 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 the Council The functions of the Council shall be—(a) to promote, assist and develop Hong Kong’s trade with places outside Hong Kong, with particular reference to exports; and (Amended 66 of 2000 s. 3)(b) to make such recommendations to the Government as it sees fit in relation to any measures which it considers would achieve an increase in Hong Kong’s trade. 5. General powers of the Council (1) Subject to section 8, 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 to such end may in particular, but without prejudice to the generality of the foregoing—(a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same;(b) establish and maintain offices both in and outside Hong Kong; (Amended 66 of 2000 s. 3)(c) enter into any contract;(d) publish periodicals, booklets and other written material, and produce or sponsor the production of documentary films and 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;(e) from time to time and subject to Part V, appoint an Executive Director to be the chief administrative officer of the Council and such other officers, servants and agents, both in and outside Hong Kong, as it considers necessary to secure the efficient discharge of its functions; and may employ any professional person, in or outside Hong Kong, to advise the Council on any point arising out of or in connexion with any of the functions or powers of the Council; (Amended 66 of 2000 s. 3)(f) appoint a committee for any such general or special purpose as in the opinion of the Council would be better regulated and managed by means of a committee;(g) borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part 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 under section 22 for the current financial year including the unallocated balances and surpluses (if any) shown in the estimates for the same year; and(h) charge for the use of any facility or service provided by the Council.(2) (a) The number of members of a committee of the Council and their term of office shall be fixed by the Council.(b) A committee of the Council may include persons who are not members of the Council.(c) The Council may make rules respecting the quorum, proceedings and place of meeting of any committee of the Council. 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 duties under this Ordinance, and the Council shall comply with those directions. (Amended 66 of 2000 s. 3)(2) No such direction shall be inconsistent with any provision of this Ordinance.(Added 72 of 1979 s. 2) 6. Provident fund or retirement benefit scheme The Council may, with the approval of the Chief Executive, establish, manage and control, or enter into an arrangement with a trust company, 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 or a retirement benefit scheme for the benefit of all or any of the officers or 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.(Amended 71 of 1977 s. 2; 66 of 2000 s. 3) 7. Delegation (1) Subject to subsection (2), the Council may, by instrument in writing, delegate to the Executive Director or to any committee of the Council, with or without restrictions or conditions, as the Council thinks fit, such of its powers and functions as it deems expedient for the efficient discharge of the functions of the Council: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.(2) Subsection (1) shall not permit the delegation of the power—(a) to approve the annual programme or estimates of income or expenditure of the Council; or(b) to authorize the annual report or statements of income or expenditure and of assets and liabilities of the Council; or(c) to appoint any officer or servant above the post of senior manager or a post equivalent thereto; or (Replaced 71 of 1977 s. 3. Amended 2 of 1986 s. 2)(d) to approve general terms and conditions of service of officers or servants of the Council; or(e) to establish or enter into any arrangement for the establishment of a provident fund scheme under section 6; or(f) to transfer any sum, under section 22(4)(a), to any major head of expenditure in the approved estimates of expenditure of the Council,and shall not permit the delegation to any committee of the Council of the power under section 22(4)(b) to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council. 8. Restriction as to future financial commitments Without the approval of the Chief Executive, no contract shall be entered into in the exercise of any of the powers conferred upon the Council by this Ordinance that itself is likely, or together with all other contracts previously entered into are likely, to involve expenditure by the Council in any subsequent financial year under any of the major heads of expenditure specified in section 22(2) of an amount or aggregate amount exceeding the sum in the estimate of expenditure approved by the Chief Executive for the same major head of expenditure in respect of the year in which such contract is entered into (and not transferred to any other major head by the Council) together with any sum transferred to that head by the Council during that year (other than a sum transferred thereto from any unallocated balance or surplus shown in the estimates for that year).(Amended 66 of 2000 s. 3) 9. 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 presumed to be a document so executed. 10. 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 the Council 11. Membership of the Council (1) The Council shall consist of the following members—(a) the Chairman who shall be appointed, as such, by the Chief Executive;(b) 8 ex officio members, as follows—(i) the Chairman of the Hong Kong General Chamber of Commerce,(ii) the Chairman of the Federation of Hong Kong Industries,(iii) the President of the Chinese Manufacturers’ Association,(iv) the Chairman of the Hong Kong Tourism Board, (Replaced 3 of 2001 s. 49. Amended L.N. 29 of 2004)(v) the Chairman of the Committee of The Hong Kong Association of Banks within the meaning of The Hong Kong Association of Banks Ordinance (Cap. 364), (Replaced 2 of 1986 s. 3)(va) the Chairman of the Chinese General Chamber of Commerce, Hong Kong, (Added 2 of 1986 s. 3)(vi) the Secretary for Commerce and Economic Development, and (Amended L.N. 206 of 1977; L.N. 294 of 1982; L.N. 173 of 2000; L.N. 106 of 2002; L.N. 130 of 2007)(vii) the Director of Information Services: Provided that if any person, who as the Chairman or President of any one of the aforesaid associations is a member of the Council, becomes the Chairman or President, as the case may be, of any of the other 5 such associations, the Chief Executive shall, from amongst the members of the latter association, appoint a person to be a member of the Council for so long as the first-mentioned person remains the Chairman or President, as the case may be, of both such associations; (Amended 2 of 1986 s. 3)(c) 4 nominated members of whom—(i) one shall be nominated by the Hong Kong General Chamber of Commerce,(ii) one shall be nominated by the Federation of Hong Kong Industries,(iii) one shall be nominated by the Chinese Manufacturers’ Association, and(iv) one shall be nominated by the Chinese General Chamber of Commerce, Hong Kong, (Added 2 of 1986 s. 3)each such person being nominated from among the members of the general committee or similar body of the association nominating him; and (Amended 2 of 1986 s. 3)(d) 6 members appointed by name by the Chief Executive. (Amended 52 of 1978 s. 2)(2) Where, for any period, any of the members of the Council specified in subparagraphs (i) to (va) (inclusive) of paragraph (b) of subsection (1) or nominated or appointed under the proviso to paragraph (b) or under paragraph (c) or (d) of that subsection is, by reason of absence from Hong Kong or illness, unable to exercise the powers or perform the duties of his office as a member of the Council, then— (Amended 2 of 1986 s. 3)(a) in the case of a member specified as aforesaid, that member may appoint such person as the Council approves to be a temporary member of the Council in his place during such period;(b) in the case of a member nominated under paragraph (c) of subsection (1), the association which nominated him may nominate such other person as the Council approves to be a temporary member of the Council in place of that member during such period;(c) in the case of a member appointed under the proviso to paragraph (b) or under paragraph (d) of that subsection, the Chief Executive may appoint another person to be a temporary member of the Council in place of that member during such period.(3) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap. 1)—(a) the term of office of the Chairman shall be such period as the Chief Executive in his discretion shall on the appointment of the Chairman fix, and the Chairman may from time to time be re-appointed;(b) the term of office, as members of the Council, of the members nominated pursuant to paragraph (c) of subsection (1) shall be one year from the date of nomination unless, in respect of any such member, he earlier ceases to be a member of the general committee or similar body of the association which nominated him, in which case he shall also cease to be a member of the Council, and any such member may from time to time be re-nominated in accordance with the said paragraph (c);(c) the term of office, as members of the Council, of the members appointed pursuant to subsection (1)(d) shall be 2 years, or such lesser period as in any particular case the Chief Executive may on appointment fix, and any such member may from time to time be re-appointed.(4) The Chairman and any member of the Council appointed under the proviso to subsection (1)(b) or nominated under subsection (1)(c) or appointed under subsection (1)(d) may at any time by notice in writing to the Chief Executive resign from the Council.(5) Where the Chairman or any member of the Council referred to in subsection (4) resigns from the Council or dies, the vacancy thereby created shall be filled by appointment or nomination, as the case may require, and the provisions of subsection (3) as to terms of office shall apply in relation to the member filling such vacancy.(6) If the Chairman is absent from Hong Kong or is, for any other reason unable to act as Chairman, the Chief Executive may, in his absolute discretion, appoint a person (whether or not such person is already a member of the Council) to act as Chairman of the Council during the absence or incapacity of the Chairman.(Amended 66 of 2000 s. 3) 12. Vice-chairman The Council may, from amongst the members of the Council appointed under section 11(1)(d), appoint a vice-chairman of the Council, and the vice-chairman shall, unless some lesser period is fixed by the Council, hold office as such until his term of office as a member of the Council expires or he earlier ceases to be a member of the Council. 13. Chairman at meeting, and restriction on voting (1) The Chairman or, in his absence from any meeting, the vice-chairman appointed under section 12 or, in the absence from any meeting of both the Chairman and the vice-chairman, the person appointed under subsection (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.(2) In the absence from any meeting of the Council of both the Chairman and the vice-chairman, the members present at the meeting shall, before any other business is transacted at that meeting, appoint a person from among the members present to preside thereat. 14. 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 5 members of the Council, convene a meeting of the Council within 14 days of that notice. (Amended 2 of 1986 s. 4)(3) No business shall be transacted at a meeting of the Council unless at least 9 members of the Council are present thereat. (Amended 2 of 1986 s. 4)(4) Every question arising at any meeting of the Council shall be decided by a majority of votes of the members present and voting thereon, each such person having not more than one vote thereon.(5) If a member has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter, and is present at a meeting of the Council at which the contract or other matter is the subject of consideration, he shall, as soon as practicable after the commencement of the meeting, disclose to the Council the fact and the nature of his interest.(6) Subject to this Ordinance, the Council may by resolution make rules for the procedure at and conduct of its meetings and the adjournment of any meeting at which a quorum of members is not present. 15. Transaction of business by circulation of papers The Council may, if it thinks fit, transact any of the 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. 16. Validity of proceedings The validity of any proceeding of the Council shall not be affected by any defect in the appointment or nomination of any member or by any vacancy among members of the Council. Part IV Committees 17. Meetings of committees Subject to any rules made by the Council under section 5(2), the quorum, proceedings and place of meeting of a committee of the Council shall be such as the committee may determine. 18. Validity of proceedings The validity of any proceeding of a committee of the Council shall not be affected by any defect in the appointment of any member of the committee or by any vacancy among the members of the committee. Part V Staff 19. Qualifications, terms and conditions of service of Executive Director No person shall be appointed by the Council to the office of Executive Director—(a) without the prior consent of the Chief Executive; and(b) except upon such terms and conditions of service as are approved by the Chief Executive.(Amended 66 of 2000 s. 3) 20. Termination of contracts of service by notice The contract of service of every officer and servant of the Council shall contain a provision whereby the contract may be terminated by either party by the giving of such period of notice, in no case exceeding three months or such longer period as the Financial Secretary may in any particular case approve, as may be agreed between the Council and the officer or servant. Part VI Financial Provisions and Reports 21. Grants Each financial year there shall be paid to the Council out of moneys provided by the Legislative Council such sum as the Chief Executive may approve for the purpose of assisting the Council to exercise its functions.(Amended 66 of 2000 s. 3) 22. Estimates (1) Each year, before a date to be appointed by the Financial Secretary, 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 same year: Provided that the programme and estimates 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 of the Council 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 benefits, medical expenses and other ancillary pecuniary benefits);(b) capital expenditure exceeding $25,000 on any one item;(c) recurrent expenditure other than expenditure shown under head (a) aforesaid and capital expenditure other than expenditure shown under head (b) aforesaid;(d) other non-recurrent expenditure on activities,and the estimates shall also show all unallocated balances and surpluses available for use during the year to which the estimates relate.(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, and shall contain such particulars and information as may be required by the Chief Executive.(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—(a) transfer from its unallocated balances or surpluses (if any) shown in its estimates to any major head of expenditure or from any major head or heads of expenditure to 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 major head to which such sum is or sums are transferred; and(b) transfer any sum or sums, without restriction, from any sub-head to any other sub-head within the same head of expenditure,but save as permitted by paragraph (a) no sum shall be transferred to any major head of expenditure without the approval of the Chief Executive.(5) The Council may expend on any major head of expenditure or on any sub-head thereof only such sums as have been approved therefor by the Chief Executive (and not transferred to any other major head or sub-head) and such sum as have been transferred thereto under subsection (4).(Amended 66 of 2000 s. 3) Editorial Note: * Commencement date: 30 September 1966. 23. 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. 24. 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 23(2) as soon as possible and shall make a report thereon to the Council. 25. Report, etc. to be laid on the table of the Legislative Council, and published (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 23(2) and the report made under section 24(2) and shall publish reports and statements.(2) The Chief Executive shall cause to be laid on the table of the Legislative Council the reports and statements received by him under subsection (1).(Amended 66 of 2000 s. 3) 26. 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.