| To provide for the establishment of the Hong Kong Productivity Council and to define its powers and functions. [20 January 1967] (Originally 2 of 1967) Cap 1116 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Productivity Council Ordinance. Cap 1116 s 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 registered under the Companies Ordinance (Cap 32) and limited by shares; "Council" (促进局) means the Hong Kong Productivity Council established by section 3; "Executive Director" (总裁) 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) Cap 1116 s 3 Establishment and incorporation of the Hong Kong Productivity Council PART II 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. Cap 1116 s 4 Functions of Council Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 (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) Cap 1116 s 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; |
