| To establish the Hong Kong Council on Smoking and Health, to define its functions and powers, to negative personal liability of members and employees, and to provide for matters incidental thereto or connected therewith. (Enacted 1987) [1 October 1987] L.N. 342 of 1987 (Originally 56 of 1987) Cap 389 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Hong Kong Council on Smoking and Health Ordinance. (Enacted 1987) Cap 389 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Chairman" (主席) means the Chairman of the Council appointed under section 5(1) or any other member when acting under section 5(4) as Chairman; "Council" (委员会) means the Hong Kong Council on Smoking and Health established under section 3; "Executive Director" (总干事) means the person who holds the office of Executive Director under section 10; "financial year" (财政年度) means the period commencing on 1 April each year and ending on 31 March in the year following and includes the period commencing on 1 April 1987 and ending on 31 March 1988; "member" (委员) means a member of the Council referred to in section 5(1) and includes any person when acting under section 5(4) as a member; "Vice-Chairman" (副主席) means the Vice-Chairman of the Council appointed under section 5(1) or any other member when acting under section 5(4) as Vice-Chairman. (Enacted 1987) Cap 389 s 3 Council established and incorporated Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 PART II INCORPORATION, POWERS AND STAFF (1) There shall be a body corporate called the Hong Kong Council on Smoking and Health. (2) The purposes of the Council are to- (a) protect and to improve the health of the community by acquiring and disseminating, and assisting others to acquire and to disseminate, information concerning the causes, prevention and cure of tobacco dependence in human beings and its adverse effects and related diseases; (b) engage in research into the causes, prevention and cure of tobacco dependence in human beings and its adverse effects and related diseases and to promote and to assist such research by other individuals and organizations and to publish the results of such research; (c) advance the education of the public concerning the effects of the smoking of tobacco and other forms of usage of tobacco and its effects on the health of the community and the individual; (d) take such action as it thinks justified by information in its possession including giving advice to the Government, to any public body, to any public officer, to community health organizations, or to the public on the causes, prevention and cure of tobacco dependence in human beings and its adverse effects and related diseases; (e) engage in such other activities, and to perform such other functions, as the Chief Executive may, after consultation with the Council, permit or assign to it by order published in the Gazette. (Amended 60 of 2000 s. 3)(3) The Council shall have perpetual succession and a common seal and be capable of suing and being sued and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer. (Enacted 1987) Cap 389 s 4 General powers of Council (1) The Council may do such things as are expedient for or conducive to the attainment of the purposes declared in or permitted or assigned under section 3(2) or of any purpose reasonably incidental to or consequential upon any of those purposes. (2) Without restricting the generality of subsection (1) the Council may- (a) take on lease, purchase, or otherwise acquire and hold, manage and enjoy property of any description, and sell, let or otherwise dispose of the same; (b) enter into, assign or accept the assignment of, and vary or rescind any contract or obligation; (c) produce or distribute, by way of sale or otherwise, any publication which it considers may be of interest to the public or may assist in the furtherance of its purposes; (d) charge for the use of any facility or service provided by the Council; (e) do any thing which it may do under this Ordinance in association or co-operation with any other person or sponsor any other person to do that thing; and (f) become a member of or affiliate to any international body concerned with any matter relating to its purposes. (Enacted 1987) Cap 389 s 5 Membership of Council Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The Council shall consist of the following members- (a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years; (b) a Vice-Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years; and (c) not less than 13 nor more than 15 other persons each of whom shall be appointed by the Chief Executive for a term not exceeding 3 years.(2) Any member appointed under this section may be appointed again on the expiry of his term of office. |
