| To repeal and replace the Po Leung Kuk Incorporation Ordinance. [14 December 1973] (Originally 77 of 1973) Cap 1040 s 1 Short title This Ordinance may be cited as the Po Leung Kuk Ordinance. Cap 1040 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "advisory board" (顾问局) means the board established by virtue of paragraph 18 of the Schedule; "annual general meeting" (周年大会) means the annual general meeting of the corporation; "board" (董事会) means the board of directors established by paragraph 5 of the Schedule; "chairman" (主席) means the chairman of the board; "child" (儿童) means any person who has not attained the age of 21 years; "corporation" (法团) means the Society continuing to exist by virtue of section 3; "director" (总理) means a director of the board; "ordinary general meeting" (普通大会) means an ordinary general meeting of the corporation; "ordinary member" (普通成员) means an ordinary member of the corporation; "repealed Ordinance" (已废除条例) means the repealed Po Leung Kuk Incorporation Ordinance (Cap 1040 1964 R. Ed.); "secretary" (秘书) means the secretary of the corporation; "voting member" (有表决权的成员) means a voting member of the corporation; "year" (年度) means the period commencing on 1 April in any year and ending on 31 March in the following year. Cap 1040 s 3 Incorporation of the Po Leung Kuk (1) The Society incorporated by virtue of the repealed Ordinance shall continue to exist. (2) The corporation- (a) shall be known as the Po Leung Kuk and in that name may sue and be sued; (b) shall continue to have perpetual succession; and (c) may do and suffer all such other acts and things as bodies corporate may lawfully do and suffer. Cap 1040 s 4 Matters relating to the corporation The provisions of the Schedule shall have effect with respect to- (a) the objects and powers of the corporation; (b) the membership of the corporation; (c) the board; (d) the advisory board; (e) meetings and procedure,and otherwise in relation to the corporation. Cap 1040 s 5 Vesting of property (1) All the immovable property vested in the Society at the commencement of this Ordinance shall continue to be vested in the corporation for the residue of the term of years created by the respective Crown leases, subject to the covenants, conditions, stipulations, exceptions, reservations, provisos and powers contained in and reserved by the said Crown leases. (2) Any other property, interest, right and privilege vested in the Society at the commencement of this Ordinance shall continue to be vested in the corporation on the terms and conditions, if any, on which the same was vested at that date, and the corporation shall continue to be subject to the obligations and liabilities to which the Society was subject at the commencement of this Ordinance. Cap 1040 s 6 Board may exercise powers of corporation The board may exercise any of the powers of the corporation which are not required by this Ordinance to be exercised by the corporation in general meeting. Cap 1040 s 7 Accounts (1) The board shall cause to be kept proper books of account of all transactions of the corporation. (2) Such books of account shall be open at all reasonable times to the inspection of any director and of any person appointed by the Chief Executive in that behalf. (Amended 4 of 2000 s. 3) (3) A chairman shall within 6 months after the expiration of his term of office send to the Chief Secretary for Administration a statement of the accounts of the corporation which shall- (Amended L.N. 362 of 1997) (a) be signed by 2 persons who were directors during the year to which the statement relates; (b) be audited in accordance with subsection (4); and (c) contain the following particulars- (i) an account of the assets and liabilities of the corporation at the end of the previous year; (ii) an account of the receipts and disbursements of the corporation during the previous year; and (iii) a report on the administration of the corporation during the previous year.(4) The accounts of the corporation and the signed statement of the accounts shall be audited by an auditor who is a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50) and appointed by the corporation. The auditor shall certify the statement of the accounts subject to such report, if any, as he thinks fit. (Amended 23 of 2004 s. 56) (5) A copy of the signed and audited statement of the accounts and the auditor's report, if any, shall within 6 months after the end of the year be sent to each- (a) director; (b) person who was a director during that year; (c) member of the advisory board; and (d) voting member. Cap 1040 s 8 Director to be indemnified Every director shall be indemnified by the corporation against liability for any acts of the corporation. Cap 1040 s 9 Amendments and alterations (1) The Schedule may be amended by resolution of the board with the prior approval of the advisory board. |
