### Consumer Council Ordinance 《消費者委員會條例》

10. Appointment of staff and advisers
(1) Subject to subsection (4), the Council shall appoint a person to hold office as its chief executive. (Amended 28 of 1985 s. 4)
(2) The Council may appoint such other employees as it thinks fit and, subject to subsection (4), determine all matters relating to their remuneration and terms and conditions of appointment or employment.
(3) The Council may engage the services of technical and professional advisers in such manner and on such terms and conditions as it thinks fit.
(4) The Council shall obtain the prior approval of the Chief Executive to—
(a) any appointment proposed to be made under subsection (1) and the terms and conditions thereof;
(b) the suspension or dismissal of its chief executive;
(c) the salary or salary scale (including allowances and other pecuniary benefits) and conditions of employment applicable to its chief executive and every other employee or class of employee, and any variation thereof. (Amended 28 of 1985 s. 4)
(5) No person shall be employed by the Council otherwise than on the salary or salary scale or on the conditions of employment applicable to that person approved by the Chief Executive under subsection (4).
(Amended 66 of 2000 s. 3)

11. Documents of Council
(1) The Council may make and execute all such documents as may be expedient for or conducive to the exercise and performance of its powers, functions and duties.
(2) The fixing of the seal of the Council to any document shall—
(a) be authorized by resolution of the Council; and
(b) be authenticated by the signatures of any 2 members authorized by resolution of the Council, either generally or specially, to act for that purpose.
(3) Any document purporting to be duly executed under the seal of the Council shall, unless the contrary is proved, be considered to be duly executed.
(4) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be in the form of a deed may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose.

12. Resources of Council
(1) The Chief Executive may, out of money appropriated for the purpose by the Legislative Council, authorize payment to the Consumer Council of such amounts as he thinks fit. (Amended 66 of 2000 s. 3)
(2) The resources of the Council shall consist of—
(a) all money received by the Council pursuant to subsection (1);
(b) money paid to the Council by way of donations, fees, subscriptions, rent and interest;
(c) all other money and property, including accumulations of income, received by the Council for its purposes.

### Consumer Council Ordinance 《消費者委員會條例》

13. Borrowing powers
The Council may, with the approval of the Financial Secretary, borrow or otherwise raise money and charge all or any part of its property as security therefor.

14. Investment of funds
All money of the Council that is not immediately required shall be invested—
(a) on fixed deposit in any bank or savings bank approved by the Financial Secretary, either generally or in any particular case, for the purpose; or
(b) in such other forms of investment as the Financial Secretary may approve.

15. Estimates
The Council shall in each financial year adopt estimates of income and expenditure for the ensuing financial year and, before a date to be appointed by the Secretary for Commerce and Economic Development, send them to the Chief Executive for his approval together with a programme of its proposed activities for the ensuing financial year.
(Amended 66 of 2000 s. 3; L.N. 125 of 2004; L.N. 130 of 2007)

### Consumer Council Ordinance 《消費者委員會條例》

16. Accounts, audit and annual report
(1) The Council shall keep proper accounts and proper records in relation thereto and shall within 3 months after the expiry of a financial year, or such further period as the Secretary for Commerce and Economic Development may allow, prepare a statement of the accounts of the Council, which statement shall include an income and expenditure account and a balance sheet. (Amended L.N. 125 of 2004; L.N. 130 of 2007)
(2) The Council shall, subject to subsection (3), appoint an auditor, who shall be entitled to have access at any time to all books of account, vouchers and other financial records of the Council and to require such information and explanations relating thereto as he thinks fit.
(3) The Council shall obtain the prior approval of the Secretary for Commerce and Economic Development to any appointment proposed to be made under subsection (2). (Amended L.N. 125 of 2004; L.N. 130 of 2007)
(4) The auditor shall, as soon as is practicable, audit the accounts required by subsection (1) and shall submit a report thereon to the Council.
(5) The Council shall within 3 months after the receipt by it of the auditor’s report in respect of its accounts for a financial year, or within such further period as the Secretary for Commerce and Economic Development may allow, furnish— (Amended L.N. 125 of 2004; L.N. 130 of 2007)
(a) a report on the affairs of the Council for that year;
(b) a copy of its accounts therefor; and
(c) the auditor’s report on the accounts,
to the Chief Executive who shall cause the same to be tabled in the Legislative Council. (Amended 66 of 2000 s. 3)

17. Council not servant or agent of the Government
The Council is not a servant or agent of the Government and does not enjoy any status, immunity or privilege of the Government.
(Amended 23 of 2002 s. 28)

18. Chief Executive may give directions
(1) The Chief Executive may, if he considers that the public interest so requires, give to the Council such directions as he thinks fit with respect to the exercise and performance by the Council of its powers, functions and duties under this Ordinance, either generally or in any particular case. (Amended 66 of 2000 s. 3)
(2) The Council shall comply with any direction given to it under subsection (1).

### Consumer Council Ordinance 《消費者委員會條例》

19. Protection of members of Council and committees
(1) No member or employee of the Council or of any committee of the Council shall be personally liable for any act done or default made—
(a) by the Council; or
(b) by any committee of the Council,
acting in good faith in the course of the operations of the Council or of the committee.
(2) The protection hereby conferred on members and employees of the Council or of a committee in respect of any act or default shall not in any way affect any liability of the Council for that act or default.

20. Prohibition of exploitation of the Council’s name for advertisement purposes
(1) No person shall, with a view to promoting or disparaging any goods, services or immovable property or promoting the image of any person, publish or cause to be published any advertisement which either expressly or by implication makes reference to—
(a) the Council;
(b) any committee, member, agent or employee of the Council;
(c) the Council’s publication or finding of tests or surveys conducted by or on behalf of the Council; or
(d) any other information published by the Council,
without written consent of the Council.
(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 6. (Amended E.R. 3 of 2021)
(3) For the purpose of subsection (1) advertisement (廣告) may be constituted by any words, whether written or spoken, or any picture, drawing, visual image, figure or article—
(a) appearing in any publication; or
(b) brought to the notice of the public or any section of the public in any other way.

(Replaced 5 of 1992 s. 5)