### Hong Kong Science and Technology Parks Corporation Ordinance 《香港科技園公司條例》

1. Short title
(Amended E.R. 5 of 2022)(1) This Ordinance may be cited as the Hong Kong Science and Technology Parks Corporation Ordinance.
(2) (Omitted as spent—E.R. 2 of 2014)

2. Interpretation
In this Ordinance—
#appointed day (指定日期) means the day on which Part VII comes into operation;
Board (董事局) means the Board of Directors referred to in section 4(1);
Chairman (主席) means the Chairman of the Board;
Chief Executive Officer (行政總裁) means the person appointed under section 14(1)(a) to be the Chief Executive Officer of the Corporation;
committee (委員會) means a committee established under section 9(1);
Corporation (科技園公司) means the body established by section 3(1);
function (職能) includes a power and a duty;
HKIEC (工業邨公司) means The Hong Kong Industrial Estates Corporation established by section 3(1) of the Hong Kong Industrial Estates Corporation Ordinance (Cap. 209);
HKITCC (工業科技中心公司) means the Hong Kong Industrial Technology Centre Corporation established by section 3(1) of the Hong Kong Industrial Technology Centre Corporation Ordinance (Cap. 431);

land (土地) includes, where applicable—
(a) the foreshore and seabed;
(b) any buildings and structures erected on land; and
(c) any interest in land;

perform (執行), in relation to a function which is—
(a) a power, includes exercise;
(b) a duty, includes discharge;

PHKSPCL (臨時科學園公司) means the company incorporated, and registered by the name “Provisional Hong Kong Science Park Company Limited”, under the relevant Ordinance; (Amended 28 of 2012 ss. 912 & 920)
relevant Ordinance (《有關條例》) means the Companies Ordinance (Cap. 32) as in force from time to time before the commencement date* of section 2 of Schedule 9 to the Companies Ordinance (Cap. 622); (Added 28 of 2012 ss. 912 & 920)
Secretary (司長) means the Financial Secretary;
specified premises (指明處所) means any premises set out in Schedule 1.

Editorial Note:     # Appointed day: 7 May 2001.  * Commencement date: 3 March 2014. 

### Hong Kong Science and Technology Parks Corporation Ordinance 《香港科技園公司條例》

3. Establishment of Corporation
(1) There is established a body to be known in the English language as the “Hong Kong Science and Technology Parks Corporation” and in the Chinese language as “香港科技園公司”.
(2) The Corporation shall be a body corporate and shall be able to sue and be sued.
(3) The Corporation is neither a servant nor an agent of the Government and it does not enjoy any status, immunity or privilege of the Government.

4. Establishment of Board of Directors
(1) The Corporation shall have a Board of Directors.
(2) The Board shall be the governing body of the Corporation with authority, in the name of the Corporation, to perform the functions of the Corporation.
(3) The provisions contained in Schedule 2 shall apply to the Board.
(4) The Chief Executive in Council may by notice published in the Gazette amend Schedule 2.

5. Seal of Corporation
(1) The Corporation shall provide itself with a corporate seal.
(2) The affixing of the corporate seal of the Corporation shall be authenticated by the signatures of 2 members of the Board.
(3) The corporate seal of the Corporation shall be affixed only with the authority of a resolution of the Board.
(4) Any document purporting to be duly executed under the corporate seal of the Corporation shall, unless the contrary is proved, be deemed to have been duly executed.
(5) A contract or an instrument which, if entered into or executed by an individual, would not require to be under seal, may be entered into or executed on behalf of the Corporation by a person generally or specially authorized for that purpose by the Board.

6. Purposes of Corporation
(1) The purposes of the Corporation are—
(a) to establish or develop any premises where activities related to the purposes prescribed in paragraph (b), (c) or (d) are, or are to be, carried out, and to manage and control the land and other facilities comprised in such premises;
(b) to facilitate the research and development and application of technologies in manufacturing and service industries in Hong Kong;
(c) to support the development, transfer and use of new or advanced technologies in Hong Kong;
(d) to engage in such activities or to perform such functions as the Chief Executive in Council may, after consultation with the Corporation, permit or assign to it by order published in the Gazette.
(2) An order under subsection (1)(d) is subsidiary legislation.

7. Commercial principles
The Corporation shall conduct its business according to prudent commercial principles.

### Hong Kong Science and Technology Parks Corporation Ordinance 《香港科技園公司條例》

9. Establishment of committees
(1) The Board may establish such committees as it considers appropriate for the purposes of the Corporation.
(2) The Board may determine the composition, functions and procedures of a committee.

10. Disclosure of interest
(1) As soon as practicable after appointment to membership, and when occasion requires after the appointment, a member of the Board or a committee shall declare to the Board in such manner as is for the time being determined by the Board (whether by standing orders or otherwise) any interest of his which is of a class or description so determined.
(2) (a) Where a member of the Board or a committee is in any way directly or indirectly interested in a contract made or proposed to be made by the Corporation, or in any other matter whatsoever which is to be considered or determined by the Board or committee (as the case may be), he shall—
(i) disclose to the relevant meeting of the Board or committee (as the case may be) the nature of his interest (and such disclosure shall be recorded in the minutes of the meeting);
(ii) withdraw from the meeting while the matter is being discussed or considered, unless—
(A) if he is not the person presiding at the meeting, he is permitted to take part in such discussion or consideration by the person so presiding; or
(B) if he is the person so presiding, a majority of the other members present at the meeting decide so to permit him;
(iii) not vote, or otherwise act (apart from, where appropriate, acting pursuant to subparagraph (ii)) as a member of the Board or committee (as the case may be) in relation to the matter; and
(iv) neither influence nor seek to influence a decision of the Board or committee (as the case may be) as regards the matter otherwise than in accordance with subparagraph (ii).
(b) Where a disclosure is made under paragraph (a) and the person concerned is not required to withdraw from the relevant meeting, then for so long as the matter to which the disclosure relates is being discussed or otherwise considered at such meeting the presence of the person by whom the disclosure was made shall be disregarded for the purposes of forming a quorum for the meeting.
(c) The validity of any proceeding of the Board or a committee shall not be affected by the failure by a member of the Board or committee to comply with a provision of this section.
(3) The Corporation shall establish and maintain a register (the register