### Hong Kong Arts Centre Ordinance 《香港藝術中心條例》

21. Election by members of the Centre to be members of the Board
(1) The Board shall, within 6 months after the commencement* of this Ordinance and thereafter whenever the need arises, cause an election to be held—
(a) to elect 2 individual members of the Centre to be members of the Board for the purpose of section 9(2)(e); and
(b) to elect 2 organization members of the Centre to be members of the Board for the purpose of section 9(2)(f).
(2) The procedure at elections under subsection (1) shall be determined by the Board.

Editorial Note:
* Commencement date: 1 April 1986.

22. Creation and functions of committees
(1) The Board may create, and appoint the members of, such committees for any general or special purposes as it thinks fit and any such committee may include persons who are not members of the Board.
(2) The chairman of a committee created under subsection (1) shall be appointed by the Board and the number of members of a committee shall be determined by the Board.
(3) Subject to the directions of the Board and any rules made under section 29, a committee created under subsection (1) may determine its own procedure for its meetings.
(4) The proceedings of any committee created under subsection (1) shall not be invalidated by any vacancy in the membership of the committee, or by any defect in the appointment of any member thereof.

23. Programme and estimates
(1) The Board shall prepare and approve in respect of each financial year of the Centre a programme of its proposed activities and estimates of its income and expenditure.
(2) The financial year of the Centre shall be fixed by the Board.

24. Accounts
(1) The Board shall maintain proper accounts and records of all income and expenditure.
(2) As soon as possible after the end of each financial year of the Centre the Board shall cause to be prepared statements of income and expenditure relating to the previous financial year and of the assets and liabilities of the Centre on the last day thereof.

25. Auditors
(1) The Board shall appoint an auditor who shall be entitled at any time—
(a) to have access to such books of account, vouchers and other records of the Centre; and
(b) to require such information and explanation,
as he considers necessary to discharge his functions.
(2) The auditor shall audit the statements prepared under section 24(2) and shall report thereon to the Board.

### Hong Kong Arts Centre Ordinance 《香港藝術中心條例》

26. Particulars to be delivered to the Registrar of Companies
(1) Within 30 days after the commencement* of this Ordinance, the Secretary of the Board shall deliver to the Registrar of Companies for registration—
(a) notice in writing of the address of the Centre;
(b) a list containing the names and addresses of the members of the Board;
(c) the name and address of the Executive Director. (Amended 59 of 2000 s. 3)
(2) Within 30 days after any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the Secretary of the Board shall deliver notice of the change to the Registrar of Companies for registration.
(3) Not later than 6 months after the end of each financial year of the Centre a statement of income and expenditure during that financial year and of the assets and liabilities of the Centre on the last day of that financial year prepared under section 24(2), and the report of the auditor thereon made under section 25(2), shall be delivered by the Secretary of the Board to the Registrar of Companies for registration.
(4) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) for the inspection of a document. (Amended 28 of 2012 ss. 912 & 920)
(5) The Centre shall pay such fees for registering any document under this section as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) in respect of a company not having a share capital. (Amended 28 of 2012 ss. 912 & 920)

Editorial Note:
* Commencement date: 1 April 1986.

### Hong Kong Arts Centre Ordinance 《香港藝術中心條例》

27. Unauthorized use of title of Centre
(1) No person shall incorporate or form, or be a director, office bearer or organizer of, or work in connexion with, or be a member of, any company, body corporate, firm or organization which, without the written authority of the Centre—
(a) purports or holds itself out to be—
(i) the Centre or any branch or part thereof; or
(ii) connected or associated with the Centre in any manner whatsoever; or
(b) uses the title “Hong Kong Arts Centre” or “香港藝術中心” or a title in any language which so closely resembles the title “Hong Kong Arts Centre” or “香港藝術中心” as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is—
(i) the Centre or any branch or part thereof; or
(ii) connected or associated with the Centre in any manner whatsoever.
(2) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 3. (Amended E.R. 2 of 2014)

### Hong Kong Arts Centre Ordinance 《香港藝術中心條例》

28. By-laws
(1) The Board may, under its common seal, make by-laws not inconsistent with this Ordinance for the better management of the Centre and in particular, but without prejudice to the generality of the foregoing, may by such by-laws provide for—
(a) the management and control, including the closing or partial closing, of the premises;
(b) the fixing of the times or occasions during which the premises or any part thereof may be open to any class of persons;
(c) the regulation of the conduct of persons in or on the premises or any part thereof, including—
(i) authorizing the removal from the premises of any person by an employee of the Centre, or by a police officer on the request of any such employee;
(ii) requiring any person to give his name and address to any such employee or police officer; and
(iii) authorizing any such employee to arrest without a warrant and detain a person until he can be taken into custody by a police officer,
where such employee has reasonable grounds to believe that the person has committed or is about to commit an offence under the by-laws made under this section;
(d) the authorization of a police officer to take into custody without a warrant any person arrested by an employee of the Centre and to apply sections 51 and 52 of the Police Force Ordinance (Cap. 232);
(e) the control (including prohibition) of trading, advertising or the erection of structures in or on the premises; the removal, storage and sale of any trading, advertising or construction materials that are brought into or remain in or on the premises in contravention of any by-law made under this section, the recovery of any costs incurred in respect of such removal, storage and sale, and the forfeiture of the proceeds of such sale;
(f) the general regulation and management of the premises and of any facility, equipment or fitting provided therein.
(2) Any by-law made under this section may provide that a contravention of specified provisions thereof shall be an offence and may prescribe penalties therefor not exceeding a fine at level 1 and imprisonment for 3 months. (Amended E.R. 1 of 2022)
(3) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions under any by-law made under this section may be brought in the name of the Centre. (Amended L.N. 362 of 1997)
(4) In this section premises (處所) means any premises or land of the Centre.