### Legislative Council (Powers and Privileges) Ordinance 《立法會(權力及特權)條例》

21. Journals to be admitted as evidence
(Amended 27 of 2021 s. 7)Upon any inquiry touching the privileges, immunities and powers of the Council or of any member— (Amended 27 of 2021 s. 7)
(a) any copy of the journals—
(i) printed or purporting to be printed by the Director of Government Logistics; or
(ii) printed or purporting to be printed by or under the authority of the Council; or
(b) any copy of the journals authenticated by the signature of the Clerk,
is to be admitted as evidence of such journals in all courts and places without further proof.
(Amended L.N. 164 of 2003; 27 of 2021 s. 7)

22. Powers of President supplementary to powers under the Basic Law
The powers of the President under this Ordinance shall be supplementary to any powers conferred on him by the Basic Law.
(Amended 71 of 2000 s. 3)

23. Courts not to exercise jurisdiction in respect of acts of the Council, President or officers
The Council, the President or any officer of the Council shall not be subject to the jurisdiction of any court in respect of the lawful exercise of any power conferred on or vested in the Council, the President or such officer by or under this Ordinance or the Rules of Procedure.
(Amended 71 of 2000 s. 3)

24. Officers of the Council to have powers of police officer
Within the precincts of the Chamber, every officer of the Council shall, for the purposes of this Ordinance and of the application of the criminal law, have all the powers and enjoy all the privileges of a police officer.

25. President may act when the Council is dissolved
For the purposes of this Ordinance, the President may exercise the powers conferred on him by this Ordinance even though the Council has been dissolved.

26. Consent of Secretary for Justice to prosecute
No prosecution for an offence under this Ordinance shall be instituted except with the consent of the Secretary for Justice.
(Amended L.N. 362 of 1997)

27. Sittings of Council or committee may be conducted remotely
(1) The Council may, by a resolution passed at a physical sitting of the Council, authorize that during a specified period, sittings of the Council or a committee may be conducted remotely in accordance with the Rules of Procedure by the virtual, digital or electronic means determined by the Council.
(2) The President may designate a place or places for a sitting conducted remotely pursuant to an authorization under subsection (1) (remote sitting

### Protection of Wages on Insolvency Ordinance 《破產欠薪保障條例》

1. Short title
This Ordinance may be cited as the Protection of Wages on Insolvency Ordinance.

### Protection of Wages on Insolvency Ordinance 《破產欠薪保障條例》

3. Establishment and incorporation of Wages on Insolvency Fund Board
(1) There is hereby established a board to be known as the Protection of Wages on Insolvency Fund Board and in the Chinese language as “破產欠薪保障基金委員會” which shall be a body corporate.
(2) The Board shall consist of a Chairman appointed under the Schedule and not more than 10 members appointed by the Chief Executive as follows— (Amended 54 of 2000 s. 3)
(a) subject to paragraph (b) not more than 4 public officers;
(b) equal numbers of persons who, in his opinion, represent employers and persons who, in his opinion, represent employees.
(3) The Chief Executive shall give notice of each appointment by notice in the Gazette. (Amended 54 of 2000 s. 3)
(4) The Schedule shall have effect with respect to the Board.

4. Functions and powers of the Board
(1) The Board shall have the following functions—
(a) to administer the Fund;
(b) to make recommendations to the Chief Executive with respect to the rate of levy; and (Amended 54 of 2000 s. 3)
(c) to perform such other duties as are imposed or other powers as are conferred on it by this Ordinance.
(2) The Board may do all such things as are necessary for, or incidental or conducive to, the better carrying out of the functions of the Board and may in particular, but without prejudice to the generality of the foregoing—
(a) hold, acquire or lease all kinds of property whether movable or immovable;
(b) sell or otherwise dispose of all kinds of property whether movable or immovable;
(c) subject to section 10, invest its funds in such manner and to such extent as it thinks necessary or expedient; and
(d) with the prior consent of the Financial Secretary, borrow money in such manner and on such securities or terms as it thinks expedient.

5. Board to be subject to directions of the Chief Executive in Council
The Chief Executive in Council may give to the Board such directions as he thinks fit with respect to the exercise of its functions under this Ordinance and the Board shall comply with any such direction.
(Amended 54 of 2000 s. 3)

### Protection of Wages on Insolvency Ordinance 《破產欠薪保障條例》

6. Establishment of Protection of Wages on Insolvency Fund
The fund known as the Protection of Wages on Insolvency Fund established under the provisions of section 21 of the Business Registration Ordinance (Cap. 310) in force immediately before the commencement of this Ordinance shall be deemed to be established and continue in existence under this section, and shall consist of—
(a) moneys that are paid by the Commissioner of Inland Revenue under that section whether paid before or after the commencement of this Ordinance;
(b) moneys recovered under Part 6;
(c) interest and other income derived from the moneys and investments comprising the Fund; and
(d) other moneys lawfully paid into the Fund.
(Amended E.R. 2 of 2012)

7. Payments from the Fund
There shall be paid from the Fund the following—
(a) payments to applicants under section 16;
(b) expenses incurred by the Board for the purposes of this Ordinance;
(c) capital, interest and charges in respect of any loan; and
(d) any other sums required or permitted to be paid by the Fund under this Ordinance.

8. Financial year and estimates
(1) The Board may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the Fund.
(2) In each financial year, before a date to be fixed by the Chief Executive, the Board shall submit to the Chief Executive, for his approval, estimates of the income and expenditure of the Fund for the next financial year:

Provided that the estimates for the first financial year of the Fund shall be submitted as soon as practicable after the commencement of this Ordinance.
(3) The Chief Executive shall consider the estimates submitted to him under subsection (2) and may approve or reject them and, in the case of rejection, may require the Board to resubmit the estimates modified in such manner and within such time as the Chief Executive may direct.
(4) The Board may, from time to time, vary the estimates approved under subsection (3) and shall, as soon as practicable, deliver to the Chief Executive a statement in writing containing details of any variation.
(Amended 54 of 2000 s. 3)

9. Bank account
The Board shall open and maintain an account with a bank approved by the Financial Secretary and shall pay all moneys of the Fund into that account.