### Hospital Authority Ordinance 《醫院管理局條例》

3. Establishment of the Authority
(1) There is hereby established a body corporate to be called the “Hospital Authority”. (Amended E.R. 4 of 2020)
(2) The Authority shall have perpetual succession and a common seal and shall be capable of suing and being sued.
(3) The Chief Executive shall appoint as members of the Authority— (Amended 60 of 2000 s. 3)
(a) a Chairman, not being a public officer;
(b) not more than 3 public officers;
(c) not more than 4 principal officers; and
(d) not more than 23 other members, not being public officers.
(4) The members of the Authority shall form its governing body with authority, in the name of the Authority, to perform the functions and exercise the powers of the Authority.
(5) The relevant provisions of Schedule 3 shall have effect with respect to the Authority and its members.
(6) The Authority shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.
(7) Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to the Authority and appointments to the Authority except in so far as it is inconsistent with the provisions of this Ordinance.
(8) Every appointment under subsection (3) shall be notified in the Gazette.

### Hospital Authority Ordinance 《醫院管理局條例》

4. Functions of the Authority
The Authority shall—
(a) in accordance with the provisions of this Ordinance and the relevant agreements referred to in section 5(a) entered into, manage and control public hospitals;
(b) advise the Government of the needs of the public for hospital services and of the resources required to meet those needs;
(c) manage and develop the public hospitals system in ways which are conducive to achieving the following objectives—
(i) to use hospital beds, staff, equipment and other resources efficiently to provide hospital services of the highest possible standard within the resources obtainable;
(ii) to improve the efficiency of hospital services by developing appropriate management structures, systems and performance measures;
(iii) to improve the environment in public hospitals to meet the needs of patients;
(iv) to attract, motivate and retain qualified staff;
(v) to encourage public participation in the operation of the public hospitals system; and
(vi) to ensure accountability to the public for the management and control of the public hospitals system;
(d) recommend to the Secretary for Health, for the purposes of section 18, appropriate policies on fees for the use of hospital services by the public, having regard to the principle that no person should be prevented, through lack of means, from obtaining adequate medical treatment; (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(e) establish, and assist others to establish, public hospitals;
(f) promote, assist and take part in—
(i) the education and training of persons involved or to be involved in hospital services or other services relevant to the health of the public; and 
(ii) research relating to hospital services;
(g) perform such other functions as are imposed on it under this Ordinance or any other enactment; and
(h) apply its resources towards the performance of its functions specified or referred to in this section, in particular the promotion, development and maintenance of hospital services.

### Hospital Authority Ordinance 《醫院管理局條例》

6. Delegations
(1) Subject to subsection (2), the Authority may, with or without restrictions as it thinks fit, delegate in writing any of its functions or powers to—
(a) any member of the Authority;
(b) any committee;
(c) any employee of the Authority;
(d) any public officer who is working in a public hospital;
(e) any employee referred to in section 5(a) the management and control of whom have been vested in the Authority under an agreement referred to in that section; or
(f) any other person, or class of persons, specified by the Chief Executive, by notice in the Gazette, for the purposes of this section. (Amended 60 of 2000 s. 3)
(2) The Authority shall not delegate any of its functions or powers under—
(a) Part III (except that its power under section 8(1) may be delegated to a Hospital Governing Committee subject to the restriction that it shall only be exercised in relation to the public hospital for which it is established);
(b) this section or section 13, 18 or 21; or
(c) such provisions of Schedule 3 which are specified in that Schedule as functions or powers which the Authority shall not delegate.
(3) Subject to the terms of the relevant delegation of the Authority or to any directions of the Authority, a delegate of the Authority—
(a) shall perform the delegated functions and may exercise the delegated powers as if it were the Authority itself; and
(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

7. Resources of the Authority, etc.
(1) The resources of the Authority shall consist of—
(a) all money—
(i) paid by the Government to the Authority and appropriated for that purpose by the Legislative Council; and
(ii) otherwise provided to the Authority by the Government; and
(b) all other money and property, including gifts, donations, fees, rent, interest and accumulations of income received by the Authority.
(2) The Secretary for Financial Services and the Treasury may give directions in writing of a general or specific character to the Authority in relation to the amount of money which may be expended by the Authority in any financial year and the Authority shall comply with those directions. (Amended L.N. 106 of 2002)

### Hospital Authority Ordinance 《醫院管理局條例》

8. Borrowing powers
(1) Subject to subsection (2), the Authority may borrow by way of overdraft such money as it may require for meeting its obligations or performing its functions under this Ordinance.
(2) The Secretary for Health may give directions in writing of a general or specific character to the Authority in relation to the amount of money which may be borrowed under subsection (1) and the Authority shall comply with those directions. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(3) The Authority may with the approval of the Secretary for Health borrow, otherwise than by way of overdraft, such money as it may require for meeting its obligations or performing its functions under this Ordinance. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(4) A person lending money to the Authority shall not be concerned to inquire whether the borrowing of the money is legal or regular or whether the money raised has been properly applied and shall not be prejudiced by any illegality or irregularity or by misapplication or non-application of the money.

9. Investment of surplus funds
(1) Subject to subsection (2), the Authority may invest money that is not immediately required.
(2) The Authority shall not invest money pursuant to subsection (1) except in such forms of investment as the Secretary for Health approves. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)