### Queen Elizabeth Foundation for the Mentally Handicapped Ordinance 《伊利沙伯女皇弱智人士基金條例》

7. Appointment of committees
(1) The Council may by resolution establish one or more committees to advise it on all or any of its functions under this Ordinance and may appoint persons to be members of such committees.
(2) A person may be appointed to be a member of a committee whether or not he is a member of the Council.
(3) Subject to section 11 and to any direction given by the Council, every committee may regulate its own procedure.

8. Employment of assistants and advisers
The Council may, in the name and on behalf of the Foundation, employ—
(a) one or more persons to assist it in the performance of its functions; and
(b) one or more professional persons or financial institutions to advise it on any matter arising out of or in connection with its functions under this Ordinance or to manage the investment of the Foundation assets in accordance with such general or specific directions as the Council may give in writing from time to time. (Amended 58 of 1991 s. 3)

9. Payment of fees and expenses
(1) Any member of the Council or of any committee who is required to travel to or in Hong Kong or elsewhere for the purpose of attending any meeting of the Council or of that committee, shall be paid out of Foundation income reasonable travelling and accommodation expenses in connection with such attendance.
(2) The salaries, fees and expenses of any person or institution employed by the Council under section 8 shall be determined by the Council and paid out of Foundation income.

10. Appointments by the Chief Executive
(1) A person appointed by the Chief Executive under this Ordinance—
(a) shall hold office at the discretion of the Chief Executive;
(b) subject to paragraph (a), shall hold office for such period as may be specified in the terms of the appointment;
(c) may resign by giving notice in writing to the Chief Executive.
(2) A person appointed by the Chief Executive under this Ordinance whose appointment expires or who resigns may be re-appointed by the Chief Executive.
(3) The Chief Executive shall give notice in the Gazette of every appointment made by him under this Ordinance.
(Amended 18 of 1999 s. 3)

### Queen Elizabeth Foundation for the Mentally Handicapped Ordinance 《伊利沙伯女皇弱智人士基金條例》

11. Transaction of business and regulation of procedures
(1) Meetings of the Council shall be held at such times and places as may be appointed by the Chairman, who shall preside at all such meetings.
(2) If the Chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or for any other reason, he may nominate a member of the Council to perform those functions in his place, and failing such nomination, the Chief Executive shall appoint a member of the Council to act as Chairman for that period. (Amended 18 of 1999 s. 3)
(3) The Council and any committee may transact any of its business by circulation of papers, and for that purpose a resolution in writing which is approved in writing by a majority of members shall be as valid and effectual as if it had been passed at a meeting of the Council or of that committee, as the case may be.
(4) With the exception of section 53, Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply in relation to the Council and any committee.
(5) Subject to this section, the Council may regulate its own procedure.

12. Accounts
(1) The Council shall—
(a) keep such accounts and records of the financial transactions of the Foundation as the Director of Accounting Services may require; and
(b) prepare for each financial year a statement of the accounts of the Foundation, which statement shall include an income and expenditure account and a balance sheet and be signed by the Chairman of the Council.
(2) The statement of the accounts of the Foundation, signed as required by subsection (1)(b), shall be submitted by the Chairman of the Council to the Director of Audit within 6 months from the end of the financial year to which it relates, or within such longer period as the Chief Executive may determine. (Amended 18 of 1999 s. 3)
(3) The accounts of the Foundation and the signed statement of the accounts shall be audited by the Director of Audit who shall certify such statement subject to any report he may think fit to make.

### Queen Elizabeth Foundation for the Mentally Handicapped Ordinance 《伊利沙伯女皇弱智人士基金條例》

13. Reports
There shall be laid on the table of the Legislative Council on or before 31 December following the end of each financial year or by such later date as the Chief Executive may determine—
(a) a copy of the statement of the accounts of the Foundation, signed as required by section 12(1), together with the Director of Audit’s certificate and report, if any, as provided for by section 12(3);
(b) a report by the Council on its activities on behalf of the Foundation during that financial year; and
(c) such report, if any, as the Chief Executive may see fit to make on the accounts or reports referred to in paragraphs (a) and (b).
(Amended 18 of 1999 s. 3)

14. Cost of administering the Foundation
Where during any financial year the Government provides administrative services for the Foundation—
(a) any costs incurred by the Government in providing such services shall be a charge on the general revenue;
(b) if the Financial Secretary so directs, an administration fee to be determined by him, but not exceeding 2 1/2 per cent of Foundation income in that financial year, shall be paid out of Foundation income to the general revenue.

### Complex Commercial Crimes Ordinance 《複雜商業罪行條例》

1. Short title
This Ordinance may be cited as the Complex Commercial Crimes Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
court (法院) means the Court of First Instance acting in the exercise of its criminal jurisdiction; (Amended 25 of 1998 s. 2)
defence response (答辯書) has the meaning given to it in section 16;
judge (法官) means a judge or a deputy judge of the court;
order of transfer (移交令) means an order made under section 4 transferring proceedings to the court;
preparatory hearing (預審) means a preparatory hearing under Part III;
prosecution case statement (檢控論據書) has the meaning given to it in section 13;
Registrar (司法常務官) means the Registrar of the High Court. (Amended 25 of 1998 s. 2)

3. Application for transfer
(1) Where—
(a) a person is accused before a magistrate of an indictable offence; and
(b) the Secretary for Justice is of the opinion that the evidence of the offence—
(i) would be sufficient for the accused to be committed for trial; and
(ii) reveals a case of fraud or dishonesty in a commercial context, of such seriousness and complexity that it is appropriate that it be transferred to the court pursuant to this Ordinance,
the Secretary for Justice may apply to the magistrate for an order of transfer.
(2) In an application under subsection (1), the Secretary for Justice may also apply to have other indictable offences alleged against the accused which do not fall within subsection (1)(b)(ii) transferred to the court as part of the same proceedings.
(3) An application under this section may not be made after the accused has been asked, under section 80C(1) of the Magistrates Ordinance (Cap. 227), whether or not he elects to have the charge against him heard at a preliminary inquiry under that Ordinance.
(Amended L.N. 362 of 1997)

4. Order of transfer
(1) Upon the making of an application under section 3 the magistrate shall make an order (an order of transfer

5. No appeal against or questioning of decision or order
Neither a decision of the Secretary for Justice to apply for an order of transfer nor an order of transfer shall be subject to appeal or liable to be questioned in any court.
(Amended L.N. 362 of 1997)