### Hong Kong Arts Development Council Ordinance 《香港藝術發展局條例》

6. Employees, etc. of the Council
(1) The Council shall appoint a person to be the executive officer to perform the function of leading and managing the facilities and staff of the Council and of representing the Council to and dealing with other persons and bodies in the ordinary course of the day-to-day business and functions of the Council that the Council considers do not require the involvement of the Chairman, Vice-chairman, any member of the Council or any committee of the Council.
(2) The executive officer is the principal executive officer of the Council and shall, under the direction of the Council, do all acts and things necessary for implementing the decisions of the Council or of any committee to which or person to whom the Council may have delegated the performance or exercise of any of its functions, powers or duties under this Ordinance.
(3) The Council may appoint or employ other persons and engage the services of technical or professional advisers, on terms of remuneration, benefits, allowances and other conditions of service that the Council considers appropriate.
(4) The Council may make or provide ex gratia payments to any employee of the Council, or to the personal representative of a deceased employee or to any other person who was dependent on an employee at his death.

7. Delegation
(1) The Council may, subject to any restriction or condition it considers appropriate, delegate in writing any of its functions, powers or duties to any person or committee, except—
(a) the appointment of the executive officer;
(b) a function or duty under section 12, 15 or 18;
(c) the power to establish any committees or the appointment of members to a committee; and
(d) the power to delegate.
(2) In the absence of proof to the contrary, a committee or a person or group of persons to whom a delegation is made under this section shall be presumed to be acting in accordance with the terms of the delegation.
(3) A delegation under this section does not preclude the performance or the exercise by the Council of any function, power or duty to which the delegation relates.

8. Capital of the Council
(1) Each financial year the Chief Executive may, out of money appropriated by the Legislative Council, authorize payment to the Council of an amount of money that he thinks fit for the purpose of assisting the Council to carry out its functions. (Amended 59 of 2000 s. 3)
(2) The capital of the Council consists of—
(a) all money received by the Council for or in connection with the carrying out of its functions;
(b) all money received by the Council as gifts, donations, fees, rent, interest and accumulations of income received by the Council; and
(c) all property and assets acquired by the Council.

### Hong Kong Arts Development Council Ordinance 《香港藝術發展局條例》

9. Use of surplus funds
All money of the Council which is not immediately required shall be deposited with any bank licensed under the Banking Ordinance (Cap. 155) or invested in other investments that may be approved by the Financial Secretary, either generally or in any particular case.

10. Council may borrow
(1) Subject to terms and conditions that may be required by the Financial Secretary, the Council may raise and secure a loan or loans, chargeable and payable out of the capital of the Council, of amounts of money that may be required for any capital expenditure of the Council or for the repayment of any loan previously raised.
(2) The Council may, with the approval of or in accordance with the terms of any general authority given by the Financial Secretary, borrow by way of overdraft or otherwise, amounts of money that may be required for discharging the obligations, performing the functions or exercising the powers conferred and imposed on the Council under this Ordinance.

11. Programmes and estimates
(1) The Council shall submit to a person nominated by the Chief Executive, at the time and in respect of the periods that the Chief Executive may direct, a programme of its proposed activities and estimates of its income and expenditure. (Amended 59 of 2000 s. 3)
(2) The Council may from time to time revise the programme of its proposed activities and estimates of its income and expenditure.

12. Accounts and statements
The Council shall maintain proper accounts and records in relation to its accounts and transactions and shall, as soon as practicable and in any case not later than 5 months after the close of each financial year, prepare in respect of that financial year, a statement of accounts of the Council, which shall include an income and expenditure account and a balance sheet and be signed by the Chairman and the executive officer.

13. Auditor
(1) The Council shall appoint an auditor, who shall be entitled at any reasonable time—
(a) to have access to all books of accounts, vouchers and other records of the Council; and
(b) to require information and explanations that he considers necessary to discharge his functions.
(2) The auditor shall, as soon as practicable and in any case not later than 7 months after the close of each financial year, audit the accounts required to be maintained under section 12 and shall submit a report on the accounts to the Council.

### Hong Kong Arts Development Council Ordinance 《香港藝術發展局條例》

14. Examinations by Director of Audit
(1) The Director of Audit may, in respect of any financial year, carry out examinations into the economy, efficiency and effectiveness with which the Council has used its capital in carrying out its functions, powers and duties.
(2) The Director of Audit may at any reasonable time—
(a) have access to documents in the custody or under the control of the Council that he may reasonably require for carrying out an examination under this section; and
(b) require from any person holding or accountable for a document any information or explanation that he considers to be reasonably necessary for the purpose of examination.
(3) This section does not entitle the Director of Audit to question the merits of the functions or policy objectives of the Council.
(4) The Director of Audit may report to the President of the Legislative Council the results of an examination carried out under this section.

15. Annual report
The Council shall, not later than 9 months or a longer time that the Chief Executive may determine, after the close of each financial year submit—
(a) a report on the activities and affairs of the Council for that year;
(b) a copy of its statement of the accounts for that year; and
(c) the auditor’s report on the accounts,
to the Chief Executive who shall cause such statement and reports to be laid on the table of the Legislative Council not later than 3 months after the receipt of such statement and reports by the Chief Executive.
(Amended 59 of 2000 s. 3)

16. Directions by the Chief Executive
The Chief Executive may, if he considers the public interest so requires, give to the Council directions in writing, not inconsistent with its functions and powers under this Ordinance, with respect to the carrying out of its functions, powers or duties, either generally or in any particular case, and the Council shall comply with those directions.
(Amended 59 of 2000 s. 3)

17. Protection of members, employees, etc.
(1) A member or employee of the Council or of any committee of the Council acting in good faith is not personally liable for any act done or default made—
(a) by the Council;
(b) by a committee of the Council; or
(c) by the member or employee,
in the carrying out or purported carrying out of the functions, powers or duties under this Ordinance.
(2) The protection conferred under subsection (1) on members or employees of the Council or of any committee of the Council does not affect any liability of the Council for that act or default.

### Hong Kong Arts Development Council Ordinance 《香港藝術發展局條例》

18. Rule making powers of the Council
(1) The Council may make rules for the better carrying out of the functions of the Council and the provisions of this Ordinance.
(2) Without affecting the generality of subsection (1) the rules may provide for the regulation of—
(a) the procedures governing meetings of the Council and any committee;
(b) the conditions and terms of employment and the welfare of persons employed or engaged by the Council; and
(c) financial procedures.

20. (Omitted as spent—E.R. 2 of 2014)