### Housing Ordinance 《房屋條例》

3. Establishment and constitution of the Housing Authority
(1) There is hereby established a Housing Authority to be known as “the Hong Kong Housing Authority”.
(2) The Authority shall consist of—
(a) the Director of Housing; (Amended 16 of 1988 s. 2)
(b) such number of persons, other than public officers as the Chief Executive may appoint; (Amended 15 of 1982 s. 3)
(c) such number of public officers, not exceeding 3, as the Chief Executive may appoint. (Amended 16 of 1988 s. 2; 44 of 2000 s. 3)
(3) The Chief Executive shall appoint— (Amended 44 of 2000 s. 3)
(a) one of the persons appointed under subsection (2)(b) or (c) as the Chairman of the Authority; and (Amended 8 of 2003 s. 2)
(b) one of the persons referred to in subsection (2) as the Vice-Chairman of the Authority. (Replaced 16 of 1988 s. 2)
(4) The members of the Authority, other than public officers, shall be appointed for a period of 2 years and shall be eligible for reappointment.
(5) Any member of the Authority who is not a public officer may at any time by notice in writing to the Chief Executive resign from the Authority. (Amended 44 of 2000 s. 3)
(6) 9 members of the Authority shall form a quorum at any meeting of the Authority. (Amended 16 of 1988 s. 2)
(7) At any meeting of the Authority, the Chairman or, in his absence, the Vice-Chairman, or, in the absence of both of them, such member as the members present shall select, shall preside.
(8) The Chairman or the person presiding in his absence shall have a vote on all matters coming before the Authority; and in the case of an equality of votes he shall also have a casting vote.
(9) Subject to this Ordinance, the Authority may make rules regulating the procedure at meetings of the Authority or of any committee appointed under section 7.

### Housing Ordinance 《房屋條例》

5. Property vested in the Government
The Chief Executive may, by order, vest in the Authority the control and management of any property which is vested in the Government.
(Amended 29 of 1998 s. 105; 44 of 2000 s. 3)

5A. Transfer of assets and liabilities to Authority
The assets and liabilities accounted for in the Home Ownership Fund as at 31 March 1988 shall, on 1 April 1988, become assets and liabilities of the Authority.
(Added 16 of 1988 s. 4)

6. Incorporation
The Authority shall be a body corporate with perpetual succession and a common seal and, for the purposes of this Ordinance, with a capacity to acquire and hold land and to sue and be sued in the corporate name of the Authority.
(Amended 74 of 1974 s. 3)

6A. Staff of Authority
(1) The Authority may appoint persons to be its officers or other employees.
(2) Each of the Authority’s officers and the other employees shall, as regards their employment, be paid such remuneration and allowances and shall hold their offices or employment on such other terms and conditions as the Authority may determine.
(3) The Authority may from time to time engage such consultants or advisers as it may consider necessary or expedient.
(4) For the avoidance of doubt, the Authority shall be deemed always to have had the powers conferred on it by subsections (1) and (2). (Amended E.R. 6 of 2019)
(Added 24 of 1995 s. 3)

7. Committees
(1) The Authority may appoint committees for the better discharge of its functions under this Ordinance. (Amended 16 of 1993 s. 3)
(2) (Repealed 16 of 1993 s. 3)(3) A committee appointed under this section may include persons who are not members of the Authority. (Amended 82 of 1984 s. 2)

7A. Appeal panel and tribunals
(1) For the purpose of hearing appeals under section 20(1), the Chief Executive shall appoint a panel of persons (the panel

8. Execution and authentication of documents
Any instrument purporting to be executed under the seal of the Authority shall be received in evidence upon its production without further proof and shall, unless the contrary is proved, be deemed to be an instrument so executed.

### Housing Ordinance 《房屋條例》

9. Power of Chief Executive to give directions
(1) The Chief Executive may give such directions as he thinks fit, either generally or in any particular case, with respect to the exercise or performance by the Authority or a public officer, of any power, functions or duties under this Ordinance.
(2) The Authority and every public officer shall, in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Chief Executive under subsection (1).
(Amended 44 of 2000 s. 3)

10. Delegation, etc.
(1) The Authority may delegate any of its powers and functions, other than a power to make bylaws, to—
(a) a person who is an officer to whom this section applies; or
(b) a committee.
(2) A committee to which a power or function has been delegated under subsection (1) may subdelegate that power or function to a person who is an officer to whom this section applies and who is specified in the subdelegation.
(3) The Director of Housing may, by notice published in the Gazette, delegate any of his powers and functions to a person who is an officer to whom this section applies and who is specified in the delegation.
(4) Any delegation or subdelegation under this section may be withdrawn or revoked by the Authority, the committee concerned or the Director of Housing, as may be appropriate, and no such delegation or subdelegation shall prevent or restrict the concurrent performance or exercise by the Authority or such committee or such Director of any of its or his functions or powers.
(5) In this section—
committee (小組委員會) means a committee appointed under section 7;
functions (職能) includes, in relation to the Director of Housing, duties;

officer to whom this section applies (本條適用的人員) means—
(a) an officer of the Authority;
(b) a public officer; or
(c) a person who is both—
(i) an officer of the Authority or a public officer; and
(ii) an officer of a class or description specified for the time being for the purposes of this section by the Authority.

(Replaced 24 of 1995 s. 5)

11. Exercise of power
Where any power is conferred upon any person by this Ordinance, or any requirement, notice or direction is made or given thereunder, such power may be exercised by that person and by other persons acting by direction, and that person and any other persons so acting may use all force reasonably necessary for the exercise of that power.