### Airport Authority Ordinance 《機場管理局條例》

20. Directions by Chief Executive in Council
(1) (a) Notwithstanding section 6 and subject to subsection (3), the Chief Executive in Council may, if he considers the public interest so requires, give to the Authority such directions (in writing) as regards the performance of any of its functions as he considers appropriate; provided that such a direction shall not require the Authority to do, or omit to do, anything which would be wholly or partly inconsistent with any provision of this Ordinance other than section 6.
(b) The Authority shall, as soon as practicable, comply with any direction under this section.
(c) A direction under this section shall remain in force until it is withdrawn by the Chief Executive in Council. (Amended 36 of 1999 s. 3)
(2) (a) Subject to paragraph (b), where compliance with a direction under this section results, or will result, in the Authority’s being—
(i) unable to discharge (either wholly or partly) its duty to conduct its business according to prudent commercial principles; and
(ii) unable to pay (either wholly or partly) a debt or otherwise being unable to discharge (either wholly or partly) any other of its legal obligations,
then subject to subsection (3), the Government shall pay to the Authority an amount equal to such expenditure (including any loss) as has been reasonably incurred by the Authority by reason of such compliance and inability.
(b) Where a direction under this section is given to the Authority (either wholly or partly) for the purpose of ensuring compliance with an international obligation, no amount shall be payable by the Government to the Authority in respect of any expenditure (including any loss) incurred by the Authority by reason of such compliance.
(c) Where a direction under this section states that it is given (either wholly or partly, as may be appropriate) for the purpose of ensuring compliance with an international obligation, the direction shall for all purposes be taken to have been so given.
(d) Any sum which is payable to the Authority by virtue of this section shall be charged on the general revenue and be paid out of that revenue to the Authority by the Director of Accounting Services.
(3) (a) The decision to make an application for compensation under this section shall be made by, and only by, the Board.
(b) Where an application referred to in paragraph (a) is made, the Authority shall give to the Financial Secretary such relevant information or other relevant particulars as he may require.
(4) Nothing in this section shall be construed as enabling the Chief Executive in Council to give a direction under this section as regards any matter in relation to which the Director may exercise a power conferred by section 21 or as regards which the Chief Executive in Council has power under section 34. (Amended 36 of 1999 s. 3)

### Airport Authority Ordinance 《機場管理局條例》

22. Times of emergency or public danger
For the avoidance of doubt, nothing in this Ordinance shall be construed as affecting any provision of the Emergency Regulations Ordinance (Cap. 241) or the Emergency Powers (Extension and Amendment Incorporation) Ordinance (Cap. 251).
(Amended E.R. 6 of 2019)

23. Capital of Authority
(1) The initial authorized share capital of the Authority is $36,648 million* divided into 366 480 shares of $100,000 each. (Amended 10 of 2004 s. 2)
(2) The Financial Secretary may, after consulting the Authority, increase the capital of the Authority to an amount specified in an order published for the purposes of this subsection in the Gazette.
(3) (a) Subject to paragraph (b), the Authority shall issue at par to the Government such number of shares as the Financial Secretary shall from time to time direct.
(b) Where the notice referred to in section 24(2)(b) is received by the Authority, the Authority shall issue at par to the Government such number of shares as is appropriate having regard to the amount specified in the notice.
(4) Where the Authority issues shares in accordance with subsection (3)(b) such issue shall operate to discharge the whole of the indebtedness created by section 24(1).
(5) The Authority shall not issue shares otherwise than under this section.
(6) The Legislative Council may, on the recommendation of the Financial Secretary made after he has consulted the Authority, by resolution provide for a reduction of the capital of the Authority in any way to an amount specified in the resolution. (Added 10 of 2004 s. 2)
(7) A resolution made under subsection (6) may provide for matters ancillary to the matter specified in that subsection and, without limiting the generality of the foregoing, may provide—
(a) for the distribution to the Government of the amount by which the capital is so reduced, and for the form and manner in which that distribution shall be effected;
(b) where a distribution mentioned in paragraph (a) is in the form of non-cash assets, for the substitution of the Government for the Authority in any contract relating to such assets;
(c) for the manner in which any amount received by the Government by way of a distribution mentioned in paragraph (a) shall be accounted for in the books of the Government; and
(d) for the cancellation of any shares issued under this section. (Added 10 of 2004 s. 2)

### Airport Authority Ordinance 《機場管理局條例》

24. Initial debt
(1) Subject to section 23(4), the Authority shall be indebted to the Government as regards the aggregate of the items of expenditure each of which is expenditure to which this section applies.
(2) The following provisions shall apply as regards the indebtedness created by subsection (1)—
(a) as regards expenditure to which this section applies the Financial Secretary—
(i) shall ascertain the amount of the expenditure in such manner as he shall consider appropriate; and
(ii) having ascertained the amount of the expenditure, may waive payment by the Authority of the whole or any part of it; and
(b) having complied with the requirement of paragraph (a)(i) and having taken account of such waivers (if any) as have been made under paragraph (a)(ii), the Financial Secretary shall determine the aggregate of the ascertained expenditure and as soon as practicable thereafter shall specify the amount of that aggregate in a notice in writing which he shall cause to be given to the Authority.
(3) When the whole of the indebtedness created by subsection (1) is discharged by virtue of section 23(4), the Financial Secretary shall give to the Authority a written certificate that such indebtedness no longer exists.
(4) This section applies to any expenditure incurred directly or indirectly by the Government on, or in relation to, the Airport, or the Provisional Airport Authority during the period beginning on 1 November 1989, and ending on a day specified in a direction in writing given for the purposes of this subsection by the Financial Secretary.

25. Investment
Funds of the Authority which are available for the time being for investment (otherwise than in the performance of a function conferred on the Authority by or under section 5, 7 or 30) may be invested in such classes or descriptions of investment as the Financial Secretary may in writing specify.