### West Kowloon Cultural District Authority Ordinance 《西九文化區管理局條例》

3. Establishment of Authority
(1) There is established by this section a body corporate with the corporate name of “West Kowloon Cultural District Authority” in English and “西九文化區管理局” in Chinese.
(2) The Authority—
(a) has perpetual succession in its corporate name;
(b) shall provide itself with a corporate seal; and
(c) is capable of suing and being sued in its corporate name.
(3) The Authority is neither a servant nor an agent of the Government and does not enjoy any status, immunity or privilege of the Government.

4. Functions of Authority
(1) The functions of the Authority are—
(a) to prepare a development plan under section 21(1) and to perform the other functions imposed on it under section 21;
(b) to develop the leased area in accordance with the land use and other requirements or conditions specified in the approved development plan;
(c) either alone or jointly or by agreement with any other person, to provide (including plan, design and construct), operate, manage, maintain or otherwise deal with arts and cultural facilities, related facilities or ancillary facilities;
(d) to advocate, promote, organize, sponsor, encourage and provide for the appreciation of and participation in arts and culture;
(e) to promote, exhibit and display the arts publicly and otherwise;
(f) to initiate and support the creation, composition, production, learning and practising of the arts; and
(g) to perform such other functions as are conferred or imposed on the Authority by or under this or any other Ordinance.
(2) The Authority shall perform its functions under subsection (1) in ways which aim to achieve the following objectives—
(a) to facilitate the long-term development of Hong Kong as an international arts and cultural metropolis;
(b) to uphold and encourage freedom of artistic expression and creativity;
(c) to enhance and promote excellence, innovation, creativity and diversity in arts and culture;
(d) to enhance the appreciation of a diverse and pluralistic range of the arts;
(e) to develop new and experimental works in arts and culture;
(f) to cultivate and nurture local talents in the arts (including local artists), and local arts groups and arts-related personnel;
(g) to encourage wider participation by the local community in arts and culture;
(h) to promote and provide arts education to the local community;
(i) to facilitate the development of cultural and creative industries;
(j) to facilitate and enhance cultural exchange and cooperation between the Mainland of China, Hong Kong and any other place;
(k) to facilitate and enhance cooperation between any government or non-government body or organization and providers of the arts, within and outside Hong Kong;
(l) to encourage community, commercial and corporate support and sponsorship of arts and culture;
(m) to provide or facilitate the provision of free and accessible open space within the leased area to the general public; and
(n) to strengthen the position of Hong Kong as a tourist destination.

### West Kowloon Cultural District Authority Ordinance 《西九文化區管理局條例》

5. Powers of Authority
(1) The Authority may do all such things as are necessary for, or incidental or conducive to, the performance of its functions under this Ordinance.
(2) Without limiting the generality of subsection (1), the Authority may—
(a) acquire, hold, lease or hire any kind of property, whether movable or immovable;
(b) subject to the terms and conditions contained in the land grant, sell, surrender or otherwise dispose of any kind of immovable property;
(c) sell, surrender or otherwise dispose of any kind of movable property;
(d) enter into, assign or accept the assignment of, and vary or rescind, any contract or obligation, whether or not for the purpose of providing, operating, managing, maintaining or otherwise dealing with arts and cultural facilities, related facilities or ancillary facilities;
(e) apply for and receive any grant for the performance of its functions on such terms and conditions as it considers appropriate;
(f) receive and solicit gifts, donations or sponsorship, whether on trust or otherwise, and act as trustee of moneys or other properties vested in it on trust, for any purposes consistent with the objectives specified in section 4(2);
(g) sponsor or provide financial support to facilitate the organization of activities relating to arts and culture;
(h) establish any body corporate (including a subsidiary) or any trust or non-profit making organization, as may be appropriate in the opinion of the Authority, to facilitate the achievement of the objectives specified in section 4(2);
(i) acquire or dispose of shares of any body corporate (including a subsidiary);
(j) liaise and cooperate with any person, whether within or outside Hong Kong, for any purposes consistent with the objectives specified in section 4(2);
(k) determine, approve or collect, or vary, waive or refund, fees or charges for the use of arts and cultural facilities, related facilities or ancillary facilities;
(l) specify terms and conditions for the use of any of the facilities referred to in paragraph (k);
(m) commission, mount or present any work of visual art, exhibition or theatrical, music, dance or other arts production; and
(n) either alone or jointly or by agreement with any other person, exercise any of the powers of the Authority.

### West Kowloon Cultural District Authority Ordinance 《西九文化區管理局條例》

6. Establishment of Board
(1) There is established by this section a Board of the Authority.
(2) The Board is the governing and executive body of the Authority with authority to perform, in the name of the Authority, the functions conferred or imposed on the Authority by or under this Ordinance.
(3) The Board is to consist of—
(a) the Chairman who may or may not be a public officer;
(b) the Chief Executive Officer;
(c) not less than 8 and not more than 15 other members who are not public officers, including—
(i) at least 5 members who, in the opinion of the Chief Executive—
(A) are of good standing in the field of arts and culture in the Mainland of China, Hong Kong or any other place; or
(B) have extensive knowledge of, or wide experience in or exposure to, arts and cultural activities;
(ii) at least one member who is a member of the Legislative Council; and
(iii) such other members who possess experience in management, engineering, planning, architecture, landscape architecture, surveying, accounting, finance, education, law or community service, or such professional or other experience as would, in the opinion of the Chief Executive, render them suitable for appointment; and
(d) 3 other members who are public officers.
(4) The Chief Executive may appoint one or more than one Board member (other than the Chairman and the Chief Executive Officer) as Vice-Chairman of the Board as long as the person is a Board member.
(5) All Board members (other than the Chief Executive Officer) are to be appointed by the Chief Executive.
(6) The Chief Executive Officer is to be an ex-officio member of the Board.
(7) An appointment made under this section is to be notified in the Gazette.
(8) Where the requirements of subsection (3) are not complied with as a result of any change in membership of the Board or any change of the status of any Board member, the Chief Executive shall as soon as reasonably practicable make the necessary appointment to ensure that the requirements are complied with.
(9) Notwithstanding subsections (3) and (8), the Board may perform any of its functions, and its proceedings are valid, despite—
(a) a vacancy in the membership of the Board;
(b) a defect in the appointment or qualification of a person purporting to be a Board member; or
(c) a minor irregularity in the convening of any Board meeting.
(10) A notification under subsection (7) is not subsidiary legislation.

7. Chief Executive Officer
The Authority may, with the prior approval of the Chief Executive, appoint a person to be the Chief Executive Officer of the Authority who is to be an employee of the Authority.