### Hong Kong Council on Smoking and Health Ordinance 《香港吸煙與健康委員會條例》

17. Accounts, audit and annual report
(1) The Council shall keep proper accounts and proper records in relation to the accounts.
(2) Without restricting the generality of subsection (1), the accounts and records kept by the Council shall include information relating to—
(a) money received and paid by the Council disclosing the sources of receipt and reasons for payment;
(b) the assets and liabilities of the Council.
(3) The Council shall, as soon as is practicable and in any case not later than 3 months after the expiry of a financial year, prepare a statement of the accounts of the Council, which statement shall include an income and expenditure account and a balance sheet.
(4) The Council shall, with the prior approval of the Secretary for Health to any appointment proposed to be made, appoint an auditor, who shall be entitled to have access at any time to all books of account, vouchers and other records of the Council and to require such information and explanations relating thereto as he thinks fit. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)
(5) The auditor shall, as soon as is practicable, audit the accounts required by subsection (3) and shall submit a report on the accounts to the Council.
(6) The Council shall, as soon as is practicable and in any case not later than 6 months after the expiry of a financial year, furnish—
(a) a report on the affairs of the Council for that year;
(b) a copy of its accounts therefor; and
(c) the auditor’s report on the accounts,
to the Secretary for Health who shall cause the same to be laid on the table of the Legislative Council. (Amended L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)

18. Council not servant or agent of the Government
The Council shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.
(Amended 23 of 2002 s. 34)

19. Chief Executive may give directions
(1) The Chief Executive may, if he considers the public interest so requires, give directions in writing to the Council and the Council shall comply with those directions. (Amended 60 of 2000 s. 3)
(2) No direction under subsection (1) shall be inconsistent with this Ordinance.

### Hong Kong Council on Smoking and Health Ordinance 《香港吸煙與健康委員會條例》

20. Protection of members of Council and committees
(1) No member or employee of the Council or of any committee of the Council shall be personally liable for any act done or default made—
(a) by the Council; or
(b) by any committee of the Council,
acting in good faith in the course of the operations of the Council or of the committee.
(2) The protection hereby conferred on members and employees of the Council or of a committee in respect of any act or default shall not in any way affect any liability of the Council for that act or default.

### Ocean Park Corporation Ordinance 《海洋公園公司條例》

1. Short title
This Ordinance may be cited as the Ocean Park Corporation Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
auditor (核數師) means a certified public accountant (practising) as defined by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588); (Amended 23 of 2004 s. 56; L.N. 66 of 2022)
Board (董事局) means the Board of the Ocean Park Corporation established by section 7(1);
Chairman (主席) means the Chairman of the Board appointed under section 9 or the Deputy Chairman or any other member when acting under that section as the Chairman;
Chief Executive of the Corporation (行政總裁) means the person appointed under section 19(1) to be the Chief Executive of the Corporation; (Amended 59 of 2000 s. 3)
company (公司) means the company incorporated, and registered by the name Ocean Park Limited, under the Companies Ordinance (Cap. 32) as in force from time to time before the commencement date* of section 2 of Schedule 9 to the Companies Ordinance (Cap. 622); (Amended 28 of 2012 ss. 912 & 920)
contract of employment (僱傭合約) means a contract of employment or apprenticeship, whether express or implied and, if express, whether oral or in writing;
Corporation (海洋公園公司) means the Ocean Park Corporation established by section 3(1);
employee (僱員) means—
(a) in relation to the company, a person who works for the company under a contract of employment; and
(b) in relation to the Corporation, a person who works for the Corporation under a contract of employment and includes a person who was, immediately before the commencement^ of this Ordinance, a person referred to in paragraph (a);

financial year (財政年度) means the period commencing on 1 July each year and ending on 30 June in the year following and includes the period commencing on 1 July 1986 and ending on 30 June 1987;
Fund (基金) means the Ocean Park Trust Fund established by section 30(1);
member (成員) means a member of the Board referred to in section 8(1);
Ocean Park (海洋公園) means the public recreational, educational and conservational park called by that name and situate at Brick Hill. (Amended 26 of 2021 s. 4)

Editorial Note:
* Commencement date : 3 March 2014.
^ Commencement date : 1 July 1987.

### Ocean Park Corporation Ordinance 《海洋公園公司條例》

3. Establishment of the Corporation
(1) There is hereby established a body corporate to be called the Ocean Park Corporation.
(2) The Corporation shall have perpetual succession and a common seal and shall be capable of suing and being sued.

4. Fixing of common seal of the Corporation
The fixing of the seal of the Corporation shall be—
(a) authorized by the Corporation; and
(b) authenticated by the signatures of any 2 members authorized by the Corporation, either generally or specifically, to act for the purpose.

5. Documents of the Corporation
(1) The Corporation may make and execute any document in the performance or exercise of its functions or powers or in connection with any matter reasonably incidental to or consequential upon the performance or exercise of its functions or powers.
(2) Any document purporting to be duly executed under the seal of the Corporation shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed.

6. Certain documents not required to be sealed
Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Corporation by any person generally or specifically authorized by the Corporation for that purpose.

7. Establishment of the Board
(1) There is hereby established a Board to be called the Board of the Ocean Park Corporation.
(2) The Board shall be the governing and executive body of the Corporation and, as such, shall perform all the functions imposed on the Corporation and may exercise all the powers conferred on the Corporation by this Ordinance.

8. Membership of the Board
(1) The Board shall consist of not less than 7 members appointed by the Chief Executive.
(2) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap. 1), a member shall hold office for a period of not more than 3 years as the Chief Executive may determine, but may from time to time be re-appointed.
(3) Any member may at any time by notice in writing to the Chief Executive resign from the Board.
(Amended 59 of 2000 s. 3)