### Hong Kong Trade Development Council Ordinance 《香港貿易發展局條例》

1. Short title
This Ordinance may be cited as the Hong Kong Trade Development Council Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Chairman (主席) means the Chairman of the Hong Kong Trade Development Council appointed under section 11(1)(a) or, during the absence from Hong Kong or incapacity of the Chairman so appointed, the person (if any) appointed under subsection (6) of that section to act as Chairman or, if no person has been appointed to act as Chairman, the vice-chairman appointed under section 12;
committee of the Council (發展局委員會) means a committee appointed by the Council under section 5(1)(f);
Council (發展局) means the Hong Kong Trade Development Council established by section 3;
Executive Director (總裁) means the executive director of the Council appointed under section 5(1)(e);
financial year (財政年度) means the period commencing on the 1st day of April each year and ending on 31 March in the year following except that the period from the establishment of the Council to 31 March next thereafter shall be deemed to be a financial year.

3. Establishment and incorporation of the Hong Kong Trade Development Council
There is hereby established a council to be called the Hong Kong Trade Development Council which shall, in that name, be a body corporate with perpetual succession and shall be capable of suing and being sued, and subject to this Ordinance of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

4. Functions of the Council
The functions of the Council shall be—
(a) to promote, assist and develop Hong Kong’s trade with places outside Hong Kong, with particular reference to exports; and (Amended 66 of 2000 s. 3)
(b) to make such recommendations to the Government as it sees fit in relation to any measures which it considers would achieve an increase in Hong Kong’s trade.

### Hong Kong Trade Development Council Ordinance 《香港貿易發展局條例》

5. General powers of the Council
(1) Subject to section 8, the Council may do all such things as are calculated to facilitate, or as are incidental or conducive to, the better carrying out of its functions and to such end may in particular, but without prejudice to the generality of the foregoing—
(a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same;
(b) establish and maintain offices both in and outside Hong Kong; (Amended 66 of 2000 s. 3)
(c) enter into any contract;
(d) publish periodicals, booklets and other written material, and produce or sponsor the production of documentary films and other audio-visual material, and distribute the same by sale or by loan, hire or otherwise with or without charge as the Council thinks fit;
(e) from time to time and subject to Part V, appoint an Executive Director to be the chief administrative officer of the Council and such other officers, servants and agents, both in and outside Hong Kong, as it considers necessary to secure the efficient discharge of its functions; and may employ any professional person, in or outside Hong Kong, to advise the Council on any point arising out of or in connexion with any of the functions or powers of the Council; (Amended 66 of 2000 s. 3)
(f) appoint a committee for any such general or special purpose as in the opinion of the Council would be better regulated and managed by means of a committee;
(g) borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge all or any part of the property of the Council, but without the prior approval of the Financial Secretary no sum shall be borrowed or otherwise raised under this paragraph which itself or together with all other sums previously borrowed or otherwise raised under this paragraph and still outstanding exceeds or in the aggregate exceed 10 per cent of the total estimated expenditure approved under section 22 for the current financial year including the unallocated balances and surpluses (if any) shown in the estimates for the same year; and
(h) charge for the use of any facility or service provided by the Council.
(2) (a) The number of members of a committee of the Council and their term of office shall be fixed by the Council.
(b) A committee of the Council may include persons who are not members of the Council.
(c) The Council may make rules respecting the quorum, proceedings and place of meeting of any committee of the Council.

### Hong Kong Trade Development Council Ordinance 《香港貿易發展局條例》

5A. Chief Executive in Council may give directions
(1) The Chief Executive in Council may, if he considers the public interest so requires, give directions in writing to the Council with respect to the exercise of its powers and the performance of its duties under this Ordinance, and the Council shall comply with those directions. (Amended 66 of 2000 s. 3)
(2) No such direction shall be inconsistent with any provision of this Ordinance.
(Added 72 of 1979 s. 2)

6. Provident fund or retirement benefit scheme
The Council may, with the approval of the Chief Executive, establish, manage and control, or enter into an arrangement with a trust company, an insurance company or association for the establishment, management and control by such company or association either alone or jointly with the Council of a provident fund scheme or a retirement benefit scheme for the benefit of all or any of the officers or servants of the Council or of any specified class of officer or servant of the Council, and if so required by the rules governing such scheme may make contributions thereto in accordance with such rules.
(Amended 71 of 1977 s. 2; 66 of 2000 s. 3)

### Hong Kong Trade Development Council Ordinance 《香港貿易發展局條例》

7. Delegation
(1) Subject to subsection (2), the Council may, by instrument in writing, delegate to the Executive Director or to any committee of the Council, with or without restrictions or conditions, as the Council thinks fit, such of its powers and functions as it deems expedient for the efficient discharge of the functions of the Council:
Provided that no delegation made hereunder shall preclude the Council from exercising or performing at any time any of the powers or functions so delegated.
(2) Subsection (1) shall not permit the delegation of the power—
(a) to approve the annual programme or estimates of income or expenditure of the Council; or
(b) to authorize the annual report or statements of income or expenditure and of assets and liabilities of the Council; or
(c) to appoint any officer or servant above the post of senior manager or a post equivalent thereto; or (Replaced 71 of 1977 s. 3. Amended 2 of 1986 s. 2)
(d) to approve general terms and conditions of service of officers or servants of the Council; or
(e) to establish or enter into any arrangement for the establishment of a provident fund scheme under section 6; or
(f) to transfer any sum, under section 22(4)(a), to any major head of expenditure in the approved estimates of expenditure of the Council,
and shall not permit the delegation to any committee of the Council of the power under section 22(4)(b) to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council.

8. Restriction as to future financial commitments
Without the approval of the Chief Executive, no contract shall be entered into in the exercise of any of the powers conferred upon the Council by this Ordinance that itself is likely, or together with all other contracts previously entered into are likely, to involve expenditure by the Council in any subsequent financial year under any of the major heads of expenditure specified in section 22(2) of an amount or aggregate amount exceeding the sum in the estimate of expenditure approved by the Chief Executive for the same major head of expenditure in respect of the year in which such contract is entered into (and not transferred to any other major head by the Council) together with any sum transferred to that head by the Council during that year (other than a sum transferred thereto from any unallocated balance or surplus shown in the estimates for that year).
(Amended 66 of 2000 s. 3)