To provide for the establishment of The Hong Kong University of Science and Technology and for connected matters. (Enacted 1987) [10 April 1988] L.N. 104 of 1988 (Originally 47 of 1987) ________________________________________________________________________________ Note: The operation of this Ordinance is affected by the saving clause (as amended by s. 3 of the Adaptation of Laws (No. 6) Ordinance 2000 (53 of 2000)) contained in The Hong Kong University of Science and Technology (Amendment) Ordinance 1995 (27 of 1995). Cap 1141 s 1 Short title PART I PRELIMINARY (1) This Ordinance may be cited as The Hong Kong University of Science and Technology Ordinance. (2) (Omitted as spent) (Enacted 1987) Cap 1141 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Chancellor" (监督) means the Chancellor of the University and also any person acting as Chancellor of the University by virtue of section 6(2); "Court" (顾问委员会), "Council" (校董会), "Senate" (教务委员会)and "Convocation" (评议会) respectively mean the Court, Council, Senate and Convocation of the University; "financial year" (财政年度) means the period fixed by the University under section 18(3); "President" (校长) and "Vice-Presidents" (副校长) respectively mean the President and Vice-Presidents of the University; (Added 27 of 1995 s. 2) "statutes" (规程) means the statutes of the University; "University" (大学) means The Hong Kong University of Science and Technology established by section 3. (Enacted 1987. Amended 27 of 1995 s. 2) Cap 1141 s 3 Establishment and incorporation of the University PART II THE HONG KONG UNIVERSITY OF SCIENCE AND TECHNOLOGY There is here by established a body corporate with perpetual succession to be known in English as The Hong Kong University of Science and Technology and in Chinese as 香港科技大学 , which in its name either in English or Chinese may sue and be sued. (Enacted 1987) Cap 1141 s 4 Objects of the University The objects of the University are- (a) to advance learning and knowledge through teaching and research, particularly- (i) in science, technology, engineering, management and business studies; and (ii) at the postgraduate level; and(b) to assist in the economic and social development of Hong Kong. (Enacted 1987) Cap 1141 s 5 Powers of the University The University may do all things that are necessary for, or incidental or conducive to, the furtherance of its objects and in particular, but without prejudice to the generality of the foregoing, may- (a) acquire, hold and dispose of interests in property of any description; (b) enter into any contract; (c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate its buildings, premises, furniture, equipment and other property; (d) employ staff, advisers and consultants, whether on a full or part time basis; (e) provide appropriate amenities (including facilities for social activities and physical recreation and residential accommodation) for its students and employees; (f) invest its funds in such manner and to such extent as it thinks appropriate or expedient; (g) borrow money in such manner and on such security or terms as it thinks appropriate or expedient; (h) apply for and receive any grant in aid on such terms as it thinks appropriate or expedient; (i) fix and collect fees and charges for courses of study, facilities and other services provided by it and specify conditions for the use of such facilities and services; (j) generally or in any particular case or class of case, reduce, waive or refund such fees and charges; (k) receive and solicit gifts, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust; (l) confer degrees and other academic awards including honorary degrees and honorary awards; (m) provide, for profit or otherwise, advisory, consultancy, research and other related services; (n) enter into a partnership or any other form of joint venture with any person; (o) acquire, hold and dispose of interests in other corporate bodies and form or take part in forming corporate bodies; (p) print, reproduce, or publish or arrange for the printing, reproduction or publishing of any manuscript, book, play, music, script, programme, poster, advertisement or other material, including video and audio material and software for computers, as it thinks appropriate or expedient; and (q) provide financial assistance, by way of grant or loan, in pursuance of its objects. (Enacted 1987) Cap 1141 s 6 The Chancellor Remarks: Adaptation amendments retroactively made - see 53 of 2000 s. 3 PART III THE CHANCELLOR AND THE COURT (1) There shall be a Chancellor of the University who shall be the head of the University and who may confer degrees and other academic awards in the name of the University. (2) The Chief Executive shall be the Chancellor. In the absence of the Chief Executive, the person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law shall be the Acting Chancellor and shall have all the powers and duties of the Chancellor. (Amended 53 of 2000 s. 3) (3) The Chancellor may appoint a person to be the Pro-Chancellor of the University. The Pro-Chancellor may, on the authorization of the Chancellor and on his behalf, exercise any of the powers and perform any of the duties conferred or imposed on the Chancellor. (Enacted 1987) Cap 1141 s 7 The Court (1) There shall be a Court, which shall be the supreme advisory body of the University. (2) The functions of the Court shall be to- (a) receive an annual report from the President; (Amended 27 of 1995 s. 3) (b) consider any reports made to it by the Council; (c) discuss any motion made at the Court on general University policy; (d) raise funds for the University; and (e) promote the interests of the University in Hong Kong and elsewhere. (Enacted 1987) Cap 1141 s 8 Functions of the Council PART IV THE COUNCIL There shall be a Council, which- (a) shall be the supreme governing body of the University; and (b) may exercise any of the powers conferred and shall perform all of the duties imposed on the University by this Ordinance, other than those powers conferred and those duties imposed by this Ordinance on some other authority or person. (Enacted 1987) Cap 1141 s 9 Membership of the Council Remarks: For the transitional provision relating to the amendments made by the Statute Law (Miscellaneous Provisions) Ordinance 2002 (23 of 2002), see section 81 of that Ordinance. (1) The Council shall consist of- (a) the President; (Amended 27 of 1995 s. 3) (b) the Vice-Presidents; (Amended 27 of 1995 s. 4) (c) the holder of each office (if any) of Dean of a Faculty and Dean of a School; (d) the Chairman of Convocation; (e) not more than 3 members, who shall be public officers, appointed by the Chief Executive; (f) not more than 3 academic members of the Senate nominated by the Senate and appointed by the Council; and (g) not more than 18 members, who shall not be public officers or employees of the University, of whom- (i) not less than 10 shall have experience in commerce or industry in Hong Kong and not more than 5 shall be from other tertiary institutions in or outside Hong Kong; (ii) not more than 9 shall be appointed by the Chancellor; and (iii) not more than 9 shall be appointed by the Chancellor on the recommendation of the Council.(2) (a) The Chancellor shall appoint, from the members appointed under subsection (1)(g) who have experience in commerce or industry in Hong Kong, 3 members as follows- (i) 1 member as Chairman of the Council; (ii) 1 member as Vice-Chairman of the Council; and (iii) 1 member as Treasurer of the University. (Amended 27 of 1995 s. 5) (b) The Vice-Chairman shall act as Chairman if the Chairman is absent from Hong Kong or is, for any other reason, unable to act as Chairman, or if the office of Chairman is vacant. (c) If both the Chairman and the Vice-Chairman are absent from Hong Kong or are, for any other reason, unable to act as Chairman, or if the offices of Chairman and Vice-Chairman are vacant, the members may appoint one of the members appointed under subsection (1)(g) to act as Chairman.(3) (a) A member who is appointed under subsection (1)(e) shall hold office at the discretion of the Chief Executive. (aa) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1), a member who is appointed under subsection (1)(f)- (i) shall be appointed for a period of 3 years or such lesser period as the Council may in any particular case specify; (ii) may from time to time be reappointed; and (iii) may at any time by notice in writing to the Chairman of the Council resign from the Council. (Added 23 of 2002 s. 80)(ab) A member who became a member of the Council under subsection (1)(f) shall cease to be a member of the Council when he ceases to meet the criteria of eligibility for nomination by the Senate. (Added 23 of 2002 s. 80) (b) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1), a member who is appointed under subsection (1)(g)- (Amended 23 of 2002 s. 80) (i) shall be appointed for a period of 3 years or such lesser period as the Chancellor may in any particular case specify, but may from time to time be reappointed; and (ii) may at any time by notice in writing to the Chancellor resign from the Council. (Enacted 1987. Amended 53 of 2000 s. 3; 23 of 2002 s. 80) Cap 1141 s 10 Meetings and procedure of the Council (1) Meetings of the Council shall be held at such times and places as the Chairman may appoint. (2) At any meeting of the Council, 50% of the members of the Council for the time being shall form a quorum. (3) The Council may determine its own procedure. (4) If a member has any pecuniary or other personal interest in any matter to be considered at a meeting of the Council and is present at such meeting, he shall as soon as possible after the commencement of the meeting disclose to the Council the fact and nature of the interest and shall, if required by the Council, withdraw from the meeting while the Council is considering the matter and in any case shall not vote thereon. (Enacted 1987) Cap 1141 s 11 Committees of the Council (1) The Council may create such committees as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) The chairman and vice-chairman of any committee appointed under subsection (1) shall be appointed by the Council from among the members of the Council. (3) Subject to subsection (4), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee created under subsection (1). (4) The Council shall not delegate to any committee created under subsection (1) the power- (a) to approve the terms and conditions of service of persons in the employment of the University; (b) to cause the preparation of the statements required under section 18(2); (c) to make statutes under section 23; (d) to appoint or remove from office the President or any Vice-President under section 12, or to approve the duties to be undertaken by any Vice-President under that section. (Amended 27 of 1995 ss. 3 & 6)(5) Subject to the directions of the Council, each committee may determine its own procedure at its meetings. (Enacted 1987) Cap 1141 s 12 Appointment of President, Vice-Presidents and other staff PART V PRESIDENT, VICE-PRESIDENTS AND OTHER STAFF (Amended 27 of 1995 s.7) (1) The Council- (a) shall, in accordance with subsection (2), appoint a President who shall be the chief executive and academic officer of the University; (Amended 27 of 1995 s. 3) (b) may, in accordance with subsection (3), appoint not more than 3 Vice-Presidents who shall undertake such duties as are recommended by the President and approved by the Council; (Amended 27 of 1995 ss. 3 & 4) (c) may appoint such other persons to be employees of the University as it considers expedient.(2) (a) The President shall be appointed by resolution of the Council passed by the votes of not less than three-quarters of its members for the time being. (Amended 27 of 1995 s. 3) (b) The President may be removed from office by resolution of the Council passed by the votes of not less than three-quarters of its members for the time being on the ground of his misconduct, incompetence, inefficiency or other good cause. (Amended 27 of 1995 s. 3) (c) In this subsection "members" (成员) does not include members appointed under section 9(1)(a), (b), (c) or (f).(3) (a) The Vice-Presidents shall be appointed on the recommendation of the President by resolution of the Council passed by the votes of not less than three-quarters of its members for the time being. (Amended 27 of 1995 ss. 3 & 4) (b) A Vice-President may on the recommendation of the President be removed from office by resolution of the Council passed by the votes of not less than three-quarters of its members for the time being on the ground of his misconduct, incompetence, inefficiency or other good cause. (Amended 27 of 1995 ss. 3 & 6) (c) In this subsection "members" (成员) does not include members appointed under section 9(1)(b), (c) or (f).(4) (a) The Council may appoint any person to act as President on a temporary basis during the incapacity or absence from Hong Kong of the President or if that office is vacant for any reason. (Amended 27 of 1995 s. 3) (b) The Council may appoint any person to act as a Vice-President on a temporary basis during the incapacity or absence from Hong Kong of any Vice-President or if that office is vacant for any reason. (Amended 27 of 1995 s. 6) (c) An appointment under this subsection shall be made on the recommendation of the President, except where the President is for any reason prevented from or incapable of making such a recommendation or where that office is vacant for any reason. (Amended 27 of 1995 s. 3) (Enacted 1987) Cap 1141 s 13 Power of Council to delegate to Vice-Chancellor (1) Subject to subsection (2), the Council may in writing, with or without restrictions or conditions as it thinks fit, delegate to the President any of its powers and duties. (Amended 27 of 1995 s. 3) (2) The Council shall not delegate to the President the power- (Amended 27 of 1995 s. 3) (a) to approve the terms and conditions of service of persons in the employment of the University; (b) to cause the preparation of the statements required under section 18(2); (c) to make statutes under section 23; (d) to make appointments and removals from office under section 12, other than under section 12(1)(c), or to approve the duties to be undertaken by any Vice-President under section 12. (Amended 27 of 1995 s. 6) (Enacted 1987) Cap 1141 s 14 Power of Vice-Chancellor to delegate (1) Subject to subsection (2), the President may in writing, with or without restrictions or conditions as he thinks fit, delegate, to such person or committee of persons as he thinks fit, his powers and duties, including any power or duty of the Council delegated to him under section 13. (2) The power conferred by this section on the President to delegate any power or duty of the Council delegated to him under section 13, and the exercise by any person or committee of persons of any such power or duty delegated by the President under this section, shall be subject to any restriction or condition imposed in respect thereof by the Council under section 13. (Enacted 1987. Amended 27 of 1995 s. 3) Cap 1141 s 15 Senate PART VI SENATE, FACULTIES, SCHOOLS AND CONVOCATION There shall be a Senate which shall be the supreme academic body of the University and which shall, subject to the availability of funds provided by the Council,- (a) plan, develop and review academic programmes; (b) direct and regulate the teaching and research conducted in the University; (c) regulate the admission of persons to approved courses of study and their attendance at such courses; and (d) regulate the examinations leading to the degrees and other academic awards of the University. (Enacted 1987) Cap 1141 s 16 Faculties and Schools (1) There shall be such Faculties and Schools as may be constituted by the Council. (2) There shall be a Board of each Faculty and School. (Enacted 1987) Cap 1141 s 17 Convocation There shall be a Convocation. (Enacted 1987) Cap 1141 s 18 Accounts PART VII FINANCIAL STATEMENTS AND REPORTS (1) The University shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the University shall cause to be prepared statements of income and expenditure during the previous financial year and of the assets and liabilities of the University on the last day thereof. (3) The University may, from time to time, fix a period to be its financial year. (Enacted 1987) Cap 1141 s 19 Auditors (1) The University shall appoint auditors, who shall be entitled at any time to have access to all books of account, vouchers and other financial records of the University and to require such information and explanations thereof as they think fit. (2) The auditors shall audit the statements prepared under section 18(2) and shall report thereon to the University. (Enacted 1987) Cap 1141 s 20 Statements and reports to be submitted to Chancellor The Council shall, not later than 6 months after the end of each financial year, submit to the Chancellor a report on the activities of the University and copies of the statements prepared under section 18(2) and the report made under section 19(2). (Enacted 1987) Cap 1141 s 21 Committees generally PART VIII GENERAL (1) The Court, the Senate, and the Board of each Faculty and School may establish such committees as they think fit. (2) Unless the statutes provide otherwise, the chairman and vice-chairman of any committee shall be members of the Court, the Senate, or the Board of the Faculty or School, as the case may be. (3) Unless the statutes provide otherwise, any committee may consist partly of persons who are not members of the Court, the Senate, or the Board of the Faculty or School, as the case may be. (4) Unless the statutes provide otherwise, the Court, the Senate, and the Board of each Faculty and School may, with or without restrictions or conditions as they think fit, delegate any of their powers and functions to any committee. (Enacted 1987) Cap 1141 s 22 Seal of the University The fixing of the common seal of the University shall be- (a) authorized by resolution of the Council; and (b) authenticated by the signature of 2 members of the Council authorized by the Council to act for that purpose, one of whom shall not be an employee of the University. (Enacted 1987) Cap 1141 s 23 Power of Council to make statutes (1) The Council may make statutes for the better carrying out of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may make statutes in relation to- (a) the administration of the University; (b) the membership of the University; (c) the academic membership of the University; (d) the constitution of the Court and the Senate; (e) the constitution, powers and functions of the Faculties, the Boards of the Faculties, the Schools, the Boards of the Schools and the Convocation; (f) the regulation of the proceedings of any body referred to in paragraphs (d) and (e) above; (g) the offices of Dean of a Faculty and Dean of a School and the powers and functions of persons holding such offices; (h) the welfare and discipline of students and employees of the University; (i) the conferring of degrees and other academic awards, including honorary degrees and honorary awards; (j) the nomination of academic members from the Senate for appointment to the Council under section 9(1)(f); (k) financial procedures; (l) fees payable to the University as a condition of admission to any examinations held by the University or for the conferring of any degree or other academic award of the University or for attendance at any course of the University or any similar purpose; and (m) generally, the carrying into effect of this Ordinance.(2) Every statute made under subsection (1) shall be published in the Gazette. (Enacted 1987) Cap 1141 s 24 Unauthorized use of title of the University (1) No person shall incorporate or form, or be a director, office bearer or organizer of, work in connection with, or be a member of, any body of persons, corporate or unincorporate, that, without the written consent of the Council- (a) holds itself out to be- (i) the University or any part thereof; or (ii) in any way connected or associated with the University; or(b) uses the title "The Hong Kong University of Science and Technology" or "香港科技大学" or a title in any language which so closely resembles the title "The Hong Kong University of Science and Technology" or "香港科技大学" as to be capable of misleading any person into believing that the body of persons is- (i) the University or any part thereof; or (ii) in any way connected or associated with the University.(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10000. (Enacted 1987) Cap 1141 s 25 (Omitted as spent) (Omitted as spent) (Enacted 1987)
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