To provide for the establishment of The Hong Kong Polytechnic University and for matters connected therewith. (Amended 94 of 1994 s. 2) [24 March 1972] L.N. 68 of 1972 (Originally 40 of 1971) Cap 1075 s 1 Short title This Ordinance may be cited as The Hong Kong Polytechnic University Ordinance. (Amended 94 of 1994 s. 3) Cap 1075 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Chairman" (主席) and "Deputy Chairman" (副主席) mean respectively the Chairman of the Council and the Deputy Chairman of the Council; "Council" (校董会) means the Council of the University established under section 5; (Amended 94 of 1994 s. 4) "eligible staff" (有资格的教职员) means the full-time teaching and instructional staff of the University, and includes members of the administrative staff of the University of equivalent rank or grade; (Amended 94 of 1994 s. 4 ; L.N. 126 of 1995) "financial year" (财政年度) means the period fixed by the Council under section 13(2); "member" (成员) means a member of the Council; "President" (校长) and "Deputy President" (常务副校长) mean respectively the President of the University and Deputy President of the University; (Added 94 of 1994 s. 4) "Senate" (教务委员会) means the Senate of the University established under section 8A; (Added 94 of 1994 s. 4) "University" means (大学) The Hong Kong Polytechnic University established under section 3. (Added 94 of 1994 s. 4) (Replaced 5 of 1978 s. 2. Amended 94 of 1994 s. 4) Cap 1075 s 3 Establishment and objects of the University (1) There is established The Hong Kong Polytechnic University (香港理工大学) as a body corporate with perpetual succession and capable of suing and being sued in its name. (2) The University is capable of doing and permitting the acts and things that a body corporate may lawfully do or permit. (3) The objects of the University are to provide for studies, training and research in technology, science, commerce, arts and other subjects of learning. (Replaced 94 of 1994 s. 5) Cap 1075 s 3A Officers of the University Remarks: Adaptation amendments retroactively made - see 53 of 2000 s. 3 (1) The officers of the University shall be the persons for the time being holding any of the following offices hereby constituted as offices of the University- (a) the Chancellor of the University; (b) the Chairman of the Council; (c) the Deputy Chairman of the Council; (d) the Treasurer of the University; (e) the President of the University; and (f) the Deputy President of the University.(2) The Chief Executive is the Chancellor of the University and in his absence, the person for the time being assuming the duties of the Chief Executive according to the provisions of Article 53 of the Basic Law is the Acting Chancellor and has the powers and the duties of the Chancellor while acting. (Replaced 94 of 1994 s. 6. Amended 53 of 2000 s. 3) (2A) The Chancellor may confer degrees and academic awards including honorary degrees and honorary awards in the name of the University and in the absence of the Chancellor, the Chairman may confer degrees and academic awards including honorary degrees and honorary awards in the name of the University. (Added 94 of 1994 s. 6) (3) The Treasurer of the University shall be appointed by the Chief Executive from among the members of the Council appointed under section 10(1)(d). (Amended 53 of 2000 s. 3) (4) The appointment of the President and of the Deputy President (if any) shall be in accordance with section 8. (Added 5 of 1978 s. 3. Amended 94 of 1994 s. 6) Cap 1075 s 4 Unauthorized use of name (1) A person shall not form, or work in connection with or be a member of- (a) an organization, institution or body which, without the authority of the Council, claims or purports to be The Hong Kong Polytechnic University or a branch of or connected with the University; or (b) an organization, other than the University, which uses the title of "The Hong Kong Polytechnic University" or "香港理工大学" or any title in any language which so closely resembles the expression "The Hong Kong Polytechnic University" as to be calculated to mislead or deceive.(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 1. (Replaced 94 of 1994 s. 7) Cap 1075 s 5 Establishment of Council There is established a Council to be known as the Council of The Hong Kong Polytechnic University which may exercise the powers conferred and shall perform the duties imposed on the University. (Replaced 94 of 1994 s. 7) Cap 1075 s 5A Common seal of University The common seal of the University shall be affixed pursuant to a resolution of the Council and the affixing of the seal authenticated by the signature of 2 members of the Council authorized by the Council to act for that purpose and one of whom shall not be an employee of the University. (Added 94 of 1994 s. 7) Cap 1075 s 6 The powers of the Council The Council shall be the governing and executive body of the University with power to do all such things as are necessary for, or incidental or conducive to, the better carrying out of the objects of the University and may in particular, but without prejudice to the generality of the foregoing- (Amended 5 of 1978 s. 4) (a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same; (Amended 74 of 1974 s. 3) (b) enter into any contract; (c) erect, provide, equip, maintain, keep in repair and regulate the buildings, premises, furniture and equipment and all other means necessary for carrying on the work of the University; (d) provide appropriate amenities for members, persons in the employment of the University and students; (e) provide residential accommodation and social and athletic facilities for persons in the employment of the University and students; (f) approve the expenditure of the funds of the University in the furtherance of its objects; (Amended L.N. 446 of 1994) (g) invest the funds of the University in such manner and to such extent as it thinks necessary or expedient; (h) borrow money in such manner and on such securities or terms, including mortgaging the property of the University, as it thinks expedient; (i) apply for any grant in aid for its functions on such conditions as it thinks fit; (j) employ any professional or expert person to advise it on any matter arising out of or in connection with any of its functions under this Ordinance; (k) receive and solicit gifts and act as trustee of moneys and other property vested in the University on trust; (Replaced 94 of 1994 s. 8) (l) confer degrees and other academic awards including honorary degrees and honorary awards; (Added 94 of 1994 s. 8) (m) enter into a contract, partnership or other form of joint venture with other persons; (Added 94 of 1994 s. 8) (n) acquire, hold and dispose of interests in other corporate bodies and take part in forming corporate bodies; (Added 94 of 1994 s. 8) (o) provide for profit or otherwise advisory, consultancy, research and other related services. (Added 94 of 1994 s. 8) (Amended 94 of 1994 s. 8) Cap 1075 s 7 (Repealed 94 of 1994 s. 9) Cap 1075 s 8 Appointment of President and other staff (1) The Council- (a) shall, in accordance with subsection (2), appoint a President in whom, subject to the control of the Council, shall be vested the management, conduct and administration of the University and the discipline of students therein; (aa) may, subject to subsection (2), appoint a person to hold the office of Deputy President if it appears to the Council that such appointment is necessary or desirable, and the person so appointed shall undertake such duties as the President may direct; (b) may appoint such other persons to be employees of the University as the Council may consider expedient.(2) The President and, if any person is proposed for appointment as Deputy President, the Deputy President shall be appointed by resolution passed by the votes of not less than 14 members. (3) The remuneration and the terms and conditions of service of persons in the employment of the University shall be determined by the Council. (4) The President and the Deputy President may be removed from office by resolution passed by the votes of not less than 14 members on the ground of his misconduct, inefficiency or other good cause. (4A) In this section- (a) "members" (成员) means members of the Council who are not employees or students of the University other than the President; (b) the President shall not be a member for the purpose of appointing or removing himself. (Replaced 94 of 1994 s. 10)(5) The Council may appoint any person to act as President during the absence or incapacity of the President or if that office is or becomes vacant for any reason. (Amended 5 of 1978 ss. 5 & 9; 94 of 1994 s. 10) Cap 1075 s 8A Senate of the University (1) There shall be an Senate of the University appointed by the Council for the following purposes- (a) reviewing and developing academic programmes; (b) directing and regulating the teaching and research conducted in the University; (c) regulating the admission of persons to approved courses of study study and their attendance at such courses; (d) conducting the examinations leading to the conferring of degrees and academic awards of the University; and (Amended 39 of 1988 s. 3) (e) determining the eligibility of persons to receive degrees, diplomas, certificates and other academic awards other than honorary degrees or honorary awards. (Added 94 of 1994 s. 11)(2) The membership and procedure of the Senate shall be in accordance with rules made by the Council under section 18. (3) The Senate may appoint such committees for any general or special purposes as it thinks fit. (Added 94 of 1994 s. 11) (4) Subject to subsection (5), the Senate may, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee appointed under subsection (3) or to any member of the Senate. (Added 94 of 1994 s. 11) (5) The Senate shall not delegate a power that the Council may determine shall not be delegated. (Added 94 of 1994 s. 11) (Added 5 of 1978 s. 6. Amended 94 of 1994 s. 11) Cap 1075 s 9 Committees generally (1) The Council may appoint such committees for any general or special purposes as it thinks fit and any such committee may consist partly of persons who are not members of the Council. (2) Subject to subsection (3), the Council may, with or without restrictions or conditions as it thinks fit, delegate any of its powers and duties to any committee appointed under subsection (1) or any member of the Council. (Amended 94 of 1994 s. 12) (3) The Council shall not delegate to any committee appointed under subsection (1) or to any person the power- (Amended 94 of 1994 s. 12) (a) to approve the annual programme and estimates required to be submitted under section 13; (b) to authorize the preparation of the statements required under section 14(2); (c) to approve terms and conditions of service of persons in the employment of the University, other than persons in the part time or temporary employment thereof; or (d) to make statutes under section 18. (Amended 94 of 1994 s. 12) (Replaced 2 of 1982 s. 2) Cap 1075 s 10 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 55 of that Ordinance. (1) The Council consists of the following members- (a) the President and the Deputy President; (b) 2 Deans of the faculties or equivalent bodies of the University nominated by the President; (c) 3 elected staff members appointed by the Council, 2 of whom shall be elected by the eligible staff from among their number in accordance with statutes made under section 18(g), and 1 of whom shall be elected by and from the Senate; (d) 20 members appointed by the Chief Executive of whom not more than 2 shall be public officers; (Amended 53 of 2000 s. 3) (e) 1 member from the alumni who is not an employee of the University and who shall be appointed by the Council; (Amended 53 of 2000 s. 3; 23 of 2002 s. 54) (f) 1 member elected by and from the full-time students and who shall be appointed by the Council. (Replaced 94 of 1994 s. 13)(2) The Chief Executive shall appoint one of the members appointed under subsection (1)(d) who is not a public officer as Chairman. (Amended 94 of 1994 s. 13; 53 of 2000 s. 3) (3) A member of the Council appointed under subsection (1)(d) who is a public officer shall hold office at the discretion of the Chief Executive. (Replaced 23 of 2002 s. 54) (3A) A member appointed under subsection (1)(d) who is not a public officer- (a) shall be appointed for a period of 3 years or such lesser period as the Chief Executive may in any particular case appoint, but may from time to time be reappointed; (b) may at any time by notice in writing to the Chief Executive resign from the Council. (Added 23 of 2002 s. 54)(3B) A member appointed by the Council under subsection (1)(c), (e) or (f)- (a) shall be appointed for a period of 3 years or such lesser period as the Council may in any particular case appoint, but may from time to time be reappointed; (b) may at any time by notice in writing to the Chairman of the Council resign from the Council. (Added 23 of 2002 s. 54)(3C) A member who became a member of the Council under subsection (1)(c) or (f) shall cease to be a member of the Council when he ceases to be a member of the body that elected him. (Added 23 of 2002 s. 54) (4) The provisions of this section are without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1). (Replaced 23 of 2002 s. 54) (5) The Chief Executive shall appoint one of the members appointed under subsection (1)(d) as Deputy Chairman, who shall act as Chairman during the absence or incapacity of the Chairman or if that office becomes vacant for any reason. (Amended 53 of 2000 s. 3) (5A) If for any period both the Chairman and the Deputy Chairman are unable by reason of absence from Hong Kong or incapacity to perform the functions of their respective offices, or if for any period both of those offices are vacant, the other members of the Council may appoint one of their number to act as Chairman during that period. (6) 14 members shall form a quorum at a meeting of the Council. (Amended 94 of 1994 s. 13) (7) Except as otherwise provided in section 8, any question before the Council at any meeting shall be decided by a majority of votes of the members present. (8) A meeting of the Council may be adjourned by the Chairman or, where the Council so resolves, by the Council. (9) The member elected by the students is excluded from participating in the business of the Council that the Council determines he is to be excluded. (Added 94 of 1994 s. 13) (Amended 5 of 1978 ss. 7 & 9) Cap 1075 s 11 Power of the Council to delegate to the President (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. (2) The Council shall not delegate to the President the power- (a) to approve the annual programme and estimates required to be submitted under section 13; (b) to authorize the preparation of the statements required under section 14(2); (c) to approve terms and conditions of service of persons in the employment of the University, other than persons in the part time or temporary employment thereof; or (d) to make statutes under section 18. (Replaced 2 of 1982 s. 3. Amended 94 of 1994 s. 14) Cap 1075 s 11A Power of the President to delegate (1) Subject to subsection (2), the President may, with or without restrictions or conditions as he thinks fit, delegate to such person or committee of persons as he thinks fit any of his powers and duties, including any power or duty of the Council delegated to him under section 11. (2) The power conferred by this section on the President to delegate any power or duty of the Council delegated to him under section 11, 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 11. (Added 2 of 1982 s. 4. Amended 94 of 1994 s. 15) Cap 1075 s 12 Fees and charges The Council- (a) shall fix fees and charges for courses of study, facilities and other services provided by the University; (b) may reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case. (Amended 5 of 1978 s. 9; 94 of 1994 s. 16) Cap 1075 s 13 Estimates and financial year Remarks: Adaptation amendments retroactively made - see 53 of 2000 s. 3 (1) In each financial year, before a date to be appointed by the Chief Executive, the Council shall submit to the Chief Executive, through a person nominated by the Chief Executive, a programme of its proposed activities and estimates of the income and expenditure of the University for the next financial year. (2) The Council may, from time to time, with the prior approval of the Chief Executive, fix a period to be the financial year of the University. (Amended 5 of 1978 s. 9; 94 of 1994 s. 17; 53 of 2000 s. 3) Cap 1075 s 14 Accounts (1) The Council shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the Council 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. (Amended 94 of 1994 s. 18) (Amended 5 of 1978 s. 9) Cap 1075 s 15 Auditors (1) The Council 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 may think fit. (Amended 94 of 1994 s. 19) (2) The auditors shall audit the statements prepared under section 14(2) and shall report thereon to the Council. (Amended 5 of 1978 s. 9) Cap 1075 s 16 Statements and reports to be submitted to the Chancellor (1) The Council shall, not later than 6 months after the end of each financial year, or before such later date as the Chancellor may allow in any particular year, submit to the Chancellor a report on the activities of the University and copies of the statements prepared under section 14(2) and the report made under section 15(2). (Amended 94 of 1994 s. 20) (2) (Repealed 94 of 1994 s. 20) (Amended 5 of 1978 s. 9) Cap 1075 s 17 (Repealed 94 of 1994 s. 21) Cap 1075 s 18 Power of the Council to make rules The Council may make statutes for the better carrying out of the purposes of this Ordinance and in particular, but without prejudice to the generality of the foregoing, may provide for- (Amended L.N. 446 of 1994) (a) the regulation of its proceedings and the proceedings of the Senate and of any committee appointed under section 9; (b) the membership and quorum of the Senate and of any committee appointed under section 9; (c) the powers, functions and duties of the Senate and of any committee appointed under section 9; (d) the discipline of persons in the employment of the University; (e) the regulation of the conduct and discipline of students of the University; (f) the conferring of degrees and academic awards including honorary degrees and honorary awards; (Replaced 39 of 1988 s. 4) (g) the holding and conduct of elections of persons for membership of the Council by eligible staff members under section 10(1)(c) and by the full-time students under section 10(1)(f). (Replaced 94 of 1994 s. 22) (Amended 5 of 1978 ss. 8 & 9; 94 of 1994 s. 22) Cap 1075 s 19 Saving Remarks: Adaptation amendments retroactively made - see 53 of 2000 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Amended 53 of 2000 s. 3)
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