CityU Ordinance

CAP 1132 CITY UNIVERSITY OF HONG KONG ORDINANCE

Long Title

To provide for the establishment of the City University of Hong Kong and for matters connected therewith.

Part I    Preliminary

1.

Short title

This Ordinance may be cited as the City University of Hong Kong Ordinance.

2.

Interpretation

In this Ordinance, unless the context otherwise requires -

"Chancellor" means the Chancellor of the University established by section 4 and includes a person acting as the Chancellor;

"Convocation" means the Convocation of the University established by section 17B;

"Council" means the Council of the University established by section 9;

"Court" means the Court of the University established by section 8A;

"Deputy President" means the Deputy President of the University appointed under section 14 and includes a person acting as the Deputy President;

"faculty" means a faculty of the University established under section 17A and includes an equivalent body established under that section;

"President" means the President of the University appointed under section 14 and includes a person acting as the President;

"Pro-Chancellor" means the Pro-Chancellor of the University appointed under section 4 (4) and includes a person acting as the Pro-Chancellor;

"Senate" means the Senate of the University established by section 17;

"statutes" mean the statutes of the University made by the Council under section 21A;

"University" means the City University of Hong Kong established by section 3.

Part II    The City University

3.

Establishment, incorporation and objects of the University

(1)

There is hereby established a corporation to be known as the City University of Hong Kong (香港城市大學), which shall, in that name, be a body corporate with perpetual succession and be capable of suing and being sued.

(2)

The objects of the University shall, subject to this Ordinance, be to provide for studies, training and research and development in technology, engineering, science, commerce, arts and other subjects of learning.

4.

Chancellor

(1)

There is a Chancellor of the University who is the head of the University.

(2)

The Chief Executive is the Chancellor.

(3)

The Chancellor may confer degrees and other academic awards in the name of the University including honorary degrees and honorary awards.

(4)

The Chancellor may, on the recommendation of the Council, appoint a person to be the Pro-Chancellor for a term to be determined by the Chancellor.

(5)

The Pro-Chancellor may with the authority of the Chancellor exercise the powers and perform the duties of the Chancellor.

5.

Seal of the University

The University shall have a common seal, and the affixing of the seal shall -

(a)

be authorized or ratified by resolution of the Council; and

(b)

be authenticated by the signature of any 2 members of the Council, authorized by the Council either generally or specially to act for that purpose.

6.

Documents of the University

(1)

The University 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 University shall be admitted in evidence and shall, unless the contrary is proved, be deemed to have been duly executed.

7.

The powers of the University

Subject to section 8, the University shall have power to do all such things as are necessary for, or incidental or conducive to, or connected with, the furtherance of its functions and may in particular, but without prejudice to the generality of the foregoing -

(a)

acquire, take on lease, purchase, hold and enjoy property of any description and sell, let or otherwise dispose of or deal with the same in such manner and to such extent as the law would allow if the property were held by a natural person in the same interest;

(aa)

confer degrees and academic awards including honorary degrees and honorary awards;

(b)

(repealed)

(c)

erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate the buildings, premises, furniture and equipment and all other property;

(d)

set terms of remuneration and conditions of service for staff;

(e)

(repealed)

(f)

provide appropriate amenities (including residential accommodation, facilities for social activities and physical recreation) for its students and persons in its employment;

(g)

receive and expend funds;

(h)

invest its funds in such manner and to such extent as it thinks necessary or expedient;

(i)

borrow money in such manner and on such securities or terms as it thinks expedient;

(j)

apply for and receive any grant in aid for its functions on such conditions as it thinks fit;

(k)

engage any professional or expert person to advise it on any matter;

(l)

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;

(m)

reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case;

(n)

receive and solicit gifts, whether on trust or otherwise, on its behalf and act as trustee of moneys or other property vested in it on trust;

(o)

(repealed)

(p)

employ staff, advisers and consultants, on a full time or part time basis;

(q)

provide financial assistance by way of grant or loan in pursuance of its objects;

(r)

enter into a contract, partnership or other form of joint venture with other persons;

(s)

acquire, hold and dispose of interests in other corporate bodies and take part in forming corporate bodies;

(t)

provide for profit or otherwise advisory, consultancy, research and other related services.

8.

(repealed)

Part IIA    The Court

8A.

The Court

(1)

There is to be a Court of the University which is the supreme advisory body of the University.

(2)

The Court shall consist of the Chancellor as chairman and such other persons as the statutes specify.

(3)

The Court has the following functions -

(a)

to receive an annual report from the President;

(b)

to consider reports made to it by the Council;

(c)

to discuss any motion on general University policy;

(d)

to raise funds at the request of the University to further the University's objects;

(e)

to promote the interests of the University in Hong Kong and elsewhere.

Part III    The Council

9.

Establishment of the Council

(1)

There is hereby established a Council, to be known as the Council of the City University of Hong Kong.

(2)

The Council is the supreme governing body of the University.

(3)

The Council may exercise the powers, and shall perform the duties, of the University.

10.

Membership of the Council

(1)

The Council shall consist of the following members -

(a)

the President;

(b)

the Deputy President;

(c)

(repealed)

(d)

(repealed)

(e)

(repealed)

(f)

not more than 15 members who are not students or employees of the University of whom -

(i)

not more than 8 are appointed by the Chief Executive on the recommendation of the Council; and

(ii)

7 are appointed by the Chief Executive;

(g)

an academic member of the Senate nominated by the Senate and appointed by the Council;

(h)

2 members of staff elected from among their number and appointed by the Council;

(i)

the Chairman of the Convocation;

(j)

the President of the Students' Union; and

(k)

1 postgraduate student elected from among postgraduate students and appointed by the Council.

(2)

(a)

The Chief Executive shall appoint from the members appointed under subsection (1)(f) -

(i)

1 member as Chairman;

(ii)

1 member as Deputy Chairman; and

(iii)

1 member as Treasurer.

(b)

The Deputy Chairman shall act as Chairman if the Chairman is absent from Hong Kong or is, for any other reason, unable to act as Chairman.

(c)

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 members may appoint one of the members appointed under subsection (1)(f) to act as Chairman during that period.

(3)

(repealed)

(3A)

A member of the Council appointed under subsection (1)(f) -

(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.

(3B)

A member appointed by the Council under subsection (1)(g), (h) or (k) -

(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)

shall cease to be a member of the Council -

(i)

when he ceases to meet the criteria of eligibility for nomination by the body that nominated him; or

(ii)

when he ceases to be a member of the body that elected him;

(c)

may at any time by notice in writing to the Chairman of the Council resign from the Council.

(4)

Upon the expiry of the appointment of any member, other than an ex officio member, whether by effluxion of time or as a result of resignation or otherwise, the procedure for a new appointment, or reappointment, as the case may be, shall be as if the position thus vacated were being filled for the first time.

(5)

The provisions of this section are without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap. 1).

11.

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)

One half of the number of members for the time being shall form a quorum at a meeting of the Council.

(3)

(a)

If a member has an interest in any matters 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.

(b)

In this subsection "interest" includes a pecuniary interest.

(4)

A meeting of the Council may be adjourned by the Chairman or the person presiding or, where the Council so resolves, by the Council.

(5)

Subject to this Ordinance, the Council may determine its own procedure.

12.

Transaction of business by circulation of papers

The Council may transact any of its business by circulation of papers, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council.

13.

Committees generally

(1)

The Council may create and 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)

The 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 appointed under subsection (1).

(4)

The Council shall not delegate to any committee appointed under subsection (1) the power -

(a)

to approve the terms and conditions of service of any class of persons in the employment of the University;

(b)

(repealed)

(c)

to authorize the preparation of the statements required under section 19(2);

(d)

to make statutes under section 21A;

(e)

to appoint the President and the Deputy President or to remove the President and the Deputy President from office or to approve the duties of the President and the Deputy President.

(5)

Subject to the directions of the Council, each committee may determine its own procedure at its meetings.

Part IV    President, Deputy President and other staff

14.

Appointment of President and other staff

(1)

The Council -

(a)

shall appoint a President who, subject to the control of the Council, is vested the management, conduct and administration of the University, and the welfare and discipline of staff and students;

(b)

may appoint a Deputy President who shall undertake such duties as the President may direct;

(c)

may appoint other persons as employees of the University.

(2)

The President and Deputy President are appointed by resolution of the Council passed by the votes of not less than three quarters of its members for the time being.

(3)

The President or Deputy President may be removed from office on the ground of his misconduct, incompetence, inefficiency or other good cause by resolution of the Council passed by the votes of not less than three quarters of its members for the time being.

(4)

The Council may appoint any person to act as President during the incapacity or absence from Hong Kong of the President or if that office is or becomes vacant for any reason.

(5)

The Council may appoint any person to act as Deputy President during the incapacity or absence from Hong Kong of the Deputy President or if that office is or becomes vacant for any reason.

15.

Power of the Council to delegate to the President

(1)

The Council may in writing, with or without restrictions or conditions as it thinks fit, delegate to the President its powers and duties.

(2)

The Council shall not delegate to the President the power to -

(a)

approve terms and conditions of service of any class of persons in the employment of the University;

(b)

authorize the preparation of the statements required under section 19(2);

(c)

make statutes under section 21A;

(d)

appoint an acting President and Deputy President.

16.

Power of the President 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 persons 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 15.

(2)

The power conferred by this section on the President to delegate any power or duty of the Council delegated to him under section 15, 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 15.

Part V    Senate, Faculties and Convocation

17.

Senate of the University

(1)

There is established a Senate, which is the supreme academic body of the University, to -

(a)

plan, develop and maintain the academic programmes offered by the University;

(b)

direct and regulate the teaching and research at the University;

(c)

regulate the admission of persons to approved programmes of study and their attendance at the programmes;

(d)

regulate the examinations leading to the degrees and other academic awards of the University;

(e)

decide on the award of degrees and other academic awards of the University, other than honorary degrees and other honorary awards.

(2)

The Council may make statutes to determine the membership and procedures of the Senate.

17A.

Faculties, etc.

(1)

The Council on the recommendation of the Senate may establish faculties and other equivalent bodies.

(2)

A faculty is administered by a board of the faculty.

(3)

The Council may make statutes to determine the membership of the board of each faculty.

17B.

Convocation

There is established a Convocation of the University whose constitution and membership may be set by statute made by the Council.

17C.

Senate and faculty committees

The Senate and the board of a faculty may set up committees and, subject to the statutes, may determine the membership and procedures of a committee.

Part VI    Reports and Financial Statements

18.

(repealed)

19.

Accounts

(1)

The University shall maintain proper accounts and records of all income and expenditure.

(2)

After the end of a financial year, the University shall prepare statements of income and expenditure for the financial year and of the assets and liabilities of the University on the last day of the financial year.

(3)

The University may fix a period to be its financial year.

20.

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 19(2) and shall report thereon to the University.

21.

Report to the Chancellor

The University shall not later than 6 months after the end of a financial year, or such longer period as the Chancellor may allow in a particular year, submit to the Chancellor-

(a)

a report on the activities of the University;

(b)

copies of the financial statements prepared under section 19(2); and

(c)

a copy of the auditors' report made under section 20(2).

Part VIA    Statutes

21A.

Statutes

The Council may make statutes for the administration of the University and for matters that this Ordinance provides for inclusion in a statute.

Part VII    General

22.

(repealed)

23.

Unauthorized use of title

(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 company, body corporate, firm or organization which -

(a)

falsely purports or holds itself out to be -

(i)

the University or any branch or part thereof; or

(ii)

connected or associated with the University in any manner whatsoever; or

(b)

with intent to deceive or mislead, uses the title "City University of Hong Kong" or "香港城市大學" or a title in any language which so closely resembles the "City University of Hong Kong" or "香港城市大學" as to be capable of deceiving or misleading any person into believing that the company, body corporate, firm or organization is -

(i)

the University or any branch or part thereof; or

(ii)

connected or associated with the University in any manner whatsoever.

(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine of $10,000.

24.

(repealed)

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