The Prince Philip Dental Hospital Ordinance


Published: 1997-06-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 1081 - THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE 1

Chapter: 1081 THE PRINCE PHILIP DENTAL HOSPITAL
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the establishment and incorporation of a Board of Governors of The Prince Philip Dental Hospital, to
empower the Board to manage and administer the Hospital and to provide for matters incidental thereto or
connected therewith.


[29 May 1981]


(Originally 36 of 1981)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as The Prince Philip Dental Hospital Ordinance.

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Board" (管理局) means the Board of Governors of the Hospital established by section 4;
"Chairman" (主席) means the Chairman of the Board appointed under section 5(1) or (4);
"Comptroller" (審計主任) means the Comptroller of the Hospital appointed under section 12(3);
"Director" (院長) means the Director of the Hospital appointed under section 12(1) or any person appointed under

section 12(2A) to perform the functions of the Director; (Amended 3 of 1992 s. 2)
"functions" (職能) includes powers and duties;
"Hospital" (醫院) means The Prince Philip Dental Hospital;
"Member" (成員) means a member of the Board.

Section: 3 Objects of Hospital 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1) The objects of the Hospital shall be to provide facilities for the training of dentists and other persons in
professions supplementary to dentistry.

(2) Notwithstanding subsection (1) the facilities of the Hospital shall, if the Chief Executive in Council so
directs after consultation with the Board, be used for such other dental or medical purposes as may be specified in the
direction. (Amended 60 of 2000 s. 3)

Section: 4 Board of Governors 30/06/1997


(1) There is hereby established a Board of Governors of The Prince Philip Dental Hospital, 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.

(2) The Board shall have a common seal, the affixing of which shall be authenticated by the signature of any 2
members.

(3) Any document purporting to be a document duly executed under the seal of the Board shall be received in
evidence and shall, unless the contrary is proved, be deemed to be a document so executed.




Cap 1081 - THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE 2

Section: 5 Membership of Board 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1) The Board shall consist of-
(a) the following who shall be ex-officio members-

(i) the Director; and
(ii) the Comptroller; and

(b) the following who shall be appointed by the Chief Executive-
(i) the Chairman of the Board;
(ii) 4 members of the University of Hong Kong;
(iii) 2 persons, other than public officers, who are registered dentists;
(iv) 4 persons who are public officers; and
(v) 3 other persons who are not public officers.

(2) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1), a member
who is not an ex-officio member or a public officer may be appointed for a period of 3 years, or for such lesser period
as the Chief Executive may in any particular case appoint, and may from time to time be re-appointed.

(3) A member who is not an ex-officio member or a public officer may at any time, by notice in writing to the
Chief Executive, resign from the Board.

(4) If the Chairman is absent from Hong Kong or is for any other reason unable to act as Chairman, the Chief
Executive may appoint another member to be Chairman in his place during his absence or inability.

(5) If any member, other than the Chairman, is absent from Hong Kong or is for any other reason unable to
exercise the powers or perform the duties of his office as member, the Chief Executive may appoint another person to
be a temporary member in his place during his absence or inability.

(Amended 60 of 2000 s. 3)

Section: 6 Functions of the Board 30/06/1997


The Board shall commission, manage and maintain the Hospital and shall have power to do all such things as are
necessary for, or incidental to or conducive to, the better carrying out of the objects of the Hospital and 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) 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 Hospital;
(d) fix and collect fees and charges payable by patients and other persons for the facilities and services

provided by the Hospital;
(e) reduce, waive or refund fees and charges so fixed generally or in any particular case or class of case;
(f) approve the expenditure of the funds of the Hospital in the furtherance of its objects;
(g) with the prior approval of the Financial Secretary, invest the funds of the Hospital in such manner and

to such extent as it thinks fit;
(h) with the prior approval of the Financial Secretary, borrow moneys in such manner and on such

securities or terms as it thinks fit;
(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 gifts and donations on behalf of the Hospital.


Section: 7 Meetings and proceedings of the Board 30/06/1997


(1) Meetings of the Board shall be held at such times and places as the Chairman may appoint.
(2) A quorum shall be 7 members.
(3) At any meeting of the Board the Chairman shall preside.



Cap 1081 - THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE 3

(4) If the Chairman is absent from any meeting of the Board, the members present at the meeting shall elect one
of their number to preside at the meeting in his place.

(5) The Chairman or member presiding shall have a deliberative vote on all matters coming before the Board
and in the case of an equality of votes he shall also have a casting vote.

(6) If a member has a pecuniary interest in any matter to be considered at a meeting of the Board and is present
at such meeting, he shall as soon as practicable after the commencement of the meeting disclose to the Board the fact
and nature of the interest.

(7) Such member shall,if so required by the meeting, withdraw from the meeting while the Board is
considering the matter and in any case shall not vote thereon.

(8) Subject to this Ordinance, the Board may determine its own procedure.

Section: 8 Transaction of business by circulation of papers 30/06/1997


The Board 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 Board.

Section: 9 Validity of proceedings 30/06/1997


The validity of any proceedings of the Board shall not be affected by-
(a) any defect in the appointment of any member;
(b) the absence of any member from the meeting at which such proceedings occurred; or
(c) any vacancy among members.


Section: 10 Committees 30/06/1997


(1) The Board may appoint committees for the better discharge of its functions under this Ordinance.
(2) A committee appointed under this section may include persons who are not members of the Board:
Provided that at least two-thirds of the members of every committee shall be members of the Board.
(3) Subject to the directions of the Board, each committee may determine its own procedure at its meetings.


Section: 11 Delegation 30/06/1997


(1) Subject to subsection (2), the Board may in writing delegate to the Director or the Comptroller or to any
committee appointed under section 10 any of its functions:

Provided that no delegation shall preclude the Board from exercising or performing at any time any function so
delegated.

(2) The Board shall not delegate its functions under section 6(d), 12(5) or 15.

Section: 12 Appointment of Director and other staff 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1) There shall be a Director of the Hospital who shall be-
(a) qualified in dentistry; and
(b) a member of the teaching staff of the University of Hong Kong and nominated by the University; and
(c) appointed by the Chief Executive. (Amended 60 of 2000 s. 3)

(2) The Director shall be responsible to the Board for the management, conduct and administration of the
Hospital.

(2A) If the Director is absent from Hong Kong or is unable to function as Director, the Chairman may appoint a
person who is qualified in dentistry and who is a member of the teaching staff of the University of Hong Kong and
nominated by the University, to act as Director during the Director's absence or inability. (Added 3 of 1992 s. 3)

(2B) An appointment under subsection (2A) is terminated at the end of 44 days after it is made unless it is
confirmed by the Board. (Added 3 of 1992 s. 3)



Cap 1081 - THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE 4

(3) The Board shall appoint a person to be the Comptroller of the Hospital who-
(a) shall assist the Director in the management, conduct and administration of the Hospital; and
(b) shall be responsible directly to the Board for the financial matters and budgets relating to the operation

of the Hospital.
(4) The Board may employ such persons as it thinks fit for the purposes of the Hospital.
(5) The Board shall determine all matters relating to the remuneration of employees and to their terms and

conditions of employment.

Section: 13 Staff benefits 30/06/1997


(1) The Board may-
(a) grant, or make provision for the grant of, pensions, gratuities and retirement benefits, to its employees;
(b) provide other benefits for the welfare of its employees and their dependants;
(c) make payments, whether ex gratia or legally due, to the legal personal representative of a deceased

employee or to any person who was a dependant of such employee at his death.
(2) The Board may establish, manage and control or enter into an arrangement with any company or

association for the establishment, management and control by such company or association either alone or jointly with
the Board of any fund or scheme for the purpose of providing pensions, gratuities, benefits and payments referred to in
subsection (1).

(3) The Board may make contribution to any fund or scheme referred to in subsection (2) and may require its
employees to make contributions thereto.

(4) The Board may supply living accommodation and household effects for the occupation and use of
employees and advisers of the Board and their families, at such rent and on such terms and conditions as it may
determine.

(5) In this section "employees" (僱員) includes any class of employee which the Board may specify and in
subsection (1) includes former employees.

Section: 14 Funds of the Board 30/06/1997


The funds of the Board shall consist of-
(a) the fees and charges paid by patients and other persons for the facilities and services provided by the

Hospital;
(b) such sums as the Board may borrow;
(c) such subsidies as may be made available from time to time by the Government to assist towards the

running of the Hospital;
(d) any gifts or donations received by the Board.


Section: 15 Programme and estimates 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1) The Board shall, from time to time, with the prior approval of the Chief Executive, fix a period to be the
financial year of the Board.

(2) In each financial year, before a date to be appointed by the Chief Executive, the Board shall submit to the
Chief Executive a programme of its proposed activities and estimates of receipts and payments of the Board for the
next financial year.

(3) The estimates of receipts submitted under subsection (2) shall include details of the fees and charges which
the Board proposes to charge patients and other persons and a statement of any proposed increase in such fees and
charges.

(4) The Chief Executive shall consider the programme, estimates and proposed fees and charges submitted to
him under subsection (2) and may approve or reject them, and, in the case of rejection, may require the Board to
resubmit the programme or estimates or proposed fees and charges, or all or any of them modified in such manner and
within such time as the Chief Executive may direct.



Cap 1081 - THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE 5

(5) The Board may from time to time vary the estimates of receipts and payments approved under subsection
(4) and shall, as soon as practicable, deliver to the Chief Executive details of any variation.

(Amended 60 of 2000 s. 3)

Section: 16 Accounts and statements 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1) The Board shall keep such accounts of its transactions as the Director of Accounting Services may require
and shall prepare for the period from the commencement of this Ordinance to the date fixed by the Board to be the
close of the first financial year of the Board, and for each financial year of the Board thereafter, a statement of the
accounts of the Board, which statement shall include an income and expenditure account, a balance sheet and a
statement of receipts and payments, and shall be signed by the Chairman.

(2) The signed statement of the accounts of the Board shall be submitted by the Chairman to an auditor who
shall be appointed by the Board with the prior approval of the Chief Executive not later than 6 months after the end of
the period to which it relates or such later date as the Chief Executive may allow. (Amended 60 of 2000 s. 3)

(3) The accounts of the Board and the signed statement of the accounts shall be audited by the appointed
auditor, who shall certify such statement subject to such report, if any, as he may think fit.

(4) A copy of the signed and audited statement of accounts together with the report, if any, of the appointed
auditor and a report by the Board on its activities during the period covered by the audited accounts, shall be submitted
to the Chief Executive and laid on the table of the Legislative Council within 3 months of the receipt by the Board of
the signed and audited statement of accounts from the appointed auditor. (Amended 60 of 2000 s. 3)

Section: 17 Power of Chief Executive in Council to give directions 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1) The Chief Executive in Council may give the Board directions of a general character as to the discharge by
the Board of its functions under this Ordinance in relation to matters appearing to the Chief Executive in Council to
affect the public interest, including the making of any honorary, academic or professional awards.

(2) The Board shall, in the exercise or performance of any function under this Ordinance, comply with any
directions given by the Chief Executive in Council under subsection (1).

(Amended 60 of 2000 s. 3)

Section: 18 Board to supply information to Chief Executive 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3


The Board shall, whenever so required by the Chief Executive, furnish the Chief Executive with such
information relating to the operation of the Hospital as the Chief Executive may require.

(Amended 60 of 2000 s. 3)

Section: 19 Board not servant or agent of the Government 23 of 2002 19/07/2002


The Board is not the servant or agent of the Government and does not enjoy any status, immunity or privilege of
the Government.

(Amended 23 of 2002 s. 40)

Section: 20 Regulations 60 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 60 of 2000 s. 3



Cap 1081 - THE PRINCE PHILIP DENTAL HOSPITAL ORDINANCE 6


The Chief Executive in Council may make regulations for the better carrying out of the provisions of this

Ordinance.
(Amended 60 of 2000 s. 3)


Section: 21 Transfer of rights and liabilities and other transitional

provisions
30/06/1997



(1) All rights, obligations and liabilities of the Provisional Board immediately before the commencement of
this Ordinance are as from such commencement the rights, obligations and liabilities of the Board and the Board shall
have all necessary powers to enforce those rights and discharge those obligations and liabilities.

(2) Without limiting the generality of subsection (1), every agreement, whether in writing or not, to which the
Provisional Board was a party immediately before the commencement of this Ordinance and whether or not of such a
nature that the rights and liabilities thereunder could be assigned shall have effect as from such commencement as if-

(a) the Board had been party to such agreement in lieu of the Provisional Board; and
(b) for any reference, however worded and whether expressed or implied, to the Provisional Board there

were substituted in respect of anything to be done or omitted on or after the commencement of this
Ordinance a reference to the Board.

(3) Where necessary for the purpose of giving effect to subsection (1), subsection (2)(b) shall also apply to any
document, not being an agreement, having therein references to the Provisional Board.

(4) The appointment of any employee of the Provisional Board subsisting immediately before the
commencement of this Ordinance shall be deemed to be made by the Board under this Ordinance and for the purpose
of determining the right to pension, gratuity or other benefits of such employee on the cessation of his service, there
shall be no break in the continuity thereof by reason only of this section.

(5) Where anything has been commenced by or under the authority of the Provisional Board before the
commencement of this Ordinance such thing may be carried on and completed by, or under the authority of, the
Board.

(6) In this section "Provisional Board" (臨時管理局) means the Provisional Board of The Prince Philip Dental
Hospital appointed by the Governor before the commencement of this Ordinance.

Related Laws