LC Paper No. LS 206/98-99

Object of the Bill

To convert the body corporate known as Lingnan College ("the College") under the Lingnan College Ordinance (Cap. 422) ("the repealed Ordinance") into a university to be known as the Lingnan University ("the University") under the Bill.

LegCo Brief Reference

2. EMB CR 4/3231/90 III (92) issued by the Education and Manpower Bureau on 16 June 1999.

Date of First Reading

3. 23 June 1999.

Comments

4. The Bill proposes that the College continues in existence as the University on and after the commencement of the Bill. The Bill is based on the provisions of the repealed Ordinance, but proposes a change in the internal governance structure. It also provides for transitional and vesting arrangements consequent upon the conversion.

Objects and Chancellor of the University

5. The objects of the University are extended to provide for education, studies, training and research in humanities, in line with the present range of programmes offered. The Chief Executive remains the head, now addressed as the Chancellor.

New internal governance structure

6. The governance structure of the College consists of a Board of Governors, a Council and an Academic Board. These would be replaced by a Court, a Council and a Senate respectively. A comparison of the composition of the first two bodies are at the Annex.

7. The Bill does not provide for Members of the Legislative Council to elect persons from among their own number to be members of the Council. This is consistent with the provisions of ordinances of other universities¹ except the University of Hong Kong Ordinance (Cap. 1053) and The Chinese University of Hong Kong Ordinance (Cap. 1109) (collectively "the two excepted Ordinances").

8. The Bill proposes that the Court will serve an advisory role even though the Board of Governors has been the supreme governing body of the College. The power to appoint the President and Vice-President, and the power to approve annual budget and estimates would be transferred to the Council of the University.

Statutes

9. The Council has the power to make statutes for the better carrying out of the Lingnan University Ordinance. The Bill expressly provides that such statutes are not subsidiary legislation. This is consistent with the provisions of ordinances of other universities other than (a) the two excepted Ordinances which provide that statutes are subsidiary legislation and (b) The Hong Kong University of Science and Technology Ordinance (Cap. 1141) which provides for statutes to be published in the Gazette. By virtue of the transitional provision, all rules made under the repealed Ordinance and in force immediately before the commencement would, with all necessary modifications, be deemed to be statutes.

Powers and obligations vis-a-vis the Government

10. In line with the practice in other local universities, the following powers and obligations are removed :

1. the power of the Chief Executive in Council to give directions to the College;
   
   
2. the obligation to submit to a person nominated by the Chief Executive a programme of proposed activities and the annual estimates;
   
   
3. the requirement for statements and reports to be laid on the table of the Legislative Council;
   
   
4. the power for the Chief Executive in Council to make regulations.

Public Consultation

11. According to the LegCo Brief, the University Grants Committee ("UGC") supports the change of title and the proposed changes to its internal governance structure.

Consultation with the LegCo Panel

12. The LegCo Panel on Education has been briefed on 21 June 1999. At the meeting, the Administration confirmed that no additional funding arises because the College has already been funded fully on par with other UGC-funded universities. Some Members questioned the lack of LegCo representative in the Council and the insufficient number of elected members and suggested forming a Bills Committee.

Conclusion

13. The Legal Service Division has raised certain queries on the legal and drafting aspects of the Bill. In the meantime, Members may consider setting up a Bills Committee to study the Bill in detail.


Encl


Prepared by


Wong Sze-man, Bernice
Assistant Legal Adviser
Legislative Council Secretariat
22 June 1999

Bill/LS/B/92/98-99

Annex

		Council of theCollege	Council of theUniversity
I. members appointed by the Chief Executive	ex-officio members of the Board of Governors or the Court	8	10
	appointed	7*	8
	nominated by Lingnan Education Organization Limited	7	7
II. Elected members	eligible staff	2	2
	Academic Board or Senate	2	2
	Professors and Chair Professors		1
III. Ex-officio members	President	1	1
	Vice-President		1
	President of the Students' Union		1
Total		27	33

		Board of Governors of the College	Court of the University
I. members appointed by the Chief Executive	appointed	8	10 ex-officio
	nominated by Lingnan Education Organization Limited	18	19
	nominated by other appointed members	9
	nominated by the Council		up to 6
II. Elected members	eligible staff	3	1
	Senate		1
	Professors and Chair Professors		1
III. Ex-officio members	President	1	1
	Vice-President		1
	President of the Students' Union		1
	graduate or past student	1	1
Total		40	up to 42

Note

1 The Hong Kong Polytechnic University Ordinance (Cap. 1075)
Hong Kong Baptist University Ordinance (Cap. 1126)
City University of Hong Kong Ordinance (Cap. 1132)
The Hong Kong University of Science and Technology Ordinance (Cap. 1141)
The Open University of Hong Kong Ordinance (Cap. 1145)


* (4 of whom have experience in commerce and industry)