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Chapter:

232 PDFTitle:POLICE FORCE ORDINANCEGazette Number:L.N. 289 of 1999
Section:39AHeading:Commissioner to be corporation sole for purposes of this PartVersion Date:19/11/1999

(1) The Commissioner of Police of Hong Kong is constituted as a corporation sole for the purposes of this Part with the corporate name of "Commissioner of Police Incorporated".
(2) The corporation-

        (a) has perpetual succession; and
        (b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and
        (c) may take legal proceedings and be proceeded against in its corporate name; and
        (d) is required to have a corporate seal; and
        (e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.
(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Commissioner or by any police officer authorized to do so by the Commissioner.
(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Commissioner or a police officer designated for the purpose by the Commissioner.
(5) The corporation is not a trustee for the beneficiaries, but, subject to subsection (6), nothing in this Part limits a right conferred by law to bring legal proceedings against the corporation for a contravention of this Part or a failure to perform a duty imposed by this Part.
(6) Neither the Commissioner nor any delegate of the corporation is personally liable in any legal proceedings arising out of an act done or omitted to be done in relation to the Police Welfare Fund if the act was done or omitted to be done in good faith for the purpose of giving effect to this Part.
(Part IV replaced 58 of 1999 s. 3)