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[接上页] (2) The Council may, with the approval of the Chief Executive, establish, manage and control, or enter into an arrangement with an insurance company or association for the establishment, management and control by such company or association either alone or jointly with the Council of a provident fund scheme for the benefit of all or any of the officers and servants of the Council or of any specified class of officer or servant of the Council, and if so required by the rules governing such scheme may make contributions thereto in accordance with such rules. (3) Subsection (1)(j) shall not permit the delegation of the power- (a) to approve the annual programme or estimates of income and expenditure of the Council, or (b) to authorize the annual report or statements of income and expenditure and of assets and liabilities of the Council, or (c) (Repealed 83 of 1974 s. 2) (d) to approve general terms and conditions of service of officers or servants of the Council, or (e) to transfer, under section 16(4)(a), any sum exceeding the amount specified in Part I of the Second Schedule from any major head of expenditure to any other major head or heads of expenditure in the approved estimates of expenditure of the Council, or (f) to establish or enter into any arrangement for the establishment of a provident fund scheme under subsection (2),and shall not permit the delegation to any committee appointed under subsection (1)(i) of the power to transfer any sum from any sub-head of expenditure to any other sub-head in the approved estimates of expenditure of the Council. (Amended 57 of 1985 s. 4; 65 of 2000 s. 3) Cap 1116 s 5A Chief Executive in Council may give directions Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 (1) The Chief Executive in Council may, if he considers the public interest so requires, give directions in writing to the Council with respect to the exercise of its powers and the performance of its functions under this Ordinance, and the Council shall comply with those directions. (Amended 57 of 1985 s. 5; 65 of 2000 s. 3) (2) No such direction shall be inconsistent with any provision of this Ordinance. (Added 70 of 1979 s. 3) Cap 1116 s 6 Approval of salary scales by Chief Executive Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 (1) The Council shall, before establishing or varying any salary scale (including any scale of allowances and other pecuniary benefits) for any officer or servant or class of officer or servant of the Council, submit for the approval of the Chief Executive particulars thereof, and the Chief Executive may confirm the same either generally in respect of the relevant class of officer or servant or specially in respect of a particular officer or servant or a particular post. (2) No officer or servant of the Council shall be paid any salary other than a salary in the appropriate scale approved by the Chief Executive under subsection (1). (Amended 65 of 2000 s. 3) Cap 1116 s 7 Seal of the Council (1) The Council shall have a common seal, and the fixing of the seal shall- (a) be authorized or ratified by resolution of the Council; and (b) be authenticated by the signatures of any 2 members of the Council, authorized by resolution of the Council either generally or specially to act for that purpose.(2) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Cap 1116 s 8 Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose. Cap 1116 s 9 Membership of Council Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 PART III MEMBERSHIP AND PROCEDURE OF COUNCIL (1) The Council shall consist of not more than 23 members to be appointed by the Chief Executive, of whom- (Amended 18 of 1990 s. 3) (a) one shall be appointed by the Chief Executive as Chairman of the Council; (b) not more than 17 shall be appointed to represent management, labour and professional or academic interests; and (Amended 18 of 1990 s. 3; 67 of 1993 s. 4) (c) not more than 5 shall be public officers. (Replaced 83 of 1974 s. 3. Amended 67 of 1993 s. 4)(2) There shall be a Deputy Chairman of the Council who shall be appointed by the Chief Executive from amongst the members. (3) (a) Every member of the Council who is a public officer shall hold office at the discretion of the Chief Executive. (b) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap 1), every member of the Council who is not a public officer shall be appointed for a period of 2 years or for such lesser period as the Chief Executive may in any particular case appoint, but may from time to time be reappointed.(4) Any member who is not a public officer may at any time by notice in writing to the Chief Executive resign from the Council. |