【法规名称】
【法规编号】 42077 什么是编号？
【正 文】
第2页 CAP 216 CONSUMER COUNCIL ORDINANCE
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[接上页] (4) Where the Chairman, Vice-Chairman or any other member appointed under subsection (1)(c) is precluded by temporary incapacity or other cause from exercising his functions as such for any period the Chief Executive may appoint another person to act in place of the Chairman, Vice-Chairman or other member during such period with all such rights, powers, duties or liabilities as if he had been appointed under subsection (1). (Amended 28 of 1985 s. 2) (5) (Repealed 28 of 1985 s. 2) (6) Where any question arises under subsection (3) or (4) as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Chief Executive thereon shall be final. (Amended 66 of 2000 s. 3) Cap 216 s 7 Meetings of Council (1) Meetings of the Council shall be held at such times and places as the Council, the Chairman or in his absence, the Vice-Chairman may from time to time appoint. (2) The following procedural provisions shall apply to every meeting of the Council and subject thereto the Council may regulate its own procedure- (a) at meetings of the Council 11 members shall form a quorum; (Replaced 28 of 1989 s. 3. Amended 5 of 1992 s. 4) (b) the Chairman or in his absence, the Vice-Chairman shall preside or, if both are absent or disqualified under section 9(c), the members present shall appoint one of their number to preside; (c) every question shall be determined by a majority of votes of the members present and voting thereon; (d) in the event of an equality of votes the member presiding shall have a casting vote in addition to his ordinary vote. (Amended 28 of 1985 s. 3) Cap 216 s 8 Committees (1) The Council may appoint committees and may delegate to them the exercise and performance of any of its powers and functions except this power of delegation. (2) Persons who are not members of the Council are eligible for appointment to committees. (3) Subject to the terms of any delegation by the Council, every committee- (a) may exercise and perform the delegated powers and functions with the same effect as if it were the Council itself; (b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary; (c) may regulate its own procedure. Cap 216 s 9 Disclosure of member's interest If a member of the Council, or of any committee of the Council, has a direct or indirect commercial interest in any matter under discussion at a meeting of the Council or of the committee, being an interest greater than that which he has as a member of the general public, the following provisions shall apply- (a) he shall disclose the nature of his interest at the meeting; (b) the disclosure shall be recorded in the minutes; (c) where the disclosure is made by the member presiding, he shall vacate the chair during the discussion; (d) the member (including one who has vacated the chair under paragraph (c)) shall, if so required by the member presiding, withdraw from the meeting during the discussion and shall not in any case, except as otherwise determined by the member presiding, vote on any resolution concerning the matter or be counted for the purpose of establishing the existence of a quorum. Cap 216 s 10 Appointment of staff and advisers Remarks: Adaptation amendments retroactively made - see 66 of 2000 s. 3 (1) Subject to subsection (4), the Council shall appoint a person to hold office as its chief executive. (Amended 28 of 1985 s. 4) (2) The Council may appoint such other employees as it thinks fit and, subject to subsection (4), determine all matters relating to their remuneration and terms and conditions of appointment or employment. (3) The Council may engage the services of technical and professional advisers in such manner and on such terms and conditions as it thinks fit. (4) The Council shall obtain the prior approval of the Chief Executive to- (a) any appointment proposed to be made under subsection (1) and the terms and conditions thereof; (b) the suspension or dismissal of its chief executive; (c) the salary or salary scale (including allowances and other pecuniary benefits) and conditions of employment applicable to its chief executive and every other employee or class of employee, and any variation thereof. (Amended 28 of 1985 s. 4)(5) No person shall be employed by the Council otherwise than on the salary or salary scale or on the conditions of employment applicable to that person approved by the Chief Executive under subsection (4). (Amended 66 of 2000 s. 3) Cap 216 s 11 Documents of Council (1) The Council may make and execute all such documents as may be expedient for or conducive to the exercise and performance of its powers, functions and duties. (2) The fixing of the seal of the Council to any document shall- (a) be authorized by resolution of the Council; and (b) be authenticated by the signatures of any 2 members authorized by resolution of the Council, either generally or specially, to act for that purpose.(3) Any document purporting to be duly executed under the seal of the Council shall, unless the contrary is proved, be considered to be duly executed. |
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