【法规名称】
【法规编号】 44008 什么是编号？
【正 文】
第2页 CAP 389 HONG KONG COUNCIL ON SMOKING AND HEALTH ORDINANCE
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[接上页] (3) Any member appointed under this section may at any time- (a) resign his office by notice to the Chief Executive; or (b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause,and upon such resignation or removal the term for which he was appointed shall be deemed to have expired. (4) Where any member appointed under subsection (1)(a) or (b) is precluded by temporary incapacity or other cause from exercising his functions as a member for any period, the Chief Executive may appoint another person to act in place of that member during that period with all such rights, powers, duties or liabilities as if that person had been appointed under subsection (1)(a) or (b), as the case may be. (5) 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 shall be final. (Enacted 1987. Amended 60 of 2000 s. 3) Cap 389 s 6 Committees of Council (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. (Enacted 1987) Cap 389 s 7 Proceedings of Council (1) At a meeting of the Council 8 members shall form a quorum. (2) At a meeting of the Council the Chairman shall preside or if he is absent the Vice-Chairman; if both the Chairman and the Vice-Chairman are absent the members present shall appoint one of their number to preside. (3) All questions for determination at a meeting of the Council shall be decided by a majority of votes of the members present and voting thereon and where there is an equality of votes the member presiding shall have a casting vote in addition to his original vote. (4) 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 and the members present shall appoint one of their number to preside; (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.(5) Subject to this Ordinance, arrangements relating to meetings of the Council, and the procedure at and the conduct of its meetings, shall be such as the Council may determine. (Enacted 1987) Cap 389 s 8 Validity of proceedings The validity of any proceedings of the Council 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 any such proceeding occurred; or (c) any vacancy among members. (Enacted 1987) Cap 389 s 9 Transaction of business by circulation of papers The Council may transact any of its business by circulation of papers amongst members whether any such member is in or outside Hong Kong, 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 Council. (Enacted 1987) Cap 389 s 10 Staff of Council The Council- (a) shall appoint a person to hold the office of Executive Director; (b) may appoint such other employees as it thinks fit; and (c) may engage the services of technical and professional advisers as it thinks fit,and may determine all matters relating to their remuneration and terms and conditions of appointment or engagement. (Enacted 1987) Cap 389 s 11 Staff benefits (1) The Council may- (a) provide allowances and benefits for its employees; (b) make payments, whether ex gratia or legally due, to the personal representative of a deceased employee or to any person who was dependent on such employee at his death.(2) The Council 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 Council of, any fund or scheme for the purpose of providing for the allowances, benefits and payments referred to in subsection (1). |
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