【法规名称】
【法规编号】 44263 什么是编号？
【正 文】
第5页 CAP 472 HONG KONG ARTS DEVELOPMENT COUNCIL ORDINANCE
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[接上页] (Enacted 1995) Cap 472 s 18 Rule making powers of the Council (1) The Council may make rules for the better carrying out of the functions of the Council and the provisions of this Ordinance. (2) Without affecting the generality of subsection (1) the rules may provide for the regulation of- (a) the procedures governing meetings of the Council and any committee; (b) the conditions and terms of employment and the welfare of persons employed or engaged by the Council; and (c) financial procedures. (Enacted 1995) Cap 472 s 19 (Omitted as spent) (Omitted as spent) Cap 472 s 20 (Omitted as spent) (Omitted as spent) Cap 472 SCHEDULE Remarks: Adaptation amendments retroactively made - see 59 of 2000 s. 3 [sections 2 & 3(8)] PROVISIONS WITH RESPECT TO THE COUNCIL AND ITS MEMBERS 1. Affixing of Council common seal (1) The Council shall have a common seal and has perpetual succession. (2) The affixing of the common seal of the Council shall be authorized by the Council and shall be authenticated by the signature of any 2 members of the Council authorized by a resolution of the Council. (3) The Council may make and execute any document in the carrying out of its functions, powers or duties. (4) Any document purporting to be executed under the common seal of the Council shall, unless there is evidence to the contrary, be deemed to have been so executed and shall be received in evidence without further proof. (5) 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 specifically authorized by the Council for that purpose. 2. Terms and conditions of appointment and removal of Council members (1) Subject to subsections (2), (3) and (4), a member of the Council shall hold and vacate office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment. (2) An appointed member may at any time resign his office by notice in writing to the Chief Executive, and the resignation shall take effect from the date specified in the notice and where no date is specified on receipt of the notice by the Chief Executive. (Amended 59 of 2000 s. 3) (3) If an appointed member of the Council- (a) has been absent from meetings of the Council for a period longer than 4 consecutive months without the permission of the Council; (b) becomes bankrupt or enters into a composition or scheme of arrangement with his creditors, within the meaning of the Bankruptcy Ordinance (Cap 6); (c) becomes incapacitated by physical or mental illness; or (d) is in the opinion of the Chief Executive otherwise unable or unfit to discharge the functions of a member of the Council,the Chief Executive may by notice in writing to the Council declare his office as a member of the Council to be vacant and may notify the fact in a manner that the Chief Executive considers appropriate, and upon the declaration the office becomes vacant. (Amended 59 of 2000 s. 3) (4) A person whose office is declared vacant under subsection (3) is not eligible for reappointment. 3. Absence of Chairman etc. If for any period- (a) the Chairman, due to absence from Hong Kong or for any other reason, is unable to act as Chairman; or (b) the Vice-chairman or a member is precluded by temporary incapacity or any other reason from performing his functions as Vice-chairman or a member, as the case may be,the Chief Executive may appoint another person to act in the place of the Chairman, the Vice-chairman or a member, as the case may be, for that period. (Amended 59 of 2000 s. 3) 4. Holding of Council meetings (1) Meetings of Council shall be held at intervals of not more than 3 months and at more frequent times (if any) and at places that the Chairman may determine. (2) If directed by the Council, the executive officer shall, unless it is not reasonably practicable, attend all the meetings of the Council and of all committees of the Council. (3) At a meeting of the Council, the Chairman shall preside and if the Chairman is absent from any meeting of the Council for any reason or if the office of Chairman is vacant, the Vice-chairman shall preside. (4) In the absence from any meeting or in the case of the vacancy of the office of the Chairman and the Vice-chairman, the members present shall before any other business is transacted elect a chairman from amongst themselves for the duration of that meeting. 5. Quorum and voting at Council meetings (1) The quorum for any meeting of the Council shall be 1/2 of its members for the time being and while a member is disqualified from taking part in a decision or a deliberation of the Council in respect of any matter, he shall be disregarded for the purpose of constituting a quorum for deciding or deliberating on that matter. (2) The Chairman, the Vice-chairman acting in his place or a chairman elected under section 4(4) has a casting vote in addition to his original vote at any meeting of the Council. |
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