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[接上页] (b) The Authority shall establish and maintain a register ("the register") for the purposes of this subsection. (c) Where a member of the Authority makes a declaration required by this subsection, the Authority shall cause the name of the member to be entered in the register together with the particulars contained in the declaration, and if, in accordance with such a requirement, the member subsequently makes any such declaration, the particulars already so entered shall be added to or otherwise amended in such manner as the Authority considers appropriate. (d) The Authority shall make the register available for public inspection at any reasonable time.(2) A member of the Authority (including the Chairman and the Chief Executive Officer) who is in any way directly or indirectly interested in a contract made or proposed to be made by the Authority, or in any other matter whatsoever which is to be considered, decided or determined by the the Board, shall comply with the following requirements- (a) he shall (if present) disclose to the relevant meeting of the Board the nature of his interest (and such disclosure shall be recorded in the minutes of the meeting); and (b) he shall withdraw from the meeting while the matter is being discussed or considered unless- (i) if he is not the person presiding at such meeting of the Board, he is permitted to take part in such discussion or consideration by the person so presiding; or (ii) if he is the person so presiding, a majority of the other members present at the meeting decide so to permit him; and(c) he shall not vote or otherwise act as a member of the Board in relation to the matter unless so permitted; and (d) he shall neither influence nor seek to influence a decision of the Board as regards the matter otherwise than with the Chairman's prior approval or in accordance with paragraph (b).(3) Where a disclosure is made under subsection (2) and the person concerned is neither required to withdraw from the relevant meeting nor permitted to vote, then for so long as the matter to which the disclosure relates is being discussed or otherwise considered at such meeting the presence of the person by whom the disclosure was made shall be disregarded for the purposes of forming a quorum for the meeting. (4) The validity of any proceeding of the Authority shall not be affected by the failure by a member of the Authority to comply with a provision of this section. (5) The Authority shall prepare a code of practice to be observed as regards the disclosure of interests by persons to whom delegations are made under section 9 (or in case such a delegation is made to a body of persons, by members of that body). (Enacted 1995) Cap 483 s 14 The Public Interest Where at a meeting of the Board a member who is a public officer and is present considers that any matter whatsoever which is to be or is being considered, decided or determined by the Authority, is or could be contrary to, or otherwise raises or puts in issue, or could so raise or put in issue, the public interest as perceived by him, the following shall apply- (a) he shall state to the meeting his opinion regarding the relation between the public interest (as so perceived) and the matter, and, where appropriate, he shall also state how, in his opinion, an actual or potential conflict with that interest (as so perceived) arises or could arise; and (b) for the avoidance of doubt it is hereby declared that unless he has made a declaration or disclosure under section 13 which is relevant to the matter, paragraphs (b), (c) and (d) of section 13(2) shall not apply as regards the matter. (Enacted 1995) Cap 483 s 15 Staff of Authority, consultants Remarks: Adaptation amendments retroactively made - see 36 of 1999 s. 3 (1) (a) The Authority may, with the Chief Executive's prior approval, appoint a person to be the Authority's chief executive officer (the "Chief Executive Officer"). (Amended 36 of 1999 s. 3) (b) Subject to paragraph (c), the duties of the Chief Executive Officer shall include - (i) responsibility for the general management and administration of the Authority's affairs; and (ii) the performance or exercise of such functions or responsibilities (if any) as are for the time being either assigned to him under section 3(6)(b)(ii) or this section or delegated to him under section 9.(c) The Authority may- (i) assign to the Chief Executive Officer a specified responsibility; (ii) direct that a function or a responsibility of the Chief Executive Officer and so specified (in either case) shall be performed or exercised by him only in a manner, or subject to conditions or modifications, so specified; (iii) direct that a function or responsibility described in subparagraph (ii) and so specified shall not be performed or exercised by the Chief Executive Officer.(d) An assignment or direction under paragraph (c) shall remain in force for such period as is specified at the time of the assignment or direction or, in case no period is so specified, until it is subsequently annulled by the Authority.(2) Subject to subsection (1), the Authority may appoint persons to be its officers or other employees. |