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[接上页] (Amended 16 of 2003 s. 20) 5. Chief Executive may declare office of member of Board to be vacant If the Chief Executive is satisfied that a member of the Board appointed under section 3(1)(a), (b), (c), (d) or (e)- (Amended 16 of 2003 s. 20) (a) has failed to attend 3 consecutive meetings of the Board without the permission of the Board; or (b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or (d) is otherwise unable or unfit to discharge the functions of a member, the Chief Executive may declare his office as a member of the Board to be vacant, and shall notify that fact in such manner as the Chief Executive thinks fit and upon such declaration the office shall become vacant. (Amended 16 of 2003 s. 20) 6. Quorum The quorum of the Board is 5 and, while a member is disqualified from taking part in a decision or deliberation of the Board in respect of a matter, he is disregarded for the purposes of constituting a quorum of the Board for deciding, or deliberating on, that matter. 7. Procedure of Board (1) Subject to the foregoing provisions of this Schedule and to subsections (2) to (5), the Board has power to regulate its own procedure including the manner in which decisions of the Board may be made by a quorum of its members otherwise than at a meeting of the Board. (2) Meetings of the Board shall be held at such times and places as the chairman of the Board may appoint. (3) The chairman appointed under section 3(1)(a) shall preside at any meeting of the Board. (4) If the chairman appointed under section 3(1)(a) is absent from any meeting of the Board, the members present at the meeting shall elect one of their number to act as chairman in his place. (5) The chairman appointed under section 3(1)(a) or the member acting in his place has a deliberative vote on all matters coming before the Board and in the case of an equality of votes he also has a casting vote. 8. Financial year and estimates (1) The Board may, with the prior approval of the Secretary, fix a period of 12 months to be the financial year of the Board. (2) The Board shall, in each financial year, before a date to be appointed by the Secretary, submit to the Secretary a programme of its proposed activities and estimates of its income and expenditure for the next financial year. (3) The Secretary may approve or reject the programme and estimates submitted to him under subsection (2) and, in the case of a rejection, may require the Board to resubmit, within such time as he may direct, the programme or estimates, or both, modified in such manner as he may direct. (4) The Board shall comply with any requirement under subsection (3). (5) Subject to subsection (6), the Board may from time to time vary the estimates submitted under subsection (2), even after their approval by the Secretary. (6) Where the variation referred to in subsection (5) is an upward adjustment, the Board shall obtain the Secretary's prior approval for the variation and where it is a downward adjustment the Board shall inform the Secretary in writing of the details of the variation. 9. Bank account (1) The Board shall open and maintain an account with a bank within the meaning of the Banking Ordinance (Cap 155). (2) The Board shall pay all moneys received by it into the account referred to in subsection (1). 10. Power to write off (1) The Board may write off the whole or any part of any debt due to the Board which it reasonably considers irrecoverable. (2) Any write off under subsection (1) takes effect for accounting purposes alone and does not extinguish any right of the Board to recover the debt which has been written off. 11. Accounts (1) The Board shall maintain proper accounts and records of all income and expenditure. (2) After the end of each financial year, the Board shall cause to be prepared statements of income and expenditure during the previous financial year and of the assets and liabilities of the Board on the last day thereof and shall provide the statements to the auditor appointed under section 12 within 4 months after the end of the financial year. 12. Auditor (1) The Board shall appoint an auditor, who has the right of access to all books of account, documents, vouchers and other records of the Board. (2) The auditor may also require from any person holding or accountable for any such books, documents, vouchers and records such information and explanations that he considers necessary in the performance of his functions. (3) The auditor shall audit the statements prepared under section 11(2) and shall report thereon to the Board within 3 months of the receipt of the statements from the Board. 13. Board may transact business by circulation of papers The Board 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 is as valid and effectual as if it had been passed at a meeting of the Board. |