【法规名称】
【法规编号】 79947 什么是编号？
【正 文】
第8页 CAP 423 EMPLOYEES RETRAINING ORDINANCE
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[接上页] (Enacted 1992) Cap 423 s 32 Protection of members and employees of Board (1) No- (a) member of the Board; (b) member of any committee of the Board; (c) employee of the Board; (d) person exercising powers in association with the Board under section 5(2)(g),acting in good faith shall be personally liable for any act done or default made by- (i) the Board; (ii) any committee of the Board; or (iii) any such member, employee or person,in the exercise and performance (or the purported exercise and performance) of the powers and functions conferred and imposed on the Board under this Ordinance. (2) The protection afforded under subsection (1) to any member, employee or other person in respect of any act or default shall not affect any liability of the Board for that act or default. (Enacted 1992) Cap 423 s 33 Transitional (1) Where, immediately before the commencement of this Ordinance under section 1(2), there was in existence a scheme relating to the importation of labour the terms of which included an obligation on the part of employers to pay to the Director a levy in respect of employees granted visas by the Director under that scheme in accordance with quotas allocated by the Secretary to those employers in respect of those employees, that scheme shall, on and from that commencement, be deemed to be a labour importation scheme within the meaning of section 2. (2) (Repealed 5 of 1997 s. 7) (3) The first financial year of the Board (which year may run for a period of more than 12 months) shall be deemed to have commenced on 9 January 1992 and shall end on such date as the Board may determine. (Enacted 1992) Cap 423 Sched 1 PROVISIONS AS RESPECTS THE BOARD AND THE MEMBERS THEREOF [sections 3(4), 24 & 31] Seal and status 1. The Board shall have a common seal. 2. The Board shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government. (Amended 23 of 2002 s. 37) Members 3. (1) Subject to subsection (3), a member of the Board shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment. (2) Any member appointed under section 3(2)(a) of this Ordinance may at any time- (a) resign his office by notice in writing 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. (3) Where any member appointed under section 3(2)(a) of this Ordinance 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. (4) Where any question arises under subsection (2)(b) or (3) 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. (Amended 56 of 2000 s. 3) 4. If the Chief Executive is satisfied that a member of the Board appointed under section 3(2)(a) of this Ordinance- (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 56 of 2000 s. 3) Meetings 5. The quorum of the Board shall, in the absence of a quorum decided by the Board, be 7 and, while a member is disqualified from taking part in a decision or deliberation of the Board in respect of a matter, he shall be disregarded for the purposes of constituting a quorum of the Board for deciding, or deliberating on, that matter. 6. (1) Subject to the foregoing provisions of this Schedule and to subsections (2) to (5), the Board shall have 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 may appoint. (3) The Chairman shall preside at any meeting of the Board. (4) If the Chairman is absent from any meeting of the Board, the Vice-Chairman shall act as Chairman in his place, and in the absence of the Vice-Chairman the members present at the meeting shall elect one of their number to act as Chairman. (5) The person presiding at any meeting of the Board shall have a deliberative vote on all matters coming before the Board and in the case of an equality of votes he shall also have a casting vote. Transaction of business |
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