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[接上页] (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 1990) Cap 411 s 29 Transitional (1) Subject to subsection (2), notwithstanding the amendment or repeal by this Ordinance of- (a) the provisions of the Occupational Safety and Health Council Ordinance (Cap 398); and (b) the Occupational Safety and Health Council Levy (Rate of Levy) Order (Cap 398 sub. leg.),those provisions and that order shall, in respect of any insurance policy (referred to in that Ordinance and in force immediately before the date the levy under section 14 becomes payable), the premium payable in respect thereof, the levy imposed under that Ordinance and payable on such a premium and the rate of levy applicable thereto, continue to apply to such policy, premium, levy and rate of levy, respectively, to the same extent that those provisions and that order applied immediately before their amendment or repeal. (2) This section shall not apply to any insurance policy referred to in subsection (1) which is renewed after the date the levy under section 14 becomes payable. (Enacted 1990) Cap 411 s 30 (Omitted) (Omitted) (Enacted 1990) Cap 411 s 31 (Omitted) (Omitted) (Enacted 1990) Cap 411 Sched 1 PROVISIONS WITH RESPECT TO THE BOARD AND MEMBERS THEREOF [section 3(4)] 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. 36) 3. (1) Subject to subparagraph (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), (b), (c), (d) or (e) 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), (b), (c), (d) or (e) 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 subparagraph (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), (b), (c), (d) or (e)- (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) 5. The quorum of the Board shall be 4 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 subparagraphs (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 members present at the meeting shall elect one of their number to act as Chairman in his place. (5) The Chairman or the member acting in his place 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. 7. 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 shall be as valid and effectual as if it had been passed at a meeting of the Board. 8. (1) The Board may create, and appoint the members of, such committees for the better carrying out of the powers and functions of the Board as it thinks fit. (2) Persons who are not members of the Board are eligible for appointment to committees. |