【法规名称】
【法规编号】 79953 什么是编号？
【正 文】
第5页 CAP 398 OCCUPATIONAL SAFETY AND HEALTH COUNCIL ORDINANCE
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[接上页] 3. (1) The Council shall appoint an Executive Director and shall determine the terms and conditions of his appointment; but shall obtain the approval of the Chief Executive to any proposed appointment and to the suspension and dismissal of the person appointed. (Amended 54 of 2000 s. 3) (2) The Executive Director shall perform, on behalf of the Council, such functions as the Council may assign to him. (3) The Executive Director shall not without the permission of the Chairman take part in any deliberation of the Council which concerns the terms of his own appointment, suspension or dismissal and shall not vote on any question concerning these matters. 4. (1) Subject to sub-paragraph (3), a member of the Council 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 other than a member appointed under section 3(2)(d) 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) or (c) 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 sub-paragraph (2) 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 54 of 2000 s. 3) 5. If the Chief Executive is satisfied that a member of the Council appointed under section 3(2)(c)- (a) has been absent from more than 3 consecutive meetings of the Council without the permission of the Council; 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 Council to be vacant, and shall notify the fact in such manner manner as the Chief Executive thinks fit; and upon such declaration the office shall become vacant. (Amended 54 of 2000 s. 3) 6. The quorum of the Council shall be 10 and, while a member is disqualified from taking part in a decision or deliberation of the Council in respect of a matter, he shall be disregarded for the purpose of constituting a quorum of the Council for deciding, or deliberating on, that matter. 7. Subject to the foregoing provisions of this Schedule, the Council shall have power to regulate its own procedure including the manner in which decisions of the Council may be made by a quorum of its members otherwise than at a meeting of the Council. 8. The Council 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 meeting of the Council. 9. (1) The Council may create, and appoint the members of, such committees for the better carrying out of the purposes and powers of the Council as it thinks fit. (2) Persons who are not members of the Council are eligible for appointment to committees. (3) The chairman of a committee created under sub-paragraph (1) shall be appointed by the Council and the number of members of a committee shall be determined by the Council. (4) Subject to the terms of any delegation by the Council or to any directions of the Council, a committee- (a) may exercise and perform the delegated powers and functions with the same effect as if it were the Council itself; (b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary; (c) may regulate its own procedure.(5) The proceedings of any committee created under sub-paragraph (1) shall not be invalidated by any defect in the appointment of any member thereof, the absence of any such member from the meeting at which any such proceeding occurred or any vacancy amongst such members. 10. (1) Subject to sub-paragraph (2), the Council may, with or without restrictions or conditions as it thinks fit, delegate in writing any of its powers to any committee created under paragraph 9(1). (2) The Council shall not delegate the power- (a) to create any committee; (b) to appoint the Executive Director; (c) to determine matters relating to the remuneration and terms and conditions of appointment or employment of the Executive Director or, of the staff of the Council; (d) to establish, manage and control, or enter into an arrangement for the establishment, management and control of any fund or scheme for the purpose of providing for the pensions, gratuities, benefits and payments to the staff of the Council; or (e) to furnish after the expiry of the financial year, a report on the affairs of the Council for that year, a copy of its accounts therefor and the auditor's report on the accounts. 11. A certificate signed by the Executive Director that an instrument of the Council purporting to be made or issued by or on behalf of the Council was so made or issued shall be conclusive evidence of that fact. 12. Every document purporting to be an instrument made or issued by or on behalf of the Council and to be duly executed under the seal of the Council or to be signed or executed by the Executive Director or a person authorized by the Council to act in that behalf, shall be received in evidence and deemed, without further proof, to be so made or issued unless the contrary is shown. 13. The Council may engage the services of technical and professional advisers as it thinks fit, and may determine all matters relating to their remuneration and terms and conditions of engagement. (Enacted 1988) |
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