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An Ordinance to provide for the registration of architects and disciplinary control of the professional activities of registered architects, and for related matters. [4 May 1990] (Originally 21 of 1990) Cap 408 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Architects Registration Ordinance. Cap 408 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Board" (管理局) means the registration board established under section 4; "Chairman" (主席) means the Chairman of the Board elected under section 6; "Council" (理事会) means the Council of the Institute; "disciplinary offence" (违纪行为) means an act or omission set out in section 21(1); "inquiry committee" (研讯委员会) means an inquiry committee established under section 22; "Institute" (学会) means the Hong Kong Institute of Architects established under the Hong Kong Institute of Architects Incorporation Ordinance (Cap 1147); "member of the Institute" (学会会员) means a person who is a Member or a Fellow under the constitution of the Institute; "register" (注册纪录册) means the register established under section 8; "Registrar"(注册主任) means the Registrar appointed under section 11; "registration committee" (注册事务委员会) means the registration committee established under section 17; "review committee" (覆核委员会) means a review committee appointed under section 26(2). Cap 408 s 3 Application This Ordinance applies to any person who is involved in the design, construction or fitting out of buildings and who describes himself as an architect. Cap 408 s 4 Constitution of the Board Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 PART II ARCHITECTS REGISTRATION BOARD (1) There is established a board to be known as the Architects Registration Board which shall be a body corporate having perpetual succession and a common seal. (2) The Board shall consist of 10 members appointed by the Council and, in addition, may include one member appointed by the Chief Executive. (Amended 57 of 1999 s. 3) (3) The Chief Executive shall give notice in the Gazette of every appointment made under this section. (Amended 57 of 1999 s. 3) (4) The Council shall not appoint a person as a member of the Board unless he is a member of the Institute. Cap 408 s 5 Tenure of office Remarks: Adaptation amendments retroactively made - see 57 of 1999 s. 3 (1) Members appointed by the Council- (a) shall be appointed for 4 years or such lesser period as may be specified in the terms of appointment; (b) may resign by giving notice in writing to the Board; and (c) subject to subsection (2) may be reappointed.(2) A member- (a) who has been a member of the Board appointed by the Council continuously for 8 years; or (b) whose period of service as a member of the Board appointed by the Council exceeds 8 years in any 10 year period,may not be reappointed until a period of 2 years since he last served has elapsed when he shall be eligible for reappointment as if he had not previously been appointed. (3) The member appointed by the Chief Executive shall hold office at the discretion of the Chief Executive. (Amended 57 of 1999 s. 3) (4) If the Board is satisfied that a member of the Board appointed by the Council- (a) has become bankrupt or has entered into a voluntary arrangement with his creditors within the meaning of the Bankruptcy Ordinance (Cap 6); (Amended 76 of 1996 s. 88) (b) has become so incapacitated by physical or mental illness as to be unable to carry out his duties as a member; (c) has ceased to be ordinarily resident in Hong Kong; (d) has been sentenced to imprisonment, whether suspended or not, by any court or magistrate; (e) has been found guilty of a disciplinary offence; or (f) notwithstanding any of the other grounds for removal, is, in the opinion of the Board, unable or unfit to carry out his functions as a member of the Board,the Board may by notice in writing terminate his appointment. (5) Where any member of the Board appointed by the Council is precluded by temporary absence or incapacity from carrying out his functions as a member for any period or resigns, the Council may appoint another person to hold office in place of such member- (a) in the case of a temporary absence or incapacity, during the period of temporary absence or incapacity; or (b) in the case of a resignation, for the balance of the period for which the resigning member was due to serve. Cap 408 s 6 Chairman (1) The Board shall elect a Chairman and a Vice-chairman each year from among the members and not more than 15 months shall elapse between the date of one election and the next. (2) A member elected as Chairman or Vice-chairman under subsection (1) may at any time, by notice in writing to the Board, resign from the office of Chairman or Vice-chairman. Cap 408 s 7 Proceedings (1) The Chairman, or in his absence, the Vice-chairman, may appoint the time and place for the Board to meet. |