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[接上页] (f) is, in the opinion of the Chief Executive, unable or unfit to perform his duties and exercise his powers as a member of the Council,the Chief Executive may revoke the member's appointment to the Council. (Added 82 of 1997 s. 4. Amended 37 of 2000 s. 3) (5) The chairman of the Council shall- (a) be elected by the members from amongst themselves; (b) subject to subsection (5D), hold office for 3 years or until he ceases to hold office as a member, whichever is the earlier; and (c) be eligible for re-election. (Replaced 5 of 1988 s. 3)(5A) If the office of chairman becomes vacant due to effluxion of time, or as a result of resignation or otherwise, the secretary shall convene a meeting of the Council within 3 months of the occurrence of such vacancy for the purpose of electing a chairman. (Added 5 of 1988 s. 3) (5B) The secretary shall preside at a meeting held under subsection (5A) until the chairman is elected and assumes office, but he shall not have an original or a casting vote. (Added 5 of 1988 s. 3) (5C) If the chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or any other reason, the members of the Council shall at a meeting of the Council elect one of themselves to act in his place for the duration of that period and notwithstanding any provision in this Ordinance, the secretary may, where necessary, convene a meeting for the purpose of such election. (Added 5 of 1988 s. 3) (5D) The chairman may at any time resign his office by giving notice in writing to the secretary. (Added 5 of 1988 s. 3) (6) There shall be a secretary to the Council and the following advisers to the Council- (a) a legal adviser; and (b) (Repealed 82 of 1997 s. 4) (c) (Repealed 5 of 1988 s. 3)who shall be appointed by the Chief Executive. (Replaced 28 of 1974 s. 3. Amended 37 of 2000 s. 3) (Amended 82 of 1997 s. 21)_______________________________________________________________________________ Note: Please see the provisions relating to transitional arrangements and transitional powers of the Council in sections 22 and 23 of 82 of 1997. Cap 164 s 3A Questioning of election by election petition The result of an election of members to the Council under section 3(2)(ca) may only be questioned by an election petition heard and determined by the Council. (Added 9 of 2002 s. 4) Cap 164 s 4 Meetings of the Council (1) The Council shall meet at such times and in such places- (a) as the chairman may from time to time direct; or (b) as may be requested in writing addressed to the chairman by not less than 7 members. (Amended 9 of 2002 s. 4)(2) At any meeting of the Council 7 members shall be a quorum. (Amended 9 of 2002 s. 4) (3) The validity of any proceedings of the Council shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto. (4) All questions for determination at any meeting of the Council shall be decided by a majority vote of the members present at such meeting and voting on the question. (Amended 9 of 2002 s. 4) (4A) Nothing in subsection (4) shall be construed to prevent any question for determination by the Council being so decided by a majority opinion of the members on circulation to the members of papers relating to the question. (Added 9 of 2002 s. 4) (5) The chairman at any meeting of the Council shall have an original vote and also, if upon any question the votes are equally divided, a casting vote except in the case of an inquiry held under section 17 in which case he shall have only an original vote. (6) The Council may make standing orders for regulating procedure at, or in connection with, its meetings. (Amended 82 of 1997 s. 21) Cap 164 s 4AA Transaction of business by circulation of papers (1) The Council may transact its business by circulation of a paper to all members without a meeting. (2) Subject to subsection (4), a written resolution that is approved by a majority of the members is as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving. (3) A member may, by giving a notice in writing to the Chairman within such period as may be specified in the paper being circulated, request the Chairman to refer any item of business in the paper to the next meeting of the Council for determination. (4) Any approval under subsection (2) in respect of an item of business specified in the notice is void. (Added 9 of 2002 s. 4) Cap 164 s 5 Register of nurses PART III REGISTRATION OF NURSES (1) The Council shall cause a register to be kept which shall contain such particulars as may from time to time be prescribed. (Amended 82 of 1997 s. 21) (2) The register shall be divided into such number of parts as may be prescribed. (3) Where a person satisfies the conditions of admission to more than one part of the register, his name may be included in each such part. (4) A certificate purporting to be under the seal of the Council and signed by the chairman or secretary of the Council stating that a person is or was at any date or is not or was not at any date duly registered shall be evidence in all courts of law of the fact stated in such certificate until the contrary is proved. (Amended 82 of 1997 s. 21) |