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[接上页] (5C) Of the first 7 members elected to hold office under subsection (2)(i)- (a) 3 shall hold office for 3 years; (b) 2 shall hold office for 2 years; and (c) 2 shall hold office for 1 year, all from the date of notification in the Gazette of their having been elected and the Council of the Hong Kong Medical Association shall, in its absolute discretion, determine the respective term of office of each such elected member in accordance with this subsection. (Added 7 of 1996 s. 3) (5D) Of the first 7 members elected to hold office under subsection (2)(j)- (a) 3 shall hold office for 3 years; (b) 2 shall hold office for 2 years; and (c) 2 shall hold office for 1 year, all from the date of notification in the Gazette of their having been elected, and the respective term of office of each such member shall be determined in accordance with the Election Regulation. (Added 7 of 1996 s. 3) (6) If any member appointed by the Chief Executive- (a) is sentenced to a term of imprisonment for any offence; (b) is the subject of an order made under section 21 or 21A; (c) becomes bankrupt or makes an arrangement with his creditors; (d) is found by the Health Committee after due hearing to be incapacitated from carrying out the duties of his office by reason of physical or mental illness; (e) is no longer ordinarily resident in Hong Kong; or (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 declare the member's office of membership of the Council to be vacant. (Amended 37 of 2000 s. 3) (6A) If an elected member or any member appointed by the Council- (a) is sentenced to a term of imprisonment for any offence; (b) is the subject of an order made under section 21 or 21A; (c) becomes bankrupt or makes an arrangement with his creditors; (d) is found by the Health Committee after due hearing to be incapacitated from carrying out the duties of his office by reason of physical or mental illness; (e) is no longer ordinarily resident in Hong Kong; or (f) is, in the opinion of the Council, unable or unfit to perform his duties and exercise his powers as a member of the Council, the Council may declare the member's office of membership of the Council to be vacant. (Added 7 of 1996 s. 3) (7) Notwithstanding anything in this section, a person- (a) against whom an order under section 21 has at any time been made; or (b) who is- (i) undergoing a sentence of imprisonment; (ii) detained in a mental hospital; or (iii) an undischarged bankrupt, shall not be eligible for appointment, reappointment, election or re-election, as the case may be, as a member of the Council. (8) In this section, "Election Regulation" (选举规例) means the regulation made under section 33(4)(b). (Added 7 of 1996 s. 3) (Amended 70 of 1975 s. 3; 7 of 1996 s. 3) Cap 161 s 3A Chairman of the Council (1) The Chairman of the Council shall- (a) be elected by the members from amongst themselves; (b) subject to subsection (5), 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. (2) 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. (3) The Secretary shall preside at a meeting held under subsection (2) until the Chairman is elected and assumes office, but he shall not have an original or a casting vote. (4) 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. (5) The Chairman may at any time resign his office by giving notice in writing to the Secretary. (Replaced 3 of 1988 s. 4) Cap 161 s 3B Secretary of, and legal adviser to the Council Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 The Council shall have a secretary, one or more deputy secretaries and a Legal Adviser who shall be appointed by the Chief Executive. (Added 70 of 1975 s. 4. Amended 7 of 1996 s. 4; 37 of 2000 s. 3) Cap 161 s 3C Temporary members Remarks: Adaptation amendments retroactively made - see 37 of 2000 s. 3 (1) If any member of the Council appointed by the Chief Executive is, because of illness, absence from Hong Kong or any other reason, unable to perform his duties and exercise his powers as a member of the Council for any period, the Chief Executive may appoint another person who is suitably qualified for appointment under section 3(2) (not being one who is disqualified from holding office under section 3 or who has been removed from office under that section) to be a temporary member of the Council in the place of the member during that period. (Amended 7 of 1996 s. 5; 37 of 2000 s. 3) |