【法规名称】
【法规编号】 82263 什么是编号？
【正 文】
CAP 50A PROFESSIONAL ACCOUNTANTS BY-LAWS
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(Cap 50, section 8(4)) [1 January 1973] (L.N. 266 of 1972) Cap 50A bylaw 1 Citation These by-laws may be cited as the Professional Accountants By-laws. Cap 50A bylaw 2 Nominations of members of Council PART I THE COUNCIL (1A) Only a certified public accountant, who shall on the day of the annual general meeting of the Institute be ordinarily resident in Hong Kong, shall become a candidate for election as an elected member of the Council. (L.N. 359 of 1996; 23 of 2004 s. 55) (1) A certified public accountant who is a candidate for election as an elected member of the Council shall be nominated by 2 certified public accountants. (23 of 2004 s. 55) (2) The nomination referred to in paragraph (1) shall be- (a) in writing; (b) proposed by one certified public accountant and seconded by another certified public accountant; and (L.N. 137 of 1977; 23 of 2004 s. 55) (c) accompanied by a notice in writing signed by the candidate that he is willing to offer himself for election to the Council.(3) The nomination paper and notice referred to in paragraph (2) shall be lodged with the Registrar not less than 24 days prior to the annual general meeting. (L.N. 137 of 1977; 23 of 2004 s. 55) (4) A candidate may withdraw at any time before the election is held. (5) The Registrar shall, not less than 17 days prior to the annual general meeting, send to each certified public accountant, a notice containing the names of the candidates who have been nominated for election. (L.N. 137 of 1977; 23 of 2004 s. 55) (6) In addition to applying for the purposes of sections 10 and 29A of the Ordinance, subsection (5)(b) of section 29A of the Ordinance shall apply for the purpose of this by-law. (L.N. 359 of 1996) [cf. S. Rhodesia by-law 4] Cap 50A bylaw 3 Ballot for elected members of Council (1) If a ballot is to be held under section 13(1)(b) of the Ordinance, the Registrar shall, not less than 17 days prior to the annual general meeting, send a ballot paper to each certified public accountant. (L.N. 137 of 1977; 23 of 2004 s. 55) (2) The ballot paper shall contain- (a) the names of the candidates, in alphabetical order of surnames, for election as members of the Council; and (b) a statement of the number of vacancies in respect of elected members of the Council.(3) A certified public accountant shall be entitled to cast one vote in respect of each vacancy. (23 of 2004 s. 55) (4) Completed ballot papers shall be returned to the Registrar not less than 48 hours before the annual general meeting at which the election is to be held. (4A) The auditor of the Institute shall count the number of votes cast for each candidate and shall furnish to the Council a confidential report in writing on the number of votes so cast. (L.N. 137 of 1977; 23 of 2004 s. 55) (5) The Council shall meet before the annual general meeting to receive from the auditor of the Institute the confidential report referred to in paragraph (4A) and to eliminate the candidates receiving the lowest number of votes until the number of candidates left equals the number of vacancies, and those candidates shall be deemed to have been elected. (L.N. 137 of 1977; 23 of 2004 s. 55) (6) If an equality of votes is found to exist between any candidates, and the addition of one vote would entitle any candidate to be declared elected, the President shall have a casting vote to determine which of such candidates shall be deemed to have been elected. (7) The Council may permit ballot papers to be sent and votes to be cast by electronic communication subject to such terms and conditions as the Council may determine. (23 of 2004 s. 55) (8) For the purpose of this by-law- (a) "ballot paper" (选票) shall be deemed to include any electronic form of the same; (b) "electronic address" (电子地址) means any number or address used for the purposes of electronic communication; (c) "electronic communication" (电子通讯) means a communication sent by electronic transmission in any form through any medium; and (d) a ballot paper shall be deemed to have been sent or delivered on the day on which it is transmitted from the server or other device used by the Registrar or his agent; in proving such service or delivery by the Registrar it shall be conclusive to prove that the electronic address used for the electronic communication was the last known electronic address supplied by the certified public accountant for such purpose unless the Registrar or his agent is aware that there has been a failure of delivery to such address, in which case the ballot paper shall be sent to the certified public accountant by post or such other means at the absolute discretion of the Registrar; completed ballot papers shall be considered to be returned to the Registrar upon actual receipt by the Registrar at the electronic address designated by him for such purpose. (23 of 2004 s. 55) [cf. S. Rhodesia by-law 6] Cap 50A bylaw 4 Meetings of Council (1) Subject to paragraph (2), the Council shall meet at such times and places as it may determine. |
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