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[接上页] (2) A certified public accountant appointed under subsection (1) to fill- (Amended 23 of 2004 s. 54) (a) a casual vacancy under section 4(3) or (4) shall hold office for so long as the member in whose place he is appointed would have held office or until the member resumes his office on the Council, whichever is the earlier; or (b) a vacancy under section 15(1) shall hold office for so long as the member in whose place he is appointed would have held office. (Amended 23 of 2004 s. 11) Cap 50 s 12 Compulsory retirement of elected members (1) Subject to subsection (1A) and section 13(2), immediately before the conclusion of each annual general meeting of the Institute, the 7 elected members who have been longest in office since their last election shall retire from office. (Amended 96 of 1994 s. 6; 23 of 2004 ss. 12 & 54) (1A) Subject to section 13(2), immediately before the conclusion of the first 2 annual general meetings of the Institute after the appointed day- (a) in the case of the first such annual general meeting, 6 elected members who have been longest in office since their last election shall retire from office; and (b) in the case of the second such annual general meeting, 6 elected members who have been longest in office since their last election, and one elected member from among the remaining 8 elected members who shall be selected by lot, shall retire from office. (Added 23 of 2004 s. 12)(2) (Repealed 96 of 1994 s. 6) (3) Every elected member who retires from office in accordance with this section shall be eligible for re-election. (4) A co-opted member shall hold office until immediately before the conclusion of the next annual general meeting and he shall be eligible to be co-opted again or (except in the case of a person entitled to be registered as a professional accountant by virtue of the repealed section 24(2) immediately before the relevant day) elected as a member of the Council. (Added 96 of 1994 s. 6. Amended 23 of 2004 s. 12) (Replaced 14 of 1985 s. 4) Cap 50 s 13 Procedure for election of certified public accountants as elected members Procedure for election of certified public accountants as elected members (Amended 23 of 2004 s. 54) (1) If the number of certified public accountants nominated as candidates for election to the Council t an annual general meeting of the Institute- (Amended 23 of 2004 s. 54) (a) does not exceed the number of vacancies for elected members, the candidates shall be deemed to have been elected to the Council with effect from immediately before the conclusion of the annual general meeting at which the vacancies are to be filled; (b) exceeds the number of vacancies for elected members, the election shall be determined by ballot, and the candidates so elected shall hold office as elected members with effect from immediately before the conclusion of the annual general meeting; or (c) is less than the number of vacancies in respect of elected members, the Chief Executive may appoint a certified public accountant to fill any vacancy among the elected members of the Council remaining unfilled at the conclusion of the annual general meeting, (Amended 23 of 2004 s. 54)(2) A certified public accountant appointed by the Chief Executive under subsection (1)(c) shall hold office until the next annual general meeting. (Amended 23 of 2004 s. 54) (Amended 31 of 1999 s. 3) Cap 50 s 14 Chief Executive may appoint a certified public accountant to Council if Council fails to fill a vacancy Chief Executive may appoint a certified public accountant to Council if Council fails to fill a vacancy (Amended 23 of 2004 s. 54) If a vacancy is not filled by the Council within 30 days by appointment under section 11(1), the Chief Executive may appoint a certified public accountant of the class referred to in sub-paragraph (i) or (ii) of section 10(2)(c) to fill the vacancy, as the vacancy may require. (Amended 31 of 1999 s. 3; 23 of 2004 s. 54) Cap 50 s 15 Vacation of office by Council members (1) An elected or co-opted member shall be deemed to have vacated his office as a member of the Council if- (Amended 96 of 1994 s. 7; 23 of 2004 s. 13) (a) he resigns his office, by notice in writing delivered to the Registrar; (b) he is absent without permission of the President from 3 consecutive meetings of the Council of which he has had notice to attend, and the Council resolves that his office shall be vacant; (c) he becomes bankrupt or makes an arrangement or composition with his creditors; (d) he ceases to be ordinarily resident in Hong Kong; (e) his name is removed from the register under section 27(1)(a) or section 35(1)(a); or (Amended 80 of 1997 s. 102; 23 of 2004 s. 13) (f) in the case of an elected member he ceases to belong to the class of which he was a member under sub-paragraph (i) or (ii) of section 10(2)(c) and in the case of a co-opted member he ceases to be a certified public accountant: (Amended 96 of 1994 s. 7; 23 of 2004 s. 54) Provided that this paragraph shall not apply if the remaining number of elected members of that class is not less than 6. (Amended 14 of 1985 s. 5; 23 of 2004 s. 13)(2) Subsection (1)(a), (b), (c), (d) and (e) shall apply to the immediate past President of the Institute who becomes a member of the Council pursuant to section 10(2)(d) except that no vacancy is to arise upon his vacation of office in such circumstances. (Added 23 of 2004 s. 13) |