A170
Ord. No. 39/85
Resignation of a
member.
Temporary substitution of members.
Non-attendance.
Disqualification of
ex officio
members.
Publication of notice of vacancy.
(Cap. 367.)
(Cap. 136.)
REGIONAL COUNCIL
(3) The declaration shall be made within Hong Kong before a justice of the peace, magistrate, or commissioner for oaths.
16. (1) A member other than an ex officio member may at any time resign his office by giving notice in writing under his hand to the Chairman or Secretary.
(2) A notice of resignation given under subsection (1) shall take effect- (a) upon the date specified in the notice, which date shall not be earlier than the
date of the receipt of the notice by the Chairman or Secretary; or
(b) if no such date is specified in the notice, then upon receipt of the notice by
the Chairman or Secretary.
17. If an appointed member is of the opinion that he will be prevented for more than 3 months, by absence from Hong Kong or any other cause, from acting as an appointed member he may give notice in writing to that effect to the Governor and to the Secretary and the Governor may thereupon appoint some other person to replace such appointed member until he notifies the Governor in writing that he has returned to Hong Kong or is able to act as the case may be.
18. If a member other than an ex officio member fails throughout a period of 3 consecutive months to attend any meeting of the Regional Council he shall, unless the failure was due to some reason approved by the Regional Council, cease to hold office as a member of the Regional Council.
19. An ex officio member who-
(a) is a member of any parliament, assembly or council, whether central or local, of a place outside Hong Kong or a salaried functionary of a government of such place; or
(b) fails throughout a period of 3 consecutive months to attend any meeting of the Regional Council unless such failure was due to some reason approved by the Regional Council,
shall not be entitled to attend, take part in or vote at any meeting of the Regional Council.
20. When a member other than an ex officio member- (a) who is an elected member-
(i) becomes disqualified by reason of section 19 of the Electoral Provi- sions Ordinance;
(ii) ceases to hold office by reason of a determination by the High Court, upon an election petition under the Electoral Provisions Ordinance, that his election is void; or
(iii) ceases to hold office by reason of a declaration under section 57; (b) who is a representative member elected by a District Board, ceases to hold office as a member of that District Board other than by reason of the expiry of the term of such office;
(c) who is an appointed member, becomes disqualified by reason of section 11; (d) ceases to be registered or entitled to be registered as an elector under the
Electoral Provisions Ordinance;
(e) fails to complete and deliver to the Secretary a declaration of acceptance of
office in accordance with section 15;
() resigns in accordance with section 16;
(g) ceases to hold office by reason of section 18;
(h) is the subject of a decision under the Mental Health Ordinance that he is of
unsound mind and incapable of managing himself and his affairs;
(i) dies; or
REGIONAL COUNCIL
Ord. No. 39/85
A171
(j) becomes disqualified or ceases to hold office for any other reason,
his office as such member shall become vacant and the Chairman or, if no Chairman has been elected under section 22, the Secretary shall give notice thereof in the Gazette.
21. (1) If a member has any pecuniary interest, direct or indirect, in any Members interests contract or proposed contract or other matter and is present at a meeting of the in contracts. Regional Council or a committee or sub-committee thereof at which the contract or other matter is the subject of consideration, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part the in the consideration or discussion of, or vote on any question with respect to, contract or other matter.
(2) This section shall not apply to an interest in a contract or other matter which a member may have as a ratepayer or resident of the Regional Council area or to an interest in any matter relating to the terms on which the right to participate in any service is offered to the public.
(3) A member shall not be treated as having a pecuniary interest in any contract or other matter if the interest-
(a) of that member; or
(b) of any company, body or person connected with him as mentioned in
subsection (4),
is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.
(4) For the purposes of this section a member shall be treated as having indirectly a pecuniary interest in a contract or other matter, if—
(a) he, or any nominee of his, is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
(b) he is a partner, or in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration:
Provided that—
(i) this subsection shall not apply to membership of, or employment under, any
public body;
(ii) a member of a company or other body shall not, by reason only of his membership, be treated as being so interested if he has no beneficial interest in any shares or stock of that company or other body.
(5) In the case of married persons the interest of one spouse shall, if known to the other, be deemed for the purposes of this section to be also an interest of that other spouse.
(6) A general notice given in writing to the Secretary by a member to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice.
(7) The Secretary shall record in a book to be kept for the purpose particulars of any disclosure made under subsection (1), and of any notice given under subsection (6), and the book shall be open at all reasonable hours to the inspection of any member of the Regional Council.