A408
Membership of Council.
Committees of Council.
Ord. No. 56/87 HONG KONG COUNCIL ON SMOKING AND HEALTH
(c) produce or distribute, by way of sale or otherwise, any publication
which it considers may be of interest to the public or may assist the furtherance of its purposes;
(d) charge for the use of any facility or service provided by the
Council;
(e) do any thing which it may do under this Ordinance in association or co-operation with any other person or sponsor any other person to do that thing; and
(f) become a member of or affiliate to any international body
concerned with any matter relating to its purposes.
5. (1) The Council shall consist of the following members—
(a) a Chairman who shall be appointed by the Governor for a term
not exceeding 3 years;
(b) a Vice-Chairman who shall be appointed by the Governor for a
term not exceeding 3 years; and
(c) not less than 13 nor more than 15 other persons each of whom shall be appointed by the Governor for a term not exceeding 3 years.
(2) Any member appointed under this section may be appointed again on the expiry of his term of office.
(3) Any member appointed under this section may at any time—-
(a) resign his office by notice to the Governor; or
(b) be removed from office by the Governor for permanent incapacity
or other sufficient cause,
and upon such resignation or removal the term for which he was appointed shall be deemed to have expired.
(4) Where any member appointed under subsection (1)(a) or (b) is precluded by temporary incapacity or other cause from exercising his functions as a member for any period, the Governor may appoint another person to act in place of that member during that period with all such rights, powers, duties or liabilities as if that person had been appointed under subsection (1)(a) or (b), as the case may be.
(5) Where any question arises under subsection (3) or (4) as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Governor shall be final.
6. (1) The Council may appoint committees and may delegate to them the exercise and performance of any of its powers and functions except this power of delegation.
(2) Persons who are not members of the Council are eligible for appointment to committees.
(3) Subject to the terms of any delegation by the Council every
committee-
(a) may exercise and perform the delegated powers and functions with
the same effect as if it were the Council itself;
HONG KONG COUNCIL ON SMOKING AND HEALTH
Ord. No. 56/87
A409
(b) shall be presumed to be acting in accordance with the terms of the
delegation in the absence of proof to the contrary;
(c) may regulate its own procedure.
7.
Council.
(1) At a meeting of the Council 8 members shall form a quorum. Proceedings of (2) At a meeting of the Council the Chairman shall preside or if he is absent the Vice-Chairman; if both the Chairman and the Vice-Chairman are absent the members present shall appoint one of their number to preside.
(3) All questions for determination at a meeting of the Council shall be decided by a majority of votes of the members present and voting thereon and where there is an equality of votes the member presiding shall have a casting vote in addition to his original vote.
(4) If a member of the Council, or of any committee of the Council, has a direct or indirect commercial interest in any matter under discussion at a meeting of the Council or of the committee, being an interest greater than that which he has as a member of the general public, the following provisions shall apply-
(a) he shall disclose the nature of his interest at the meeting;
(b) the disclosure shall be recorded in the minutes;
(c) where the disclosure is made by the member presiding, he shall vacate the chair during the discussion and the members present shall appoint one of their number to preside;
(d) the member, including one who has vacated the chair under paragraph (c), shall, if so required by the member presiding, withdraw from the meeting during the discussion and shall not in any case, except as otherwise determined by the member presiding, vote on any resolution concerning the matter or be counted for the purpose of establishing the existence of a quorum.
(5) Subject to this Ordinance, arrangements relating to meetings of the Council, and the procedure at and the conduct of its meetings, shall be such as the Council may determine.
by-
8. The validity of any proceedings of the Council shall not be affected Validity of
(a) any defect in the appointment of any member;
(b) the absence of any member from the meeting at which any such
proceeding occurred; or
(c) any vacancy among members.
proceedings.
9. The Council may transact any of its business by circulation of Transaction of papers amongst members whether any such member is in or outside Hong business by Kong, and a resolution in writing which is approved in writing by a majority circulation of of the members shall be as valid and effectual as if it had been passed at a meeting of the Council.
papers.
10. The Council-
Staff of
Council.
(a) shall appoint a person to hold the office of Executive Director; (b) may appoint such other employees as it thinks fit; and
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