1973-HKRS28-16-21_Part02 — Page 23

(CAP. 1)

Eligibility for re-election or reappointment

Saving.

Acceptance of office.

Seapond Sahredie

Resignation

of a member.

6

(b) able, to the satisfaction of such authority or person as the Governor may appoint in that behalf, to speak and, unless incapacitated by blindness or other physical cause, to read and write the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Council.

(2) Notwithstanding anything in subsection (1), any person possessed of the knowledge of the English language as required by section 4 of the Jury Ordinance shall be deemed without further inquiry to satisfy the requirements of subsection (1)(5).

12. A person ceasing to be a member shall, unless he is not qualified or is disqualified, be eligible to be again elected. nominated for election or appointed as a member.

13. The acts and proceedings of any person elected or appointed as a member under the provisions of this Ordinance and acting as such shall, notwithstanding his want of qualification or disqualification, be as valid and effectual as if he had been qualified.

14. (1) A person elected or appointed to be a member shall not, unless he has made a declaration of acceptance of office in the form prescribed in the Second Schedule and the declaration has been delivered to the Chairman within thirty days after the publication in the Gazette of the notification of his election or appointment, act as a member.

(2) If such declaration is not made and delivered to the Chairman within thirty days after the publication in the Gazette of the notification of such election or appointment the election or appointment of the said person shall thereupon be null and void.

(3) The declaration shall be made within Hong Kong before a justice of the peace, magistrate, or commissioner for oaths.

15. (1) A member may at any time resign his office by giving notice in writing under his hand to the Chairman.

(2) A notice of resignation given under subsection (1) shall lake 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

(b) if no such date is specified in the notice, then upon

receipt of the notice by the Chairman.

T

16. If an appointed member is of the opinion that he will be prevented for more than three months. by absence from the Colony or any other cause, from acting he may give notice in writing to this effect to the Governor and to the Chairman and the Governor may thereupon appoint some other person to replace such appointed member until he returns to the Colony or is able to cesume bis functions and has notified the Governor in writing accordingly.

17. (1) If the Chairman or a member fails throughout a period of three consecutive months to attend any meeting of the Council he shall, unless the failure was due to some reason. approved by the Council, cease to hold office as Chairman or, as the case may be, as a member of the Council.

(2) A member of an auxiliary force employed as such during war or emergency on any service therewith shall not cease to hold office under subsection (1) by reason only of failure to attend meetings of the Council if the failure was due to such employment.

18. When a member-

(a) becomes disqualified by reason of any of the provisions

of section 10; or

(b) ceases to be registered or entitled to be registered as an

elector; or

(c) ceases to be a member by reason of the provisions of

section 17; or

(d) dies; or

(e)

(f)

resigns in accordance with the provisions of section 15; or fails to complete and deliver to the Chairman within the appointed time a declaration of acceptance of office in accordance with the provisions of section 14; or

(g) in the case of an elected member, is declared by the Supreme Court on an election petition not to have been validly elected.

the Chairman shall forthwith declare his office to be vacant by a notification published in the Gazette.

19. (I) If a member has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter and is present at a meeting of the Council or a committee thereof at which the contract or other matter is the subject of considera- tion, he shall at the meeting, as soon as practicable after the commencement thereof, disclose the fact, and shall not take part

Substitution

of members.

Non- altendance.

Publication of notice of vacancy.

Members interests in contracts.