CO129-609-3 Future policy- draft Municipal Council Ordinance 1-1-1947 - 31-12-1947 — Page 40

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

What is the course If the officer fails to Comply with the reder.

?

Conter

min

Notice of termination

of and retirement

from appointment held during pleasure.

s.121

the at

(a) refuses or wilfully neglects to make any

PART V

40

payment which he is required by this section

to make; or

(b) after three days' notice in writing, signed by

the clerk of the Council or by three members

thereof, and given or left at his normal or last

known place of residence, refuses or wilfully

neglects to make out or deliver to the Council,

or as they direct, any account or list which he

is required by this section to make out and deliver,

or any voucher or other document or record

relating thereto, or to give satisfaction respecting

it to the Council or as they direct;

a magistrate may, on complaint, by order require him to

make such payment or delivery or to give such satisfaction.

(4) Nothing in this section shall affect any remedy

by action against any such officer or his surety, except

that the officer shall not be both sued by action and

proceeded against sumarily for the same cause.

63.- (1) Notwithstanding any provision in this

Ordinance or any other enactment that a person holding any

office shall hold the office during the pleasure of the

Council, there may be included in the terms on which he

holds the office a provision that the appointment shall not

be terminated by either party without giving to the other

party such reasonable notice as may be agreed, and where

any person is transferred or seconded from the employment

of the Government to the employment of the Council and at

the time of such transfer or secondment holds office upon

terms which purport to include such a provision, that

provision shallɲas from the time of such transfer or second-

ment be deemed to be valid.

(2) A provision in this Ordinance or any other

enactment that a person holding any office shall hold the

(37)

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