TNAG-1355-FCO40-1796-Constitutional-development-in-Hong-Kong-1985 — Page 177

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

A172

Ord. No. 39/85

REGIONAL COUNCIL

(8) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable to a fine of $10,000 for each offence, unless he proves that he did not know that a contract, proposed contract, or other matter in which he had a pecuniary interest was the subject of consideration at the meeting.

(9) No prosecution of an offence under this section shall be instituted without the consent of the Attorney General.

(10) The Regional Council may by standing orders provide for the exclusion of a member from a meeting of the Regional Council or any committee or sub-committee whilst any contract, proposed contract or other matter in which he has an interest to which this section applies is under consideration.

PART IV

REGIONAL COUNCIL

PART V

FUNCTIONS OF THE REGIONAL COUNCIL

25. The Regional Council shall—

Ord. No. 39/85

A173

(a) exercise such powers and perform such duties as are conferred or imposed

on it by this Ordinance;

Functions of the Regional Council.

(b) exercise such powers and perform such duties as may, from time to time, be

conferred or imposed on the Authority by the Public Health and Urban (Cap. 132.) Services Ordinance;

(c) be the Board for the Regional Council area for the purposes of the Dutiable (Cap. 109,

Commodities (Liquor) Regulations;

sub, leg.)

Regional Council

to elect Chairman

and Vice- Chairman.

First Schedule.

Third Schedule.

Duties of Chairman and Vice-Chairman.

Resignation etc. of Chairman.

CHAIRMAN

22. (1) A Chairman and a Vice-Chairman shall be elected from amongst the members in accordance with the voting procedure specified in the First Schedule at the first meeting of the Regional Council held following 31 March in any year in which elected members are elected by ordinary election.

(2) The election of a member as Chairman or as Vice-Chairman shall not create a vacancy on the Regional Council and such member shall hold office as Chairman or Vice-Chairman, as the case may be, only as long as he is a member of the Regional Council.

(3) No person shall assume office as Chairman or Vice-Chairman until he has completed a declaration of acceptance of such office in the form prescribed in the Third Schedule and delivered the same to the Secretary.

(4) The Chairman and the Vice-Chairman shall hold office until 31 March of the year in which an ordinary election of elected members is next held and shall be eligible for re-election for a second or subsequent term of office.

(5) At the meeting referred to in subsection (1) the Secretary shall preside and shall continue to preside until the Chairman assumes office but shall have neither a casting nor a deliberative vote.

23. (1) Except as provided in section 22(5) the Chairman shall preside at meetings of the Regional Council and shall perform such other duties as are prescribed in this Ordinance.

(2) In the absence of the Chairman, or if at any time the office of Chairman is vacant, the Vice-Chairman shall preside and shall perform such other duties of the Chairman as are prescribed in this Ordinance.

(3) If both the Chairman and the Vice-Chairman are absent from a meeting of the Regional Council the members present shall appoint from among themselves a temporary Chairman to preside at that meeting.

24. (1) The Chairman or the Vice-Chairman may resign his office by giving notice in writing under his hand to the Secretary and section 16(2) shall thereupon apply.

(2) Where the Chairman or the Vice-Chairman resigns, dies or the office of Chairman or Vice-Chairman is otherwise vacated, a new Chairman or Vice- Chairman, as the case may be, shall be elected at the first meeting of the Regional Council thereafter and he shall hold office until 31 March in the year in which an ordinary election of elected members is next held:

Provided that no election for a new Chairman or Vice-Chairman, as the case may be, shall be held in the month of April next following ordinary elections held for District Boards.

(d) be the licensing authority for the purposes of licensing places of enter-

tainment within the Regional Council area under the Places of Public (Cap. 172, Entertainment Regulations;

sub. leg.)

(e) undertake such other functions within the Regional Council area as the

Governor may from time to time direct.

26. (1) The Regional Council may-

(a) establish and maintain places and facilities for recreation, relaxation, the performance of sport of any kind and the conduct of literary, artistic, musical or other cultural activities of any kind;

(b) provide, promote, sponsor, assist or collaborate with any person or group of persons whether incorporated or not in the organizing or presenting of-

(i) dancing, musical, dramatic or theatrical performances of any kind; (ii) cinematograph displays;

(iii) literary, historical, artistic, scientific or other cultural exhibitions or competitions;

(iv) demonstrations, displays or competitions of, and training for, sports;

(c) acquire and hold property of any description if in the opinion of the Regional Council such property is necessary for the accommodation of the Regional Council or the Regional Services Department or for the perfor- mance of any purpose which the Regional Council is required or is permitted by this or any other Ordinance to perform and subject to the terms and conditions upon which such property is held to dispose of the

same;

(d) undertake and execute any lawful trust which has as its object the further- ance of any purpose which the Regional Council is required or is permitted by this or any other Ordinance to perform or any other object similar or incidental to any such purpose;

(e) notwithstanding section 28—

(i) enter into contracts; or

(ii) engage staff whether in a full or part time capacity; or

(f) do all such other acts as are reasonably necessary for the exercise or performance of all or any of the powers or duties of the Regional Council under this or any other Ordinance and to perform any other function which is incidental or conducive to the attainment or furtherance of the purposes of the Regional Council in accordance with the provisions of this or any

other Ordinance.

(2) Subject to subsection (3) the powers referred to in subsection (1) may be exercised in relation to the Regional Council area or elsewhere.

(3) The powers referred to in subsection (1)(a) shall be exercised only in relation to the Regional Council area.

Powers of the Regional Council.

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