A92
Ord. No. 11/86
Chief Executive.
Term of office, resignation of members, etc.
(Cap. 1.)
Disqualification
from being a member of the Board.
(Cap. 136.)
HONG KONG ARTS CENTRE
(3) The Deputy Chairman shall act as Chairman if the Chairman is absent from Hong Kong or is, for any other reason, unable to act as Chairman.
(4) If for any period both the Chairman and the Deputy Chairman are absent from Hong Kong or are, for any other reason, unable to perform the functions of their respective offices the members of the Board may appoint 2 of their number to act as Chairman and Deputy Chairman respectively during that period.
(5) The Board shall as soon as possible appoint a Secretary of the Board who may be a member of the Board.
(6) The Chief Executive, or the Secretary (if he is a member of the Board), shall not be appointed to be the Chairman or Deputy Chairman of the Board.
11. (1) The Board shall by resolution appoint the Chief Executive, on such terms as may be agreed, who shall be responsible to the Board and in whom shall be vested the management, conduct and administration of the Centre.
(2) If for any period the Chief Executive is absent from Hong Kong or is, for any other reason, unable to perform the functions of his office, the Board may by resolution appoint a person to act as Chief Executive during that period.
(3) With effect from the commencement of this Ordinance and until the Chief Executive is appointed under subsection (1), the General Manager, Hong Kong Arts Centre, immediately prior to the commencement of this Ordinance shall be the Chief Executive.
12. (1) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance, a member of the Board appointed under section 9(2)(b), (c) or (d) shall hold office for a specified period not exceeding 3 years.
(2) A member of the Board by virtue of section 9(2)(e) or (ƒ) shall hold office for such period not exceeding 3 years as the Board may determine.
(3) A member of the Board co-opted under section 9(2)(g) shall hold office for a period of 2 years after the commencement of this Ordinance and thereafter he shall hold office for a specified period not exceeding 3 years.
(4) A member of the Board, other than the Chief Executive-
(a) shall not hold office for more than 2 consecutive terms;
(b) subject to paragraph (a), may be reappointed, re-elected or re-co-opted as a
member of the Board after he ceases to be such a member;
(c) may at any time by notice in writing to the Chairman resign from the Board.
(5) When a member of the Board, other than the Chief Executive, ceases to hold office, whether by effluxion of time or as a result of resignation or otherwise, the procedure for a new appointment or reappointment, election or re-election, co- option or re-co-option, as the case may be, shall be as if the office were being filled for the first time.
(6) In this section "specified period" means the period specified when the member of the Board was appointed or co-opted under section 9.
13. (1) A person shall not be qualified to be a member of the Board if he— (a) is an undischarged bankrupt or, within the previous 5 years, has without paying his creditors in full either obtained his discharge in bankruptcy or entered into a composition with them;
(b) 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;
(c) is otherwise, in the opinion of the Board, unable or unfit to discharge the
duties or perform the functions of a member of the Board.
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HONG KONG ARTS CENTRE
Ord. No. 11/86
A93
(2) A person disqualified under subsection (1)(b) shall be eligible to be a member of the Board if under the Mental Health Ordinance it is subsequently found that his unsoundness of mind has ceased.
14. If a member of the Board, other than the Chief Executive, fails to attend any Non-attendance. 3 consecutive meetings of the Board he shall, unless the failure is due to some reason approved by the Board, cease to hold office as a member of the Board.
15. (1) Meetings of the Board shall, subject to subsection (2), be held at such Meetings and times and places as the Chairman may appoint.
(2) The Board shall meet not less than 4 times in each year.
(3) Notice of meeting shall be given by the Secretary of the Board to each member of the Board at least 7 clear days before the day of each meeting, except in case of emergency (in the opinion of the Chairman or Deputy Chairman of the Board) when as long a period of notice as possible shall be given.
(4) Accidental omission to give notice under subsection (3) to any member of the Board shall not affect the validity of a meeting.
(5) At any meeting of the Board 6 members of the Board or not less than half the number of the members of the Board, whichever is the greater, shall be a quorum: Provided that in the case of the first 2 meetings of the Board after the commencement of this Ordinance, the Governor shall determine the quorum for such meetings.
(6) The Chairman shall preside at the meetings of the Board.
(7) Any question before the Board at any meeting shall be decided by a majority of votes of the members of the Board present and voting thereon and in the event of an equality of votes the Chairman shall have a casting vote in addition to his original
vote.
(8) If a member of the Board has an interest (whether a pecuniary interest or otherwise) in any matter to be considered at a meeting of the Board at which he is present, he shall before the matter is considered state the fact and nature of the interest and shall, if required by the Board, withdraw while the matter is considered and in any case shall not vote thereon.
(9) Subject to this Ordinance, the Board may determine its own procedure.
16. The Board may transact any of its business by circulation of papers, and a resolution in writing which is approved in writing by a majority of the members of the Board shall be as valid and effectual as if it had been passed at a meeting of the Board.
procedure of the Board.
Transaction of business by
circulation of
papers.
17. The proceedings of the Board shall not be invalidated by any vacancy in its Validity of acts of membership, or by any defect in the appointment or reappointment, election or the Board. re-election, co-option or re-co-option, or qualification of any member thereof.
18. (1) Subject to subsection (2), the Board may by resolution, with or without Power of Board to restrictions or conditions as it thinks fit, delegate in writing any of its powers and delegate. duties to-
(a) the Chief Executive;
(b) any committee created under section 22(1).
(2) Save as otherwise provided in this Ordinance the Board shall not delegate the power-
(a) to appoint the Chief Executive;
(b) to create any committee under section 22(1);
(c) to approve the programme and estimates referred to in section 23(1);
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