A514
Ord. No. 71/87
LAND DEVELOPMENT CORPORATION
interest at a meeting of the Corporation; and the disclosure shall be recorded in the minutes of the meeting of the Corporation, and the member shall not without the permission of the Chairman take any part in any deliberation of the Corporation with respect to that contract and shall not in any event vote on any question concerning it.
(2) For the purposes of sub-paragraph (1), a general notice given at a meeting of the Corporation by a member thereof to the effect that he is a member of a specified company or firm and is to be regarded as interested in any contract which may, after the date of the notice, be made with the company or firm shall be regarded as a sufficient disclosure of his interest in relation to any contract so made or proposed to be so made.
(3) A member of the Corporation need not attend in person at a meeting of the Corporation in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is brought up and read at the meeting.
7.
(1) The Corporation-
(a) shall pay to the members thereof such salaries or fees, and such allowances,
as the Financial Secretary may determine; and
(b) as regards any member in whose case the Financial Secretary may so determine, shall pay such pension, allowance or gratuity to or in respect of him or make such payments towards the provision of such a pension, allowance or gratuity as may be so determined,
and, if a person ceases to be a member of the Corporation and it appears to the Financial Secretary that there are special circumstances which make it right that that person should receive compensation the Financial Secretary may require the Corpora- tion to pay to that person a sum of such amount as the Financial Secretary may determine.
(2) The provisions of this paragraph shall apply in the case of the Chairman and the Chief Executive only to such extent as the Financial Secretary may determine.
8. If the Governor is satisfied that a member of the Corporation appointed under section 3(2)(c)-—----
(a) has been absent from meetings of the Corporation for a period longer than
3 consecutive months without the permission of the Corporation; or
(b) has become bankrupt or made an arrangement with his creditors; or
(c) is incapacitated by physical or mental illness; or
(d) is otherwise unable or unfit to discharge the functions of a member,
the Governor may declare his office as a member of the Corporation to be vacant, and shall notify the fact in such manner as the Governor thinks fit; and upon such declaration the office shall become vacant.
9. The quorum of the Corporation shall be 6 and, while a member is disqualified from taking part in a decision or deliberation of the Corporation in respect of a matter, he shall be disregarded for the purpose of constituting a quorum of the Corporation for deciding, or deliberating on, that matter.
10. Subject to the foregoing provisions of this Schedule, the Corporation shall have power to regulate its own procedure including the manner in which decisions of the Corporation may be made by a quorum of its members otherwise than at a meeting of the Corporation.
11. The Corporation may transact any of its business by circulation of papers amongst members whether any such member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Corporation.
LAND DEVELOPMENT CORPORATION
Ord. No. 71/87
A515
12. (1) The Corporation may create, and appoint the members of, such committees for the better carrying out of the purposes and powers of the Corporation as it thinks fit.
(2) Persons who are not members of the Corporation are eligible for appoint. ment to committees.
(3) The chairman of a committee created under sub-paragraph (1) shall be appointed by the Corporation and the number of members of a committee shall be determined by the Corporation.
(4) Subject to the terms of any delegation by the Corporation or to any directions of the Corporation, a committee
(a) may exercise and perform the delegated powers and functions with the same
effect as if it were the Corporation itself;
(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.
(5) The proceedings of any committee created under sub-paragraph (1) shall not be invalidated by any defect in the appointment of any member thereof, the absence of any such member from the meeting at which any such proceeding occurred or any vacancy among such members.
13. (1) Subject to sub-paragraph (2), the Corporation may, with or without restrictions or conditions as it thinks fit, delegate in writing any of its powers to any committee created under paragraph 12(1).
(2) The Corporation shall not delegate the power--
(a) to create any committee;
(b) to appoint the Chief Executive;
(c) to determine matters relating to the remuneration and terms and conditions of appointment or employment of the Chief Executive or, of the staff of the Corporation;
(d) to establish, manage and control, or enter into an arrangement for the establishment, management and control of any fund or scheme for the purpose of providing for the pensions, gratuities, benefits and payments to the staff of the Corporation;
(e) to furnish after the expiry of the financial year, a report on the affairs of the Corporation for that year, a copy of its accounts therefor and the auditor's report on the accounts;
(f) to request the Secretary to submit a plan of a development scheme to the
Town Planning Board; or
(g) to request the Secretary to recommend to the Governor in Council the
resumption of any land."
14. A certificate signed by the Chief Executive of the Corporation that an instrument of the Corporation purporting to be made or issued by or on behalf of the Corporation was so made or issued shall be conclusive evidence of that fact.
15. Every document purporting to be an instrument made or issued by or on behalf of the Corporation and to be duly executed under the seal of the Corporation, or to be signed or executed by the Chief Executive or a person authorized by the Corporation to act in that behalf, shall be received in evidence and deemed, without further proof, to be so made or issued unless the contrary is shown.
No comments yet.
Private notes are available after approval.