Hong Kong Ordinances

PLANNERS REGISTRATION ORDINANCE - SECT 4

Tenure of office

(Past version on 01/07/1997).
(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 57 of 1999 s. 3

(1) A member appointed by the Council-

   (a)  shall be appointed for 4 years or such lesser period as may be
        specified in the terms of his appointment;

   (b)  may resign by giving notice in writing to the Board; and

   (c)  subject to subsection (2) may be reappointed.

(2) A member-

   (a)  who has been a member of the Board appointed by the Council
        continuously for 8 years; or

   (b)  whose period of service as a member of the Board appointed by the
        Council exceeds 8 years in any 10 year period, may not be reappointed
        until a period of 2 years since he last served has elapsed when he
        shall be eligible for reappointment as if he had not previously been
        appointed.

(3) The member appointed by the Chief Executive shall hold office at the
discretion of the Chief Executive. (Amended 57 of 1999 s. 3)

(4) If the Board is satisfied that a member of the Board appointed by the
Council-

   (a)  has become bankrupt or has entered into a voluntary arrangement with
        his creditors within the meaning of the Bankruptcy Ordinance ( Cap 
        6); (Amended 76 of 1996 s. 91)

   (b)  has become so incapacitated by physical or mental illness as to be
        unable to carry out his duties as a member;

   (c)  has ceased to be ordinarily resident in Hong Kong;

   (d)  has been sentenced to imprisonment, whether suspended or not, by any
        court or magistrate;

   (e)  has been found guilty of a disciplinary offence; or

   (f)  notwithstanding any of the other grounds for removal, is, in the
        opinion of the Board, unable or unfit to carry out his functions as a
        member of the Board, the Board may by notice in writing terminate his
        appointment.

(5) Where any member of the Board appointed by the Council is precluded by
temporary absence or incapacity from carrying out his functions as a member
for any period or resigns, the Council may appoint another person to hold
office in place of such member-

   (a)  in the case of a temporary absence or incapacity, during the period of
        temporary absence or incapacity; or

   (b)  in the case of a resignation, for the balance of the period for which
        the resigning member was due to serve. (Enacted 1991)