Hong Kong Ordinances
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EMPLOYEES RETRAINING ORDINANCE - SCHEDULE 1
PROVISIONS AS RESPECTS THE BOARD AND THE MEMBERS THEREOF
[sections 3(4), 24 & 31]
Seal and status
1. The Board shall have a common seal.
2. The Board shall not be regarded as a servant or agent of the Government or as enjoying any status, immunity or privilege of the Government.(Amended 23 of 2002 s. 37)
Members
3. (1) Subject to subsection (3), a member of the Board shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(2) Any member appointed under section 3(2)(a) of this Ordinance may at any time-(a) resign his office by notice in writing to the Chief Executive; or
(b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause,
and upon such resignation or removal the term for which he was appointed shall be deemed to have expired.
(3) Where any member appointed under section 3(2)(a) of this Ordinance is precluded by temporary incapacity or other cause from exercising his functions as a member for any period, the Chief Executive may appoint another person to act in place of that member during that period.
(4) Where any question arises under subsection (2)(b) or (3) as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Chief Executive shall be final.(Amended 56 of 2000 s. 3)
4. If the Chief Executive is satisfied that a member of the Board appointed under section 3(2)(a) of this Ordinance-(a) has failed to attend 3 consecutive meetings of the Board without the permission of the Board; 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 Chief Executive may declare his office as a member of the Board to be vacant, and shall notify that fact in such manner as the Chief Executive thinks fit and upon such declaration the office shall become vacant.(Amended 56 of 2000 s. 3)
Meetings
5. The quorum of the Board shall, in the absence of a quorum decided by the Board, be 7 and, while a member is disqualified from taking part in a decision or deliberation of the Board in respect of a matter, he shall be disregarded for the purposes of constituting a quorum of the Board for deciding, or deliberating on, that matter.
6. (1) Subject to the foregoing provisions of this Schedule and to subsections (2) to (5), the Board shall have power to regulate its own procedure including the manner in which decisions of the Board may be made by a quorum of its members otherwise than at a meeting of the Board.
(2) Meetings of the Board shall be held at such times and places as the Chairman may appoint.
(3) The Chairman shall preside at any meeting of the Board.
(4) If the Chairman is absent from any meeting of the Board, the Vice-Chairman shall act as Chairman in his place, and in the absence of the Vice-Chairman the members present at the meeting shall elect one of their number to act as Chairman.
(5) The person presiding at any meeting of the Board shall have a deliberative vote on all matters coming before the Board and in the case of an equality of votes he shall also have a casting vote.
Transaction of business
7. (1) The Board 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 Board.
(2) The date of a resolution referred to in subsection (1) shall be deemed to be the latest date on which the resolution, or any written approval in relation to that resolution, was signed or endorsed by a member.
Committees
8. (1) The Board may create, and appoint the members of, such committees for the better carrying out of the powers and functions of the Board as it thinks fit.
(2) Persons who are not members of the Board may be appointed as members of committees.
(3) The Chairman of a committee created under subsection (1) shall be appointed by the Board and the number of members of a committee shall be determined by the Board.
(4) Subject to the terms of any delegation by the Board or to any directions of the Board, a committee-(a) may exercise and perform the delegated powers and functions with the same effect as if it were the Board itself;
(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary; and
(c) may regulate its own procedure.
(5) The proceedings of any committee created under subsection (1) shall not be invalidated by any defect in the appointment of any member thereof, the absence of any member from the meeting at which any such proceeding occurred or any vacancy amongst such members.
9. (1) Subject to subsection (2), the Board may, with or without restrictions or conditions as it thinks fit, delegate in writing any of its powers to any committee created under section 8(1).
(2) The Board shall not delegate the power-(a) to create any committee;
(b) to determine matters relating to the remuneration and terms and conditions of appointment or employment of the employees of the Board;
(c) 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 payment of allowances, benefits, gratuities, pensions and remuneration to the employees of the Board; or
(d) to furnish after the expiry of the financial year, a report on the activities and affairs of the Board for that year, a copy of its statement of accounts therefor and the auditor's report on the accounts.
Documents
10. Every document purporting to be an instrument made or issued by or on behalf of the Board and to be duly executed under the seal of the Board or to be signed or executed by a person authorized by the Board to act in that behalf, shall, in the absence of evidence to the contrary, be received in evidence and deemed, without further proof, to be so made or issued.(Enacted 1992)