Hong Kong Ordinances

THE LEGISLATIVE COUNCIL COMMISSION ORDINANCE - SECT 5

Office of members

(Past version on 30/06/1997).

(1) Subject to subsection (8), a member shall cease to hold office if he
ceases to be a member of the Council.

(2) Without prejudice to subsection (1), a person who becomes a member by
virtue of section 4(1)(d) or (da) shall cease to hold his office upon the
election of members under section 4(1)(e) next after the commencement of this
Ordinance or the amending Ordinance, as the case may be. (Amended 115 of 1997
s. 6)

(3) Without prejudice to subsection (1), a member elected under
section 4(1)(e) shall cease to hold his office as such if-

   (a)  he becomes the President of the Council;

   (b)  he becomes the Chairman of the House Committee of the Council; or

   (c)  he becomes the Deputy Chairman of the House Committee of the Council.

(4) The terms of the office of the members elected under section  4 (1)(e)
shall be such period not exceeding 1 year as the Council may determine at the
time of the election.

(5) Past service is no bar to becoming a member under section  4 (1)(a), (b),
(c) or (da) or re-election as a member under section  4 (1)(e). (Amended 115
of 1997 s. 6)

(6) A member elected under section 4(1)(e) may at any time resign his office
by notice in writing to the Chairman, and the resignation shall take effect-

   (a)  from the date specified in the notice or on the date of receipt of the
        notice by the Chairman, whichever is later; or

   (b)  if no date is specified in the notice, on receipt of the notice by the
        Chairman.

(7) Where a member-

   (a)  dies;

   (b)  ceases to hold office pursuant to subsection (1) or (3); or

   (c)  resigns his office under subsection (6), the Commission may, in such
        manner as it sees fit, appoint a member of the Council in his place to
        hold the office until such time when the term of office of the former
        member would have expired had he not died, ceased to hold office or
        resigned his office, as the case may be. (Amended 80 of 1997 s. 44;
        115 of 1997 s. 6)

(8) Upon a dissolution of the Council-

   (a)  the person who becomes the Chairman by virtue of section  4 (1)(a)
        shall remain in office of the Chairman until the election of the
        President of the Council;

   (b)  the person who becomes the Deputy Chairman by virtue of section  4
        (1)(b) shall remain in office of the Deputy Chairman until the
        election of the Chairman of the House Committee of the Council;

   (c)  the person who becomes a member by virtue of section 4(1)(c) shall
        remain as a member until the election of the Deputy Chairman of the
        House Committee of the Council, next after the commencement of the
        session of the Council next after such dissolution.

(9) Where the Chairman is unable by reason of absence from Hong Kong or
incapacity to perform his functions the Deputy Chairman or, if the office of
the Deputy Chairman is vacant or the Deputy Chairman is also unable by reason
of absence from Hong Kong or incapacity to perform his functions, the member
who becomes a member by virtue of section 4(1)(c), shall act in the place of
the Chairman. (Enacted 1994)