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HONG KONG SCIENCE AND TECHNOLOGY PARKS CORPORATION ORDINANCE - SCHEDULE 2
CONSTITUTION AND PROCEEDINGS OF BOARD
[section 4]
1. Membership of Board
(1) The Board shall consist of the following members-(a) the Chairman, who shall be appointed by the Chief Executive; and
(b) such number, to be determined by the Secretary (but being neither less than 8 nor more than 16), of other members, who shall be appointed by the Secretary.
(2) A member of the Board appointed under subsection (1)(b) may be a public officer.
(3) A member of the Board (not being a public officer)-(a) shall be appointed for a term not exceeding 3 years;
(b) may, upon the expiry of his term of office, be re-appointed;
(c) shall not be re-appointed if he has been removed from office under subsection (4) or (5);
(d) may, before the expiry of his term of office, resign his office by notice in writing to-(i) the Chief Executive, if the member is the Chairman; or
(ii) the Secretary, if the member is not the Chairman.
(4) The Chief Executive may by notice in writing remove from office the Chairman-(a) whom he reasonably believes has failed to perform the duty imposed by section 10 of this Ordinance; or
(b) who, in the Chief Executive's opinion, has become incapable through ill-health of performing his functions, or has committed misbehaviour, or whose removal from office appears to the Chief Executive to be desirable for the effective performance by the Corporation of its functions.
(5) The Secretary may by notice in writing remove from office a member of the Board appointed by him under subsection (1)(b) (not being a public officer)-(a) whom he reasonably believes has failed to perform the duty imposed by section 10 of this Ordinance; or
(b) who, in the Secretary's opinion, has become incapable through ill-health of performing his functions, or has committed misbehaviour, or whose removal from office appears to the Secretary to be desirable for the effective performance by the Corporation of its functions.
(6) A public officer appointed as a member of the Board under subsection (2) shall hold his office as a member of the Board at the discretion of the Secretary.
2. Temporary replacement of Chairman
(1) Where the Chief Executive is satisfied that the Chairman is unable, because of temporary incapacity or otherwise, to act as the Chairman, the Chief Executive may appoint another person so to act, during a period specified in the appointment, in place of the Chairman.
(2) The period specified in an appointment under subsection (1) may be extended by the Chief Executive if he is satisfied that the person whose inability caused the appointment to be made continues to be unable to act as the Chairman.
(3) An appointment under subsection (1) shall continue in force until the period specified in the appointment or, where appropriate, that period as extended, expires or until the appointment is revoked by the Chief Executive, whichever first occurs.
(4) For so long as an appointment under subsection (1) is in force, the person whose incapacity caused it to be made shall not act as the Chairman.
3. Temporary replacement of other members of Board
(1) Where the Secretary is satisfied that a member of the Board (other than the Chairman) is unable, because of temporary incapacity or otherwise, to act as a member of the Board, the Secretary may appoint another person so to act, during a period specified in the appointment, in place of the member.
(2) The period specified in an appointment under subsection (1) may be extended by the Secretary if he is satisfied that the person whose inability caused the appointment to be made continues to be unable to act as a member of the Board.
(3) An appointment under subsection (1) shall continue in force until the period specified in the appointment or, where appropriate, that period as extended, expires or until the appointment is revoked by the Secretary, whichever first occurs.
(4) For so long as an appointment under subsection (1) is in force, the person whose incapacity caused it to be made shall not act as a member of the Board.
4. Proceedings of Board
(1) At a meeting of the Board-(a) not less than one-third of the members of the Board for the time being shall form a quorum;
(b) the Chairman shall preside;
(c) if the Chairman is not able to preside for any reason, other members present at the meeting shall elect among themselves a member to preside;
(d) all questions for determination shall be decided by a majority of votes of the members present and in the event of an equality of votes the member presiding shall have a casting vote in addition to his original vote.
(2) Subject to this section, the Board may determine the procedure at, and the conduct of, its meetings.
5. Validity of proceedings
The validity of any proceedings of the Board shall not be affected by-(a) any defect in the appointment of a member of the Board;
(b) the absence of any member from the meeting at which such proceedings occurred;
(c) a vacancy among members of the Board.