Hong Kong Ordinances
[Index]
[Table]
[Search]
[Notes]
[Noteup]
[Previous]
[Download (Current & Past)]
[Download (Current only)]
[繁體中文]
[Help]
CONSTRUCTION WORKERS REGISTRATION ORDINANCE - SCHEDULE 4
AUTHORITY, STANDING COMMITTEES AND OTHER COMMITTEES
[sections 7, 8, 9, 12,
14 & 65]
PART 1
AUTHORITY AND ITS MEMBERS
1. Tenure of office
(1) An appointed member of the Authority shall hold office for such periods, and on such terms, as the Secretary may specify in the document by which the member is appointed.
(2) An appointed member of the Authority, not being a public officer, shall be appointed for a term not more than 3 years.
(3) An appointed member of the Authority shall—(a) hold and vacate his office in accordance with the terms of his appointment; and
(b) be eligible for reappointment on ceasing to be a member.
(4) If the Secretary is satisfied that an appointed member of the Authority—(a) has become bankrupt or made an arrangement with his creditors;
(b) is incapacitated by physical or mental illness;
(c) has ceased to be of the capacity by virtue of which he was appointed; or
(d) is otherwise unable or unfit to perform the functions of a member,
the Secretary may declare his office as a member of the Authority to be vacant, and shall notify the fact in such manner as the Secretary thinks fit; and upon such declaration the office shall become vacant.
(5) An appointed member of the Authority, not being a public officer, may at any time resign his office by notice in writing to the Secretary.
2. Proceedings of Authority
(1) The chairman of the Authority may appoint the time and place for the Authority to meet.
(2) The Authority shall not transact business at a meeting other than to adjourn unless there is a quorum of 10 members of the Authority present.
(3) At a meeting of the Authority, the following shall preside—(a) the chairman of the Authority;
(b) if a person acts as chairman of the Authority under section 7(5) of this Ordinance, that person; or
(c) if neither the chairman of the Authority nor the person acting as chairman of the Authority under section 7(5) of this Ordinance (if any) is present, such other member of the Authority as the members present elect.
(4) All matters for determination at a meeting of the Authority shall be decided by a majority of votes of the members present and voting, and if there is an equality of votes, the chairman of the Authority or any other member presiding shall have a casting vote in addition to his original vote.
(5) The validity of any proceedings of the Authority shall not be affected by any defect in the appointment of any person purporting to be a member of the Authority or by any vacancy in the membership of the Authority.
(6) Subject to the provisions of this Ordinance, the Authority may regulate its own procedure including the manner in which decisions of the Authority may be made by a quorum of its members otherwise than at a meeting of the Authority.
3. Members of Authority to disclose interests
(1) A member of the Authority who is in any way directly or indirectly interested in a matter being considered made by the Authority shall disclose the nature of his interest at a meeting of the Authority.
(2) The Authority shall record the disclosure in the minutes of the meeting of the Authority.
(3) A member of the Authority who has an interest in a matter referred to in subsection (1)—(a) shall not, without the permission of the chairman of the Authority or any other member of the Authority presiding, take any part in any deliberation of the Authority with respect to that matter; and
(b) shall not in any event vote on that matter.
(4) A member of the Authority need not attend in person at a meeting of the Authority to make a disclosure which he is required to make under this section if he takes reasonable steps to secure that the disclosure is made by a notice in writing which is brought up and read at the meeting.
4. Common seal of Authority
The common seal of the Authority shall not be fixed unless—(a) authorized by the Authority; and
(b) authenticated by the signatures of—(i) the chairman of the Authority; or
(ii) any other member of the Authority authorized by the Authority, either generally or specifically, to act for that purpose.
5. Documents of Authority
(1) The Authority may make and execute any document in the performance of its functions or the exercise of its powers or in connection with any matter reasonably incidental to or consequential upon the performance of its functions or the exercise of its powers.
(2) Any document purporting to be executed under the seal of the Authority shall be admitted in evidence and shall, in the absence of evidence to the contrary, be deemed to have been duly executed.
(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal may be entered into or executed on behalf of the Authority by any member of the Authority authorized by the Authority, either generally or specifically, to act for that purpose.
PART 2
COMMITTEES ESTABLISHED BY AUTHORITY
AND MEMBERS OF COMMITTEES
6. Members of committees
The Authority—(a) may appoint members of the Authority, and persons who are not such members, to be members of a committee; and
(b) shall appoint the chairman of a committee and determine the number of members of a committee.
7. Functions and powers of committees
A committee—(a) shall perform such functions and may exercise such powers as are delegated to it by the Authority under section 9(1)(b) of this Ordinance; and
(b) may, subject to any directions of the Authority, regulate its own procedure.
PART 3
QUALIFICATIONS COMMITTEE
AND ITS MEMBERS
8. Tenure of office
(1) A member of the Qualifications Committee shall hold office for such periods, and on such terms, as the Authority may specify in the document by which the member is appointed.
(2) A member of the Qualifications Committee, not being a public officer, shall be appointed for a term not more than 3 years.
(3) A member of the Qualifications Committee shall—(a) hold and vacate his office in accordance with the terms of his appointment; and
(b) be eligible for reappointment on ceasing to be a member.
(4) If the Authority is satisfied that a member of the Qualifications Committee—(a) has become a member of the Review Committee or a member of the Appeal Board panel;
(b) has become bankrupt or made an arrangement with his creditors;
(c) is incapacitated by physical or mental illness;
(d) has ceased to be of the capacity by virtue of which he was appointed; or
(e) is otherwise unable or unfit to perform the functions of a member,
the Authority may declare his office as a member of the Qualifications Committee to be vacant, and shall notify the fact in such manner as the Authority thinks fit; and upon such declaration the office shall become vacant.
(5) A member of the Qualifications Committee, not being a public officer, may at any time resign his office by notice in writing to the Authority.
9. Proceedings of Qualifications Committee
(1) The chairman of the Qualifications Committee may appoint the time and place for the Committee to meet.
(2) The Qualifications Committee shall not transact business at a meeting other than to adjourn unless there is a quorum of 7 members of the Committee present.
(3) At a meeting of the Qualifications Committee, the following shall preside—(a) the chairman of the Committee;
(b) if a person acts as chairman of the Committee under section 12(5) of this Ordinance, that person; or
(c) if neither the chairman of the Committee nor the person acting as chairman of the Committee under section 12(5) of this Ordinance (if any) is present, such other member of the Committee as the members present elect.
(4) All matters for determination at a meeting of the Qualifications Committee shall be decided by a majority of votes of the members present and voting, and if there is an equality of votes, the chairman of the Committee or any other member presiding shall have a casting vote in addition to his original vote.
(5) The validity of any proceedings of the Qualifications Committee shall not be affected by any defect in the appointment of any person purporting to be a member of the Committee or by any vacancy in the membership of the Committee.
(6) Subject to the provisions of this Ordinance, the Qualifications Committee may regulate its own procedure including the manner in which decisions of the Committee may be made by a quorum of its members otherwise than at a meeting of the Committee.
10. Members of Qualification Committee to disclose interests
(1) A member of the Qualification Committee who is in any way directly or indirectly interested in a matter being considered made by the Committee shall disclose the nature of his interest at a meeting of the Committee.
(2) The Qualification Committee shall record the disclosure in the minutes of the meeting of the Committee.
(3) A member of the Qualification Committee who has an interest in a matter referred to in subsection (1)—(a) shall not, without the permission of the chairman of the Qualification Committee or any other member of the Committee presiding, take any part in any deliberation of the Committee with respect to that matter; and
(b) shall not in any event vote on that matter.
(4) A member of the Qualification Committee need not attend in person at a meeting of the Committee to make a disclosure which he is required to make under this section if he takes reasonable steps to secure that the disclosure is made by a notice in writing which is brought up and read at the meeting.
PART 4
REVIEW COMMITTEE AND ITS MEMBERS
11. Tenure of office
(1) A member of the Review Committee shall hold office for such periods, and on such terms, as the Authority may specify in the document by which the member is appointed.
(2) A member of the Review Committee, not being a public officer, shall be appointed for a term not more than 3 years.
(3) A member of the Review Committee shall—(a) hold and vacate his office in accordance with the terms of his appointment; and
(b) be eligible for reappointment on ceasing to be a member.
(4) If the Authority is satisfied that a member of the Review Committee—(a) has become a member of the Qualifications Committee or a member of the Appeal Board panel;
(b) has become the Registrar, or, where the Registrar is a body corporate, a member, officer or employee of the Registrar;
(c) has become bankrupt or made an arrangement with his creditors;
(d) is incapacitated by physical or mental illness;
(e) has ceased to be of the capacity by virtue of which he was appointed; or
(f) is otherwise unable or unfit to perform the functions of a member,
the Authority may declare his office as a member of the Review Committee to be vacant, and shall notify the fact in such manner as the Authority thinks fit; and upon such declaration the office shall become vacant.
(5) A member of the Review Committee, not being a public officer, may at any time resign his office by notice in writing to the Authority.
12. Proceedings of Review Committee
(1) The chairman of the Review Committee may appoint the time and place for the Committee to meet.
(2) The Review Committee shall not transact business at a meeting other than to adjourn unless there is a quorum of 4 members of the Committee present.
(3) At a meeting of the Review Committee, the following shall preside—(a) the chairman of the Committee;
(b) if a person acts as chairman of the Committee under section 14(6) of this Ordinance, that person; or
(c) if neither the chairman of the Committee nor the person acting as chairman of the Committee under section 14(6) of this Ordinance (if any) is present, such other member of the Committee as the members present elect.
(4) All matters for determination at a meeting of the Review Committee shall be decided by a majority of votes of the members present and voting, and if there is an equality of votes, the chairman of the Committee or any other member presiding shall have a casting vote in addition to his original vote.
(5) The validity of any proceedings of the Review Committee shall not be affected by any defect in the appointment of any person purporting to be a member of the Committee or by any vacancy in the membership of the Committee.
(6) Subject to the provisions of this Ordinance, the Review Committee may regulate its own procedure including the manner in which decisions of the Committee may be made by a quorum of its members otherwise than at a meeting of the Committee.
13. Members of Review Committee to disclose interests
(1) A member of the Review Committee who is in any way directly or indirectly interested in a matter being considered made by the Committee shall disclose the nature of his interest at a meeting of the Committee.
(2) The Review Committee shall record the disclosure in the minutes of the meeting of the Committee.
(3) A member of the Review Committee who has an interest in a matter referred to in subsection (1)—(a) shall not, without the permission of the chairman of the Review Committee or any other member of the Committee presiding, take any part in any deliberation of the Committee with respect to that matter; and
(b) shall not in any event vote on that matter.
(4) A member of the Review Committee need not attend in person at a meeting of the Committee to make a disclosure which he is required to make under this section if he takes reasonable steps to secure that the disclosure is made by a notice in writing which is brought up and read at the meeting.