CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 3 MEETINGS AND PROCEEDINGS OF COUNCIL

Hong Kong Ordinances

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CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 3

MEETINGS AND PROCEEDINGS OF COUNCIL

[sections 14 & 69]

1. Interpretation

In this Schedule—
“chairman” (主席) means the chairman of the Council referred to in section 9(1)(a) of this Ordinance;
“member” (成員) means a member of the Council referred to in section 9(1) of this Ordinance.

2. Holding of meetings

(1) Subject to subsection (2), a meeting of the Council shall be held at such time and place as the chairman may appoint.
(2) The Council shall meet if there is a notice in writing, signed by not less than half of its members, requesting that a meeting be held.

3. Notice of meetings

Unless otherwise determined by the chairman, a notice of meeting shall be served on each member at least 14 days before the day on which the meeting is to be held.

4. Quorum

(1) At a meeting of the Council, a quorum is not less than half of its members.
(2) If a member is disqualified from taking part in a decision or deliberation in respect of a matter under section 6, he shall be disregarded for the purposes of constituting the quorum for deciding or deliberating on that matter.

5. Proceedings of Council

(1) Subject to subsection (2), the chairman is to preside at a meeting of the Council.
(2) If, for any reason, the chairman is not able to preside at a meeting of the Council, the members present at the meeting are to elect a member from among themselves to preside.
(3) All questions for determination are to be decided by a majority of votes of the members present and voting, and if there is an equality of votes, the member presiding has a casting vote in addition to his original vote.

6. Disclosure of interests of members

If a member has a pecuniary interest, whether direct or indirect, in any matter under consideration at a meeting of the Council, the member—

(a) shall, as soon as practicable after the commencement of the meeting, disclose to the Council the fact and nature of his interest;

(b) shall withdraw from the meeting while the Council is considering the matter, if so required by the meeting; and

7. Keeping of register by Council

(1) The Council is to establish and maintain a register for the purpose of keeping a record of any disclosure made by a member.
(2) The Council may determine the form of the register, including the manner of making entries in it.
(3) After a disclosure is made by a member, the Council is to cause the name of that member and the particulars of the disclosure to be recorded in the register; if a further disclosure is made, the Council is to cause those particulars to be recorded in the register after such disclosure is made.
(4) For the purpose of enabling any member of the public to ascertain the particulars of the disclosure made by a member, the Council is to make available the register for inspection by the public at any reasonable time.
(5) In this section, “disclosure” (披露) means a disclosure of pecuniary interest required to be made under section 6.

8. Validity of proceedings

The validity of any proceedings of the Council shall not be affected by—

(a) any defect in the appointment of a member; or

(b) any vacancy in the membership of the Council.

9. Meetings of Council to be held in public

(1) Subject to subsection (2), a meeting of the Council shall be open to the public.
(2) Subsection (1) does not apply to a meeting of the Council or a part of a meeting of the Council in the following circumstances—

(a) if, in the opinion of the Council, it is likely that the application of subsection (1) would result—

(i) in premature release of information concerning any financial matter or investment of the Council; or

(ii) in a disclosure of information in breach of any law, order or direction of a court or tribunal, duty of confidentiality, or other legal obligation or duty;

(b) if, in the opinion of the Council, it is likely that any matter to be discussed or considered at the meeting or part of the meeting—

(i) concerns personnel matters; or

(ii) concerns a particular case that involves the carrying out of any provision of this Ordinance relating to the levy, surcharge, penalty or further penalty; or

(c) if the Council, having regard to all the circumstances of a particular case, reasonably considers that subsection (1) should not apply to the meeting or part of the meeting.

10. Council to determine procedures

Subject to the provisions of this Ordinance, the Council may determine its own procedures.

11. Resolutions without meetings

(1) Subject to section 2(2) and this section, any business that may be transacted by a resolution of the Council in a meeting may be validly transacted, without a meeting, by a resolution in writing if—

(a) the resolution is signed and endorsed by more than half of the eligible members; and

(b) it is so signed and endorsed within the specified period.

(2) If a resolution is in the form of more than one document, the requirements of subsection (1)(a) are to be regarded as satisfied if each document is in the like form and the documents together bear the signatures of, and have been endorsed by, more than half of the eligible members.
(3) A telex, cable or facsimile, or an electronically transmitted document, that bears the signature of an eligible member is to be regarded as signed by that member.
(4) A resolution in the form of more than one document is to be regarded as made on the date on which the resolution is signed by the last member to sign and endorse it within the specified period.
(5) A member may, within the specified period, give notice in writing to the chairman requiring that the business to which the resolution relates be transacted at a meeting of the Council.
(6) Where a notice is given under subsection (5), the following applies—

(a) the business to which the resolution relates may not be transacted in the manner described in subsection (1);

(b) a resolution for the purposes of subsection (1) may not be made or regarded as having been made.

(7) For the purposes of this section—
“eligible member” (合資格成員) means a member who, on the date on which the resolution is made, is entitled to attend and vote at a meeting of the Council in respect of the business;
“endorse” (同意), in relation to a resolution, includes to endorse the transaction of the business by a resolution without a meeting of the Council;
“specified period” (指明期間), in relation to any business referred to in subsection (1), means a period—

(a) that is determined by the chairman and specified in the documents circulated for the purposes of transacting the business; and

(b) within which a member may indicate to the Council as to whether he endorses the resolution.

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