Hong Kong Ordinances

CONSTRUCTION INDUSTRY COUNCIL ORDINANCE - SCHEDULE 4

COMPOSITION, MEETINGS AND PROCEEDINGS OF BOARD, ETC.

[sections 19, 30 & 69]

1.	Interpretation

In this Schedule—
“Board member” (訓練委員會成員) means a member of the Board referred to in 
section 2;
“chairman” (主席) means the chairman of the Board appointed under section 
2(4).

2.	Composition of Board

(1)	The Board is to consist of 13 members appointed by the Council.
(2)	Of those members—
(a)	4 are to be persons who, in the opinion of the Council, 
represent professionals or consultants connected with the construction 
industry;
(b)	3 are to be persons who, in the opinion of the Council, 
represent contractors in the construction industry;
(c)	one is to be a person who, in the opinion of the Council, 
represents a training institute or tertiary educational institution 
connected with the construction industry;
(d)	2 are to be persons who, in the opinion of the Council, are 
from trade unions representing workers employed in the construction 
industry that are registered under the Trade Unions Ordinance (Cap 332);
(e)	one is to be such other person as the Council thinks fit to be 
a member of the Board; and
(f)	2 are to be public officers.
(3)	The Council may not appoint a public officer under subsection 
(2)(a), (b), (c), (d) or (e).
(4)	The Council is to appoint a Board member to be the chairman of 
the Board.

3.	Term of office of Board member who
	is not public officer

(1)	Subject to subsection (2), a Board member who is not a public 
officer—
(a)	holds office for a period determined by the Council; and
(b)	is eligible for reappointment on the expiry of his term of 
office.
(2)	A Board member who is not a public officer may not serve as 
such a member continuously for more than 6 years.

4.	Resignation of Board member who
	is not public officer

(1)	A Board member who is not a public officer may resign at any 
time by giving notice in writing to the Council.
(2)	A resignation takes effect on the date specified in the notice 
of resignation or, if a date is not specified, on the date the Council 
receives the notice.

5.	Holding of meetings

A meeting of the Board shall be held at such time and place as the 
chairman may appoint.

6.	Quorum

(1)	At a meeting of the Board, a quorum is not less than 6 Board 
members.
(2)	If a Board member is disqualified from taking part in a 
decision or deliberation in respect of a matter under section 8, he shall 
be disregarded for the purposes of constituting the quorum for deciding or 
deliberating on that matter.

7.	Proceedings of Board

(1)	Subject to subsection (2), the chairman is to preside at a 
meeting of the Board.
(2)	If, for any reason, the chairman is not able to preside at a 
meeting of the Board, the Board 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 Board members present and voting.
(4)	If there is an equality of votes, the member presiding has a 
casting vote in addition to his original vote.

8.	Disclosure of interests of Board members

If a Board member has a pecuniary interest, whether direct or indirect, in 
any matter under consideration at a meeting of the Board, the member—
(a)	shall, as soon as practicable after the commencement of the 
meeting, disclose to the Board the fact and nature of his interest;
(b)	shall withdraw from the meeting while the Board is considering 
the matter, if so required by the meeting; and
(c)	shall not in any case vote on the matter.

9.	Validity of proceedings

The validity of any proceedings of the Board shall not be affected by—
(a)	any defect in the appointment of a Board member; or
(b)	any vacancy in the membership of the Board.

10.	Board to determine procedures

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

11.	Delegation of Board’s functions and
	appointment of subcommittee

(1)	The Board may appoint any subcommittee as it considers 
appropriate.
(2)	The Board may delegate in writing any of its functions to a 
subcommittee appointed under subsection (1).
(3)	The Board may not delegate under subsection (2) any of the 
following powers—
(a)	the power to appoint a subcommittee under subsection (1);
(b)	the power to delegate under subsection (2);
(c)	the power to approve programmes of its proposed activities, 
estimates of its income and expenditure or other statements or reports 
required to be submitted to the Council;
(d)	the power to authorize the preparation of its accounts or other 
financial records.
(4)	A delegation may be subject to such terms and conditions as the 
Board considers fit.
(5)	A delegation does not prevent the concurrent performance by the 
Board of the functions delegated.
(6)	The Board may amend or revoke a delegation.

12.	Estimates of the Board

(1)	In every financial year, the Board shall submit to the Council, 
before a date determined by the Council, a programme of its proposed 
activities and estimates of its income and expenditure for the next 
financial year.
(2)	The Board shall submit the programme and estimates for the 
first financial year as soon as practicable after the commencement of this 
section.

13.	Accounts of the Board and submission of
	reports, etc. to Council

(1)	The Board shall maintain proper accounts and records of all its 
income and expenditure.
(2)	The Board shall, as soon as practicable after the end of a 
financial year, cause to be prepared a statement of accounts of the Board 
in respect of the financial year.
(3)	The statement of accounts is to include an income and 
expenditure account and a balance sheet.
(4)	The Board shall submit to the Council, before a date determined 
by the Council, a report on the activities of the Board during the 
financial year and a copy of the statement of accounts referred to in 
subsection (2).