Cap 162 s 3 Establishment and composition of Midwives Council (MIDWIVES REGISTRATION ORDINANCE)

Contents of Section

Chapter:	162	Title:	MIDWIVES REGISTRATION ORDINANCE	Gazette Number:	L.N. 247 of 1999; 37 of 2000
Section:	3	Heading:	Establishment and composition of Midwives Council	Version Date:	30/09/1999

Remarks:

Adaptation amendments retroactively made - see 37 of 2000 s. 3

PART II

THE MIDWIVES COUNCIL OF HONG KONG

(Amended 61 of 1997 s. 3)

(1) There is established by this Ordinance a council called the Midwives Council of Hong Kong. (Replaced 61 of 1997 s. 4)
(2) The Council shall consist of the Director, the Supervisor of Midwives of the Department of Health and members appointed by the Chief Executive. (Replaced 61 of 1997 s. 4. Amended 37 of 2000 s. 3)
(3) The appointed members are to comprise-

(a) a registered midwife in the public service of Hong Kong to be nominated by the Director of Health;

(b) a registered medical practitioner to be nominated by the University of Hong Kong;

(d) a registered midwife to be nominated by the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap 113);

(e) a registered midwife to be nominated by each hospital declared by the Council under regulations made under this Ordinance to be a training school for midwives;

(f) 3 registered midwives nominated by the Hong Kong Midwives Association;

(g) 2 lay members. (Replaced 61 of 1997 s. 4)

(4) Subject to this section, an appointed member holds office for a period of 3 years, or such lesser period as the Chief Executive may appoint, and is eligible for re-appointment from time to time. (Replaced 61 of 1997 s. 4. Amended 37 of 2000 s. 3)
(5) If an appointed member is temporarily absent from Hong Kong or is for any other reason unable to attend to the business of the Council, the Chief Executive may appoint an additional member during the absence or disability of that member. (Amended 67 of 1985 s. 16; 61 of 1997 s. 4; 37 of 2000 s. 3)
(5A) An appointed member may resign by giving notice in writing to the chairman. (Added 61 of 1997 s. 4)
(5B) The Chief Executive may revoke an appointed member's appointment if the member- (Amended 37 of 2000 s. 3)

(a) is sentenced to imprisonment for an offence;

(b) is the subject of an order made under section 10;

(d) is, in the opinion of the Chief Executive, incapacitated from carrying out the duties of office because of physical or mental illness; (Amended 37 of 2000 s. 3)

(e) is no longer ordinarily resident in Hong Kong; or

(f) is, in the opinion of the Chief Executive, unable or unfit to perform the functions of a member. (Added 61 of 1997 s. 4. Amended 37 of 2000 s. 3)

(6) The chairman of the Council shall-

(a) be elected by the members from amongst themselves;

(b) subject to subsection (6D), hold office for 3 years or until he ceases to hold office as a member, whichever is the earlier; and

(6A) If the office of chairman becomes vacant due to effluxion of time, or as a result of resignation or otherwise, the secretary shall convene a meeting of the Council within 3 months of the occurrence of such vacancy for the purpose of electing a chairman. (Added 6 of 1988 s. 3)
(6B) The secretary shall preside at a meeting held under subsection (6A) until the chairman is elected and assumes office, but he shall not have an original or a casting vote. (Added 6 of 1988 s. 3)
(6C) If the chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or any other reason, the members of the Council shall at a meeting of the Council elect one of themselves to act in his place for the duration of that period and notwithstanding any provision in this Ordinance the secretary may, where necessary, convene a meeting for the purpose of such election. (Added 6 of 1988 s. 3)
(6D) The chairman may at any time resign his office by giving notice in writing to the secretary. (Added 6 of 1988 s. 3)
(7) There shall be a secretary of the Council and a legal adviser to the Council, both of whom shall be appointed by the Chief Executive. (Amended 37 of 2000 s. 3)

(Amended 61 of 1997 s. 27)