Cap 588 Sched 2 PROVISIONS RELATING TO COUNCIL AND ITS MEMBERS (FINANCIAL REPORTING COUNCIL ORDINANCE)

Contents of Section

Chapter:	588	Title:	FINANCIAL REPORTING COUNCIL ORDINANCE	Gazette Number:	L.N. 204 of 2006
Schedule:	2	Heading:	PROVISIONS RELATING TO COUNCIL AND ITS MEMBERS	Version Date:	01/12/2006

[sections 7, 11 & 61]

1. Seal

(1) The affixing of the common seal of the Council is to be authenticated by the signature of—

(a) the Chairman of the Council; or

(b) such other member of the Council authorized by it for the purpose.

(2) Any document purporting to be a document duly executed under the seal of the Council is to be received in evidence and is, unless the contrary is proved, to be deemed to be a document so executed.

2. Tenure of appointed members

(1) An appointed member of the Council is to be appointed for a term not exceeding 3 years.
(2) On the expiry of his period of appointment or reappointment, an appointed member of the Council is eligible for reappointment.
(3) An appointed member of the Council may resign from office by giving notice in writing to the Chief Executive. A notice of resignation takes effect on the date specified in the notice or, if no date is specified, on the date of receipt by the Chief Executive of the notice.

3. Acting Chairman or temporary member

(1) If—

(a) because of absence from Hong Kong or any other reason, the Chairman of the Council is unable to perform the functions of his office as Chairman; or

(b) there is a vacancy in the office of Chairman of the Council,

the Chief Executive may appoint another appointed member of the Council who is a lay person to act as Chairman of the Council during the absence, incapacity or vacancy.
(2) If, because of absence from Hong Kong or any other reason, an appointed member of the Council, other than the Chairman, is unable to perform the functions of his office as member, the Chief Executive may, subject to subsection (3), appoint another person to be a temporary member in his place during his absence or incapacity.
(3) If the Chief Executive is to appoint a person to be a temporary member in the place of an appointed member of the Council who was appointed under section 7(1)(c)(i), (ii) or (iii) of this Ordinance on the nomination of another person, the Chief Executive shall make the appointment on the nomination of that other person.
(4) If a person is appointed to act as Chairman of the Council, the person may perform all the functions of the Chairman.
(5) If a person is appointed as a temporary member of the Council, the person may perform all the functions of the member in whose place the person is appointed.

4. Terms and conditions of appointment of
members

All matters relating to the terms and conditions of the appointment of an appointed member of the Council are to be determined by the Chief Executive.

5. Removal of appointed members

(1) If the Chief Executive is satisfied that an appointed member of the Council—

(a) has become a public officer;

(b) has become bankrupt;

(d) is convicted in Hong Kong of an offence that is punishable by imprisonment for 12 months or more or is convicted elsewhere than in Hong Kong of an offence that, if committed in Hong Kong, would be an offence so punishable; or

(e) is otherwise unable or unfit to perform the functions of a member of the Council,

the Chief Executive may declare his office as member of the Council to be vacant, and upon such declaration the office becomes vacant.
(2) The Chief Executive shall give notice of a declaration under subsection (1) in such manner as he thinks fit.
(3) Subsection (4) applies if notice of a declaration is given under subsection (2) otherwise than by notice published in the Gazette.
(4) The Chief Executive shall, as soon as practicable after having given notice under subsection (2), give another notice of the declaration by notice published in the Gazette.

6. Meetings and proceedings of Council

(1) Meetings are to be held as often as necessary to enable the Council to perform its functions.
(2) A meeting of the Council may be convened by the Chairman of the Council. The Chairman of the Council is to convene a meeting of the Council on being given a notice for that purpose by 2 or more other members of the Council.
(3) The procedure for convening meetings of the Council and for the conduct of business at those meetings is, subject to this Ordinance, to be determined by the Council.
(4) The quorum for a meeting of the Council is two thirds of the members of the Council.
(5) A member of the Council is regarded as being present at a meeting of the Council if—

(a) he participates in the meeting by telephone, video conferencing or other electronic means; and

(b) he is able to communicate with the other members present at the meeting and they are able to communicate with him.

(6) If a member of the Council is required under section 53(5) or (6) of this Ordinance not to be present during any deliberation of, or not to take part in any decision of or the making of a determination by, the Council, he is not to be counted for the purpose of forming a quorum at such part of a meeting of the Council that is held for such deliberation or decision or the making of such determination.
(7) The Chairman of the Council shall preside at all meetings of the Council. Subject to section 3(1), if the Chairman is absent from any meeting or any part of the meeting, he may nominate an appointed member of the Council who is a lay person to preside in his absence as Chairman at the meeting or that part of the meeting.
(8) At a meeting of the Council, each member of the Council present has one vote.
(9) Subject to subsection (10), every matter for decision at a meeting of the Council is to be determined by a majority of the votes of the members of the Council present. In the case of an equality of votes, the Chairman of the Council, or the member of the Council nominated by the Chairman to preside at the meeting, has a casting vote.
(10) For the purposes of subsection (9), the number of the votes that constitutes the majority, apart from the casting vote (if any), is to be 4 or more.

7. Transaction of business by circulation of papers

(1) The Council may transact any of its business by circulation of papers.
(2) A written resolution that is approved in writing by all the members of the Council present in Hong Kong (being not less than the number required to constitute two thirds of the members of the Council) is as valid and effectual as if it had been duly passed at a meeting of the Council by the votes of the members of the Council so approving the resolution.

8. Committees

(1) The Council may establish committees for any general or special purposes as it thinks fit.
(2) The Council shall appoint one of its members to be the chairman of such a committee.
(3) The Council may appoint other members of such a committee. The number of such other members who are members of the Council is to exceed the number of those who are not.
(4) The procedure for convening meetings of such a committee and for the conduct of business at those meetings is, subject to any direction of the Council, to be determined by the committee.