Provisions Applicable to Commission
1. (1) The Chairman or other member of the Commission shall, subject to this section—
- (a) hold and vacate office in accordance with his terms of appointment; and
- (b) on ceasing to hold office, be eligible for reappointment.
(2) The Chairman or other member of the Commission may at any time resign his office by notice in writing to the Chief Executive, and the resignation shall take effect—
- (a) from the date specified in the notice or on receipt of the notice by the Chief Executive, whichever is later; or
- (b) if no date is specified, on receipt of the notice by the Chief Executive.
(3) If the Chairman or other member of the Commission—
- (a) is absent from Hong Kong for more than 6 months consecutively; or
- (b) is in the opinion of the Chief Executive—
- (i) incapacitated due to physical or mental illness; or
- (ii) otherwise unable or unfit to discharge the functions of his office,
the Chief Executive may by notice in writing to him remove him from office.
(4) Where the office of the Chairman or other member becomes vacant, the Chief Executive shall, as soon as practicable by notice published in the Gazette, appoint another person in his place for a period specified by the Chief Executive at the time of appointment.
(5) If the Chairman or other member, due to absence from Hong Kong or any other reason, is unable to perform the function of his office as the Chairman or other member for any period, the Chief Executive may appoint, in the case of—
- (a) the Chairman, another member of the Commission;
- (b) any other member, another person,
to act in the place of the Chairman or the other member, as the case may be, for that period.
(6) Section 3(4), (5) and (6) of this Ordinance shall apply to an appointment or reappointment under subparagraph (1) or (4) and section 3(4) and (5) of this Ordinance shall apply to an appointment under subparagraph (5).
(7) Where the Chairman or other member—
- (a) resigns from office, the Chief Executive shall give notice in the Gazette of the resignation as soon as practicable after receipt by the Chief Executive of the relevant notice under subparagraph (2);
- (b) ceases to hold office due to disqualification or removal, the Chief Executive shall give notice thereof in the Gazette as soon as practicable.
(8) Where a member of the Commission (including the Chairman) ceases to hold office due to disqualification pursuant to section 3(5)(f) or 3(5)(k)(xi) of this Ordinance, the cessation shall be deemed to operate from the date of the notice under subparagraph (7).
2. (1) Subject to subparagraph (2), meetings of the Commission shall be held at such times and places as may be determined by the Chairman.
(2) The Commission shall hold a meeting at least once every 12 months.
(3) Subject to subparagraph (6), at any meeting of the Commission the Chairman and 1 member shall form a quorum.
(4)At any meeting of the Commission—
- (a) the Chairman shall preside;
- (b) any question shall be decided by the majority of the votes of those present and voting; and
- (c) in case of an equality of votes, the Chairman shall have a casting vote.
(5) Without prejudice to section 9 of this Ordinance, a person who is not a member may attend a meeting of the Commission with the consent of the Chairman or if so provided in the standing orders made under section 5 of this Ordinance, but such a person or the Chief Electoral Officer and his representative attending a meeting under section 9 of this Ordinance shall not be entitled to vote at a meeting of the Commission.
(6) Any decision relating to—
- (a) the issue of guidelines under section 6(1) of this Ordinance; and
