Full legislation
s.15
Vacation of office by Council members
(1)
An elected or
co-
opted member shall be deemed to have vacated his office as a member of the Council
if—
(Amended
96 of 1994 s. 7
;
23 of 2004 s. 13
)
(a)
he resigns his office, by notice in writing delivered to the Registrar;
(b)
he is absent without permission of the President from 3 consecutive meetings of the Council of which he has had notice to attend, and the Council resolves that his office shall be vacant;
(c)
he becomes bankrupt or makes an arrangement or composition with his creditors;
(d)
he ceases to be ordinarily resident in Hong Kong;
(e)
his name is removed from the register under
section
27(1
)(
a)
, under
section 35(1
)(
a)
of the pre-amended Ordinance or under
section 37CA(4)
of the AFRC
Ordinance; or
(Amended
80 of 1997 s. 102
;
23 of 2004 s. 13
;
41 of 2021 s. 113
)
(f)
in the case of an elected member he ceases to belong to the class of which he was a member
under subparagraph (i) or (ii) of
section
10(2
)(
c)
and in the case of a
co-
opted
member he ceases to be a certified public
accountant:
(Amended
96 of 1994 s. 7
;
23 of 2004 s. 54
)
Provided that this paragraph shall not apply if
the remaining number of elected members of that
class is not less than 6.
(Amended
14 of 1985 s. 5
;
23 of 2004 s. 13
)
(2)
A
person who becomes a member of the Council pursuant to
section 10(2
)(
d)
is deemed
to have vacated office as a member of the Council under a circumstance set out in
subsection (1
)(
a)
, (b), (c), (d) or (e), but no vacancy is to arise on the
vacation of office.
(Replaced
9 of 2022 s. 11
)
(3)
An appointed member shall be deemed to have vacated his office as a member of the Council
if—
(a)
he becomes bankrupt or makes an arrangement or composition with his creditors; or
(b)
he ceases to be ordinarily resident in Hong Kong.
(Added
23 of 2004 s. 13
)