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HUMAN REPRODUCTIVE TECHNOLOGY ORDINANCE - SCHEDULE 1
PROVISIONS WITH RESPECT TO COUNCIL AND COMMITTEES AND THEIR MEMBERS
[sections 2(1), 4(5), 6(2) & (3),
7, 10(2)(c), 45(4) & 46]
PART 1
COUNCIL AND ITS MEMBERS
1. Terms and conditions of appointment of members of Council
Subject to sections 2 and 3, the Chief Executive shall determine the terms and conditions of appointment of a member of the Council.
2. Terms of appointment of members of Council
(1) Subject to section 3, a member of the Council shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for reappointment.
(2) A member of the Council, not being a public officer, shall be appointed for a term not exceeding 3 years.
(3) A member of the Council, not being a public officer, may at any time by notice given to the Chief Executive resign his office.
3. Chief Executive may, etc. in certain circumstances declare office of member of Council to be vacant
(1) If the Chief Executive is satisfied that a member of the Council, not being a public officer-(a) has been absent from 3 consecutive meetings of the Council without the permission of the Council;
(b) has become bankrupt or made an arrangement with his creditors;
(c) is incapacitated by physical or mental illness;
(d) has ceased to be of the capacity by virtue of which he was appointed; or
(e) is otherwise unable or unfit to discharge the functions of a member,
the Chief Executive may declare his office as a member of the Council to be vacant, and shall notify the fact in such manner as the Chief Executive thinks fit; and upon such declaration the office shall become vacant.
(2) If a member of the Council becomes the person responsible under a licence or the licensee, the Chief Executive shall declare his office as a member of the Council vacant, and shall notify the fact in such manner as the Chief Executive thinks fit; and upon such declaration the office shall become vacant.
4. Quorum of Council, etc.
(1) The quorum of the Council shall be not less than half the members thereof for the time being and, while a member is disqualified from taking part in a decision or deliberation of the Council in respect of a matter, he shall be disregarded for the purpose of constituting a quorum of the Council for deciding, or deliberating on, that matter.
(2) All matters for determination at a meeting of the Council shall be decided by a majority of votes of the members present and voting and where there is an equality of votes-(a) the Chairperson;
(b) if the Chairperson is absent or disqualified as referred to in subsection (1), the deputy Chairperson;
(c) if both the Chairperson and the deputy Chairperson are absent or so disqualified, any other member of the Council presiding,
shall have a casting vote in addition to his original vote.
5. Procedure of Council
Subject to the provisions of this Schedule, the Council shall have power to regulate its own procedure including the manner in which decisions of the Council may be made by a quorum of its members otherwise than at a meeting of the Council.
PART 2
COMMITTEES AND THEIR MEMBERS
6. Committees required to be established
Without prejudice to the generality of section 6(1) of this Ordinance, the Council shall, not later than 6 months after this section comes into operation-(a) establish a committee, to be called in English the "Ethics Committee" and in Chinese“倫理委員會”, to-(i) seek the views of the public on any of the social, moral, ethical and legal issues that arise from reproductive technology procedures;
(ii) provide advice to the Council on any of those issues, whether in consequence of the committee's function under subparagraph (i) or otherwise; and
(iii) liaise and co-operate with any other committee or body concerned with any of those issues, and whether or not the committee or body is established pursuant to a licence;
(b) establish a committee, to be called in English the "Inspection Committee" and in Chinese“視察委員會”, to-(i) conduct inspections of premises for the purposes of paragraph (d) of section 23(2) of this Ordinance;
(ii) make recommendations to the Council in respect of-(A) the grant of licences;
(B) any conditions to which any licence, or class of licence, may be subject;
(c) establish a committee, to be called in English the "Investigation Committee" and in Chinese“調查委員會”, to conduct an investigation into any matter which may give rise to the Council exercising any of its powers under section 27(1), (2) or (3) or 29 of this Ordinance.
7. Chairpersons of committees
The chairperson of a committee shall be appointed from amongst members of the committee who are also members of the Council.
PART 3
PROVISIONS OF SCHEDULE NOT SUBJECT TO DELEGATION
8. Council not to delegate certain functions and powers
The Council shall not delegate under section 10(1) of this Ordinance any functions or powers imposed or conferred on it under section 5 or 6.