Legislative Council

LC Paper No. CB(2) 2/98-99


Ref: CB2/T/1

Paper for the House Committee Meeting
on 6 July 1998

Procedure for Election of Members for Appointment to the
Nomination and Election of Members of
the Legislative Council to Advisory Bodies

Purpose

This paper invites Members to consider the nomination and election procedure for Members of the Legislative Council to be elected to serve on the following advisory bodies -

  1. Disaster Relief Fund Advisory Committee;

  2. Po Leung Kuk Advisory Board;

  3. Tung Wah Group of Hospitals Advisory Board;

  4. Council of the Chinese University of Hong Kong;

  5. Court of the University of Hong Kong; and

  6. The English Schools Foundation.

Background

Disaster Relief Fund Advisory Committee

2. The Disaster Relief Fund was established on 1 December 1993 by resolution under the Public Finance Ordinance (Cap. 2) to provide a mechanism to enable the Hong Kong Administration to respond swiftly to international appeals for humanitarian aid. The resolution also provides for the appointment of the Disaster Relief Fund Advisory Committee by the Chief Executive to advise the Financial Secretary on disbursement from the Fund. The terms of reference of the Advisory Committee are in Appendix I.

3. The Disaster Relief Fund Advisory Committee is chaired by the Chief Secretary for Administration and comprises the Secretary for the Treasury, Secretary for Health and Welfare, two Members of the Executive Council and two Members of the Legislative Council. The Advisory Committee meets as and when required.

Po Leung Kuk Advisory Board
Tung Wah Group of Hospitals Advisory Board

4. The Po Leung Kuk Advisory Board was established under the Po Leung Kuk Ordinance (Cap. 1040) to advise the Board of Directors on matters affecting the Kuk and its administration. The duties and composition of the Advisory Board, as provided under paragraph 18 of the Schedule to the Ordinance, are set out in Appendix II. The Advisory Board consists of not more than 15 persons and the chairman is the Secretary for Home Affairs. In accordance with paragraph 18(2)(e), one person shall be nominated by Members of the Legislative Council from among their own number as an ex officio member of the Board.

5. As regards the Tung Wah Group of Hospitals Advisory Board, it was established under the Tung Wah Group of Hospitals Ordinance (Cap. 1051) to advise the Board of Directors on matters affecting the Group and its administration. The duties and composition of the Advisory Board, as set out in paragraph 19 of the Schedule to the Ordinance, are detailed in Appendix III. The Advisory Board consists of not more than 14 persons and the chairman is also the Secretary for Home Affairs. As provided in paragraph 19(2)(c), one person shall be nominated by Members of the Legislative Council from among their own number as an ex officio member of the Board.

6. Most business of the two Advisory Boards is carried out by means of circulation of papers but meetings may be convened as and when necessary. The Po Leung Kuk Advisory Board holds an annual joint meeting with the Kuk's Board of Directors in March each year. There is no such arrangement for the Tung Wah Group of Hospitals Advisory Board.

Council of the Chinese University of Hong Kong

7. Under Statute 11 of the Chinese University of Hong Kong Ordinance (Cap. 1109), the University Council shall consist of, among others, three persons elected by Members of the Legislative Council from among their own number. The term of office is for three years. A Member will cease to hold office if he or she ceases to be a Member of the Legislative Council during the three-year term. The Council meets four to five times a year. The composition, power and duties of the University Council, as provided in subparagraphs 1 and 8 of Statute 11, are set out in Appendix IV.

Court of the University of Hong Kong

8. Under Statute XV of the University of Hong Kong Ordinance (Cap.1053), the University Court shall consist of , among others, five persons elected by Members of the Legislative Council from among their own number. Once a Member has become an elected member of the University Court, the Member holds office for three years even if he or she ceases to be a Legislative Council Member during the three year-term. The Court meets once a year in December and most business is conducted by circulation of papers. The composition and powers of the University Court, as provided in Statutes XV and XVII of the Ordinance, are set out in Appendix V.

The English Schools Foundation

9. Regulations made under section 10 of The English Schools Foundation Ordinance (Cap. 1117) provide, inter alia, that two members of the Foundation shall be nominated by Members of the Legislative Council among their own number. The composition, powers and duties of the Foundation, as set out in Regulation 3 of The English School Foundation Ordinance, are detailed in Appendix VI. Regulation 3.3 provides that a nominated member shall hold office for not more than three years at a time. The Foundation meets twice a year, in June and December.

Nomination and Election Procedure

10. It is recommended that the nomination and election of Members for appointment to the six advisory bodies be conducted at a House Committee meeting. A valid nomination shall be made orally by a Member, seconded by at least one other Member, and accepted by the Member being nominated. A Member who nominates a Member who is absent from the meeting when the nomination is made shall state that the absent Member's acceptance of the nomination has been secured. If there is objection to a nomination or if the number of nominations exceeds that required for appointment, a vote will be taken by a show of hands.

Advice Sought

11. Members' view is sought on the nomination and election procedure proposed in paragraph 10 above.

Dates of Election

12. Subject to Members' agreement to the nomination and election procedure, Members will be invited to make the following nominations at the meeting of the House Committee on 10 July 1998 -

  1. Two Members to serve on the Disaster Relief Fund Advisory Committee;

  2. One Member to serve on the Po Leung Kuk Advisory Board;

  3. One Member to serve on the Tung Wah Group of Hospitals Advisory Board; and

  4. Three Members to serve on the Council of the Chinese University of Hong Kong.

13. As regards the Court of the University of Hong Kong and The English Schools Foundation, Members will be invited to make the following nominations at a House Committee meeting in October 1998 -

  1. Three Members to serve on the Court of the University of Hong Kong, as the terms of office of three of the five Members elected by Members of the former Legislative Council will expire on 19 October 1998. The terms of office of the other two Court members, Hon James TO and Mrs Peggy LAM, will expire on 29 April 1999 and 23 October 2000, respectively; and

  2. Two Members to serve on The English Schools Foundation as the terms of office of the two members elected by Members of the former Legislative Council will expire on 19 October 1998.


Legislative Council Secretariat
3 July 1998



Appendix I

Disaster Relief Fund Advisory Committee

Terms of Reference

  1. To advise on the policy and practices regarding the disbursements from the Disaster Relief Fund for disaster relief outside Hong Kong.

  2. To advise on the award of grants of specified amounts from the Disaster Relief Fund to specified recipients.

  3. To monitor the use of grants by the recipients of the disbursements from the Disaster Relief Fund.