| (Cap 426 section 73) [15 October 1993] (L.N. 407 of 1993) (L.N. 401 of 1993) Cap 426B s 1 (Omitted as spent) (Omitted as spent) (Enacted 1993) Cap 426B s 2 Interpretation In these Rules, unless the context otherwise requires- "inauguration meeting" (创会会议) means the meeting at which a consultative committee is constituted and its first members are elected by the members of a retirement scheme; "proposing members" (提出建议的成员) means the members of a retirement scheme who propose to constitute a consultative committee. (Enacted 1993) Cap 426B s 3 General (1) All notices to be issued under these Rules shall be considered to be properly given if they are sent by post to- (a) in the case of a scheme member, his last known residential address; and (b) in other cases, the last known correspondence address of the addressee.(2) The designated person of a registered scheme shall furnish the names and addresses of scheme members to any scheme member requesting them for the purpose of issuing the notices under these Rules. (Enacted 1993) Cap 426B s 4 Constitution of consultative committees (1) 10 or more scheme members may propose to constitute a consultative committee by sending to every scheme member a notice in writing expressing such a proposal together with a consent form, in Form 1 in the Schedule, for the member's signature. (2) Members consenting to the constitution shall, within 21 days of the issue of the notice, return to one of the proposing members a signed consent form. (3) The consent of the majority of the scheme members is required for the constitution of the consultative committee. (4) The proposing members shall, not more than 28 days after sending the notices under subsection (1), supply the designated person with the signed consent forms that were returned within the required time under subsection (2), and the designated person shall ensure that the consent forms are available for inspection at the inauguration meeting by any scheme member who wishes to do so. (5) On being satisfied that consent forms were returned from the majority of scheme members within the required time, the designated person shall give not less than 14 days' notice to the scheme members, the administrator and the relevant employer of the place, date and time at which the inauguration meeting will take place, and the notice shall include- (a) a proxy form, in Form 2 in the Schedule, which form shall be signed and returned to one of the proposing members not less than 3 days before the date of the meeting by a member who wishes to vote by proxy; and (b) a nomination form for nominating a member for election to the consultative committee, in Form 3 in the Schedule, which form shall be- (i) completed by a member wishing to make a nomination; and (ii) sent to the designated person so that it is received by the designated person not less than 3 days before the date of the meeting.(6) A scheme member may cancel a proxy by attending and voting in person at the inauguration meeting. (7) The quorum for the inauguration meeting shall be 5 scheme members attending the meeting in person. (8) A consultative committee shall consist of the number of members specified in the resolution constituting the committee but shall be not less than 5 nor more than 20, and the number shall not exceed 25% of the membership of the scheme, as determined at the date of the meeting at which members of the consultative committee are to be elected. (9) The designated person shall be chairman of the inauguration meeting. (Enacted 1993) Cap 426B s 5 Election and tenure of committee members (1) Scheme members may elect from among themselves members of the consultative committee at the inauguration meeting and then at each annual meeting of scheme members. (2) Nomination of any scheme member for candidature as a committee member shall be made in advance of the meeting in accordance with section 4(5)(b) or 6(4)(b), as the case may be. (3) Election of committee members shall be by secret ballot. (4) Ballot forms, in Form 4 in the Schedule, shall be issued to members present in person or by proxy- (a) in the case of the inauguration meeting, by the designated person; and (b) at subsequent annual meetings of scheme members, by the secretary of the consultative committee or other committee member appointed by the consultative committee for the purpose of election or voting work.(5) A ballot form that has been signed by the voter is invalid. (6) Scrutineers shall be elected at the meeting concerned from among the voting members to collect the ballot forms and count and check the votes. (7) A consultative committee member shall cease to be a member if he- (a) ceases to be a member of the registered scheme; (b) becomes incapacitated by physical or mental illness; (c) absents himself from 3 or more consultative committee meetings without the consent of the committee; (d) resigns his office by notice in writing delivered to the secretary of the consultative committee.(8) Subject to subsection (7), consultative committee members hold office until the conclusion of the next annual meeting. |
