### Hong Kong Productivity Council Ordinance 《香港生產力促進局條例》

9. Membership of Council
(1) The Council shall consist of not more than 23 members to be appointed by the Chief Executive, of whom— (Amended 18 of 1990 s. 3)
(a) one shall be appointed by the Chief Executive as Chairman of the Council;
(b) not more than 17 shall be appointed to represent management, labour and professional or academic interests; and (Amended 18 of 1990 s. 3; 67 of 1993 s. 4)
(c) not more than 5 shall be public officers. (Replaced 83 of 1974 s. 3. Amended 67 of 1993 s. 4)
(2) There shall be a Deputy Chairman of the Council who shall be appointed by the Chief Executive from amongst the members.
(3) (a) Every member of the Council who is a public officer shall hold office at the discretion of the Chief Executive.
(b) Without prejudice to section 42 of the Interpretation and General Clauses Ordinance (Cap. 1), every member of the Council who is not a public officer shall be appointed for a period of 2 years or for such lesser period as the Chief Executive may in any particular case appoint, but may from time to time be reappointed.
(4) Any member who is not a public officer may at any time by notice in writing to the Chief Executive resign from the Council.
(5) If the Chairman of the Council is absent from Hong Kong or is, for any other reason unable to act as Chairman, the Chief Executive may appoint a member of the Council to act as Chairman during the absence or incapacity of the Chairman.
(6) If any member other than the Chairman is absent from Hong Kong, or is for any other reason unable to exercise the powers or perform the duties of his office as a member of the Council, the Chief Executive may appoint another person to be a temporary member of the Council during the absence or incapacity of that member.
(Amended 65 of 2000 s. 3)

10. Chairman of meetings, and restriction on voting
The Chairman or, in his absence from any meeting, the Deputy Chairman appointed under section 9(2) shall preside at every meeting of the Council but the person presiding at a meeting shall not vote thereat except in the case of an equality of votes when he shall have a casting vote.

### Hong Kong Productivity Council Ordinance 《香港生產力促進局條例》

11. Meetings of the Council
(1) Meetings of the Council shall be held at such times and places as the Chairman may from time to time appoint.
(2) The Chairman shall, if requested by notice in writing signed by not fewer than 4 members of the Council, convene a meeting of the Council within 14 days of that notice.
(3) At all meetings of the Council a majority of the members shall form a quorum.
(4) All questions arising at any meeting of the Council shall be decided by a majority of votes of the members present and voting thereon.
(5) Subject to this Ordinance, the Council may by resolution make rules for the procedure at and conduct of its meetings.
(6) If a member is in any way directly or indirectly interested in a matter under discussion at a meeting of the Council—
(a) he shall disclose the nature of his interest at the meeting;
(b) the disclosure shall be recorded in the minutes of the Council;
(c) the member presiding at the meeting may at his discretion require the member who has disclosed the interest to withdraw from the meeting; and
(d) in the event that the member who has disclosed the interest is the member presiding at the meeting, the other members present may, by a majority of votes, require him to withdraw from the meeting, and (in the absence of the Deputy Chairman) appoint one of their number to preside at the meeting during his absence. (Added 67 of 1993 s. 5)

12. Transaction of business by circulation of papers
The Council may, if it thinks fit, transact any of its business by the circulation of papers, and a resolution in writing approved in writing by a majority of the members thereof shall be as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving the resolution.

13. Validity of proceedings
The validity of any proceeding of the Council shall not be affected by any defect in the appointment of any member or by the absence of any member from the meeting at which such proceeding occurred or by any vacancy among members of the Council.

### Hong Kong Productivity Council Ordinance 《香港生產力促進局條例》

16. Estimates
(1)  Each financial year, before a date to be appointed by the Chief Executive, the Council shall forward to the Financial Secretary, for the approval of the Chief Executive, a programme of its proposed activities for the next financial year together with or incorporating estimates of its income and expenditure for the next financial year in the form required by subsections (2) and (3): (Amended 65 of 2000 s. 3)
Provided that the programme and estimates of income and expenditure for the first financial year of the Council shall be forwarded as soon as is practicable after the commencement* of this Ordinance. 
(2) The estimates required by subsection (1) shall set out the source of all income, and shall show the distribution of expenditure under the following major heads—
(a) staff emoluments (including provision for provident fund contributions and benefits, medical expenses and other ancillary pecuniary benefits);
(b) capital expenditure exceeding the amount specified in Part II of the Second Schedule on any one item; (Amended 57 of 1985 s. 9)
(c) recurrent expenditure other than expenditure shown under head (a) aforesaid and capital expenditure other than expenditure shown under head (b) aforesaid;
(d) non-recurrent expenditure other than capital expenditure shown under head (b) or (c) aforesaid.
(3) Each major head of expenditure shall show clearly the destination of all moneys and where several matters are dealt with under the one head each such matter shall be itemized and be shown in a separate sub-head relating to similar items of expenditure.
(4) Notwithstanding the approval of the Chief Executive of the estimates of the Council, the Council may at any time or from time to time and with or without specifying the purpose of the transfer—
(a) transfer to head (b), (c) or (d), or to each such head, from any other major head of expenditure a sum not exceeding or sums in the aggregate not exceeding 20 per cent of the amount approved for the head to which such sum is or sums are transferred; and (Amended 57 of 1985 s. 9)
(b) transfer any sum or sums, without restriction, from any sub-head to any other sub-head or sub-heads within the same head of expenditure,
but save as permitted by paragraph (a) no sum shall be transferred from one major head to any other major head of expenditure without the approval of the Chief Executive. (Amended 65 of 2000 s. 3)

Editorial Note:
* Commencement date: 20 January 1967.