### Hong Kong Council on Smoking and Health Ordinance 《香港吸煙與健康委員會條例》

6. Committees of Council
(1) The Council may appoint committees and may delegate to them the exercise and performance of any of its powers and functions except this power of delegation.
(2) Persons who are not members of the Council are eligible for appointment to committees.
(3) Subject to the terms of any delegation by the Council every committee—
(a) may exercise and perform the delegated powers and functions with the same effect as if it were the Council itself;
(b) shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary;
(c) may regulate its own procedure.

7. Proceedings of Council
(1) At a meeting of the Council 8 members shall form a quorum.
(2) At a meeting of the Council the Chairman shall preside or if he is absent the Vice-Chairman; if both the Chairman and the Vice-Chairman are absent the members present shall appoint one of their number to preside.
(3) All questions for determination at a meeting of the Council shall be decided by a majority of votes of the members present and voting thereon and where there is an equality of votes the member presiding shall have a casting vote in addition to his original vote.
(4) If a member of the Council, or of any committee of the Council, has a direct or indirect commercial interest in any matter under discussion at a meeting of the Council or of the committee, being an interest greater than that which he has as a member of the general public, the following provisions shall apply—
(a) he shall disclose the nature of his interest at the meeting;
(b) the disclosure shall be recorded in the minutes;
(c) where the disclosure is made by the member presiding, he shall vacate the chair during the discussion and the members present shall appoint one of their number to preside;
(d) the member, including one who has vacated the chair under paragraph (c), shall, if so required by the member presiding, withdraw from the meeting during the discussion and shall not in any case, except as otherwise determined by the member presiding, vote on any resolution concerning the matter or be counted for the purpose of establishing the existence of a quorum.
(5) Subject to this Ordinance, arrangements relating to meetings of the Council, and the procedure at and the conduct of its meetings, shall be such as the Council may determine.

8. Validity of proceedings
The validity of any proceedings of the Council shall not be affected by—
(a) any defect in the appointment of any member;
(b) the absence of any member from the meeting at which any such proceeding occurred; or
(c) any vacancy among members.

### Hong Kong Council on Smoking and Health Ordinance 《香港吸煙與健康委員會條例》

9. Transaction of business by circulation of papers
The Council may transact any of its business by circulation of papers amongst members whether any such member is in or outside Hong Kong, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the Council.

10. Staff of Council
The Council—
(a) shall appoint a person to hold the office of Executive Director;
(b) may appoint such other employees as it thinks fit; and
(c) may engage the services of technical and professional advisers as it thinks fit,
and may determine all matters relating to their remuneration and terms and conditions of appointment or engagement.

11. Staff benefits
(1) The Council may—
(a) provide allowances and benefits for its employees;
(b) make payments, whether ex gratia or legally due, to the personal representative of a deceased employee or to any person who was dependent on such employee at his death.
(2) The Council may establish, manage and control, or enter into an arrangement with any company or association for the establishment, management and control by such company or association either alone or jointly with the Council of, any fund or scheme for the purpose of providing for the allowances, benefits and payments referred to in subsection (1).
(3) The Council may make contributions to any fund or scheme referred to in subsection (2) and may require its employees to make contributions thereto.
(4) In this section employees (僱員) includes any class of employee which the Council may specify and in subsection (1) includes former employees.

12. Documents
(1) The Council may make and execute all such documents as may be expedient for or conducive to the attainment of its purposes or of any purpose reasonably incidental to or consequential upon those purposes.
(2) A document to be made by the Council shall be deemed to be duly executed if sealed with the seal of the Council in accordance with subsection (3).
(3) A document shall not be sealed with the seal of the Council unless the seal is affixed pursuant to a resolution of the Council and in the presence of 2 members of the Council, each of whom shall sign his name.
(4) Any document purporting to be a document executed under the seal of the Council authenticated in accordance with subsection (3) shall be received in evidence and shall, until the contrary is proved, be deemed to be a document so executed.
(5) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be in the form of a deed may be entered into or executed on behalf of the Council by any person generally or specially authorized by the Council for that purpose.

### Hong Kong Council on Smoking and Health Ordinance 《香港吸煙與健康委員會條例》

13. Resources of Council
(1) The Chief Executive may, out of money appropriated for the purpose by the Legislative Council, authorize payment to the Council of such amounts of money as he thinks fit. (Amended 60 of 2000 s. 3)
(2) The resources of the Council shall consist of—
(a) all money received by the Council under subsection (1);
(b) all other money and property, including donations, fees, rent, interest and accumulations of income received by the Council for its purposes.
(3) All money received by the Council shall be deposited with any bank approved by the Financial Secretary.

14. Borrowing powers
The Council may, with the prior approval of the Financial Secretary, borrow money and charge all or any part of its property as security therefor.

15. Use of surplus funds
All money of the Council that is not immediately required shall be invested on deposit in any bank approved by the Financial Secretary, either generally or in any particular case, for the purpose or in such other forms of investment as the Financial Secretary may approve.

16. Estimates
The Council shall in each financial year adopt estimates of income and expenditure for the ensuing financial year and, before a date to be appointed by the Secretary for Health, send them to the Chief Executive for his approval together with a programme of its proposed activities for the ensuing financial year.
(Amended 60 of 2000 s. 3; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022)