### Construction Industry Council Ordinance 《建造業議會條例》

8. Limitations on Council’s powers
(1) Except with the approval of the Chief Executive, the Council shall not sell or otherwise dispose of any land granted at nil premium by the Government.
(2) Except with the approval of the Financial Secretary, the Council shall not borrow or otherwise raise an amount which by itself exceeds 10% of the total estimated expenditure of the Council for the current financial year.
(3) Except with the approval of the Financial Secretary, the Council shall not borrow or otherwise raise an amount if the aggregate of that amount and the outstanding amounts previously borrowed or otherwise raised exceeds 10% of the total estimated expenditure of the Council for the current financial year.

9. Composition of Council
(1) The Council is to consist of—
(a) a chairperson appointed by the Secretary; (Amended 17 of 2012 s. 48)
(b) not more than 3 public officers appointed by the Secretary; and
(c) not more than 21 other members appointed by the Secretary.
(2) The Secretary may not appoint a public officer under subsection (1)(a) or (c).
(3) Of the members referred to in subsection (1)(c)—
(a) not more than 4 are to be persons who represent employers;
(b) not more than 4 are to be persons who represent professionals or consultants connected with the construction industry;
(c) not more than 5 are to be persons who represent contractors, subcontractors, materials suppliers or equipment suppliers in the construction industry;
(d) not more than 2 are to be persons who represent training institutes or academic or research institutions connected with the construction industry;
(e) not more than 3 are to be persons who are from trade unions representing workers employed in the construction industry that are registered under the Trade Unions Ordinance (Cap. 332); and
(f) not more than 3 are to be such other persons as the Secretary thinks fit to be members of the Council.
(4) The Secretary shall give notice in the Gazette of an appointment under subsection (1)(a), (b) or (c).
(5) When appointing a member referred to in subsection (3)(a), (b), (c) or (e), the Secretary shall have regard to any nomination made for the purposes of such appointment by any one or more of the specified bodies.
(6) In subsection (5), specified bodies (指明團體) means—
(a) in relation to subsection (3)(a), the bodies set out in Part 1 of Schedule 2;
(b) in relation to subsection (3)(b), the bodies set out in Part 2 of Schedule 2;
(c) in relation to subsection (3)(c), the bodies set out in Part 3 of Schedule 2; and
(d) in relation to subsection (3)(e), the bodies set out in Part 4 of Schedule 2.

### Construction Industry Council Ordinance 《建造業議會條例》

10. Term of office of appointed member and member who is public officer
(1) An appointed member holds office for a period not exceeding 3 years as determined by the Secretary.
(2) An appointed member is eligible for reappointment on the expiry of his term of office, but he may not serve as such a member continuously for more than 6 years.
(3) A member who is a public officer holds office at the discretion of the Secretary.

11. Resignation of appointed member
(1) An appointed member may resign at any time by giving notice in writing to the Secretary.
(2) A resignation takes effect on the date specified in the notice of resignation or, if a date is not specified, on the date the Secretary receives the notice.

12. Removal of appointed member
The Secretary may terminate the appointment of an appointed member if the member—
(a) has been absent from 3 consecutive meetings of the Council without the Council’s permission;
(b) becomes bankrupt or enters into a voluntary arrangement within the meaning of section 2 of the Bankruptcy Ordinance (Cap. 6) with his creditors;
(c) is incapacitated by physical or mental illness; or
(d) is for any other reason unable or unfit, in the opinion of the Secretary, to perform his functions as such member.

13. Executive Director of Council
(1) The Council shall appoint a person who is not a public officer to be the Executive Director of the Council.
(2) The Executive Director shall be responsible to the Council for the management, conduct and administration of the Council and shall perform his functions as the Executive Director subject to the Council’s directions.

14. Meetings and proceedings of Council
Schedule 3 has effect with respect to the Council.

15. Council may establish committees
(1) The Council may establish any committees as it considers appropriate for the better performance of its functions.
(2) The Council may determine the composition, functions and procedures of a committee established under subsection (1).

### Construction Industry Council Ordinance 《建造業議會條例》

16. Delegation of Council’s functions and appointment of subcommittee
(1) Subject to section 9 of the Construction Workers Registration Ordinance (Cap. 583), the Council may delegate any of its functions to—
(a) the chairperson of the Council;
(b) any other member of the Council;
(c) the Executive Director;
(d) a committee established under section 15;
(e) any employee of the Council;
(f) the Training Board;
(g) the Registration Board; or
(h) the Registrar. (Replaced 17 of 2012 s. 50)
(2) The Council may not delegate under subsection (1) any of the following powers or functions—
(a) the powers referred to in section 7(2)(a), (b) and (d); (Amended 17 of 2012 s. 50)
(b) the power to appoint an auditor;
(c) the power to establish a committee and determine its composition and functions;
(d) the power to delegate under subsection (1);
(e) the power to approve programmes of its proposed activities, estimates of its income and expenditure or other statements or reports required to be submitted to the Secretary under Part 3;
(f) the power to authorize the preparation of its accounts or other financial records;
(g) the functions of the Training Board or the Objections Board. (Amended 17 of 2012 s. 50)
(3) A delegation may be subject to such terms and conditions as the Council considers fit.
(4) A delegation does not prevent the concurrent performance by the Council of the functions delegated.
(5) The Council may amend or revoke a delegation.
(6) The Council may authorize a committee established under section 15 to appoint a subcommittee for the better performance of the committee’s functions.

17. Employment of staff
(1) The Council may employ such persons as it requires to perform its functions.
(2) The Council may determine all matters relating to the remuneration of its employees and other terms and conditions of their appointment or employment.