Page:Buildings Energy Efficiency Ordinance (Cap. 610).pdf/29

BUILDINGS ENERGY EFFICIENCY ORDINANCE :(c) is incapacitated by physical or mental illness;
 * (d) has ceased to be of the capacity by virtue of which he or she was appointed; or
 * (e) is otherwise unable or unfit to perform the functions of a member.

(8) The Secretary must give notice in the Gazette of any termination of office under this section.

35. Appeal board

(1) Within 21 days after receiving a notice of appeal delivered under section 33, the Secretary must appoint from among the members of the appeal board panel a Buildings Energy Efficiency Appeal Board to hear the appeal.

(2) An appeal board is to consist of 5 members appointed from all 5 categories of members specified in section 34(1).

(3) Subject to section 36(5), if a vacancy occurs in an appeal board, the Secretary must, as soon as reasonably practicable, make an appointment from among the members of the appeal board panel to fill the vacancy.

(4) The members of an appeal board must elect a Chairperson from among themselves to preside at the hearing of the appeal.

(5) The members of an appeal board may be paid out of the general revenue any remuneration that the Financial Secretary determines.

36. Proceedings of appeal board

(1) The quorum for a meeting of an appeal board is 3 members.

(2) Any question before an appeal board must be determined by a majority of the members.

(3) If there is an equality of votes in respect of any question to be determined in an appeal, the Chairperson of an appeal board has a casting vote in addition to his or her original vote.

(4) An appeal board may perform any of its functions, and its proceedings are valid, despite—
 * (a) subject to subsection (5), a vacancy in the board; or
 * (b) a defect in the appointment or qualification of a person purporting to be a member of the board.

(5) If—
 * (a) any vacancy occurs in the office of an original member of the appeal board; and
 * (b) as a result fewer than 3 original members of the board remain in office,