Page:Competition Ordinance (Cap. 619).pdf/113

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15. Voting at meetings of Commission

(1) Subject to subsection (2), each member who is present at a meeting of the Commission has one vote at the meeting.

(2) The member presiding at a meeting of the Commission has a deliberative vote and also has a casting vote if the number of votes for and against a motion is equal.

(3) Voting must not be carried out by secret ballot. The member presiding at a meeting of the Commission must ask each member to indicate how he or she has voted, and the result of the vote, showing which way each member has voted, must be recorded in the minutes.

(4) A decision supported by a majority of the votes cast at the meeting of the Commission at which a quorum is present is the decision of the Commission.

16. Minutes

The Commission must cause minutes of the proceedings, including a record of all decisions made, at each meeting of the Commission to be recorded and preserved.

17. Written resolutions

(1) A resolution is a valid resolution of the Commission, even if it is not passed at a meeting of the Commission, if—
 * (a) it is in writing;
 * (b) proper notice of it is given to all members; and
 * (c) it is signed, or assented to, by a majority of the members by letter, fax or other electronic transmission.

(2) Subject to subsection (3), the date of a resolution referred to in this section is the date on which the last of the members constituting a majority of the members signs or assents to the resolution.

(3) If any member requests, by notice in writing addressed to the Chairperson, that a resolution proposed to be made under subsection (1) be referred to a meeting of the Commission for consideration, the proposed resolution must be referred to a meeting of the Commission.

(4) A request under subsection (3) must be made within 14 days after the day on which the notice referred to in subsection (1)(b) is given.

18. Decisions not invalidated by defects in appointment etc.

Decisions of the Commission are not invalidated solely by—