Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/31

INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE—SCHEDULE 1 11. Determination of matters at Council meetings

(1) A matter for determination at a meeting of the Council must be decided by a majority of the votes of the members of the Council present and voting on that matter.

(2) If there is an equality of votes, the person presiding at the meeting has a casting vote in addition to his original vote.

(3) Subject to subsection (5), anything that may be done at a meeting of the Council may be done by circulation of papers to all members of the Council without a meeting.

(4) Subject to subsection (5), a written resolution that is approved by a majority of all members of the Council is as valid and effectual as if it had been passed at a meeting of the Council by the votes of the members so approving.

(5) If any member of the Council requests by notice in writing addressed to the Secretary-General that a matter referred to in the papers circulated under subsection (3) be determined at a meeting of the Council, the matter must be so determined.

(6) For the avoidance of doubt, a reference to circulation of papers in this section includes circulation of information by electronic means, and a reference to the papers in this section must be construed accordingly.

12. Disclosure of interest in reportable complaints and notifiable complaints

(1) If a member of the Council has an interest (whether directly or indirectly) in a reportable complaint or a notifiable complaint being discussed or to be discussed at a meeting of the Council, the member—
 * (a) must disclose the nature of his interest at or before the meeting;
 * (b) must withdraw from the meeting during the discussion of the complaint;
 * (c) must not vote on a resolution concerning the complaint; and
 * (d) must not be counted for the purpose of forming a quorum.

(2) If the disclosure is made by the member presiding at the meeting, the member must vacate the chair during the discussion of the complaint.

(3) When the member vacates his chair under subsection (2), the other members present at the meeting must appoint, by a majority, one of their number to preside at the meeting when the chair is so vacated.

(4) In this section, a reference to a reportable complaint or a notifiable complaint includes any matter that is related to the complaint.