Page:Independent Police Complaints Council Ordinance (Cap. 604).pdf/34

INDEPENDENT POLICE COMPLAINTS COUNCIL ORDINANCE—SCHEDULE 1 (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.

20. Disclosure of interest in reportable complaints and notifiable complaints

(1) If a member of a committee 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 committee, 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.

21. Disclosure of interest in matters other than reportable complaints and notifiable complaints

(1) If a member of a committee has an interest (whether directly or indirectly) in a matter (“the Matter”) being discussed or to be discussed at a meeting of the committee and the Matter is neither a reportable complaint (including related matter) nor a notifiable complaint (including related matter), then 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 Matter if so required by a majority of the other members present at the meeting; and
 * (c) except as otherwise determined by a majority of the other members present at the meeting—
 * (i) must not vote on a resolution concerning the Matter; and
 * (ii) 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, if so required by a majority of the other members present at the meeting, vacate the chair during the discussion of the Matter.