Page:Competition Ordinance (Cap. 619).pdf/109

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COMPETITION ORDINANCE—SCHEDULE 5
Ord. No. 14 of 2012
A1539

3. Terms of appointment

(1) A member is entitled to such terms (including remuneration and allowances) as the Chief Executive may determine.

(2) The remuneration and allowances of a member are to be paid out of the funds of the Commission.

4. Resignation of member

(1) A member may, at any time, resign from office by giving written notice of resignation to the Chief Executive.

(2) A notice of resignation is not effective unless it is signed by the member concerned.

(3) A notice of resignation takes effect—

(a) on the date on which the notice is received by the Chief Executive; or
(b) if a later date is specified in the notice, on that later date.

5. Removal from office

(1) The Chief Executive may remove a member from office if the member—

(a) fails to attend 3 consecutive meetings of the Commission without (in the opinion of the Chief Executive) sufficient cause;
(b) fails to comply with a conflict of interest disclosure obligation set out in any rules made by the Commission under section 34 of this Schedule;
(c) becomes bankrupt or is for the time being bound by a voluntary arrangement with his or her creditors;
(d) is, under the Mental Health Ordinance (Cap. 136), found by the Court of First Instance (or any judge of the Court of First Instance) to be incapable, by reason of mental incapacity, of managing and administering his or her property and affairs;
(e) has been found by the Tribunal or another court to have contravened a competition rule;
(f) is an officer of an undertaking that has been found by the Tribunal or another court to have contravened a competition rule;
(g) has made a commitment with the Commission under this Ordinance, or is an officer of an undertaking that has made such a commitment;
(h) becomes a member of the Tribunal or a judge of another court;