| (Cap 364 section 6) [13 March 1981] (L.N. 66 of 1981) Cap 364A bylaw 1 Citation These by-laws may be cited as The Hong Kong Association of Banks By-laws. Cap 364A bylaw 2 Nomination of elected members of the Committee PART I THE COMMITTEE (1) Notice of an annual general meeting at which an election of elected members of the Committee is to take place (hereinafter in this Part called an "electoral general meeting") shall be sent by the Secretary to all members not less than 30 days prior to the date of the meeting and shall be accompanied by blank nomination forms. (2) A member who is a candidate for election to the Committee under section 8(1)(b)(i) of the Ordinance shall be nominated by 5 other members whose place of incorporation is Hong Kong. (27 of 1986 s. 137; 43 of 1990 s. 16) (3) A member who is a candidate for election to the Committee under section 8(1)(b)(ii) of the Ordinance shall be nominated by 5 other members whose place of incorporation is outside Hong Kong. (4) The nominations referred to in paragraphs (2) and (3) shall be- (a) in writing; (b) signed on behalf of the 5 nominating members; and (c) accompanied by a notice in writing signed on behalf of the candidate indicating willingness to serve on the Committee, if elected.(5) The nomination papers and notices referred to in paragraph (4) shall be lodged with the Secretary not less than 18 days prior to the electoral general meeting. (6) A candidate may, by notice in writing addressed to the Secretary, withdraw at any time before the election is held. (7) The Secretary shall, not less than 14 days prior to an electoral general meeting, send to each member a notice containing the names of the candidates nominated for election to the Committee under section 8(1)(b)(i) and 8(1)(b)(ii) of the Ordinance respectively and a list of the members eligible to vote in each category. Cap 364A bylaw 3 Term of office of elected members (1) The first annual general meeting of the Association shall be an electoral general meeting and thereafter every third subsequent annual general meeting shall be an electoral general meeting. (2) All elected members shall retire at the conclusion of the next electoral general meeting after the meeting at which they were elected but shall be eligible for re-election. Cap 364A bylaw 4 Procedure for election (1) If the number of members nominated under by-law 2 for election to the Committee at an electoral general meeting- (a) does not exceed the number of members to be elected from either category, then the candidates nominated from that category shall be deemed to have been duly elected with effect from the conclusion of that meeting; (b) exceeds the number of the members to be elected in either category, the election shall be determined by ballot of the members in the relevant category present at that meeting, and the member or members receiving the largest number of votes shall be elected; and in the event of equality in votes the selection of membership of the Committee shall be determined by the drawing of lots between the candidates whose votes are equal; (c) is less than the number of members to be elected in either category, a fresh election shall be held to fill any vacancy remaining unfilled at the conclusion of that meeting, which fresh election shall proceed as if it were an election held under by-law 5.(2) If a ballot is required under paragraph (1)(b), ballot papers shall be distributed to members present at the meeting in the respective categories provided under section 8(1)(b)(i) or 8(1)(b)(ii) of the Ordinance as the case may be, and such ballot papers shall list the names of the candidates in the category in alphabetical order and indicate the number of members to be elected in that category. (3) Upon a ballot under paragraph (1)(b) the members in each category present and voting at the meeting shall mark the names of the candidates nominated for whom they vote as elected members, and no member shall, when so voting, mark more or fewer names than there are members to be elected; and if any member shall do so its vote shall be disqualified. (4) Ballots in each category shall be counted separately, and scrutineers shall be appointed by the Chairman of the electoral general meeting to prepare as soon as practicable the result of the ballot showing the votes cast for each candidate; and the scrutineers shall give the result to the Chairman of that meeting who shall announce the names of the successful candidates without revealing the votes cast for each candidate. Cap 364A bylaw 5 Filling of casual vacancies on the Committee (1) If a casual vacancy occurs among the elected members of the Committee, that vacancy shall be filled by election in accordance with this by-law. (2) Upon the vacancy occurring, the Committee shall call a general meeting for the purpose of an election to fill that vacancy. (3) Notice of the general meeting called under paragraph (2) shall be sent by the Secretary to all members from the category under section 8(1)(b) of the Ordinance in respect of which the vacancy has occurred not less than 30 days prior to the date of the meeting and the notice shall- |
