3.1 Its objectives are :
a) To serve as the central body for members concerned with and interested in the advancement of surveying knowledge, education, practice and profession.
b) To encourage and organise educational, social, cultural, sporting and civic activities among members.
c) To provide a recognised means of communication and to establish rapport between the Association, REC, and The University of Hong Kong (“HKU”).
d) To promote interaction between the Association, the real estate and construction communities and any relevant external body.
e) To publish papers, journals, newsletters and other materials to achieve the above objects.
f) To acquire by purchase, lease or otherwise land, buildings or tenements and any movable or immovable properties for any of the objects of the Association.
g) To sell, manage, lease, mortgage, dispose of or otherwise deal with all or any part of the property of the Association.
h) To borrow and raise and to invest any monies of the Association not immediately required for any of its objects in such manner as the Association may from time to time think fit.
3.2 In furtherance of the above objects, the Association may organise activities and functions that will enhance its reputation and standing in the surveying, real estate and construction community.
ARTICLE 4 – MEMBERSHIP QUALIFICATION AND RIGHTS
4.1 There shall be only five (5) categories of members :
(a) Life Membership
Life Membership is open to all persons who have been conferred by HKU with degrees or post-graduate diplomas conducted by REC, or formerly the Department of Surveying, or the Department of Building, or the Building stream in the School of Architecture and duly recognised by HKU.
(b) Student Membership
All persons who are undergoing the programs leading to degrees or post-graduate diplomas prescribed in 4.1 (a) shall be eligible for student membership.
(c) Affiliate Membership
(i) All other persons who are surveying graduates from other universities and/or have been conferred other equivalent surveying qualifications acceptable to the Board can be admitted as Affiliate Members.
(ii) The admittance of Affiliate Members into the Association shall be at the discretion of the Board, but the number of Affiliate Members should not exceed the total number of Life Members at any time.
(d) Corporate Membership
The Board shall be empowered to offer Corporate Membership to any firm or organisation which has distinguished itself in the field of surveying, real estate or construction (“the Field”) or which has contributed distinguished services to the Field and which is interested in supporting and participating in the activities of the Association
(e) Honorary Membership
(i) The Board shall be empowered to recommend Honorary Membership to be conferred on any person who has distinguished himself in the Field or who has contributed distinguished services to the Field.
(ii) Nomination for Honorary Membership shall be made by not less than 2 members of the Board. Any decision on recommendation of Honorary Membership shall be taken at a meeting of the Board called for the purpose and such recommendation shall be made only with the approval of not less than two-thirds of the Board. The conferment will have to be confirmed by a resolution duly passed at a General Meeting.
(iii) The number of Honorary Membership should not exceed 20 or five percentum of the total membership(whichever is lower) at any time.
(iv) A person conferred with Honorary Membership shall not be required to pay an entrance fee and annual subscription.
4.2 Only life members who are above 18 years of age shall have the right to vote, nominate or second a candidate and hold office in the Association.
All student, honorary, affiliate and corporate members shall have such rights and privileges as may be decided at General Meetings of the Association. In no circumstances will they have voting rights of Life members as stipulated in Article 4.2.
4.3 Member Groupings
Members can form Groupings which shall cater to their individual needs so long as the Member Groupings are sanctioned by the Board and are in complete compliance with this constitution. Each Member Grouping shall draw up bye-laws which will be approved by the Board and shall be governed by a Member Grouping committee which will be duly elected by all eligible members of the Member Grouping. The Member Grouping shall be accountable to the Board for their activities and the financial management of any funds allocated to them by the Association. The chairperson of each Member Grouping, or a designated alternate representative, shall be a Member Grouping Representative in the Board.
ARTICLE 5 – APPLICATION FOR MEMBERSHIP
5.1 A person wishing to join the Association should submit his particulars to the Secretary on a prescribed form.
5.2 The Board will decide on the application for membership.
5.3 A copy of the constitution shall be furnished to every approved member.
ARTICLE 7 – SUPREME AUTHORITY AND GENERAL MEETINGS
7.1 The supreme authority of the Association is vested in a General Meeting presided over by the President.
7.2 The Annual General Meetings of the Association shall be held by May each year, at a place upon a date and time to be fixed by the Board.
7.3 At other times, an Extraordinary General Meeting must be called by the President on the request in writing of not less than 25% of the total voting members or 30 voting members, whichever is the lesser, and may be called at anytime by order of the Board. The notice in writing shall be given to the Secretary setting forth the business that is to be transacted. The Extraordinary General Meeting shall be convened within two months from receiving this request to convene the Extraordinary General Meeting.
7.4 If the Board does not within two months after the date of the receipt of the written request proceed to convene an Extraordinary General Meeting, the members who requested for the Extraordinary General Meeting shall convene the Extraordinary General Meeting by giving ten days notice to voting members setting forth the business to be transacted and simultaneously posting the agenda on the Association’s notice board.
7.5 At least three weeks’ notice shall be given of an Annual General Meeting and at least two weeks’ notice of an Extraordinary General Meeting. Notice of meeting stating the date, time and place of meeting shall be sent by the Secretary to all voting members. The particulars of the agenda shall be posted on the Association notice board four days in advance of the meeting.
7.6 Unless otherwise stated in this constitution, voting by proxy is allowed at all General Meetings except under Article 14.
a) The instrument appointing a proxy shall be in writing in a form prescribed by the Board or as near thereof as possible. A member shall only appoint as his proxy a member who is entitled to exercise a vote at a meeting of the Association.
b) The proxy shall be valid for use at one meeting only or for any adjournment of that Meeting.
c) The Board shall be entitled to issue an appeal for proxies in favour of the President or his nominee.
d) The instrument in proper form appointing a proxy must be deposited with the Secretary of the Association not less than forty-eight hours before the meeting at which it is intended to be used.
7.7 The following points will be considered at the annual General Meeting:
a) The previous financial year’s accounts and the annual report of the Board.
b) Where applicable, the election of office bearers and Honorary Auditors for the following term.
7.8 Any member who wishes to place an item on the agenda of a General Meeting may do so provided he gives notice to the Secretary one week before the meeting is due to be held.
7.9 At least 25% of the total voting membership or 30 voting members, whichever is the lesser, present at a General Meeting shall form a quorum. Proxies shall not constitute any part of the quorum.
7.10 In the event of there being no quorum at the commencement of a General Meeting, the meeting shall be adjourned for half an hour and should the number then present be insufficient to form a quorum, those present shall be deemed to be a quorum, save and except that they shall have no power to amend any of the existing constitution.
7.11 Unless otherwise provided, a motion or resolution at any General Meeting shall be carried out by a simple majority of those Life members present and voting.
ARTICLE 8 – MANAGEMENT AND BOARD OF DIRECTORS
8.1 The administration of the Association shall be entrusted to a Board of Directors (“the Board”) consisting of the following to be elected at each Annual General Meeting:
a) President,
b) Vice-President,
c) Secretary,
d) Treasurer,
e) Five Directors
8.2 All office bearers, except the Treasurer and assistant Treasurer may be re-elected to the same or related post for a consecutive term of office. The term of the office of the Board is two year.
a) A notice calling for nomination for election of office bearers to the Board shall be sent by the Secretary to all voting members not less than 14 days before the Annual General Meeting.
b) All such nominations in a form prescribed by the Board must be returned to the Secretary not later than 3 days before the Annual General Meeting.
c) Each nomination form shall be signed by the proposer and seconder and shall contain the written consent of the candidate for election as a member of the Board.
d) Should the number of nominations received 3 days before the Annual General Meeting be insufficient to fill any of the posts in the Board, those already so nominated shall be deemed to have been elected to their respective posts in the Board.
e) Nominations may then be made from amongst and by those Life members present at the Annual General Meeting, and those so nominated may be elected to fill the remaining vacancies in the manner prescribed in Article 8 Clause 8.3.
8.3 Election will be either by show of hands or, subject to the agreement of the members present, by a secret ballot. In the event of a tie, the Chairman of the meeting shall have a casting vote.
The election procedure shall be as follows :
a) The Board shall appoint two members to act as scrutineers; the persons appointed shall not be office bearers or members of the Board nor shall they be candidates for election at the meeting.
b) Scrutineers shall examine the nominations and where there is only one nomination to an office or only sufficient nominations in respect of the vacancies for the Board under Article 8.1, shall advise the person presiding at the meeting who shall forthwith declare the persons so nominated to be elected.
c) Where there is more than one nomination for an office or more than a sufficient number of nominations for members of the Board under Article 8.1, the scrutineers shall issue ballot papers to those present and entitled to vote, and after the papers have been marked, shall collect them and shall report the number of votes cast for each person nominated to the person presiding at the meeting who shall announce the result of the ballot.
d) In the event of an equality of votes the election shall be determined by a second or subsequent ballot.
8.4 A Board meeting shall be held at least once every three months after giving seven days’ notice to Board members. The President may call a Board Meeting at any time by giving seven days’ notice. At least half of the elected Board Members must be present for its proceedings to be valid.
8.5 Any member of the Board absenting himself from three meetings consecutively without satisfactory explanations shall be deemed to have withdrawn from the Board and a successor may be co-opted by the Board to serve until the next Annual general Meeting. Any changes in the Board shall be notified to the Societies Office within two weeks of the change.
8.6 The duty of the Board is to organise and supervise the daily activities of the Association. The Board may not act contrary to the expressed wishes of the General meeting without prior reference to it and always remain subordinate to the General Meeting.
8.7 The Board has power to authorise the expenditure of a sum not exceeding $10,000 per month from the Association’s general funds and reserves for the Association’s purposes.
8.8 The Board shall have the following powers :
a)
i) to appoint standing or special committees for the proper administration of the Association and to exercise control over such committees;
ii) to delegate to such committees such powers as it considers necessary;
iii) to appoint the five non-designated Directors to head these committees and to designate them accordingly.
b)
i) to approve the application of any new members of the Association;
ii) to accept the resignation of any member of the Association;
iii) to accept the resignation of any member of the Board or any other office bearer of the Association and to fill, by appointment from among the Life members, the vacancy thus arising;
iv) to co-opt members to assist the Board in its administration.
c) to take disciplinary action against members who violate the Constitution of the Association;
d) to authorise publications or release official statements on behalf of the Association, such publications and statements to be consistent with the objects of the Association. No official statement may be made except by the President or Secretary and only with the approval of the Board;
e) to give a decision upon any matter consistent with the objects of the Association but not provided for in this Constitution;
f) to convene meetings of the Association;
g) to appoint the following persons as non-voting ex-officio members to the Board
(i) The Immediate Past president (IPP),
(ii) A nominee, who shall be an academic member of staff of REC, by the Head of REC
h) The Board shall be empowered to recommend prominent personalities of the surveying, real estate and construction communities or academia to be patrons of the Association.
Nomination for Patrons shall be made by not less than 2 members of the Board. Any decision on recommendation of Patron(s) shall be taken at a meeting of the Board called for the purpose and such recommendation shall be made only with the approval of not less than two-thirds of the Board. The appointment shall have to be confirmed by a resolution duly passed at a General Meeting.
The main role of the Patron(s) shall be to advise, support and assist the Association in the objects of the Association as defined in Article 3
ARTICLE 9 – DUTIES AND POWERS OF MEMBERS OF THE BOARD
9.1 The President shall :
a) chair and preside over all General and Board Meetings;
b) represent the Association in its dealings with outside persons and entities;
c) have the right to call meetings of the Board; and
d) have the casting vote at Board Meetings.
9.2 The Vice-President shall
a) assist and the President and deputise for him in his absence.
9.3 The Secretary shall :
a) keep all records, except financial, of the Association and shall be responsible for their correctness;
b) keep minutes of meetings of the Association and of the Board;
c) maintain an up-to-date Register of Members and Registry of Member Groupings;
d) be responsible for convening all meetings of the Association and of the Board;
e) conduct the correspondence of the Association including submissions to fulfil legal formalities;
f) submit at Board meetings any matter for discussion received from members of the Association;
g) submit the records of the Association for inspection by any member of the Association who shall have given one week’s notice of intention to inspect the records;
h) prepare the annual report of the Association for presentation to members;
i) be responsible for the dissemination of news and circulars and to communicate and update members of Association’s activities and plans; and
j) supervise the Secretariat of the Association.
9.4 The Treasurer shall :
a) keep all funds and collect and disburse all monies on behalf of the Association;
b) keep an account of all monetary transactions in a proper manner and shall be responsible for their correctness;
c) be authorised to expend up to $2,000 for petty expenses on behalf of the Association;
d) not keep more than $2,000 in the form of cash and money in excess of this will be deposited in a bank to be named by the Board;
e) sign all cheques issued in conjunction with the President or the Vice-President or the Secretary, on behalf of the Association;
f) make financial reports at regular intervals prescribed by the Board;
g) be responsible for the timely submission of the annual returns to the Director of Inland Revenue, pay the necessary taxes that are due and all other matters related to taxation;
h) organise invoices to members for membership fees which are due and timely reminders to members for overdues and be responsible for accounts receivable from members; and
i) Assist in fund-raising activities.
9.5 The other Directors shall assume specific portfolios and responsibilities as designated by the Board.
9.6 The IPP shall provide the Board with continuity from the previous Board and follow through on issues and activities that are of significance to the Association.
9.7 The Head of REC shall:
a) represent REC in the Association;
b) provide the link between REC and the Association;
c) present the Association’s views and deliberations to REC.
9.8 The Member Grouping Chairperson is a member :
a) duly elected by all eligible members of the Member Grouping and duly appointed by the Member Grouping to be their representative on the Board;
b) who shall be the Board’s liaison to the Member Grouping;
c) report to the Board the activities and financial management of the Member Grouping;
d) who shall ensure that the Member Grouping is in full compliance with the Association’s Constitution;
ARTICLE 10 – AUDIT AND FINANCIAL YEAR
10.1 Two voting members, not being members of the Board, shall be elected as Honorary Auditors at each Annual General Meeting and shall hold office for a term of one year only and shall not be re-elected for a consecutive term.
10.2 They :
a) will be required to audit each year’s accounts and present a report upon them to the Annual general Meeting
b) may be required by the President to audit the Association’s accounts for any period within their tenure of office at any date and make a report to the Board
10.3 The Financial Year of the Association shall be from 1st March to end of February.
11.1 If the Association at any time acquires any immovable property, such property shall be vested in trustees subject to a declaration of trust.
11.2 The trustees of the Association shall:
a) not be more than four and not be less than two in number;
b) be elected by a General Meeting of members;
c) not effect any sale or mortgage of property without the prior approval of the General Meeting of members.
11.3 The office of the trustee shall be vacated:
a) If the trustee dies or becomes a lunatic or of unsound mind.
b) If he is absent from Hong Kong for a period of more than one year.
c) If he is guilty of misconduct of such a kind as a render it undesirable that he continues as a trustee.
d) If he submits notice of resignation from his trusteeship.
11.4 Notice of any proposal to remove a trustee from his trusteeship or to appoint a new trustee to fill a vacancy must be given by posting it on the notice board in the Association’s premises at least two weeks before the General Meeting at which the proposal is to be discussed. The result of such General Meeting shall then be notified to the Societies Office.
11.5 The address of each immovable properties, name of each trustee and any subsequent change must be notified to the Societies Office.
ARTICLE 12 – VISITORS AND GUESTS
13.1 Gambling of any kind is forbidden on the Association’s premises. The introduction of materials for gambling or drug taking and of bad characters into the Association’s premises is prohibited.
13.2 The funds of the Association shall not be used to pay fines of members who have been convicted in court of law.
13.3 The Association shall not engage in any trade union activity as defined in any law relating to trade unions for the time being in force in Hong Kong.
13.4 The Association shall not indulge in any political activity or allow its funds and/or premises to be used for political purposes.
13.5 The Association shall not hold any lottery, whether confined to its members or not, in the name of the Association or its office-bearers, the Board or members unless with the prior approval of the relevant authorities.
ARTICLE 14 – AMENDMENTS TO CONSTITUTION
ARTICLE 16 – DISCIPLINARY PROCEDURES AND DISPUTES
16.1 Disciplinary Procedures
(a) The Board may suspend a member or Member Grouping for such period as it shall determine or may expel a member or a Member Grouping, if the member or Member Grouping :
(i) is convicted of a criminal offence which in the opinion of the Board is of a serious nature;
(ii) has conducted himself or itself, whether on the Association’s premises or elsewhere, by word or act, in a manner which in the opinion of the Board is prejudicial to the interests of the Association and/or injurious to the Association’s reputation;
provided that such member or Member Grouping has been given an opportunity to present his or its case in person before the Board, and provided further that such member or Member Grouping may, within thirty days from the date of the Board’s decision or such extended period as may be approved by the Board, lodge a Notice of Appeal to the Committee of Appeal against this decision for its consideration, this considered decision of the Committee of Appeal shall be final.
(b) The Committee of Appeal shall consist of three (3) persons :
(i) the Head of REC, HKU;
(ii) a past President of the Association;
(iii) the current President of the Association.
In the event that any of the members specified above are unable to fill the above positions, the Board shall have the right to appoint suitable replacements for the purpose.
(c) The Board shall through the Secretary, notify in writing such member or Member Grouping its decision and/or decisions to suspend or expel the member or Member Grouping from membership of the Association.
(d) The name of any person who has been expelled from membership shall be removed from the Register of Members. The name of any Member Grouping which has been so expelled shall be removed from the Register of Member Grouping.
(e) A member or Member Grouping whose name has been removed from the Register of Members and Register of Member Grouping, may apply, after a period of two years, to the Board for reinstatement, and such member or Member Grouping may be reinstated conditionally or unconditionally as the Board at its discretion deems fit. The Board shall not be bound to reinstate the said member or Member Grouping or assign any reason thereof.
(f) Members and Member Groupings shall abide by the Constitution and not act in any way inconsistent with its objects
16.2 Disputes
In the event of any dispute, other than that prescribed in Article 16.1, arising amongst members, they shall attempt to resolve the matter at an Extraordinary General Meeting in accordance with this Constitution. Should the members fail to resolve the matter, they may bring the matter to a court of law for resolution.
17.1 The Association shall not be dissolved except with the consent of not less than 3/5 of the total voting membership of the Association for the time being expressed, either in person or by proxy, at a General Meeting convened for the purpose.17.2 In the event of the Association being dissolved as provided above, all debts and liabilities legally incurred on behalf of the Association shall be fully discharged, and the remaining funds will be disposed of in such manner as the General Meeting of members may determine or donated to an approved charity or charities in Hong Kong.
17.3 If the Association has subsequently dissolved itself, the persons who were the office-bearers of the Association before such dissolution shall, not later than the expiration of 1 month after the dissolution takes effect, notify the Societies Officer of such dissolution in writing signed by one or more of the persons who were the office-bearers of the Association immediately before the dissolution.
1st July, 2001
