Constitution
Arrangement of Articles: Article I. Name
Article II. Objective
Article III. Membership
Article IV. Structure of the Society
Article V. Duties of Officers
Article VI. Meetings
Article VII. Elections
Article VIII. Financial Arrangements
Article IX. Amendments
Appendix A: Patrons
Appendix B: Affiliated Organisations
Article I. Name
The name of this organization shall be �� Access Hong Kong �� , or abbreviated to �� Access HK ��, and shall hereafter be referred to as the "Society."
Article II. Objective
As a non-profit organisation, this Society provides underprivileged children in Hong Kong with access to educational resources which are otherwise unavailable to them.
Article III. Membership
Section 1: Ordinary Members
Membership to this Society is free and open to all individuals so long as they abide by the guidelines of this constitution and shall actively promote the objectives of this Society. For administrative purposes, applications for membership shall be submitted in writing upon forms produced by the Society for such purposes. Upon a majority favourable vote by the Executive Committee, the applicant's admission to membership in the society shall become immediately effective, and shall be reviewed on a yearly basis.
Section 2: Volunteers
All members shall be eligible to participate as volunteers in any of the programs organised by the Society. Applications should be submitted in writing to the Executive Committee. Volunteers shall abide by the internal guidelines of the Society.
Section 3: Office-Bearers
All members shall be eligible to participate in running any of the programs initiated by the Society, or in nominating themselves for election of any post within the Executive Committee or Sub-Committees established to further the Society's objectives.
Section 4: Terms of Office
All officers shall be appointed by Council for a one-year term or serve until their successors have been elected and qualified.
Section 5: Resignation of Officers
Any office-bearer may resign his post by written submission to the Council. The Council must notify all members of the vacancy within 14 calendar days and appoint a replacement within 35 calendar days of that vacancy.
Section 6: Impeachment of Officers
Any office-bearer may be impeached for conduct unbefitting an office-bearer. An impeached office-bearer remains an ordinary member. Any ordinary member may move for the impeachment of any office-bearer provided that he/she is seconded by at least three other ordinary members. A written motion to impeach must be submitted to each member of the Council and will be decided by a majority vote in the next committee meeting. The written motion shall contain the names and signatures of the proposer and the seconders, and the details of the conduct alleged.
Article IV. Structure of the Society
Section 1: Council
The Council shall mean the board entrusted with the overall management of the Society and which is its governing body. The Council shall consist of at least 2 members, one of whom must have previously served as an Executive (or Central) Committee member of the Society.
Section 2: Executive Committee
The Executive Committee shall mean the body entrusted with the day-to-day running of Society. The officers of the Society shall be appointed by the Council and shall form the Executive Committee of the Society.
Section 3: Sub-Committees and Other Officers
The Council may further appoint such additional positions as in the Council members' judgment the interests of the Society may require and may prescribe the duties of such positions.
Article V. Duties of Officers
Section 1: Council Members
The council members shall be responsible for the direction and the overall management of the Society. They may delegate the day-to-day management of the Society to the Executive Committee, Subcommittees and any other officers of the Society, but they shall supervise and provide guidance to Executive Committee, Subcommittees and any other officers of the Society.
Section 2: Executive Director
The executive director shall be in charge of the daily management of the Society, within the policy framework and budget approved by the Council. The executive director shall be responsible for ensuring that the Council's decisions are implemented, that proper books of account and records are kept and further for all such guidelines and duties as the Council shall decide.
Section 3: Treasurer
The treasurer shall supervise all receipts and expenditures of the Society and shall be the ex officio member of any Sub-Committees by being in charge of handling all financial arrangements for the meetings. If any expenses are incurred, the treasurer shall collect and disburse them subject to the approval of the Council.
Section 4: Secretary
a. The secretary shall be responsible for compiling and constantly updating a list of all the names and addresses of the Society's members. The secretary shall not release the membership list for political or commercial purposes, and must adhere to the guidelines on using personal data as governed by the Personal Data (Privacy) Ordinance.
b. The secretary shall send out all notices of meetings and shall send reports of any relevant meetings and activities of the Society to its affiliated organisations.
c. The secretary shall be responsible for keeping internal records of the meetings of the Executive Committee and any Subcommittees and any other activities of the Society.
d. The secretary shall be responsible for active publicity outside of the Society, promoting the Society's image and maintaining a good working relationship with patrons, external organisations, the media and the public.
Article VI. Meetings
Section 1: Council Meetings
a. The Council shall hold a meeting at least once every calendar month at such time and place as the Council shall decide.
b. If a Council Member has been duly informed of a meeting but fails to attend three consecutive meetings, he may be referred to the Council for disciplinary action.
Section 2: Executive Committee Meetings
The Executive Committee shall hold a meeting at least once every calendar month at such time and place as the Executive Committee shall decide but must comply with any requirements set by the Council from time to time.
If an Executive Committee member has been duly informed of a meeting but fails to attend three consecutive meetings, the Executive Director (or the Secretary if the member concerned is the Executive Director) may refer him/her to the Council for disciplinary action.
Section 3: Recruitment Meetings
At least one council meeting must be held each year to discuss the need to recruit new members into the Council, Executive Committee and any Sub-Committees.
Section 4: Other Meetings
There shall be such other meetings each year as the Council deems desirable. It shall be the function of the Council to organise the meetings of the Society, and to ensure that adequate notification by e-mail, phone or any appropriate communication method is given to all members during the promotion of the various programs that shall be initiated by the Society.
Article VII. Elections
Section 1: Council
After the establishment of the first Council, Council Members shall be appointed by the existing Council Members.
Council Members shall be appointed for a renewable term of 5 years unless otherwise approved by the Council. All Council Members shall hold office until their successors have been elected and qualified.
Section 2: Executive Committee
Members of the Executive Committee shall be appointed by the Council after an open recruitment process during which all members are notified of the openings.
All committee members shall hold office until their successors have been elected and qualified.
Article VIII. Financial Arrangements
Section 1: Remuneration, Interests
a. No members except qualified lawyers, accountants or other persons engaged in a profession when instructed by the other members of the Council, shall be remunerated or appointed to any remunerated positions of the Society. The remunerated members shall be absent from the meeting concerning his employment, conditions of service and remunerations and must not vote thereon. The professional charges should be determined by reference to the usual rate generally charged by that profession.
b. The Summer Programme shall never charge students for its service by way of remuneration. Any monies received by way of gratuity or as reimbursement for travel or other expenses shall be received first by the Society before transfer to the appropriate member(s) of the Summer Programme.
Section 2: Receipts and Expenditure
a. The funds of the Society, including all donations contributions and bequests, shall be paid into an account operated by the Council in the name of Access HK at such bank as the Council shall from time to time decide. All cheques drawn on the account must be stamped with the Society Chop and be signed by at least two Council Members of the Society. The Treasurer must be notified before any cheque is drawn.
b. The funds belonging to the Society shall be applied only in furthering its objectives.
Section 3: Accounts
The Treasurer shall:
keep proper accounting records;
prepare annual statement of account for the Society; and
find qualified personnel to audit the statement of account of the Society.
Section 4: Dissolution
If the majority of the Council decides that it is necessary or advisable to dissolve the Society, the Council shall have power to realise any assets held by or on behalf of the Society. Any assets remaining after the satisfaction of any proper debts and liabilities shall not be distributed among members but be given or transferred to such other charitable institution or institutions having objectives similar to those of the Society. Such charitable institution or institutions shall be prohibited from distributing its or their income in the same way as imposed on the Society under or by virtue of Article VIII.
Article VIX. Amendments
This constitution may be amended by a majority vote of all members present at any duly called meeting of the Council of the Society. All amendments shall be made once duly approved by all members of the Council, and shall be effective immediately.
Appendix A: Patrons
A Patron shall advise and provide support in his own capacity for Access HK to further its objectives.
Any member is eligible to nominate a person to be a patron of the Society. He shall submit his nomination in writing to the Council, who shall review the suitability of this candidate against such criteria as his recognition of the Society's objectives and his capacity to give support and advice to the Society. Monetary contributions to the Society are welcomed but not compulsory. Upon a majority favourable vote by the Council, a written invitation shall be sent to the nominated person. Upon acceptance of this invitation, the person shall immediately become a patron of the Society. If either party wishes to terminate the arrangement, written notification must be sent to the other party at least 2 weeks in advance.
Appendix B: Affiliated Organisations
An affiliated organisation shall assist Access HK to further its objectives subject to an agreement signed by both parties.
Any member is eligible to nominate an organisation to be an affiliated organisation of the Society. He shall submit his nomination in writing to the Council, who shall review the suitability of this candidate against such criteria as the match between the Society's aims and those of the organisation, and the potential benefits brought about by the partnership. Upon a majority favourable vote by the Council, a written invitation shall be sent to the nominated organisation. Upon acceptance of this invitation, the organisation shall immediately become an affiliated organisation of the Society. If either party wishes to terminate the arrangement, written notification must be sent to the other party at least 2 weeks in advance.
13 August 2004
Philip Fan, Co-President Quincy Tse. Co-President |