Constitution

Academic Staff Association of The Education University of Hong Kong

 

Constitution

 

 

 

Rule 1

 

 

 

TITLE AND OFFICE

 

 

Name

The name of the association shall be the Academic Staff Association of The Education University of Hong Kong   (香港教育大學教學人員協會).

 

 

Address

The registered office/postal address of the Association shall be at: The Education University of Hong Kon,10 Lo Ping Road, Tai Po, New Territories, Hong Kong or such other place as may be decided by the Executive committee.

 

 

 

Rule 2

 

 

 

OBJECTS

 

 

Objects

The objects of the Association shall be as follows :-

 

 

 

  1.  

To work with the community generally in the promotion of quality education and teacher education in Hong Kong.

 

  1.  

To provide for the association of all academic and teaching staff at The Education University of Hong Kong not appointed as members or temporary members of the Senior Management. (See Rule 3, 1(a) and Rule 19 below.)

 

  1.  

To obtain and maintain just and proper salary scales, hours of work and other conditions of service, and generally to protect and improve the interests of members.

 

  1.  

To regulate the relations and to settle disputes between members and The Education University of Hong Kong, between one member and another and between members and non-members, by amicable agreements whenever possible.

 

  1.  

To promote a spirit of mutual respect and understanding between The Education University of Hong Kong and the Association and to secure the establishment of recognized and permanent machinery of negotiation with the employer.

 

  1.  

To provide, for members and in certain circumstances their families, such benefits and legal assistance as may be decided by the Association.

 

  1.  

To further, financial or otherwise, of the work or purpose of any lawful association or federal body promoting the interests of educational workers.

 

  1.  

To establish, carry on or participate in, financial or otherwise, the business of the printing or publishing of a general newspaper or of journals, books, pamphlets, or publications, in the interests of and with the main purpose of furthering the interests of the Association.

 

  1.  

To promote legislation in the interests of its members.

 

  1.  

To seek affiliation to a larger trade union or federation which is one of the main staff associations recognized by Hong Kong Government for purposes of staff consultation and negotiation.

 

  1.  

To promote effective implementation of international labour conventions in Hong Kong.

 

  1.  

To safeguard academic freedom.

 

 

 

 

Rule 3

 

 

 

MEMBERSHIP

 

 

 

  1.  

(a)

The membership of the Association is open to all academic and teaching staff, but excluding those appointed as Senior Management. In the event that a member is promoted to a position or temporary position within the Senior Management, that member’s membership of the Association will be suspended for the duration of that appointment.

 

 

(b)

Members resigning from The Education University of Hong Kong shall cease to be members.

 

 

 

 

 

 

 

 

 

 

 

 

  1.  

The annual subscription of members for the membership period from 1st Sept to 31 Aug in the following year shall be $60.  The Annual or Extraordinary General Meeting of the Association shall have power to alter the annual subscription.

 

 

 

Levies

  1.  

The Executive Committee may, whenever necessary, impose a levy upon all members, and has the power to alter such levies.

 

 

 

Arrears

  1.  

Members who are more than three months in arrears of annual subscriptions or levies shall not be entitled to benefits nor permitted to vote.  Members who are more than five months in arrears with annual subscriptions or levies shall cease to be members.

Members breaking Rules

  1.  

All members must abide by the Rules of the Association.  Any member breaking the rules of the Association may be suspended or expelled by the Executive Committee.  Any member suspended or expelled shall have the right to appeal to the Annual or Extraordinary General Meeting, whose decision shall be final.

 

 

 

 

Rule 4

 

 

 

CONSTITUTION AND GOVERNMENT

 

 

Annual General Meeting

The supreme authority of the Association shall be vested in the Annual General Meeting and, subject to that authority, the Association shall be governed by the Executive Committee.

 

 

 

Rule 5

 

 

 

ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL MEETING

 

 

 

  1.  

The Annual General Meeting shall be held in the month of September or October.

 

 

 

 

 

Attendance at the Annual General Meeting and EGM

  1.  

(a)

All voting and non-voting members are entitled to attend the Annual General Meeting or the Extraordinary General Meeting provided they are not more than five months in arrears with either their annual subscription or levies.

 

 

(b)

Only members qualified by the Rules of the Association shall be entitled to vote at the Annual or Extraordinary General Meeting.

 

 

 

Calling of Extraordinary General Meeting

  1.  

Extraordinary General Meetings may be called by the Executive Committee or at the request of not less than fifteen members of the Association who are fully paid up with all subscriptions and levies.

 

 

 

Business of Annual General Meeting

  1.  

The business of the Annual General Meeting shall be :-

 

 

(a)

To receive reports from the Executive Committee, to review the past work of the Association, and to plan future policy.

 

 

(b)

To elect by secret ballot the Executive Committee.

 

 

(c)

To receive the audited accounts for the previous financial year and to consider the financial position of the Association.

 

 

(d)

To consider any other business.

 

 

 

 

Amendment of Rules

  1.  

The Annual General Meeting, subject to clause (3) and (7) of this rule, shall be the only authority to make rescind, alter, amend and add any of these rules provided that matters specified in the Schedule 2 of Trade Unions Ordinance are adequately provided for.

 

 

 

 

Notice and Agenda of Annual General Meeting

  1.  

The Hon. Secretary, on the instructions of the Executive Committee, shall prepare an agenda of the Annual General Meeting and shall make it known to members in such manner as the Executive Committee shall decide. He shall also give to all members not less than 14 days' notice for the calling of the Annual General Meeting.

 

 

 

 

Notice and Agenda of Extra- ordinary General Meeting

  1.  

Not less than 10 days' notice shall be given to all members for the calling of an Extraordinary General meeting and an agenda showing the business shall accompany the notice.  Discussions at the Extraordinary General Meeting shall be limited to those matters contained in the agenda.  Decisions reached by the Extraordinary General Meeting shall have the same validity as decisions reached by the Annual General Meeting provided that, where any change in the Rules of the Association is contemplated, such change shall be specifically stated in the agenda of the meeting.

 

 

 

 

 

  1.  

The quorum for all Annual and Extraordinary General Meetings of the Association shall be 10% of the number of voting members but shall not be less than the minimum of 15 voting members.  With the exception of decisions regarding change of name of the Association, federation or amalgamation with another trade union, all decisions taken at the Annual or Extraordinary General Meeting will be valid if passed by a simple majority vote of all voting members present.

Adjourned General Meeting

  1.  

If within 30 minutes from the time appointed for a General Meeting, the number of voting members present at the meeting is insufficient to constitute a quorum, the Executive Committee shall adjourn the meeting within 30 minutes.  In case the meeting is convened at the request of under Rule 5(3) and the number of voting members present within 30 minutes from the time appointed for the General Meeting is insufficient to constitute a quorum, the meeting shall be called off and no adjournment shall be made.

 

 

 

Rule 6

 

 

 

ELECTION AND SECRET BALLOT

 

 

Secret Ballot held under the authority of the Executive Committee or Election Committee

  1.  

All elections or other matters for decision by secret ballot at the Annual or Extraordinary General Meeting of the Association shall be held under the authority of the Executive Committee or under the authority of an Election Committee elected by the Executive Committee specifically for that purpose.

 

 

 

 

Matters to be decided by secret ballot

  1.  

 

All decisions in respect of the following items shall be taken by secret ballot :-

 

 

(a)

Election or dismissal of the officers of the Association and the members of the Executive Committee.

 

 

(b)

Change in the name of the Association.

 

 

(c)

Amalgamation of the Association with another trade union.

 

 

(d)

Federation of the Association with another trade union or a trade union federation.

 

 

 

 

  1.  

The Hon. Secretary or other officers appointed for the purpose shall be responsible for issuing ballot forms.  Ballot forms will be issued only to those members qualified by the Rules of the Association to exercise their vote.

 

 

 

 

  1.  

All ballot forms must be filled in at the place of the meeting.  They must be placed in the sealed ballot box or boxes provided for the purpose only by the person filling in the ballot form.  The Executive Committee or the Election Committee will appoint persons to supervise and safeguard the ballot box or boxes.

 

 

 

 

  1.  

Two or more scrutinizers shall be elected at the Annual or Extraordinary General Meeting from members.  The scrutinizers will be responsible under the Executive Committee or Election Committee for checking and sealing empty ballot boxes at the meeting prior to the voting and subsequently collecting ballot boxes and counting and checking ballots.

 

 

 

Rule 7

 

 

 

THE Executive Committee

 

 

Government of Association vested in the Executive Committee

  1.  

The government of the Association and the conduct of the business of the Association shall be vested in the Executive Committee.  The Executive Committee shall serve from the time that it duly elects its officers under Rule 7(4)(a), until the time when the next Executive Committee so elects its officers.

 

 

 

Composition of the Executive Committee

  1.  

The Executive Committee shall consist of up to (20) members elected annually at the Annual General Meeting by secret ballot. In each year, half of the Executive posts will be up for election.

 

 

 

 

  1.  

The ballot shall be decided on the basis of the Committee total number of votes cast for each candidate.

 

 

 

 

  1.  

(a)

The ten Executive Committee members with the highest votes will serve for two years with the remaining ten positions coming up for election in the next year.

 

 

(b)

The Executive Committee shall at its first meeting elect by secret ballot the President, Vice-President, Hon. Secretary and Hon. Treasurer from among its own members and for a period of one year.

 

 

(c)

The first meeting of the Executive Committee shall be held not later than twenty one days after the last Annual General Meeting, and the convenor of this meeting shall be the Executive Committee member or members who secured the highest number of votes in the ballot at the last Annual General Meeting.

Hon. Advisers

  1.  

Any persons may be appointed by the Executive Committee as Hon. Advisers to the Association.  They may be invited by the Executive Committee to attend Executive Committee meetings or other meetings of the Association, whenever the Executive Committee considers their attendance necessary, for the purpose of giving advice.  They shall have no power to vote.

 

 

 

 

Meeting and Quorum of Executive Committee

  1.  

The Executive Committee shall meet at least once every three months.  No less than one third of the total number of members shall form a quorum.

 

 

 

 

Vacancies on the Executive Committee

  1.  

In the event of the death, resignation, retirement or dismissal of any officer of the Executive Committee between two Annual General Meetings or when, during such period, any officer is unavoidably absent from Hong Kong and such absence is likely to be permanent or longer than three calendar months, the candidate who secured the next highest number of votes in the ballot at the last Annual General Meeting shall fill the vacancy.

 

 

 

 

Protection of Funds by the Executive Committee

  1.  

The Executive Committee shall pursue the objects of the Association and shall protect its funds against extravagance or misappropriation.  It shall give instructions as to the investments of the funds of the Association subject to Rule 9(2).

 

 

 

 

Appointment of Committees and Sub- Committees

  1.  

In pursuance of the objects of the Association, the Executive Committee may appoint committees and sub- committees, who shall perform their duties in accordance with the terms of reference as laid down by the Executive Committee.

Appointment and Dismissal of staff

  1.  

The Executive Committee shall give instructions to the Hon. Secretary and other officers for the conduct of the affairs of the Association.  It may appoint paid organizers, advisers, and such clerical staff as it may consider necessary and dismiss such organizers, advisers, and staff for reasons deemed good and sufficient.

Dismissal of Officers

  1.  

The Executive Committee may suspend or dismiss any officer or Executive Committee members of the Association for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Executive Committee, or for any other reason which it deems good and sufficient in the interests of the Association.  Any officer or Executive Committee member so suspended or dismissed shall have the right of appeal to the Annual or Extraordinary General Meeting.

Expulsion of Members

  1.  

The Executive Committee may suspend or expel from the Association any member who is proved, to the satisfaction of the Executive Committee, to have been guilty of conduct prejudicial to the interests of the Association.  Any member so suspended, or expelled, shall have the right of appeal to the Annual or Extraordinary General Meeting.

Decisions of the Executive Committee

  1.  

The decision of the Executive Committee shall be binding on all members of the Association.

Interpretation of Rules

  1.  

Between Annual General Meetings the Executive Committee shall interpret the Rules, when necessary, and determine any point which the Rules do not adequately cover.

Fully paid subscriptions, etc.

  1.  

All officers and Executive Committee members must be fully paid up with all subscriptions and levies.

 

 

 

Rule 8

 

 

 

OFFICERS OF THE ASSOCIATION

 

 

Duties of President

  1.  

(a)

The President shall be elected annually at the first meeting of the Executive Committee by secret ballot from among the Executive Committee members.  His term of office shall be from the time of his election until the time that the next Executive Committee elects a President.  He shall be eligible for re-election provided that he has not served as President for more than two consecutive terms of office.

 

 

(b)

The President shall preside at all Annual and Extraordinary General Meetings and Executive Committee Meetings and shall be responsible for the proper conduct of business of the Association.  He shall have a casting vote.  He shall sign the minutes of each meeting after they are approved.

 

 

(c)

With the assistance of the Hon. Secretary and the Hon. Treasurer, he shall superintend the general administration of the affairs of the Association and shall endeavour to secure the observance of the Association Rules by all concerned.

 

 

(d)

The President, in conjunction with the Hon. Secretary or the Hon. Treasurer, shall sign cheques on behalf of the Association.

 

 

 

 

Duties of Vice- President

  1.  

The Vice-President shall be elected annually at the first meeting of the Executive Committee by secret ballot from among the Executive Committee members, shall serve until the next Executive Committee takes office, and shall be eligible for re-election provided he has not served as such for more than two consecutive terms of office.  His duties shall be defined by the Executive Committee.  In the absence of the President on Association business or for any other reason he shall deputize until such time as the President returns or the Executive Committee carry out the provisions of Rule7(7).

 

 

 

 

Duties of Hon. Secretary

  1.  

(a)

The Hon. Secretary shall be elected annually at the first meeting of the Executive Committee by secret ballot from among the Executive Committee members, shall serve until the next Executive Committee takes office, and shall be eligible for re-election provided he has not served as such for more than two consecutive terms of office.

 

 

(b)

He shall conduct the business of the Association in accordance with the Rules and shall carry out the instructions of the Annual or Extraordinary General Meetings and of the Executive Committee.  He may be assisted by one Assistant Hon. Secretaries, subject to the approval of the Executive Committee.

 

 

(c)

He shall keep a register of all Members and Associate Members.

 

 

(d)

He shall attend all meetings of the Executive Committee and the Annual and Extraordinary General Meetings, and shall record the minutes.

 

 

(e)

He shall prepare the Annual Report of the Association for submission to the Annual General Meeting and any other reports necessary for the Extraordinary General Meetings.

 

 

(f)

He shall, in conjunction with the President or the Hon. Treasurer, sign cheques on behalf of the Association.

 

 

 

 

Duties of Asst. Hon. Secretary

  1.  

(a)

Subject to Rule 7(4)(a), one Assistant Hon. Secretaries may be appointed by the Executive Committee.  The Assistant Hon. Secretary shall serve for the period from the date of approval by the Executive Committee of the current year until the next Executive Committee takes office, and shall be eligible for re-appointment.

 

 

(b)

He shall assist the Hon. Secretary in accordance with the instructions of the Hon. Secretary and of the Executive Committee.

 

 

(c)

In the absence of the Hon. Secretary on Association business or for any other reason, the Assistant Hon. Secretary shall be called upon by the Executive Committee or by the Hon. Secretary to deputize until such time as the Hon. Secretary returns or the Executive Committee carry out the provisions of Rule 7(7).

 

 

(d)

They should attend the Annual and Extraordinary General Meetings and all meetings of the Executive Committee.

 

 

 

 

Duties of Hon. Treasurer

  1.  

(a)

The Hon. Treasurer shall be elected annually at the first meeting of the Executive Committee by secret ballot from among the Executive Committee members, shall serve until the next Executive Committee takes office, and shall be eligible for re-election provided he has not served as such for more than two consecutive terms of office.

 

 

(b)

He shall be responsible for the safety of all moneys belonging to the Association and shall keep full and accurate accounts of all transactions conducted in the name of the Association.  He shall prepare a financial statement for each meeting of the Executive Committee and an annual statement of accounts for audit and for presentation to the Annual General Meeting.  He shall have the right to speak and to vote on all matters except financial matters.

 

 

(c)

He shall, in conjunction with the President or the Hon. Secretary, sign cheques on behalf of the Association.

 

 

(d)

He shall deposit in the bank appointed by the Executive Committee all sums over $2000 retaining the remainder in a safe place.

 

 

 

 

Paid Officers

  1.  

Any officer whose duties call for full-time or part-time services on behalf of the Association may be paid a salary or fee, such salary or fee to be determined by the Executive Committee.

 

 

 

 

Security

  1.  

Any officer whose duties involve financial responsibility shall provide such security as the Executive Committee may require.

 

 

 

Rule 9

 

 

 

USE OF FUNDS

 

 

Use of Funds

  1.  

The funds of the Association shall be divided into two sections :-

 

 

(a)

General Fund which may be used by the Executive Committee for the operational expenses of the Association and for any other lawful purpose approved at the Annual General Meeting or Extraordinary General Meetings of the Association, or as the Executive Committee sees fit for meeting all payments arising out of a trade dispute or for assisting a member and his family in the event of a trade dispute.

 

 

(b)

Welfare Benefit Fund, to be used solely for welfare purposes approved at the Annual General Meeting or Extraordinary General Meetings of the Association.

 

 

 

Investment of Funds

  1.  

The funds of the Association which are not required for current expenses may, on the direction of the Executive Committee, be invested in Government or such other securities, as the Executive Committee may think fit subject to the approval of members at the Annual or Extraordinary General Meeting.

 

 

 

Financial Year

  1.  

The financial year of the Association shall commence on the first day of September of each year and terminate on the thirty-first day of August the following year.

 

 

 

Rule 10

 

 

 

ESTABLISHMENT OF WELFARE BENEFIT FUND

 

 

 

  1.  

The Executive Committee shall have the power to establish and/or administer a Welfare Benefit Fund or to appoint a Committee to administer the Fund.  The Fund shall be open to all members and give benefits to members and/or their families in the event of death, accident, sickness, distress, unemployment, maternity or retirement in accordance with decisions made at the Annual or Extraordinary General Meetings of the Association.

 

 

 

 

  1.  

Members may be requested to contribute voluntarily to the Welfare Benefit Fund whenever found necessary by the Association.

 

 

 

Rule 11

 

 

 

AUDITORS

 

 

Auditors need not be members

  1.  

One or more auditors, who need not be members of the Association, shall be appointed or elected at the Annual General Meeting.

 

 

 

Audit of Accounts

  1.  

The auditor shall audit all the accounts of the Association, general and welfare, as soon after the close of each financial year as possible and at other times when necessary.  All books and accounts of the Association will be examined and a certification as to their correctness or otherwise be given by the auditor.  A report by the auditor will be made to the members at the Annual General Meeting.

 

 

 

Copy of Auditor's Report

  1.  

A copy of any auditor's report shall be conspicuously placed at the office of the Association.

 

 

 

Rule 12

 

 

 

INSPECTION OF BOOKS

 

 

 

Any member not more than five months in arrears of either annual subscription or levies (See Rule 3(4)) or any authorized agent of the member will be allowed to inspect the account books and the register of members.  Application must be made in advance to the Hon. Secretary or Hon. Treasurer, who will be allowed reasonable time to make the necessary documents available.

 

 

 

Rule 13

 

 

 

DISPUTES

 

 

Cessation of work

  1.  

In the event of any professional dispute arising, the members concerned shall make the same known to the Hon. Secretary of the Association, who shall immediately report the same to the Executive Committee, but in no case shall a cessation of work be threatened or take place without the sanction of the Executive Committee.

 

 

 

Action for Improved Conditions

  1.  

Should any branch or body of members of the Association desire steps to be taken for an increase of salaries or improved conditions of employment, the Hon. Secretary of the Association shall report the claim to the Executive Committee, who shall determine what action shall be taken.

 

 

 

Rule 14

 

 

 

LEGAL ASSISTANCE

 

 

Legal advice or assistance

Consistently with the provisions of Rule 2(6) the Executive Committee shall have power to provide legal advice and assistance to any member on any matter connected with his employment, provided the member's subscriptions and levies are not more than five months in arrears (See Rule 3(4)), and further provided the Executive Committee are satisfied that legal advice or assistance shall be given.

 

 

 

Rule 15

 

 

 

EDUCATIONAL WORK

 

 

Education

The Association may undertake the education of its members through meetings or classes and a monthly bulletin reporting the activities of the Association.  It may publish literature and take such other action as will promote industrial, cultural and social knowledge.

 

 

 

Rule 16

 

 

 

RULE BOOK

 

 

Rules to be printed and made available

  1.  

A copy of these Rules shall be given to every person accepted into membership of the Association.

 

 

 

 

  1.  

A copy of these Rules shall be readily available at the Association premises for perusal by any member.

 

 

 

Rule 17

 

 

 

DISSOLUTION

 

 

Dissolution

  1.  

The Association shall not be dissolved except with the consent of 5/6ths of the qualified membership of the Association obtained by means of a secret ballot.

 

 

 

Debts and liabilities fully discharged

  1.  

In the event of the Association being dissolved, all debts and liabilities legally incurred on behalf of the Association shall be fully discharged and the remaining funds divided amongst all qualified members in equal proportions.

 

 

 

 

Notice sent to Registrar of Trade Unions

  1.  

When the Association is dissolved notice of such will be sent by the Hon. Secretary to the Registrar of Trade Unions.

 

 

 

Rule 18

 

 

 

COMMON SEAL AND CONTRACT

 

 

 

  1.  

The Association shall have a common seal which shall be in the safe custody of the President, and this common seal shall only be used by the Executive Committee in resolution.

 

 

 

 

  1.  

Contracts or instrument made by the Executive Committee on behalf of the Association to which the common seal of the Association shall be affixed shall be signed by an officer or a voting member appointed by the Executive Committee for the purpose and countersigned by the President, Hon. Treasurer or Hon. Secretary (or such members who for the time being and under the rules of the Association act as President, Hon. Treasurer and Hon. Secretary).

 

 

 

 

Rule 19

 

 

 

 

DEFINITIONS

 

 

 

Definitions

“Senior Management” includes academic and teaching staff at the rank of Vice President or above.

 

*** END ***

(Adopted by AGM on 28 Sept 2011, amendment proposals on 30 Jan 2012)

Amendment proposal by Chong YK as at 23 Aug 2016