香港實驗室技術員協會 會章 CONSTITUTION

CONTENT 目錄

RULE 1 TITLE AND OFFICE 名稱及會址

RULE 2 OBJECTS 宗旨

RULE 3 MEMBERSHIP 會員資格

RULE 4 CONSTITUTION AND GOVERNMENT 最高權力及行政管理

RULE 5 ANNUAL GENERAL MEETING 週年大會

5.2 EXTRAORDINARY GENERAL MEETING 特別大會

5.9 ADJOURNED GENERAL MEETING 延期大會

RULE 6 ELECTION AND SECRET BALLOT 選舉及秘密投票

RULE 7 EXECUTIVE COMMITTEE 執行委員會

RULE 8 OFFICE-HOLDERS OF THE UNION 職工會職員

RULE 9 USE OF FUNDS 經費之運用

RULE 10 LEVIES 徵集款項

RULE 11 AUDITORS 核數員

RULE 12 INSPECTION OF BOOKS 查閱文件

RULE 13 TRADE DISPUTES 工業行動

RULE 14 LEGAL ASSISTANCE 法律援助

RULE 15 EDUCATIONAL WORK 教育工作

RULE 16 RULE BOOK 章程印本

RULE 17 DISSOLUTION 解散之方法

RULE 18 COMMON SEAL AND CONTRACT 公印及契約之保管

RULE 19 DEFINITIONS 定義

 

 

RULE 1 TITLE AND OFFICE 名稱及會址

1.1 The name of the Association shall be the Hong Kong Laboratory Technicians’ Association ( 香港實驗室技術員協會 ). (hereafter referred to as the union.)

1.2 The registered office of the union shall be Flat S, 4/F., Rear, Wing Lung Mansion, 232 Castle Peak Road,Shamshuipo, Kowloon, or such other place as may be decided upon by the Executive Committee.

(The postal address of the union shall be P.O. Box 80401, Cheung Sha Wan Post Office, Kowloon.)

 

RULE 2 OBJECTS 宗旨

The objects of the unions shall be as follows:

2.1 To promote the professional status of laboratory technicians in Hong Kong and to secure the complete organization in the union of all persons employed as laboratory technicians as prescribed in Rule 3.1(a).

2.2 To obtain and maintain just and proper rates of salaries, hours of work, and other conditions of employment, and generally to protect the interests of members.

2.3 To regulate relations and to settle disputes between members and the employers, between one member and another, and between members and other employees by amicable and conciliatory means.

2.4 To promote a spirit of mutual respect and understanding between the union and the employers and to secure the establishment of recognized and permanent machinery for negotiation with the employers.

2.5 To provide for members and certain circumstances their families any or all of the following benefits and such others as the General Meeting may decide:

(a) monetary relief, or such other benefits as may be decided, for sickness, accident, disablement, distress, unemployment, maternity and retirement;

(b) death gratuities and funeral expenses;

(c) educational expenses;

(d) victimisation and trade dispute benefits;

(e) legal advice and legal assistance where necessary in connection with the employment of members.

2.6 To promote generally the material, cultural, social, educational and recreational welfare of the members and in certain circumstances their families in any lawful manner by the provision of such welfare benefits, which the General Meeting may from time to time decide.

2.7 To further, financially or otherwise, the work or purpose of any lawful association or federal body whose objects are to promote the interests of labour, trade unionism, or trade unionists.

2.8 To coordinate the members in the promotion of the professional and educational advancement of laboratory techniques in every proper way, and to establish relationship with other local and overseas professional organization of similar nature.

2.9 To establish, carry on or participate, financially or otherwise, in the business of the printing or publishing a general newspaper, journals, books, pamphlets, or other publications in the interests of and with the main purpose of furthering the professional techniques of the members of the union or trade unionism generally.

2.10 To promote legislation in the interests of its members.

 

RULE 3 MEMBERSHIP 會員資格

3.1 (a) The union is open to all persons who are holders of the Hong Kong Certificate of Education or any equivalent qualification recognized by the Executive Committee of the union and are employed as laboratory technicians in any establishment, institute or organization of agricultural, educational, engineering, industrial, forensic and medical fields in Hong Kong;

(b) The Executive Committee shall have the right to refuse membership to any person whom the Executive Committee deems unsuitable.

(c) A member who retires from the employment of laboratory technician as prescribed in Rule 3.1(a) on account of age or ill-health and is not fully employed elsewhere may, subject to the decision of the Executive Committee, be appointed a retired member who shall not have the right to vote or be an officer of the union but may participate in the benefits provided by the union.

3.2 (a) The entrance fee to the union shall be HK$50.00 and the annual subscription shall be HK$80.00 which shall be payable immediately upon admission to membership and thereafter annually due on 1st September every year;

(b) A retired member shall be required to pay one-fifth of the annual subscription and the whole amount of any contributions, fees or any other levies as may be decided by the Executive Committee.

3.3 The General Meeting of the union shall have power to alter any subscriptions, fees or contributions, and to impose additional fees, subscriptions, levies and contributions for the purpose of providing further benefits for members.

3.4 Any member laid off from his employment temporarily may retain his membership up to a maximum of six months.

3.5 All members shall have the right to enjoy the benefits and facilities provided by the union.

3.6 All members must abide by the rules and resolutions of the union. Any member breaking the rules or resolutions of the union is liable to expulsion or disciplinary action by the Executive Committee (see Rule 7.8). Any member so expelled or disciplined may appeal to the General Meeting whose decision shall be final.

3.7 Any member who is more than three months in arrears of either subscriptions, contributions, fees or any other levies from the date due shall cease to be a member.

3.8 Any person who has resigned from the union or ceased to be member for any reason may be reinstated at the discretion of the Executive Committee. If his membership is reinstated within one year from the date he resigned or ceased to be a member, he shall be exempted from paying the entrance fee again.

 

RULE 4 CONSTITUTION AND GOVERNMENT 最高權力及行政管理

4 The supreme authority of the union shall be vested in the General Meeting and subject to this authority the union shall be governed by the Executive Committee.

 

RULE 5 ANNUAL, GENERAL MEETING, EXTRAORDINARY GENERAL MEETING AND ADJOURNED GENERAL MEETING 週年大會 , 特別大會 , 延期大會

5.1 The Annual General Meeting shall be held within sixty days from the first day of December every year.

5.2 An Extraordinary General Meeting may be called by the Executive Committee or at the request of not less than thirty (30) or one quarter of the total number of members of the union whichever is the less.

5.3 (a) All members shall be entitled to attend the General Meeting;

(b) only voting members shall be entitled to vote at the General Meeting.

5.4 The business of the Annual General Meeting shall be:-

(a) to receive reports from the Executive Committee, to review the work of the previous year and to plan the work of the coming year.

(b) To elect by secret ballot the Executive Committee Members and the office-holders, i.e. President, Vice-president, Secretary, Deputy Secretary and Treasurer as prescribed in Rule 7.2;

(c) to receive the audited accounts for the previous financial year and to consider the financial position of the union;

(d) to appoint or elect an auditor or auditors;

(e) to consider any other business of the union.

5.5 The General Meeting shall be the sole authority to make, alter, amend or rescind any of these rules provided that no rules providing for any matters specified in the Second Schedule to the Trade Unions Ordinance may be rescinded.

5.6 The Secretary, on the instruction of the Executive Committee, shall prepare the agenda of the General Meeting and shall make them known to all the members in such a manner as the Executive Committee may decide. Not less than fourteen (14) days notice shall be given to all members for calling the meeting.

5.7 The business of the Extraordinary General Meeting shall be confined to those matters specified in the agenda. Decisions reached at the Extraordinary General Meeting shall have to same validity and authority as decisions reached at the Annual General Meeting. Provided that, where any change in the rules of the union is contemplated, such proposed change shall be specifically stated in the agenda of the meeting.

5.8 The quorum for any General Meeting shall be formed by not less than one-tenth of the total voting members or twenty five voting members , whichever is greater. With the exception of those matters regarding change in the name of the union, federation or amalgamation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the union, all decisions of the General Meeting shall be valid if they are made by a majority of votes of all voting members present constituting a quorum.

5.9 If within one and a half hours 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 for ten to thirty days. The Secretary shall send the notice for calling the adjourned meeting and the agenda to each qualified member at least seven days prior to the meeting. At that meeting, a quorum shall be formed by whatever number of voting members present. With the exception of those matters regarding change in the name of the association, federation or amalgamation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the association, all decisions of the adjourned meeting shall be valid if they are made by a majority of votes of all voting members present at the meeting. These decisions shall be binding on all members. However, the notice for the adjourned meeting shall specify in detail the provision of this rule for the reference of all members. In case the meeting is convened at the request of qualified members under Rule 5.2 and the number of voting members present within one and a half hours 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 選舉及秘密投票

6.1 All election or other matters for decision by secret ballot at the General Meeting shall be held under the authority of the Executive Committee or an Election Sub-Committee appointed specifically for the purpose by the Executive Committee.

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

(a) election of officers;

(b) change in the name of the union;

(c) amalgamation of the union with any other trade union;

(d) federation of the union with any other trade union or trade union federation;

6.3 The Secretary or any voting member appointed by the Executive Committee for the purpose of election shall issue ballot forms only to voting members.

6.4 All ballot forms must be marked or inscribed at the place provided. They must not be signed by the persons who marked or inscribe them. They must be placed in the sealed ballot box or boxes only by the persons who have marked or inscribed them. The Executive Committee or the Election Sub-Committee shall appoint voting members to supervise and safeguard the ballot box or boxes.

6.5 Two or more scrutineers shall be elected at the General Meeting from among the voting members. The scrutineers shall be responsible to the Executive Committee or the Election Sub-Committee for collecting the ballot box or boxes and counting and checking the votes.

 

RULE 7 EXECUTIVE COMMITTEE 執行委員會

7.1 The government of the union in the periods between Annual General Meetings and the conduct of its business shall be vested in the Executive Committee.

7.2 (a) (i) The Executive Committee shall consist of ten (10) members who shall be elected by secret ballot at the Annual General Meeting.

(ii) At the twenty-eighth Annual General Meeting, only four persons shall be elected to the Executive Committee. They shall, in conjunction with the six Executive Committee members who are still in office by virtue of the former provisions of this rule, constitute the Executive Committee. The four persons elected shall serve for a term of two years.

(iii) At the twenty-ninth Annual General Meeting, only six persons shall be elected to the Executive Committee. They shall, in conjunction with the four Executive Committee members who are still in office by virtue of the former provisions of this rule, constitute the Executive Committee. Of the six persons elected, the five who obtain the highest votes shall serve for a term of two years and the remaining one shall serve for a term of one year. Thereafter, only five persons shall be elected to the Executive Committee at each Annual General Meeting to serve for a term of two years. All members of the Executive Committee shall be eligible for re-election after their terms of office have expired.

(b) There shall be one President, one Vice-president, one Secretary, one Deputy Secretary, one Treasurer and five Executive Committee members. These ten persons shall form the Executive Committee. The officer-holders of the Executive Committee shall be elected annually from the ten persons who constitute the Executive Committee by secret ballot at each Annual General Meeting. They shall hold office for a term of one year and shall be eligible for re-election, provided that no member shall hold the office of President or Vice-president for more than four consecutive years.

7.3 The Executive Committee shall meet at least eight times within a calendar year. Executive Committee Meetings should be held within eight (8) weeks after the preceding one. One half or over of the total number of members of the Committee shall form a quorum. With the exception of those matters regarding amalgamation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the union, all decisions of the Executive Committee shall be valid if they are made by a majority of votes of all those members of the Committee present constituting a quorum.

7.4 In the event of death, resignation, or dismissal of any office-holder or member of the Executive Committee between two Annual General Meetings or when, during such period, any office-holder or member of the Executive Committee is unavoidably absent from Hong Kong and such absence is likely to be permanent or unduly prolonged, the vacancy shall be filled from among the existing Committee members by secret ballot in the case of an office-holder. In the case of a member of the Executive Committee, the vacancy shall be filled by the candidate who secured the next highest number of votes in the last election. In the event of resignation of any office-holder or member of the executive Committee, he shall give a two months’ notice in writing to the Executive Committee.

7.5 The Executive Committee shall pursue the objects of the union and shall protect its funds against extravagance or misappropriation. It may give instruction as to the investment of the funds of the union subject to Rule 9.4.

7.6 The Executive Committee shall give instruction to the Secretary and other office-holders for the conduct of the affairs of the union. It may appoint paid staff and may dismiss them for reasons deemed good and sufficient in the interests of the union. It may appoint Sub-Committee to carry out the routine work of the union and may dissolve them.

7.7 The Executive Committee may suspend or dismiss any member of the Executive Committee for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Executive Committee, or for any other reason deemed good and sufficient in the interests of the union. Any member of the Executive Committee suspended or dismissed may appeal to the General Meeting whose decision shall be final.

7.8 The Executive Committee may discipline or expel from the union any member who is proved to its satisfaction to have been guilty of conduct prejudicial to the interest of the union. Any member disciplined or expelled may appeal to the General Meeting whose decision shall be final.

7.9 Subject to the overriding authority of the General Meeting all decisions of the Executive Committee shall be binding on all members of the union.

7.10 The Executive Committee shall interpret the rules and determine any points which the rules do not adequately cover.

7.11 All members of the Executive Committee must duly pay up all subscriptions, contributions, fees and levies.

7.12 The Executive Committee shall have the power to appoint not more than five persons, who need not be members of the union, as Honorary Advisers. The Executive Committee may invite them to attend any meetings for consultation and they may speak at these meetings. They shall not have the right to vote and shall not interfere with the administration and affairs of the union. They shall serve for a term of one year and be eligible for re-appointment. Any former President of the union, who is not serving in the Executive Committee, may also be appointed as Honorary Adviser. If an appointed Honorary Adviser is a voting member of the union, he shall retain all the rights and benefits of a voting member of the union.

RULE 8 OFFICE - HOLDERS OF THE UNION 職工會職員

8.1 (a) The President shall preside at all General Meetings and Executive Committee Meetings and shall be responsible for the proper conduct of business of such meetings. He shall have a casting vote. He shall sign the minutes of each meeting after they are approved;

(b) With the assistance’s of the Secretary and the Treasurer, he shall superintend the general administration of the union and shall ensure the observance of the union rules by all members;

(c) He shall, in conjunction with the Secretary or the Treasurer, countersign every document of the union to which the common seal of the union is affixed as provided under Rule 18.2;

(d) He shall, in conjunction with the Treasurer, sign any cheque on behalf of the union.

8.2 (a) The Vice-president shall assist the President and carry out his duty as defined by the executive Committee;

    (b) In the absence of the President the Vice-president shall deputize, and in the absence of the Vice-president the Secretary shall deputize, until the President returns or until the vacancy is filled in accordance with the provision of Rule 7.4.

8.3 (a) The Secretary shall conduct the business of the union in accordance with the rules and shall carry out the instructions of the General Meeting and of the Executive Committee;

(b) He shall keep the common seal of the union in safe custody;

(c) He shall keep a register of all members;

(d) He shall attend all meetings of the union and shall record the proceedings of the meetings. He shall have the right to speak and vote on all matters;

(e) He shall prepare the Annual General Meeting and any other reports necessary for the Extraordinary General Meeting;

(f) He shall, in conjunction with the President, countersign any document of the union to which the common seal of the union is affixed as provided under Rule 18.2;

(g) He shall, in conjunction with the Treasurer, sign any cheque on behalf of the union.

8.4 The Deputy Secretary shall assist the Secretary. In absence of the Secretary he shall deputize until the Secretary returns or until the vacancy is filled in accordance with the provision of Rule 7.4.

8.5 (a) The Treasurer shall be responsible for the safety of moneys and safeguarding of all investments belonging to the union and shall keep full and accurate accounts of all transactions conducted in the name of the union. 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 voting on financial matters.

(b) He shall, in conjunction with the President, countersign any document of the union to which the common seal of the union is affixed as provided under Rule 18.2;

(c) He shall give free of charge to every qualified member upon request an annual audited statement of accounts of all the receipts and expenditures and of the assets and liabilities of the union;

(d) He shall, in conjunction with either the President or the Secretary, sign every cheque on behalf of the union.

(e) He shall not keep cash in hand in excess of HK$5000.00 and shall deposit all other sum of money in the bank appointed by the Executive Committee.

8.6 Any officer whose duties call for full-time services for the union may be compensated for loss of hours or work wages as may be decided by the Executive Committee.

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

 

RULE 9 USE OF FUNDS 經費之運用

9.1 The funds of the union shall consist of the General Fund and the Welfare Fund (if any).

9.2 General Fund

This may be used with the authority of the Executive committee only for the following purposes:

(a) the payment to officers and staff of the union of salaries, allowances and expenses in dealing with the affairs of the union;

(b) the payment of expenses for the administration of the union, including audit of the accounts of funds of the union;

(c) the prosecution of defence of any legal proceeding to which the union or any member is a party when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the union as such or any rights arising out of the relations of any member with his employer;

(d) the conduct of trade disputes on behalf of the union or any member;

(e) the compensation of members for loss arising out of trade disputes;

(f) the payment of subscriptions, fees, contributions or donations to a registered trade union of other lawful association or combination established within Hong Kong;

(g) the payment of fines imposed on the union for any offence of which it is convicted under the Trade Unions Ordinance or any other ordinance;

(h) the payment of expenses incurred in the promotion of cultural, professional, recreational and social pursuits in the interests of members;

(i) the payment for any other lawful purposes approved at the General Meeting.

 

9.3 Welfare Fund

The General Meeting may authorize the Executive Committee to establish a Welfare Fund which shall be administered by the Executive Committee or by a Sub-Committee appointed by the Executive committee. The Fund shall be open to all members and give benefits to members and/or their families for the purposes set out in Rule 2.5(a), (b) and (c). It may also be used for payment of expenses incurred in the promotion of recreational, cultural, professional and social pursuits in the interests of members. Specific rules shall be made before a Welfare Fund is created.

9.4 Investment of Funds

The funds of the union which are not required for current expenses may be invested in bonds, securities or property as may be decided by the General Meeting.

9.5 Financial Year

The financial year of the union shall commence on the 1st day of November each year and terminate on the 31st day of October of the following year.

 

RULE 10 LEVIES 徵集款項

10 The Executive Committee may, if necessary, impose a levy upon all members. If members object to payment of such levy they may refer the matter to the General Meeting.

 

RULE 11 AUDITORS 核數員

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

11.2 In the event of an auditor vacating his office between two Annual General Meetings, the Executive Committee shall have power to appoint a suitable person to fill the vacancy. The appointment will be referred to the next General Meeting for covering approval.

11.3 The auditor shall audit all the accounts of the union, including those of the General Fund and the Welfare Fund, and any subsidiary accounts, as soon as possible after the close of each financial year and at other times when necessary. He shall examine all books and accounts of the union, certify as to their correctness or otherwise and make a report to the Annual General Meeting.

11.4 A copy of the auditor’s report shall be conspicuously displayed at the office of the union.

 

RULE 12 INSPECTION OF BOOKS 查閱文件

12 Any member or his authorised agent shall be allowed to inspect the union’s account books, registered rules and register of members. An application to this effect must be made in advance to the Secretary or the Treasurer, who shall be allowed reasonable time to make the necessary documents available.

 

RULE 13 TRADE DISPUTES 工業行動

13.1 When a trade dispute arises the member concerned shall inform the secretary who shall immediately report it to the Executive Committee. In no case shall a stoppage of work take place or be threatened to take place without the Sanction of the Executive Committee.

13.2 Should any members of the union desire steps to be taken for an increase of salaries or for improved conditions of employment, the Secretary shall report it to the Executive Committee which shall determine what action to be taken.

 

RULE 14 LEGAL ASSISTANCE 法律援助

14 In pursuance of the object in Rule 2.5(e) the Executive Committee shall have power to provide legal advice and assistance to any member on any matter connected with the prosecution or defence undertaken for the purpose of securing or protecting any rights arising out of the relations of the member with his employer, provided that the Executive Committee is satisfied that the case merits legal advice or assistance. 

RULE 15 EDUCATIONAL WORK 教育工作

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

Rule 16 RULE BOOK 章程印本

16 A copy of these registered rules shall be given to every person accepted into membership of the union. 

RULE 17 DISSOLUTION 解散之方法

17.1 The union can only be dissolved with the consent of at least five-sixths of voting members obtained by means of a secret ballot.

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

17.3 When the union is dissolved the Secretary shall notify the Registrar of Trade Unions to this effect. 

RULE 18 COMMON SEAL AND CONTRACT 公印及契約之保管

18.1 The Union shall have a common seal which shall be in the safe custody of the Secretary, and it shall only be used by the authority of the Executive commitee.

18.2 Any contracts or documents made by the Executive Committee on behalf of the union to which the common seal of the union is affixed shall be signed by an officer or a voting member appointed by the Executivie Committee for the purpose and countersigned by the Presdident together with the Tresaurer or the Secretary. 

RULE 19 DEFINITIONS 定義

19 In these rules, unless the context otherwise requires,

‘laboratory technician(s)’ includes all laboratory technical staff employed in any establishment, institute or organization of agricultural, educational, engineering, industrial, forensic and medical fields in Hong Kong.

‘General Meeting’ includes Annual General Meeting and Extraordinary General Meeting.

‘members of the Executive Committee’ means all persons who constitute the Executive Committee.

‘officer’ means any member of the Executive Committee.

‘voting member’ means any member of the union entitled to vote for any purposes under the rules of the union.

 

******* END OF CONSTITUTION *******

last revised: 2004/01/16