Constitution

by IDWFED published Feb 13, 2015 08:20 AM

HONG KONG FEDERATION OF ASIAN DOMESTIC WORKERS UNIONS

 RULES

 

 

RULE 1 - NAME AND OFFICE

 

 

 

 

 

Name

1.1

The name of the trade union federation shall beHong KongFederation of Asian Domestic Workers Unions  (香港亞洲家務工工會聯會)  (in Chinese) (hereinafter referred to as the Federation).

 

 

 

 

 

Address

1.2

The registered office and postal address of the Federation shall be at 19/F Wing Wong Commercial Building, 557-559 Nathan Road, Kowloon, HONG KONG (香港九龍彌敦道557-559號永旺行19樓)  (in Chinese) or such other place as may be decided upon by the Executive Committee.

 

 

 

 

 

 

 

 

 

 

RULE 2 - OBJECTS

 

 

 

 

 

Objects

 

The objects of the Federation shall be as follows :

 

 

 

 

 

 

2.1

To secure the complete organization in the Federation of all component registered trade unions, specified in Rule 3.1.

 

 

 

2.2

To fight for and maintain a fair and reasonable employment terms  and other working conditions. To strive for maintaining component trade unions’ and their members’ rights and benefits.

 

 

 

2.3

To unite all the Asian domestic workers’ unions inHong Kong.

 

 

 

 

 

 

2.4

To regulate relations and to settle trade disputes between members and employers, between one member and another, and between members and other trade unions by amicable and positive means.

 

 

 

 

 

 

2.5

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

 

 

 

 

 

 

2.6

To promote generally the material, cultural, social, educational and recreational welfare of component trade unions in any lawful manner by the provision of educational facilities, clinics and other undertakings which the General Meeting may from time to time decide.

 

 

 

 

 

 

2.7

To further the work or purpose of any lawful organization whose objects are to promote the interests of labour, trade unionism or trade unionists.

 

 

 

 

 

 

2.8

To establish, carry on or participate in the business of printing or publishing newspaper, journals, books, pamphlets or other publications which may be thought desirable for the promotion of the interests of the Federation and its members.

 

 

 

 

 

 

2.9

To organize educational activities and professional training concerning industrial safety, labour law or sense of trade unionism for the protection of members.

 

 

 

 

 

 

2.10

To promote legislation in the interests of the members and labour movement.

 

 

 

 

 

 

2.11

To be concerned with and to participate in the community affairs affecting the interests of the members.

 

 

 

 

 

 

2.12

To do all such other lawful things as are incidental or conducive to the attainment of any or all of the above objects.

 

 

 

 

 

 

 

 

 

 

RULE 3 - MEMBERSHIP AND SUBSCRIPTIONS

 

 

 

 

 

Qualification for membership

3.1

Any registered trade unions of Asian domestic workers inHong Kongmay join the Federation as members, but have first to obtain :

 

 

 

 

(a)    the consent of all the members the Executive Committee of the Federation;

(b)   the consent of the majority of voting members of the applying trade union which wishes to become a member of the Federation  made by secret ballot;

(c)    the consent of the Registrar of Trade Unions in writing to such trade union joining in membership with the Federation.

 

 

 

 

 

 

Application form

3.2

The applicant should complete a membership form. The Executive Committee of the Federation can reject an application of membership if the information provided is untrue and missing.

 

 

 

 

Entrance fee and annual subscriptions

3.3

The entrance fee of the component trade union shall be HK$200.  The annual subscription fee shall be HK$12 per voting member of the component trade union. The size of voting membership is the total number of voting members of the component trade union in its last annual general meeting. The annual subscription fee shall be payable on admission and thereafter due in the month of September every year. The annual subscription fee can be paid proportionately for periods less than 12 months.

 

 

 

 

 

 

Alteration of fees

3.4

The General Meeting of the Federation shall be the sole authority to alter any fees and subscriptions (or the subscription fees in proportion to the number of members).

 

 

 

 

 

Termination of membership

3.5

(a)     A component trade union, if ceases to be registered under the Trade Unions Ordinance, shall cease to be a member of the Federation;

 

 

 

 

 

No refund of fees paid

 

(b)    When a component trade union ceases to be a member of the Federation or applies to withdraw from membership, all fees and subscriptions previously paid by the union shall not be refunded. An application for withdrawal of membership can be accepted by the Executive Committee of the Federation.

 

 

 

 

 

Members breaking rules

3.6

All members must abide by the rules and decisions of the Federation.  Any member breaking the rules of the Federation is liable to disciplinary action by the Executive Committee or expulsion by the General Meeting [see Rule 7.8].  Any member disciplined may appeal to a General Meeting.

 

 

 

 

 

 

Arrears of subscriptions or levies

3.7

(a)      A component trade union which is more than six months in arrears of either fees, subscriptions, contributions or any other levies shall cease to be a member.  It shall not be entitled to any rights and benefits provided by the Federation and shall not be entitled to vote on any matter of the Federation.

 

 

 

 

 

Resumption of membership

 

(b)    A trade union which has ceased to be a member of the Federation under R.3.6 may re-join the Federation but has first to fulfill the requirements laid down in R.3.1, R.3.2 and R.3.3.

 

 

 

 

 

Component trade union’s

complaints

3.8

Any component trade union which is not satisfied with the business of the Federation, may lodge its complaint with the Executive Committee in writing.  The Executive Committee shall not refuse to consider such complaint in any circumstances and shall summon the representatives of the trade union to make an account of the matter.  The Executive Committee shall give a reply in writing when it comes to a decision on whether or not to accept the complaint.  The component trade union may appeal to a General Meeting if it considers that the Executive Committee makes a wrong decision. But the appeal should be made to the Executive Committee within one year from the date of the decision that is announced to the members of the Federation.

 

 

 

 

 

 

RULE 4 - CONSTITUTION AND GOVERNMENT

 

 

 

 

 

Machinery of Government

4.

The supreme authority of the Federation shall be vested in the General Meeting and subject to this authority the Federation shall be governed by the Executive Committee. The General Meeting is formed by the representatives of the component trade unions, hereinafter called representative(s).

 

 

 

 

 

 

RULE 5 - ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL MEETING

 

 

 

 

 

Date of Annual General Meeting

5.1

The Annual General Meeting shall be held in the months of August to September every year.

 

 

 

 

 

Calling of Extraordinary General Meeting

5.2

An Extraordinary General Meeting may be called by the Executive Committee or at the request of not less than half of the total number of representatives.  On receipt of a request , the Executive Committee shall arrange to call an Extraordinary General Meeting within three weeks.

 

 

 

 

 

 

Appointment of Representatives

5.3

(a) Each component trade union shall elect members as representatives at its General Meeting. The number of representatives a component trade union entitled is based on its membership size as scheduled follows:

 

 

 

 

 

 

Attendance and voting at Annual General Meeting

 

 

Size of voting membership

 

Max. no. of representatives

 

 

 

1-300 voting members

1

 

 

301-600 voting members

2

 

 

 

More than 600 voting members

3

 

 

 

The size of voting membership is the total number of voting members of the component trade union at its last annual general meeting.

 

 

 

 

 

 

 

(b) The term of office of the representatives is the same as the Executive Committee of the Federation.

 

 

 

 

 

 

 

(c) All representatives are entitled to attend the General Meeting of the Federation and to vote.

However, if :

 

 

 

 

 

 

 

(i)     the component trade union to which a representative belongs has ceased to be a member of the Federation; or

 

 

 

 

 

 

 

(ii)    the component trade union to which a representative belongs has ceased to be a registered trade union; or

 

 

 

 

 

 

 

(iii)   a representative is no longer a voting member of the relevant component trade union;

 

 

 

 

 

 

 

her/his qualification as representative or member of the Executive Committee of the Federation (if she/he concurrently holds the post) shall cease.

 

 

 

 

 

Vacancies of representatives

 

 

 

 

 

 

5.4

In the event of a vacancy of representative arises between two Annual General Meetings or when, during such period, any representative is unavoidably absent from Hong Kong and such absence is likely to be permanent or unduly prolonged, the vacancy shall be filled by the candidate who secured the next highest number of votes at the last election of representatives of the component trade union.  In the absence of such candidate, the Executive Committee of the component trade union shall within one month after the vacancy has arisen convene a General Meeting to elect a replacement. Any replacement representative will serve the rest of the term of the vacating representative.

 

 

 

 

 

Business of Annual General Meeting

5.5

The business of the Annual General Meeting shall be :

 

(a)     to confirm the minutes of the previous Annual General Meeting and of any intervening Extraordinary General Meeting ;

 

 

 

 

 

 

 

(b)    to consider reports from the Executive Committee and to plan policy and work for the future;

 

 

 

 

 

 

 

(c)     to consider and approve the statement of accounts for the previous financial year together with the report on the audit of accounts of the Federation;

 

 

 

 

 

 

 

(d)    to elect by secret ballot members of the Executive Committee;

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

(f)     to consider any other business of the Federation.

 

 

 

 

 

Alteration of rules

5.6

The General Meeting shall be the sole authority to make alterations, amendments and additions to any of these rules, to rescind any of these rules and to make new rules provided that matters specified in the Schedule 2 to the Trade Unions Ordinance are adequately provided for.

 

 

 

 

 

Notice and agenda of General Meeting

5.7

The Secretary, on the instructions of the Executive Committee, shall prepare the notice of the General Meeting and shall send it to members and their representatives in such a manner as the Executive Committee may decide.  No less than 14 days’ notice shall be sent to every member and their representatives.  The Secretary, upon receiving the agenda items from members and their representatives, shall prepare the agenda and send it to members and their representatives before 14 days of the meeting.  The number of days are exclusive of the day of service of the notice/agenda and of the day of meeting.

 

 

 

 

 

Business of Extraordinary General Meeting

5.8

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 the same validity and authority as decisions reached at the Annual General Meeting provided that, where any alteration of the rules of the Federation is contemplated, such proposed alteration shall be specifically stated in the agenda of the meeting.

 

 

 

 

 

Quorum for and decision of General Meeting

5.9

The quorum for any General Meeting shall be formed by not less than half of the total number of representatives.  Except matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the Federation, all decisions of the General Meeting shall be valid if they are made by a majority of votes of all representatives  present constituting a quorum.

 

 

 

 

 

Adjourned General Meeting

5.10

If within one hour from the time appointed for a General Meeting, the number of representatives present at the meeting is insufficient to constitute a quorum, the Executive Committee shall adjourn the meeting within thirty days. In case the meeting is convened at the request of members under Rule 5.2 and the number of representatives present within one hour 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.

 

 

 

 

Notice and agenda of Adjourned General Meeting

5.11

The Secretary shall send the notice for calling the adjourned meeting and agenda to each member at least fourteen days prior to the meeting.  At that meeting, a quorum shall be formed by whatever number of  representatives present.  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 theUnion, all decisions of the adjourned meeting shall be valid if they are made by the majority of votes of all representatives 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.

 

 

 

 

 

RULE 6 - ELECTIONS AND SECRET BALLOT

 

 

 

 

 

Secret ballot held under the authority of Executive Committee or Sub-Committee

6.1

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

 

 

 

 

 

Matters to be decided by secret ballot

6.2

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

 

 

 

 

 

 

 

(a)     election of members of the Executive Committee;

 

 

 

 

 

 

 

(b)    change in the name of the Federation;

 

 

 

 

 

 

 

(c)     the establishment of the electoral fund;

 

 

 

 

 

 

 

(d)    being or becoming a member of an organisation established in a foreign country;

 

 

 

 

(e)     amalgamation of the Federation with other federations of trade unions;

 

 

 

 

(f)     resolution on payment of electoral expenses referred to in section 33A(1) of the Trade Unions Ordinance when no electoral fund has been established.

 

 

 

 

 

 

 

(g)       the dissolution of the Federation.

 

 

 

 

 

Issue of ballot forms

6.3

Only representatives are entitled to vote at General Meetings. The Secretary or Sub-Committee appointed by the Executive Committee for the purpose of election or voting work shall be responsible for issuing ballot forms and shall issue them only to the representatives.

 

 

 

 

 

Manner of balloting

6.4

All ballot forms must not be signed by the voters who mark or inscribe them and must be placed in the sealed ballot box provided by the Executive Committee.  The Executive Committee or the Sub-Committee may appoint suitable representatives to supervise and safeguard the ballot box.

 

 

 

 

 

Scrutineers to count and check votes

6.5

Scrutineers shall be elected at the General Meeting from among  representatives.  They shall be responsible to the Executive Committee or the Sub-Committee for collecting the ballot box and counting and checking the votes.

 

 

 

 

 

 

RULE 7 - EXECUTIVE COMMITTEE

 

 

 

 

 

Government of Federation vested in Executive Committee

7.1

The government of the Federation and the conduct of its business shall be vested in the Executive Committee.

 

 

 

 

 

Composition of Executive Committee

7.2

(a)      The Executive Committee shall consist of 6 to 16 members, such that each nationality has not more than two members of Executive Committee. They shall be elected from among representatives by secret ballot at the Annual General Meeting.  Members of the Executive Committee shall within 14 days after the Annual General Meeting elect among themselves by secret ballot a Chairman, a Vice-Chairman, a Secretary and a Treasurer.  All members of the Executive Committee shall serve for a term of two year and shall be eligible for re-election.  A list of all the members of the Executive Committee and their office titles shall be displayed at the registered office of the Federation.

 

 

 

 

 

 

 

(b)      No person shall be a member of the Executive Committee of the Federation unless:-

(i)                 She/he is a member of the Executive Committee of one of the component registered trade unions and is ordinarily resident in Hong Kong; or.

(ii)               She/he is a voting member of one of the component registered trade unions.

 

 

 

 

 

Meeting and quorum of Executive Committee

7.3

The Executive Committee shall meet at least once in every three months. Over half of the total number of members of the Committee shall form a quorum.  With the exception of matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the Rules of the Federation, 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.

 

 

 

 

 

Vacancies in the Executive Committee

7.4

In the event of death, resignation or dismissal of any member of the Executive Committee between two Annual General Meetings or when, during such period, any 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 by the candidate who secured the next highest number of votes at the last election.  In the absence of such candidate, the Executive Committee shall within one month after the vacancy has arisen convene an Extraordinary General Meeting to elect a replacement.  If the Executive Committee Member vacating office is concurrently an office-holder, the vacant office shall be filled from among all the Executive Committee Members by secret ballot.  Any resultant vacancies for office-holders shall be filled in the same manner as aforesaid.  Any replacement member or office-holder will serve the rest of the term of the vacating member or office-holder, as the case may be.

 

 

 

 

 

Protection of funds by Executive Committee

7.5

The Executive Committee shall pursue the objects of the Federation and shall protect its funds against extravagance or misappropriation.  It may give instructions as to the investment of the funds of the Federation subject to Rule 9.2.

 

 

 

 

 

Paid staff and Sub-Committees

7.6

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

 

 

 

 

 

Suspension or dismissal of members of the Executive Committee

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 General Meetings or of the Executive Committee, or for any other reason deemed good and sufficient in the interests of the Federation.  Any member of the Executive Committee suspended or dismissed may appeal to a General Meeting.

 

 

 

 

 

Discipline and expulsion of members

7.8

(a)      The Executive Committee may give a warning to or discipline any component trade union which is proved to its satisfaction to have been guilty of conduct prejudicial to the interests of the Federation. Subject to a majority decision of the Executive Committee, the Executive Committee may recommend to a General Meeting for a component trade union to be expelled from the Federation. A component trade union can only be expelled from the Federation with a majority decision of a General Meeting.

 

 

 

 

 

Discipline and expulsion of representatives

 

(b)     The Executive Committee may give warning to, discipline or expel from the Federation any representative who is proved to its satisfaction to have been guilty of conduct prejudicial to the interests of the Federation. Any representative so warned, disciplined or expelled may appeal to a General meeting.

 

 

 

 

 

Decisions of Executive Committee

7.9

Subject to Rule 7.3 and the overriding authority of the General Meeting, all decisions of the Executive Committee shall be binding on all members of the Federation.

 

 

 

 

 

Interpretation of rules

7.10

The Executive Committee shall interpret the rules, determine any points which the rules do not adequately cover, and propose alterations to the General Meeting for approval.

 

 

 

 

 

Handing over of duties and documents

7.11

Whenever there is a change of members or office-holder in the Executive Committee, arrangements for handing/taking over of duties and documents shall be made within one month of the change.  A certificate to this effect shall be signed by the out-going and the in-coming members of the Executive Committee for the record of the Executive Committee.

 

 

 

 

 

 

 

 

RULE 8 - OFFICE HOLDERS OF THE FEDERATION

 

 

 

 

 

Duties of the Chairperson

8.1

(a)     The Chairperson shall preside at all General Meetings and Executive Committee Meetings and shall be responsible for the proper conduct of business of such meetings. In case the Executive Committee meetings have same votes of agreements and disagreements, the chairperson can have one more vote to make the decision;

 

 

 

 

 

 

 

(b)    With the assistance of the Secretary and the Treasurer, she/he shall superintend the general administration of the Federation and shall ensure the observance of the Federation rules by all members;

 

 

 

 

 

 

 

(c)     She/He is empowered to countersign every document of the Federation to which the common seal of the Federation is affixed as provided under Rule 18.2 in conjunction with a member of the Executive Committee appointed by the Executive Committee;

 

 

 

 

 

 

 

(d)    She/He may, in conjunction with the Treasurer, sign cheques or cash withdrawal forms on behalf of the Federation;

 

 

 

 

 

 

 

(e)     She/He may, in conjunction with the Secretary, furnish to the Registrar of Trade Unions before 31 March in each year a return showing the names of the members of the Executive Committee and membership of the Federation on 31 December in the preceding year.

 

 

 

 

 

Duties of the Vice-Chairperson

8.2

The Vice-Chairperson shall carry out her/his duties as defined by the Executive Committee.  In the absence of the Chairperson, she/he shall deputise until the Chairperson returns or until the vacancy is filled in accordance with the provision of Rule 7.4.

 

 

 

 

 

Duties of the Secretary

8.3

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

 

 

 

 

 

 

 

(b)    She/He shall keep the common seal of the Federation in safe custody;

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

(d)    She/He shall attend all meetings of the Federation and shall record the proceedings of the meetings;

 

 

 

 

 

 

 

(e)     She/He shall prepare the Annual Report of the Federation for submission to the Annual General Meeting and any other reports necessary for Extraordinary General Meetings;

 

 

 

 

 

 

 

(f)     She/He is empowered to countersign every document of the Federation to which the common seal of the Federation is affixed as provided under Rule 18.2 in conjunction with a member of the Executive Committee appointed by the Executive Committee;

 

 

 

 

 

 

 

(g)    She/He may, in conjunction with the Treasurer, sign cheques or cash withdrawal forms on behalf of the Federation;

 

 

 

 

 

 

 

(h)    She/He may, in conjunction with the Chairperson, furnish to the Registrar of Trade Unions before 31 March in each year a return showing the names of the members of the Executive Committee and membership of the Federation on 31 December in the preceding year.

 

 

 

 

 

Duties of the Treasurer

8.4

(a)     The Treasurer shall be responsible for the safety of all moneys and the safeguarding of all investments belonging to the Federation and shall keep full and accurate books and accounts with respect to all transactions conducted in the name of the Federation and maintain proper records of the Federation’s assets and liabilities.  She/He shall establish and maintain a satisfactory system of control of accounting and transactions records.  She/He shall prepare a financial statement for each meeting of the Executive Committee and shall, as soon after the close of each financial year as possible, prepare an annual statement of accounts to be audited by the auditor for presentation to the Annual General Meeting.  She/He, if is also a representative of one of the component trade union, shall have right to speak and to vote on all matters except financial matters. She/He shall forward the auditor’s report together with the audited annual statement of accounts to the Registrar of Trade Unions within three months after the closing of the financial year;

 

 

 

 

 

 

 

(b)    She/He is empowered to countersign every document of the Federation to which the common seal of the Federation is affixed as provided under Rule 18.2 in conjunction with a member of the Executive Committee appointed by the Executive Committee;

 

 

 

 

 

 

 

(c)     She/He shall give free of charge to every member or its representatives upon request an audited annual statement of accounts of all the receipts and expenditures and of the assets and liabilities of the Federation;

 

 

 

 

 

 

 

(d)    She/He may in conjunction with the Chairperson or the Secretary, sign cheques or cash withdrawal forms on behalf of the Federation;

 

 

 

 

 

 

 

(e)     She/He shall not keep cash in excess of HK$500, and shall deposit all other sums of money in a bank account opened in the name of the Federation and appointed by the Executive Committee.

 

 

 

 

 

Compensation to members of the Executive Committee

8.5

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

 

 

 

 

 

Financial Security

8.6

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

 

 

 

 

 

 

 

 

 

 

RULE 9 - USE OF FUNDS

 

 

 

 

 

Use of the General Fund

9.1

The General Fund may be used with the authority of the Executive Committee only for the following purposes:

 

 

 

 

 

 

 

(a)     the payment to members of the Executive Committee and paid staff of the Federation of salaries, allowances and expenses in dealing with the affairs of the Federation;

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

(c)     the prosecution or defence of any legal proceeding to which the Federation or any member is a party when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Federation as such or any rights of any component trade union as a trade union;

 

 

 

 

 

 

 

(d)    the conduct of trade disputes on behalf of the Federation 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 other registered trade unions or other lawful associations or combinations established withinHong Kong;

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

(h)    subject to the approval of a General Meeting, the payment for any other lawful purposes as permitted by the Trade Unions Ordinance.

 

 

 

 

 

Investment of Funds

9.2

(a)     The funds of the Federation, which are not required for current expenses may be invested in bonds, securities or property and in such manner as may from time to time be determined by the General Meeting;

 

 

 

 

 

 

 

(b)    Subject to the approval of a General Meeting, the Executive Committee may, if necessary, acquire any property of the Federation through mortgage loans from any bank.

 

 

 

 

 

 

 

 

 

 

RULE 10 - FINANCIAL YEAR

 

 

 

 

 

Financial year

10.

The financial year of the Federation shall commence on the 1st day of July each year and terminate on the last day of June of the following year.

 

 

 

 

 

 

 

 

 

 

RULE 11 - LEVIES

 

 

 

 

 

Imposition of levy

11.

The Executive Committee may, for the purpose of providing further benefits for members or of operating a special project, impose a levy upon all members.  If members object to payment of such levy they may refer the matter to a General Meeting.  Before a decision is reached at the General Meeting, members shall be required to pay the levy within the time limit specified in the notice.  Any arrears of levy shall be treated as arrears of subscription under Rule 3.7.

 

 

 

 

 

 

 

 

 

 

RULE 12 - AUDITORS

 

 

 

 

 

Auditors need not be members

12.1

One or more auditors, shall be appointed or elected at the Annual General Meeting.  Her/His appointment is subject to the approval of the Registrar of Trade Unions.  She/He shall serve for a term (same as the Executive Committee) of two years and be eligible for re-appointment or re-election.

 

 

 

 

 

Vacancy of auditor

12.2

In the event of an auditor vacating his office between two Annual General Meetings, the Executive Committee shall have the power to appoint a suitable person to fill the vacancy until the next General Meeting.  The appointment will be referred to the next General Meeting for covering approval.  On obtaining the approval, the appointed person can continue to serve the remaining term of the out-going auditor, if any. 

 

 

 

 

 

Audit of accounts

12.3

The auditor shall audit all the accounts of the Federation 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 Federation, certify as to their correctness or otherwise and make a report to the Annual General Meeting.

 

 

 

 

 

Display of Auditor’s Report

12.4

A copy of auditor’s report shall be conspicuously displayed at the registered office of the Federation.

 

 

 

 

 

 

 

 

 

 

RULE 13 - INSPECTION OF BOOKS

 

 

 

 

 

Inspection of books

13.

Any member of the Executive Committee, member and representative or their authorised agents shall be allowed to inspect the Federation account books, original copy of 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 14 - TRADE DISPUTES

 

 

 

 

 

Industrial action

14.

When a trade dispute arises, in no case shall a stoppage of work take place in the name of the Federation or be threatened to take place without the sanction of the Executive Committee.

 

 

 

 

 

 

 

 

RULE 15 - LEGAL ADVICE OR ASSISTANCE

 

 

 

 

 

Legal advice or assistance

15.

The Executive Committee authorized by the resolution of the General Meeting shall have power to procure legal advice or assistance for any member on any matter connected with the prosecution or defence undertaken for the purpose of securing or protecting any rights of any component trade union as a trade union.

 

 

 

 

 

 

 

 

 

 

RULE 16 - RULE BOOK

 

 

 

 

 

Rules to be printed and made available

16.1

A printed copy of the registered rules of the Federation shall be given free of charge to every member and its representatives.

 

 

 

 

 

 

 

16.2

A copy of these registered rules shall be readily available at the registered office of the Federation for perusal by any members and their representatives.

 

 

 

 

 

 

 

 

 

 

RULE 17 - DISSOLUTION OR WINDING-UP OF THE FEDERATION

 

 

 

 

 

Cancellation of registration of the Federation

17.1

The registration of the Federation may be cancelled by voluntary dissolution, or upon a request by the Federation or by decision of the Registrar of Trade Unions in accordance with the Trade Unions Ordinance.

 

 

 

 

 

Voluntary dissolution

17.2

(a)     The Federation can be dissolved only with the consent of not less than two-thirds of the total number of representatives obtained by means of secret ballot at a General Meeting.  When the Federation is dissolved, the Secretary shall notify the Registrar of Trade Unions to this effect within 14 days thereof;

 

 

 

 

 

Disposal of assets and funds

 

(b)    In the event of the Federation being dissolved or the registration of the Federation has been cancelled on whatever grounds, any surplus assets and funds remaining after the satisfaction of its debts and liabilities shall be disposed of in such manner as decided at a General Meeting.

 

 

 

 

 

 

 

 

 

 

RULE 18 - COMMON SEAL AND CONTRACT

 

 

 

 

 

Common seal

18.1

The Federation 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 Committee.

 

 

 

 

 

Contract

18.2

Any contract or instrument made by the Executive Committee on behalf of the Federation to which the common seal of the Federation is affixed shall be signed by a member of the Executive Committee appointed by the Executive Committee for this purpose and countersigned by the Chairperson, the Treasurer or the Secretary.

 

 

 

 

 

 

 

 

 

 

RULE 19 - DEFINITIONS

 

 

 

 

 

Definitions

19.

In these rules, unless the context otherwise requires :

 

 

 

 

 

 

 

“employer(s)” refers to person(s) or organization(s) to which member(s) of the component trade unions are employed or engaged.

 

 

 

 

 

 

 

“General Meeting” includes Annual General Meeting and Extraordinary General Meeting.

 

 

 

 

 

 

 

“members”, with reference to the Federation, means component trade unions comprising the Federation.

 

 

 

 

 

 

 

“representatives”, with reference to the Federation, means representatives of component trade unions.

 

 

 

 

 

 

 

“members of the Executive Committee” means all persons who constitute the Executive Committee.

 

 

 

 

 

 

 

“office-holder” means any member of the Executive Committee who concurrently holds a designated office in the Executive Committee.

 

 

 

 

 

 

 

“registered” means registered under the Trade Unions Ordinance.

 

“original copy of registered rules” means the copy of rules that bears the certificate of registration issued by the Registry of Trade Unions.

 

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