HKART | Constitution

Constitution

RULE 1 - NAME AND OFFICE

Name

1.1 The name of the Union shall be Hong Kong Association of Radiation Therapists (Chinese Version, 香港放射治療師協會) (herein after referred to as the association.

Address

1.2 The registered office and postal address of the association shall be at Planning Section 3/F, Block R, Department of Clinical Oncology, Queen Elizabeth Hospital, Kowloon, H.K. or such other place as may be decided upon by the Executive Committee.

RULE 2 - OBJECTS

Objects

The objects of the asssociation shall be as follows:

2.1 To secure the complete organization in the association of all employees specified in Rule 3.1 (a).

2.2 To obtain and maintain just and reasonable rates of wages, 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 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 association and the employer and to secure the establishment of recognized and permanent machinery for negotiation with the employer.

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

a. monetary assistance for sickness, accident, disablement, distress, unemployment, maternity and retirement;

b. death gratuities and funeral expenses;

c. education expenses;

d. victimization and trade dispute benefits;

e. legal advice and legal assistance in connection with the employment of members.

2.6 To promote generally the material, cultural, social, educational and recreational welfare of the members and their families 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 a general newspaper, journals, books, pamphlets or other publications which may be thought desirable for the promotion of the interests of the association and its members.

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

Qualifications for membership

3.1 (a) The Association is open to all persons who are registered therapeutic radiographers* and employed for performing duties relating to the therapeutic radiography.

*Person admitted to Part I or II (Category T) of the Register of Radiographers under the Radiographers Board, or other relevant registration overseas.

Membership of young persons

3.1 (b) Any young person over the age of 18 years may join the Association. He shall enjoy all the rights and benefits of a voting member provided by the Association. However, no member under the age of 21 years may be an officer of the Association;

Honorary membership

3.1 (c) A voting member who retires from the post of therapeutic radiographer on account of age or ill-health (but not on any other grounds) may, subject to the decision of the Executive Committee, be appointed an honorary member who shall not have the right to vote but may participate in the benefits provided by the Association;

Admission procedures

3.1 (d) An applicant for membership of the Association shall fill in an application form in the first instance. When the application is approved by the Executive Committee, he shall pay the fee and subscription, obtain a membership certificate and became a member of the Association. Any omission from or inaccuracy or misrepresentation in the particulars relating to the applicant shall render his admission voidable at the discretion of the Executive Committee.

Entrance fee and annual subscriptions

3.2 (a) The entrance fee to the Association shall be $50 per person. The annual subscription shall be $100 per person, which shall be payable on admission and thereafter due on the lst day of April every year;

Honorary members

3.2 (b) An honorary member shall not be required to pay annual subscriptions and any other levies as may be decided by the Executive Committee.

Alternation of fees

3.3 The General meeting of the Association shall be the sole authority to alter any fees, subscriptions and contributions.

Reduction of or exemption from payment of subscriptions

3.4 The Executive Committee is empowered, if the Association’s financial position permits, to reduce the annual subscriptions of unemployed members or to exempt such members from payment of the subscriptions, provided that no member shall be exempted from any payment of subscriptions for any period exceeding six months. However, unemployed members shall be required to pay any other levies as may be decided by the Executive Committee.

Members not in the Association

3.5 (a) A member, except honorary member, who has left the employment for performing duties relating to therapeutic radiography or is employed in a different trade, industry or occupation shall cease to be a member;

Temporary employment

3.5 (b) An unemployment member who has found temporary work in a different trade, industry or occupation may be permitted to retain his membership up to a maximum period of six months after obtaining the new job;

No refund of fees paid

3.5 (c) When a person withdraws voluntarily from membership or is dismissed from the Association, all fees and subscriptions previously paid by him shall not be refunded.

Member breaking rules

3.6 All members must abide by the rules and decisions of the Association. Any member breaking the rules of the Association is liable to disciplinary action or expulsion by the Executive Committee (see Rule 7.8). Any member disciplined or expelled may appeal to the General Meeting.

Arrears of subscriptions or levies

3.7 A member who is more than three months in arrears of either subscriptions, contributions or any other levies shall not be a qualified member. He shall not be entitled to the rights and benefits provided by the Association and shall not be entitled to vote on any matter of the Association. A member who is more than six months in arrears with such subscriptions, contributions or levies shall cease to be a member, but he may be reinstated at the discretion of the Executive Committee on payment of all arrears. However, he may only resume his entitlement to the rights and benefits seven days after the settlement of the arrears.

Member’s complaints

3.8 Any member who is not satisfied with the business of the Association, may lodge his complaint with the Executive Committee in writing. The Executive Committee shall not turn down such complaint in any circumstances prior to decision is made and shall summon the complaint to make an account of the matter. The Executive Committee shall be required to give a reply in writing when it considers that such complaint is not acceptable. The member may appeal to the General Meeting if he considers that the Executive Committee has no ground to turn down his complaint.

RULE 4 - CONSTITUTION AND GOVERNMENT

Machinery of Government

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

RULE 5 - ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL MEETING

Date of annual General Meeting of members

5.1 The Annual General Meeting of Members shall be held in the period from April to June every year.

Calling of Extraordinary General Meeting \

5.2 An Extraordinary General Meeting of Members may be called by the Executive Committee or at the request of not less than one fifth of the total number of qualified members of the Association. On receipt of a request from members, the Executive Committee shall arrange to call an Extraordinary General Meeting within three weeks thereof.

Attendance and voting at the General Meeting

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

5.3 (b) Only voting members shall be entitled to vote at the General Meeting of Members; Business of Annual General Meeting

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

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

(b) to consider reports from the Executive Committee and to plan policy and the 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 Association;

(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 Association.

Alteration of rules

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.

Agenda and notice of the General Meeting

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 the qualified members in such a manner as the Executive Committee may decide. No less than seven days notice, the agenda shall be sent to every qualified member for calling the meeting.

Business of Extraordinary General Meeting

5.7 The business of the Extraordinary General Meeting of Members 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 Association is contemplated, such proposed alteration shall be specifically stated in the agenda of the meeting.

Quorum for and decision of General Meeting

5.8 The quorum for any General Meeting shall be formed by not less than one third of the total voting members. 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 General Meeting shall be valid if they are made by a majority of votes of all voting members present constituting a quorum.

Adjourned General Meeting

5.9 If within one hour 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 fourteen 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 Union 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 hour from the 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 Sub-Committee

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 of 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 and office-holders of the Executive Committee;

(b) change in the name of the Association;

(d) federation of the Association with any other trade union federation.

Issue of ballot form

6.3 The Secretary or Sub-Committee appointed by the Executive Committee for the purpose of election or voting work shall be responsible to issue ballot forms and shall issue them only to voting members.

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 sealed ballot box provided by the Executive Committee. The Executive Committee or the Sub-Committee may appoint voting members 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 the voting members. 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 association vested in Executive Committee

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

Composition of Executive Committee

7.2 The Executive Committee shall consist of nine members. They shall be elected biennially from among voting members by secret ballot at the election. The elected members of the Executive Committee shall within fourteen days after the Annual General Meeting elect among themselves by secret ballot a Chairman, a Vice-Chairman, a Secretary and a Treasurer. All Executive Committee Members shall serve for a term of two years and shall eligible for re-election. A list of all the officers and their office titles shall be displayed at the registrated office of the Association.

Meeting and quorum of Executive Committee

7.3 The Executive Committee shall meet at least once every two months, over half of the total number of members of Committee shall form a quorum. With the exception of amalgamation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Union Ordinance or by the rules of the Association, all the 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 on 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 Executive Committee Member 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 Annual General Meeting. In the absence of such candidate, the Executive Committee shall within one month after the vacancy is occurred convene an Extraordinary General Meeting to elect a replacement. If the Executive Committee Member vacating office was 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.

Protection of funds by Executive Committee

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

Paid staff and Sub-Committee

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

Suspension or dismissal of officers

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

Discipline and expulsion of members

7.8 The Executive Committee may give a warning to, or discipline or expel from the Association any member who is proved to its satisfaction to have been guilty of conduct prejudicial to the interests of the Association. Any member warned, disciplined or expelled may appeal to the General Meeting.

Decision 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 Association.

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 officers 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 officers for the record of the Executive Committee.

RULE 8 - OFFICE HOLDERS OF THE ASSOCIATION

Duties of the Chairman

8.1 (a) The Chairman 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;

8.1 (b) With the assistance of the Secretary and the Treasurer he shall superintend the general administration of the Association and shall ensure the observance of the Association rules by all members;

8.1 (c) He shall, in conjunction with the Secretary or the Treasurer, countersign every document of the Association to which the common seal of the Association is affixed as provided under Rule 19.2;

8.1 (d) He shall, in conjunction with the Treasurer, sign cheques or cash withdrawal forms on behalf of the Association.

Duties of the Vice-Chairman

8.2 The Vice-Chairman shall carry out his duties as defined the Executive Committee. In the absence of the Chairman he shall deputise until the Chairman 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 Association in accordance with the rules and shall carry out the instructions of the General Meeting and of the Executive Committee;

8.3 (b) He shall keep the common seal of the Association in a safe custody;

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

8.3 (d) He shall attend all meetings of the Association and shall record the proceedings of the meetings;

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

8.3 (f) He shall, in conjunction with the Chairman, countersign any document of the Association to which the common seal of the Union is affixed as provided under Rule 19.2;

8.3 (g) He shall, in conjunction with the Treasurer, sign cheques or cash withdrawal forms on behalf of the Association.

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 Association and shall keep full and accurate books and accounts with respect to all the transactions conducted in the name of the Association and maintain proper records of the Association’s assets and liabilities. He shall establish and maintain a satisfactory system of control of accounting and transactions records. 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. He shall have the right to speak and to vote on all matters except financial matters. He shall forward the audited annual statement of accounts to the Registrar of Trade Union within three months after the closing of the financial year;

8.4 (b) He shall, in conjunction with the Chairman, countersign any document of the Association to which the common seal of the Association is affixed as provided under Rule 19.2;

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

8.4 (d) He shall, in conjunction with the Chairman or the Secretary, sign cheques or cash withdrawal forms on behalf the Association;

8.4 (e) He shall not keep cash in excess of $1000, and shall deposit all other sums of money in a bank account opened in the name of the Association and appointed by the Executive Committee.

Compensation to officers

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

Financial Security

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

RULE 9 - USE OF FUNDS

Composition of funds

9.1 The funds of the Association shall consist of the General Fund and the Welfare Fund.

Use of the General Fund

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

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

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

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

(e) the payment of subscriptions, fees, contributions or donations to registered trade unions or other lawful associations or combinations established within Hong Kong;

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

(g) the payment for any other lawful purpose approved at the General Meeting.

Creation and use of Welfare Fund

9.3 The General Meeting may authorise 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/or their families for the purpose 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 and social pursuits in the interests of members. It must not be used for General Fund purpose. (Specific rules shall be made before a Welfare Funds is created).

Investment of Funds

9.4 (a) The funds of the Association, 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 voting members at a General Meeting;

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

RULE 10 - FINANCIAL YEAR

Financial year

10. The financial year of the Association shall commence on the 1st day of April each year and terminate on the last day of March of the same 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 the 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, who need not be members of the Association, shall be appointed or elected biennially at the General Meeting. His appointment is subject to the approval of the Registrar of Trade Unions. He shall serve for a term of two years and 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. The appointment will be referred to the next General Meeting for covering approval.

Audit of Accounts

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

Display of Auditor’s Report

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

RULE 13 – INSPECTION OF BOOKS

Inspection of books

13. Any qualified member or his authorised agent shall be allowed to inspect the Association’s 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

14.1 When a trade disputed arise the members 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 General Meeting.

Action for better conditions of employment

14.2 Should any body of members of the Association desire steps to be taken for an increase of wages or for better conditions of employment, the Secretary shall report it to the Executive Committee which shall make proposals to the General Meeting for decision on what action to be taken.

RULE 15 – LEGAL ADVICE OR ASSISTANCE

Legal advice or assistance

15. In pursuance of the object in Rule 2.5 (e) the Executive Committee shall have power to provide legal advice or assistance to any qualified 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 16 – EDUCATIONAL WORK

Education of members

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

RULE 17 – RULE BOOK

Rules to be printed and made available

17.1 A printed copy of these registered rules shall be given free of charge to every person accepted membership of the Association.

17.2 A copy of these registered rules shall be readily available at the registered office of the Association for perusal by any members.

RULE 18 – DISSOLUTION OR WINDING-UP OF THE ASSOCIATION

Cancellation of registration of the Association

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

Voluntary dissolution and request for cancellation

18.2 (a) The Association can be dissolved or may request for cancellation of registration only with the consent of not less than two-thirds of the total number of voting members obtained by means of secret ballot at a General Meeting. When the Association is dissolved, the Secretary shall notify the Registrar of Trade Unions to this effect within 14 days thereof;

Disposal of assets and funds

18.2(b) In the event of the Association being dissolved or the registration of the Association 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 19 – COMMON SEAL AND CONTRACT

Common seal

19.1 The Association 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

19.2 Any contracts or instruments made by the Executive Committee on behalf of the Association to which the common seal of the Association is affixed shall be signed by an officer or a voting member appointed by the Committee for the purpose and countersigned by the Chairman together with the Treasurer or the Secretary.

RULE 20 – DEFINITIONS

Definitions

20. In these Rules, unless the context otherwise requires: -

“General Meeting” include Annual General Meeting of Members and Extraordinary General Meeting of Members.

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

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

“qualified member” means any member either voting or non-voting qualified for membership under the rules of the Association.

“voting member” means any member of the Association entitled to vote for any purposes under the rules of the Association.

HONG KONG ASSOCIATION OF RADIATION THERAPISTS

Constitution