1.The name of the organisation (which is
referred to below as 'the Forum') shall be The Hong Kong Sustainable
Development Forum.
2.The address
of the Forum shall be c/- Fred Kan & Co., Solicitors & Notaries,
Suite 3104 – 07 Central Plaza, 18 Harbour Road, Wanchai, Hong
Kong or such other address as may be notified from time to time
to the Societies Officer pursuant to the Societies Ordinance (Cap.
151).
3.The objects of the Forum shall be:
Specifically:
(a) To provide the opportunity for
open and informed discussion about sustainable development in Hong
Kong
(b) To assist with and drive government
and private sector policy and strategic management initiatives in
sustainable development
(c) To monitor, evaluate and comment
upon sustainable development initiatives in the private and public
sectors overseas, in Hong Kong and regionally
(d) To collect and disseminate information
on these sustainable development initiatives through written reports,
conferences, seminars, workshops or research work.
And more generally:
(e) For the benefit of the public,
to promote and increase awareness of sustainable development issues
in Hong Kong;
(f) To identify, review and comment
on issues of sustainable development and its application;
(g) To encourage collaboration between
all those interested and concerned with sustainable development;
(h) To collate and disseminate information
relating to sustainable development;
(i) To organise meetings, workshops and seminars on issues
of sustainable development;
(j) to publish newsletters, pamphlets,
reports, leaflets, talks and journals on issues of sustainable development;
(k) to establish working parties and
/or taskforces to examine special interests and issues of sustainable
development;
(l) to
prepare working papers for discussion and to formulate responses
to issues touching on sustainable development and related matters;
(m) to undertake and publish results (where appropriate)
of research grant or project work on sustainable development and
related matters;
(n) to initiate or defend legal action
as may be reasonably necessary and incidental to the achievement
of the provisions of this Article and this Constitution.
4. For the avoidance of doubt it is
expressly stated that nothing this Constitution shall compel, require,
permit or be construed to mean that the Forum when acting in accordance
with Article 3 and this Constitution has entered into any relationship
of adviser and client with any person or any member.
The objectives of the HKSDF will assist in achieving its goals:
Goal
1. Sustainable Development Generally
To bring our mission to fruition in Hong Kong, the HKSDF has endorsed
and adopted a localized version of the Goals of the US President’s
Council on Sustainable Development.
Goal 2: Health And The Environment
Ensure that every person enjoys the benefits of clean air, clean
water, and a healthy environment at home, at work, and at play.
Goal 3: Economic Prosperity
Sustain a healthy Hong Kong economy that develops sufficiently to
create meaningful jobs, reduce poverty, and provide the opportunity
for a high quality of life for all in an increasingly competitive
world.
Goal 4: Equity
Ensure that all Hong Kong citizens are afforded justice and have
the opportunity to achieve economic, environmental, and social well
being.
Goal 5: Conservation Of Nature
Use, conserve, protect, and restore natural resources -- land, air,
water, and biodiversity -- in ways that help ensure long-term social,
economic, and environmental benefits for future generations and
ourselves.
Goal 6: Stewardship
Create a widely held ethic of stewardship that strongly encourages
individuals, institutions, and corporations to take full responsibility
for the economic, environmental, and social consequences of their
actions.
Goal 7: Sustainable Communities
Encourage people to work together to create healthy communities
where natural and historic resources are preserved, jobs are available,
sprawl is contained, neighborhoods are secure, education is lifelong,
transportation and health care are accessible, and all citizens
have opportunities to improve the quality of their lives.
Goal 8: Civic Engagement
Create full opportunity for citizens, businesses, and communities
to participate in and influence the natural resource, environmental,
and economic decisions that affect them.
Goal 9: Population
Move toward stabilization of Hong Kong population.
Goal 10: Regional and International Responsibility
Take a leadership role in the development and implementation of
regional and global sustainable development policies, standards
of conduct, and trade and foreign policies that further the achievement
of sustainability.
Goal 11: Education
Ensure that all Hong Kong citizens have equal access to education
and lifelong learning opportunities that will prepare them for meaningful
work, a high quality of life, and an understanding of the concepts
involved in sustainable development.
Ordinary Membership shall be open to any person aged 18 years and
over or corporate bodies or partnerships duly constituted under
the laws of Hong Kong or any other country, with an interest in
sustainable development issues.
The Executive Committee may in its discretion grant Honorary Life
Membership (Honorary Membership) to any member.
Observer membership shall be open to any person aged 18 years and
over or corporate bodies or partnerships duly constituted under
the laws of Hong Kong or any other country, with an interest in
sustainable development issues.
(a) A person wishing to join the Forum
as a member shall apply in writing, in such form as the Executive
Committee may prescribe, addressed to the Forum at its current address.
The applicant shall also provide to the Executive Committee such
proof in such form as the Executive Committee may require as to
the applicant's eligibility for membership. The applicant shall
also indicate the category of membership she/he/it wishes to be
considered for by the Executive Committee.
(b) The Executive Committee may delegate
its discretion to approve (but not refuse) an application for membership
to an Executive Committee Member who shall be known as the Membership
Secretary.
(c) If an application for membership
is approved, the applicant shall be so advised and will thereafter
become a member of the Forum immediately or, in the a case where
further conditions shall have been required of the applicant by
the Executive Committee, shall become a member after the applicant
has been advised that he/she/it has satisfied these conditions.
The conditions required of the applicant by the Executive Committee
shall be at the discretion of the Executive Committee but such conditions
shall be in accordance with this Constitution.
(d) The Executive Committee may refuse
to grant membership without assigning any reason.
The Forum shall not issue membership cards but the Membership Secretary
shall keep a record of members including the category of membership
applicable to any members and he/she shall update this record from
time to time.
(a) A member may resign from the Forum
at any time by giving written notice to the Secretary or Membership
Secretary as the case may be. The resignation will take effect immediately
upon receipt by the Secretary or Membership Secretary as the case
may be.
(b) A member whose conduct is prejudicial to this Constitution
shall be called before the Executive Committee for explanation.
The Executive Committee shall be empowered to expel any member who
has engaged in such conduct, by a majority vote.
(c) Without prejudice to the generality
of Article 11 (b) members who commit one of the following acts may
be warned verbally or in writing or expelled forthwith from the
Forum by the Executive Committee:
(i) infringement of this Constitution
or of any resolution passed by a General Meeting;
(ii) violation of the Hong Kong criminal
law, for which the member is convicted;
(iii) use of the name of the Forum
in unauthorized, unlawful, indecent or immoral acts;
(iv) use of the Forum's name so as
to impair its reputation.
(d) If the members who have resigned
or are expelled are office bearers in the Executive Committee, they
shall, in addition, vacating their membership also forfeit their
offices automatically.
(a) A member who has resigned may rejoin at any time by reapplying
for membership in accordance with Article 9.
(b) A member who has been expelled
shall not be readmitted except with the consent of a majority of
the Ordinary and Honorary members present at a General Meeting.
Any Ordinary or Honorary member may propose a motion authorizing
re-admittance.
(a) To elect, be elected, propose and vote as detailed in these Articles; and
(b) To enjoy the benefits as set forth in Article 3 of this Constitution.
(a) Observer members shall not have
the right to elect, be elected, propose or vote as detailed in these
Articles;
but
(b) Such members shall otherwise have
the right to enjoy the benefits as set forth in Article 3 of this
Constitution.
To abide by this Constitution and the resolutions passed from time
to time by any General Meeting.
The supreme authority of the Forum shall be vested in the General
Meeting, during the recess of which the Executive Committee shall
be the executive organ.
(a) All meetings whether of members
(General or Extraordinary meetings) or the Executive Committee shall
be conducted on a conciliatory basis and with due respect being
given to each member’s viewpoint and, with the intention that
all members strive in each meeting to achieve consensus in any decision
taken. In particular every meeting shall adopt, foster and implement
the Ten Principles for Consensus Building of the Canadian Round
Table:
Principle 1 - Purpose Driven
People need reason to participate in the process
Principle 2 - Inclusive not exclusive
All groups with a significant interest in the issues should be involved
in the consensus process
Principle 3 - Voluntary Participation
The groups who are interested participate voluntarily
Principle 4 - Self Design
The participants design the consensus process
Principle 5 - Flexibility
Flexibility should be designed into the process
Principle 6 - Equal Opportunities
All participants have equal access to relevant information and the
opportunity to participate effectively through the process
Principle 7 - Respect for Diverse Interests
Acceptance of the diverse values, interests, and knowledge of the
participants involved in the consensus process is essential
Principle 8 - Accountability
The participants are accountable both to their constituencies and
to the process that they have agreed to establish
Principle 9 - Time Limits
Realistic deadlines are necessary throughout the process
Principle 10 - Implementation
Commitment to implementation and effective monitoring are essential
parts of any agreement.
(a) The Annual General Meeting shall
be held in Hong Kong during April each year on a date to be determined
by the Executive Committee.
(b) General Meetings other than the
Annual General Meeting shall be known as Extraordinary General Meetings.
(c) A resolution passed in accordance
with this Constitution shall be binding upon all members.
(a) At such General Meetings, a quorum
shall be constituted by 5 Ordinary members.
(b) In the absence of a quorum, the
meeting shall be adjourned and be convened again within seven days.
For this adjourned meeting, members of the Forum shall be notified
of the meeting in writing at least 24 hours in advance of the meeting.
At this adjourned meeting, any number of Ordinary members present
shall constitute a quorum.
(a) Motions at all General Meetings shall be carried by the
approval of over half of those Ordinary and Honorary members present.
If a tie occurs in voting, the Chairperson of the meeting shall
have a casting vote.
(b) If the Chairperson and Vice-Chairpersons
are absent from a meeting, those Executive Committee Members present
shall elect among themselves a temporary chairperson to preside
over the meeting.
(c) Both Ordinary and Honorary members may vote at a General
Meeting. At the discretion of the Chairperson of the meeting, members
without voting rights may address the meeting.
(d) Voting shall be by show of hands.
(e) A resolution passed at a General
Meeting shall be valid notwithstanding that the vote cast by a member
who shall not have been entitled to vote may have been counted provided
that the majority of the members entitled to vote in favour of a
motion shall have exceeded the number of members not entitled to
vote and alleged to have voted.
The Secretary shall cause notice in writing of a General Meeting
to be sent to every member at the last address he/she has provided
in writing to the Forum for this purpose. Such notice shall:
(a) be inserted in the post or transmitted
by facsimile, telex or Email or any other form of written communication,
at least 15 days in advance of the General Meeting not counting
general holidays or the day of the meeting;
(b) specify the time, the place and
the agenda of the meeting.
The business to be transacted at the Annual General Meeting shall
be to:
(a) read and approve the minutes of the last Annual General Meeting and the minutes of any other General Meeting held thereafter in any one year;
(b) make amendments to this Constitution;
(c) consider and adopt the progress
and financial reports of the Forum;
(d) appoint the Auditor;
(e) ratify acts of the outgoing Executive
Committee as appropriate;
(f) elect the Chairperson and Vice-Chairpersons;
(g) elect the other Executive Committee
Members;
(h) consider any other business.
(a) If necessary, an Extraordinary
General Meeting may be held upon the request of either more than
one-half of the Executive Committee Members or more than twenty
percent (one-fifth) of the Ordinary members of the Forum who shall
submit such a request in written form, bearing their signatures,
to the Chairperson.
(b) Upon receiving such a request,
the Chairperson shall cause the meeting to be held within 15 days.
However, discussions held and resolutions passed at the meeting
shall be confined to those points listed in the request. The regulations
as to notice of the meeting, conduct and voting at the meeting and
the number and category of members who will constitute a quorum
shall be the same as is the case for General Meetings under Articles
18 - 22 respectively.
(a) A person cannot be elected as an Executive Committee Member unless he/she is
first an Ordinary or Honorary member of the Forum.
(b) An Executive Committee comprising ten Ordinary or Honorary members shall be
elected by ballot at the Annual General Meeting and shall hold office until the next
election.
(c) Of the ten members of the Executive
Committee referred to in Article 24(b), the members shall specially
elect one Chairperson and two Vice-Chairpersons and seven additional
Executive Committee members. Members of the Executive Committee
shall elect from amongst themselves and by majority vote a Secretary,
Membership Secretary and a Treasurer. The chairperson shall not
have a casting vote at these meetings.
(d) The Executive Committee may appoint
sub-committees or taskforces for specific purposes. Such sub-committees
or taskforces shall be chaired by any Ordinary or Honorary member
nominated by the Executive Committee and any sub-committee or taskforce
may include co-opted members who are not Ordinary, Honorary or Executive
Committee Members. The Executive Committee shall also nominate one
member of the Executive Committee to serve on each sub-committee
or taskforce and such nominee may, but need not be, the chair of
such sub-committee or taskforce. A sub-committee or taskforce shall
not be empowered to make any commitment, undertaking, commentary
or report (verbal or in writing) for or on behalf of the Forum without
first receiving the approval and authorization of the Executive
Committee.
(e) An Executive Committee Member can
resign his/her office at any time by giving written notice to the
Chairperson or in the case of resignation of the Chairperson, by
giving such notice to one of the Vice-Chairpersons, and such notice
shall take effect forthwith upon receipt by the Chairperson or Vice-Chairperson
as the case may be.
(g) If any Executive Committee Member
vacates his/her office, he/she shall be replaced by one co-opted
by the remaining Executive Committee Members from the Ordinary or
Honorary members until the next Annual General Meeting
(h) The Executive Committee shall hold
regular meetings and extraordinary meetings. Such Executive Committee
meetings may be held whenever the Chairperson or a majority of the
Executive Committee Members deems it necessary and can include such
other members as the Executive Committee deems appropriate
(i) Any sub-committee or taskforce
established under these Articles shall be required to report regularly
to the Executive Committee and members or as required by the Executive
Committee or members in General or Extraordinary Meeting on the
deliberations and work each has undertaken.
(j) The Executive Committee established
under these Articles shall be required to report regularly to members
or as required by the members in General or Extraordinary Meeting
on the deliberations and work it has undertaken.
(k) Members of any sub-committee or
taskforce established under these Articles shall receive reasonable
and advance notification of any meeting of the sub-committee or
taskforce.
(l) Members of the Executive Committee
shall receive reasonable and advance notification of any meeting
of the Executive Committee.
(m) There shall be no quorum requirement
for sub-committee or taskforce meetings.
(n) The quorum of an Executive Committee
Meeting shall consist of half of the Executive Committee Members
elected in General Meeting.
(o) Motions at all Executive Committee
Meetings shall be carried by the approval of over half of those
Executive Committee Members present. If a tie occurs in voting,
the Chairperson of the meeting shall have a casting vote.
(p) Where one half of the Executive
Committee members are not present and so the Executive Committee
in not quorate as detailed in Article 24(n), business of the Executive
Committee can nevertheless be transacted and will be deemed to have
been properly dealt with in accordance with this Constitution where
any motion carried is subsequently ratified by half of the Executive
Committee members either in circulation or at a subsequent Executive
Committee meeting, as the case may be.
(q) Motions at any sub-committee or
taskforce meetings shall be carried by the approval of over half
of those members present. If a tie occurs in voting, the chairperson
of the meeting shall have a casting vote.
(r) The Secretary or her/his nominee shall keep minutes of the Executive Committee meetings.
(s) A person shall be appointed at
each meeting of any sub-committee or taskforce to keep minutes of
the meeting of that sub-committee or taskforce.
(t) All the Executive Committee Members
and any member of any sub-committee or taskforce of the Forum shall
serve gratis. The Executive Committee Members or members serving
on any sub-committee or taskforce of the Forum shall not become
the salaried staff of the Forum, nor shall they receive from it
any remuneration.
(a) The Chairperson, two Vice-Chairpersons
and seven additional Executive Committee members shall be elected
at the Annual General Meeting by a majority vote of those Ordinary
and Honorary members present.
(b) After the election of the Executive
Committee Members, the outgoing Committee shall dissolve immediately
and the out-going office bearers shall hand over their duties to
the new Executive Committee Members within seven days of the date
of the election of the new Executive Committee Members. A list of
the new office bearers shall be submitted by the Secretary to the
Societies Officer within the time limit prescribed by the Societies
Ordinance (Cap. 151).
(c) Nominations for election of the Chairperson and two Vice-Chairpersons
and additional seven Executive Committee members shall be in writing,
signed by two Ordinary or Honorary members and shall be delivered
(by hand, facsimile, telex, Email or any other written form of communication)
to the Secretary no later than seven days prior to the Annual General
Meeting.
(d) The Secretary shall circulate ballot
papers listing the candidates to members at the Annual General Meeting.
(e) Ballot papers shall be returned
to the Secretary at the Annual General Meeting. The Secretary shall
then deliver the ballot papers to two members who shall not be themselves
standing for election and who shall be appointed by the chairperson
to act as scrutineers. The scrutineers shall count the votes and
convey the result to the Annual General Meeting.
(f) The ballot papers shall then be
destroyed by the scrutineers upon the conclusion of the Annual General
Meeting. In the event that the result is queried, the ballot papers
shall be kept until the query has been resolved by members voting
at the Annual General Meeting pursuant to Articles 24 and 25.
(g) A ballot paper shall be valid provided at least one candidate has
been voted for.
(h) In the event that insufficient nominations to fill all of the Executive
Committee places (excluding the places of Chairperson and Vice-Chairpersons) are
received in accordance with the provisions of Article 25(c), those nominated
shall be deemed to have been elected. The Chairperson shall then
call for nominations from the floor at the Annual General Meeting
to fill the remaining places on the Executive Committee (excluding
the places of Chairperson and Vice-Chairpersons). If nominations
from the floor exceed the number of remaining vacancies, balloting
shall be by show of hands.
(i) In the event that insufficient
nominations to fill the places of Chairperson and Vice-Chairpersons
are received in accordance with the provisions of Article 25(c),
the chairperson shall then call for nominations from the floor at
the Annual General Meeting to fill these places on the Executive
Committee. If nominations from the floor exceed the number of these
remaining vacancies, balloting shall be by show of hands.
(j) At the first Annual General Meeting of the Forum, the first Executive
Committee/Founding Members shall retire from office, and at the Annual General
Meeting in every subsequent year one half of the Executive Committee for the
time being shall retire from office.
(k) The Executive Committee Members to retire every year shall be those who have
been longest in office since their last election, but as to those persons who
became Executive Committee Members on the same day, those to retire shall (unless
they otherwise agree among themselves) be determined by lot.
(l) A retiring Executive Committee Member shall be allowed to serve more than
two terms but no such Executive Committee Member shall serve more than two
consecutive terms.
(m) The Forum may from time to time in General meeting increase or reduce the
number of Executive Committee Members, and may also determine in what rotation the
increased or reduced number is to go out of office.
(a) From the formation of the Forum until the first Annual General Meeting held
in accordance with the provisions of this Constitution, the Executive Committee
shall comprise three Founding Members and an Additional Seven Members nominated
by the Founding Members. A Founding Member shall be a person who
has been involved in the formation of the Forum, would be eligible
for Ordinary membership pursuant to Article 6 and who joins as an
Executive Committee Member for the purposes of registration of the
Forum under the Societies Ordinance (Cap. 151)). The Additional
Seven Members shall be a persons who has been involved with the
Forum prior to its registration, would be eligible for Ordinary
membership pursuant to Article 6 and who join the Executive Committee
at the invitation of the Founding Members.
(b) The Founding Members shall appoint the Chairperson, Vice Chairpersons,
Secretary and Treasurer and the initial Executive Committee (of which these office
bearers are a part) and shall confirm its members after registration of the
Forum under the Societies Ordinance (Cap. 151). The initial Executive
Committee shall thereafter conduct the business of the Forum as
if it had been elected in accordance with the provisions of Articles
24 and 25.
(a) to implement the resolutions passed by a General Meeting;
(b) to prepare the budget
(c) to attend to the daily affairs of the Forum;
(d) to decide on the employment, discharge, and salaries of the employees;
(e) to make recommendations to a General Meeting;
(f) to accept any payment, contribution, donation, sponsorship, research projects or grants on behalf of
the Forum as the Executive Committee thinks fit but which does not
contravene this Constitution;
(g) to approve or disapprove membership of the Forum as the case may be;
(h) to authorize expenditure.
(a) The Chairperson shall represent the Forum, direct the
various officers of the Executive Committee in their work, take
overall charge of the work of the Forum and preside over all the
meetings.
(b) The two Vice-Chairpersons shall assist the Chairperson in his/her work and shall
act for him/her when he/she is absent or on leave or has vacated his/her office.
Where the two Vice-Chairpersons each perform duties on behalf of
the Chairperson, these duties shall rotate from one Executive Committee
meeting to the next and one engagement or meeting to the next or
as otherwise agreed between the two Vice-Chairpersons.
(c) The Secretary shall attend to all the secretarial work (except where such
work pertains to membership matters which are dealt with by the Membership Secretary),
keep the seals and documents under safe custody, compile the agenda,
keep and record the minutes of the Executive Committee and General
Meetings.
(d) The Membership Secretary shall attend to all the secretarial work which
relates to the keeping of any records, lists, documents and the like of members
and shall keep such materials under safe custody.
(e) The Treasurer shall take charge of the financial matters of
the Forum.
If necessary, the Forum may take on employees, whose employment, discharge, and salaries shall be decided by the Executive Committee.
The Executive Committee may, subject to the approval of the General Meeting, present letters of commendation to and establish and implement a scholarship or awards for the benefit of those who have offered meritorious services to the Forum or those who will, through or by virtue of the nature of their work, make a significant contribution to Hong Kong and at the same time have advanced the objectives of the Forum as detailed in Article 3.
The funds of the Forum shall comprise:
(a) donations or sponsorships which the Executive Committee
thinks it is appropriate to accept;
(b) research grants, project grants
or other awards or grants in money or monies worth which the Executive
Committee thinks it is appropriate to accept;
(c) surpluses arising from conferences,
social or other functions and activities organised for the benefit
of the members of the Forum.
Funds of the Forum shall be applied solely to meet its recurrent
expenditure or the enterprises stipulated in Article 3 of this Constitution
and shall not be used for any other purpose except as authorised
by the Forum in General Meeting.
There shall be no joining fee required of members falling within
any category of membership in the Forum.
34. Persons accepted as members of the Forum before 1 April 2000 shall be
permitted to remain members until the 31 March 2001 but in all other respects,
these members shall be subject to the provisions of this Constitution.
(a) Donations to and sponsorship of
the Forum shall be encouraged and accepted by the Executive Committee
as it thinks fit provided always that such donations and sponsorship
shall not be encouraged or accepted where to do so would contravene
this Constitution.
(b) Donations or sponsorship already
paid or part thereof whether or not they are paid by members who
withdraw voluntarily or are expelled from the Forum, shall not be
recoverable.
(a) It is acknowledged that from time
to time and in order to best achieve the objectives and goals detailed
in this Constitution, the Forum may wish to engage in research grant
or project work. It is also acknowledged that such research grant
or project work should be undertaken by members of the Forum alone
or in conjunction with some other individuals or institutions. Such
research grant or project work shall be encouraged and accepted
by the Executive Committee on behalf of the Forum as it thinks fit
provided always that such research grant or project work shall not
be encouraged or accepted where to do so would contravene this Constitution.
(b) For the avoidance of any doubt, any research grant or project work shall
be undertaken by the Forum shall be undertaken in the name of the Forum and all
or any payments made to the Forum or required to be paid by the Forum under the
research grant or project work, shall be paid into and paid out
of the bank account(s) of the Forum established and operated pursuant
to Article 38.
(c) Where the Forum undertakes any research grant or project work, the members
of the Forum engaged in such work shall be deemed to be operating as a sub-committee
or taskforce of the Forum and shall have all the obligations, duties
and responsibilities of the members of such a sub-committee or taskforce
as detailed in Article 24.
The Treasurer shall compile the accounts in such form as she/he
thinks fit and shall keep the Executive Committee members advised
of the financial status of the Forum. She/he shall also compile
the annual statement of accounts which shall be submitted to the
Auditor for audit before the Annual General Meeting to which it
shall be presented for adoption.
The funds of the Forum shall be deposited with a bank or banks or
such other financial institutions as shall be designated by the
Executive Committee. Valid cheques of the Forum shall be signed
jointly by the Chairperson and the Treasurer or one of either of
the Chairperson or Treasurer together with either one of the Vice-Chairpersons
or Secretary. Limits of expenditure of the Forum shall be subject
to the control of the Executive Committee.
The financial year of the Forum shall be from 1 April to the next
31 March.
The Auditor, who shall be appointed by the Annual General Meeting,
shall audit all the accounts of the Forum and his/her report shall
be placed before the Annual General Meeting. The Auditor for the
first Annual General Meeting shall be appointed by the Executive
Committee.
41. Any debts of the Forum shall be borne by all the Executive Committee
Members of the Forum for the year in which the debts are incurred.
However, in the case of any research grant or project work being
undertaken by the Forum pursuant to Article 36, all those members
who engage in this grant or work (except that member of the Executive
Committee required to be part of the grant or project by virtue
of Article 24 and who does not also engage in the grant or project)
shall assume personal responsibility and liability for the work
they undertake pursuant to the grant or project and shall not be
entitled to an indemnity or any damages whatsoever from any member
of the Executive Committee. Further, and for the avoidance of any
doubt, each such member engaging in the grant or work hereby acknowledges
and agrees that she/he shall not have any recourse against any member
of the Executive Committee for any loss occasioned under such grant
or work and that this Constitution can be used in evidence and act
as a bar to any such action taken by the member engaging in the
grant or work against the members of the Executive Committee.
42. General This Constitution may be amended by the majority of
Ordinary and Honorary members voting at a General Meeting.
43. No amendment shall be effective until:
(a) where appropriate, approved pursuant to the Societies Ordinance (Cap. 151); and
(b) notice of the amendment has been given in writing to the Ordinary and Honorary members.
(a) The dissolution of the Forum may be resolved upon only by a General
Meeting and, in order to take effect, must be assented to by 10
of the Ordinary and Honorary members of the Forum.
(b) Once the decision pursuant to Article 44(a) has been taken to dissolve
the Forum, the Executive Committee shall convene an Extraordinary
General Meeting to consider such a proposal and to deal with the
matters then arising as if it is approved.
(c) Such an Extraordinary General Meeting shall be convened in accordance
with the provisions of Article 23 and shall be convened not less
than 15 days and not more than 60 days after the passing of the
motion to consider dissolution. To the extent that the provisions
of Article 23 conflict with those in this Article, this Article
shall prevail.
(d) The Forum shall be dissolved if half of the Ordinary or
Honorary members present at the Extraordinary General Meeting approve.
The Executive Committee in office at the time the dissolution is approved
shall remain in office until it is satisfied that the affairs of
the Forum have been properly wound-up whereupon it shall determine
the effective date of the dissolution and the Secretary shall notify
the Societies Officer accordingly.
Any remaining assets of the Forum upon its dissolution shall be donated
to such other organisation or organisations as a majority of the
Ordinary or Honorary members present at the final Extraordinary
General Meeting decide provided always that such donation must be
to a local charitable organisation or organisations.
The Executive Committee shall, upon fixing the effective date of dissolution, notify all persons who are Ordinary and Honorary members at the date of the final Extraordinary General Meeting of that date and supply them with a copy of the Forum's accounts containing details of its final assets.
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