Contents
RULE 1 – NAME AND OFFICE
Name
1.1 The name of the Union shall be HONG KONG RADIOGRAPHERS’ ASSOCIATION”. 香港放射師協會 (hereinafter referred to as the Association)
Address
1.2 The registered office and postal address of the Association shall be at Office D, 32/F, Boton Technology Innovation Tower, 368 Kwun Tong Road, Kowloon, Hong Kong or such other place as may be decided upon by the Executive Committee.
RULE 2 – OBJECTS
Objects
The objects of the Association 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 salaries, hours of work and other conditions of employment, and generally to protect the interests of members.
2.3 To regulate relations and to settle disputes between members and 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 legal advice and legal assistance in connection with the employment of the members or professional registration at the discretion of the Executive Committee.
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 labor, 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 promote legislation in the interest of the Association and its members.
2.10 To promote the international recognition of its members.
2.11 To communication with other professional institutions in Hong Kong and Overseas.
2.12 To make the profession aware to the public.
2.13 To promote the academic activities and continuing education for the profession and to bring up the ethical/technical conduct of the profession in Hong Kong.
2.14 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
Voting Membership
3.1 (a) The Association is open to all persons who are registered radiographer in Hong Kong and are practicing as Radiographers or Radiography related profession.
Membership of young person
(b) No member under the age of 21 years may be an officer of the Association.
Honorary Membership
(c) A voting member who retires from the profession referred to in Rule 3.1(a) on account of age or ill-health (but not on any other grounds) may, subject to the decision of the Executive Committee, be appointed as an honorary member who shall not have the right to vote but may participate in the benefits provided by the Association.
Inaccuracies in application
(d) Every candidate for membership of the Association shall apply in the form prescribed by the Association. Any omission from or inaccuracy or misrepresentation in the particulars relating to the candidate shall render his admission voidable at the discretion of the Executive Committee.
Membership fee and annual subscription
3.2 (a) The annual subscription shall be $60 per person for members of HKART, otherwise $150 per person, which shall be payable on admission and thereafter due on the first day of January every year.
(b) An honorary member shall not be required to pay annual subscriptions but shall continue to pay any other levies as may be decided by the Executive Committee.
Alteration of fees
3.3 Subject to the financial circumstances and/or policy plan of the Association and annual subscription specified in Rule 3.2 can be reduced or increased (maximum ceiling being $500) according to the recommendation of the Executive Committee and subsequent approval of the General Meetings. Members shall be informed of such change of entrance fee and/or annual subscription, if any. The General Meeting of the Association shall be the sole authority to alter any fees, subscriptions and contributions specified in these rules.
Members not in the trade, etc.
3.4 (a) A member who has left the profession referred to in Rule 3.1(a), other than retiring, or is employed permanently in a different trade, industry, or occupation shall cease to be a member.
(b) An unemployed member may be permitted to retain his membership up to a maximum period of six months.
Members breaking rules
3.5 All members must abide by the rules 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
3.6 A member who is more than three months in arrears of either subscription, 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.
No refund of fees paid
3.7 When a person withdraws from membership or ceases to be a member for any reason, all fees, subscriptions, contributions or levies previously paid shall not be refunded.
RULE 4 – CONSTITUTION AND GOVERNMENT
Machinery of Government
4.1 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
5.1 The Annual General Meeting shall be held in the month of June to August, 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 one seventh of the total number of qualified members of the Association.
Attendance and voting at the General Meeting
5.3 (a) All qualified members shall be entitled to attend the General Meeting.
(b) Only voting members shall be entitled to vote at the General Meeting.
Business of Annual General Meeting
5.4 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 of the Executive committee and to plan policy for the future;
(c) to consider and approve the statement of account 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 General Meeting
5.6 The Secretary General, on the instructions 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 14 days notice 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 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 15% 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 all voting members present constituting a quorum.
Proceedings of Adjourned General Meeting
5.9 If the number of voting members present at any General Meeting is insufficient to constitute a quorum, the Executive Committee shall adjourn the meeting for fourteen days; and the Secretary General shall serve a notice for the adjourned General Meeting to all qualified members seven days before the date of the meeting. Whatever the number of voting members present at the adjourned General Meeting shall constitute a quorum. With the exception of such matters as change in the name of the Association, amalgamation or federation 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 resolutions of the adjourned General Meeting shall be valid if they are made by a majority of voting members present at the meeting and such resolutions shall be binding on all members. In the notice calling the adjourned General Meeting, the provisions of this rule shall be reproduced in full for the reference and guidance of all the members.
5.10 The minutes of the General meeting shall be sent by the Secretary General to the members three weeks after the meeting and shall be read and adopted at the following General Meeting.
RULE 6 – ELECTIONS AND SECRET BALLOT
Secret ballot under the authority of the 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.
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;
(c) amalgamation of the Association with any other trade union;
(d) federation of the Association with any other trade union or trade union federation.
Issue of ballot forms
6.3 The Secretary General or any Sub-committee appointed by the Executive Committee for the purpose of issuing ballot forms 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 the 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 twelve to fifteen members, at least four members shall be from each of the two streams: diagnostic and therapeutic, elected biennially by secret ballot at the Annual General Meeting. The elected members of the Executive Committee shall within two weeks after the Annual General Meeting elect among themselves by secret ballot a Chairman, two Vice-Chairmen, one from each of the two streams, a Secretary General and a Financial Secretary. All Executive Committee members shall serve for a term of two years and shall be eligible for re-selection. A list of all the officers and their office titles shall be displayed at the registered office of the Association.
Meeting and quorum of Executive Committee
7.3 The Executive Committee shall meet at least once every three months. Over half of the number of members of the 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 Unions Ordinance or by the rules of the Association, 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 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. If the Executive Committee member vacating his 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.
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.
Appointment and dismissal of paid staff and Sub-Committee
7.6 The Executive Committee shall give instructions to the Secretary General 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. And member of the Executive Committee suspended or dismissed may appeal to the General Meeting.
Discipline and expulsion
7.8 The Executive Committee may 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 disciplined or expelled may appeal to the 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 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.
Power to establish branches
7.11 With the approval of the General Meeting the Executive Committee may establish branches of the Association. (Specific rules governing branch affairs shall be made before a branch is established.)
Appointment of Honorary Advisers
7.12 The Executive Committee may appoint no more than EIGHT persons as Honorary Advisers who should have great contribution to the field of Radiography. The Honorary Advisers shall not have the right to interfere with the administration and affairs of the Association nor have the right to vote. They may be invited to attend meetings for consultation. They shall serve for a term of two year and be eligible for re-appointment.
RULE 8 – OFFICE HOLDERS OF THE ASSOCIATION
Duties of 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 sign the minutes of each meeting after they are approved;
(b) With the assistance of the Secretary General and the Financial Secretary he shall superintend the general administration of the Association and shall ensure the observance of the Association rules by all members;
(c) He shall, in conjunction with the Secretary General and the Financial Secretary countersign every document of the Association to which the common seal of the Association is affixed as provided under Rule 19.2;
(d) He shall, in conjunction with the Financial Secretary, sign cheques or cash withdrawal forms on behalf of the Association.
Duties of Vice-Chairman
8.2 The Vice-Chairmen shall carry out their duties as defined by the Executive Committee. In the absence of the Chairman one of whom, as decided by the Executive Committee, shall deputize until the Chairman returns or until the vacancy is filled in accordance with the provision of Rule 7.4.
Duties of Secretary General
8.3 (a) The Secretary General 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;
(b) He shall keep the common seal of the Association in safe custody;
(c) He shall keep a register of all members;
(d) He shall attend all meetings of the Association and shall record the proceedings of the meetings;
(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;
(f) He shall, in conjunction with the Chairman and the Financial Secretary, countersign any document of the Association to which the common seal of the Association is affixed as provided under Rule 19.2;
(g) He shall, in conjunction with the Financial Secretary, sign cheques or cash withdrawal forms on behalf of the Association.
Duties of Financial Secretary
8.4 (a) The Financial Secretary shall be responsible for the safety of all money and the safeguarding of all investments belonging to the Association and shall keep full and accurate accounts of all transactions conducted in the name of the Association. He shall prepare a financial statement for each meeting of the Executive Committee and shall, as soon after the close of each financial year as possible, prepare an annual statement of account to be audited by the auditor for presentation to the Annual General Meeting. He shall forward the audited annual statement of account to the Registrar of Trade Unions within three months after the closing of the financial year. He shall have the right to speak and to vote on all matters except voting on financial matters;
(b) He shall, in conjunction with the Chairman and the Secretary General countersign any document of the Association to which the common seal of the Association is affixed as provided under Rule 19.2;
(c) He shall give free of charge to every qualified member upon request an audited annual statement of account of all the receipts and expenditures and of the assets and liabilities of the Association;
(d) He shall, in conjunction with the Chairman or the Secretary General, sign cheques or cash withdrawal forms on behalf of the Association;
(e) He shall not keep cash in excess of $2,000 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.
Financial Security
8.5 Any officer whose duties involve financial responsibility shall provide such security as the Executive Committee may require.
RULE 9 – USE OF FUNDS
Composition
9.1 The funds of the Association shall consist of the General Fund.
User of the General Fund
9.2 The General Fund may be used with the authority of the Executive Committee only for the following purposes:
(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 and 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 compensation of members for loss arising out of trade disputes;
(f) the payment of subscriptions, fees, contributions or donations to registered trade unions or other lawful associations or combinations established within Hong Kong;
(g) the payment of fines imposed on the Association for any offence of which it is convicted under the Trade Unions Ordinance or any other ordinances;
(h) the payment for any other lawful purposes approved at the General Meeting;
(i) the payment of expenses for the administration of the Association in Educational Programs of Activities related to Rule 16.
Investment of funds
9.3 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.
RULE 10 – FINANCIAL YEAR
Financial year
10. The financial year of the Association shall commence on the first day of April each year and terminate on the last day of March of the next 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.
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 annually at the Annual General Meeting. He shall serve for a term of one year and eligible for reappointment or re-election.
Vacancy of auditor
12.2 In the event of an auditor vacating his office during the term of office, 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, if any, 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.
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 authorized 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 General or the Financial Secretary, who shall be allowed reasonable time to make the necessary documents available.
RULE 14 – TRADE DISPUTES
Industrial action
14.1 When a trade dispute arises the members concerned shall inform the Secretary General 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 branch or body of members of the Association desire steps to be taken for an increase of wages or for better conditions of employment, the Secretary General 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 the Executive Committee shall have power to provide legal advice or assistance to any qualified member on any matter connected with (a) the prosecution or defense undertaken for the purpose of securing or protecting and rights arising out of the relations of the member with his employer or (b) securing or protecting the rights of professional registration, 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 member through meetings, classes, websites, Apps or a periodical bulletin reporting the activities of the Association. It may publish literature and 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 to every person accepted into 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 member.
RULE 18 – DISSOLUTION
Dissolution
18.1 The Association can only be dissolved with the consent of not less than two-thirds of the total voting members obtained by means of a secret ballot at a General Meeting.
Disposal of assets on dissolution
18.2 In the event of the Association being dissolved, any surplus assets remaining after the satisfaction of all its debts and liabilities shall be disposed of in such manner as decided at a General Meeting.
Notice sent to Registrar of Trade Unions
18.3 When the Association is dissolved the Secretary General shall notify the Registrar of Trade Unions to this effect within 14 days thereof.
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 General, and it shall only be used by the authority of the Executive Committee.
Contracts
19.2 Any contracts or instruments made by the Executive Committee on behalf of the Association to which the common seal of 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 Financial Secretary and the Secretary General.
RULE 20 – INTERPRETATION OF THE RULES
Interpretation
20.1 (a) The interpretation of these rules shall rest with the Executive Committee.
(b) The rules are to be taken as mutually explanatory of one another and to be read as a whole.
Matters not provided for
20.2 Any matters not provided for in these rules shall be referred to and decided upon by the Executive Committee.
RULE 21 – DEFINITIONS
Definitions
21.1 In these Rules, unless the context otherwise requires:
“General Meeting” includes Annual General Meeting and Extraordinary General Meeting.
“members of the Executive Committee” means all persons who constitute the Executive Committee.
“officer” includes any member and office-holder of the Executive Committee.
“office-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 purpose under the rules of the Association.