Monday, July 20, 2009

Constitution/憲章

Constitution of Taichi Club, HKUSTSU

ARTICLE 1: NAME

  1. The name of the organization shall be “Taichi Club, HKUSTSU” in English and “香港科技大學學生會太極學會” in Chinese.
  2. The official languages are English and Chinese and they should enjoy equal status. In case of discrepancy, unless otherwise stated, the English version shall be referred to.
  3. The Club shall only be affiliated to HKUSTSU within HKUST

ARTICLE 2: OBJECTS

  1. The objects of the Club shall be:
    1. To promote Taichi and the related martial arts for the students in HKUST;
    2. To provide welfare for the members of the Club;
    3. To communicate with other Taichi organizations outside the HKUST; and
    4. To introduce a healthy recreation which can relax mental strain and maintain physical strength to all the students in HKUST

ARTICLE 3: MEMBERSHIP

  1. The Club shall consist of the following types of members:
    1. Full Members;
    2. Associate Members; and
    3. Honorary Members.
  1. Only Full Members of HKUSTSU shall be eligible for being Full Members of the Club.
  2. All people, except students stated at Article 3.2 of this Constitution, shall be eligible for being Associate Members.
  3. Anyone who is invited or recommended by the Executive Committee shall become an Honorary Member by a resolution of a General Meeting.
  4. Only members of the Club have the right to attend General Meetings. The Chairperson of the General Meeting shall decide whether to allow observers to observe and give comments in General Meeting.
  5. A Full Member shall be entitled to enjoy all facilities provided by the Club, to take part in all its activities, to attend and vote in all elections, meetings and General Meetings conducted by the Club, to be nominated and to hold office as an office bearer of the Club.
  6. Associate Members and Honorary Members shall be entitled to all the rights and privileges of Full Members, except they shall not have the right of Full Members to vote or to become office bearers of the Club.
  7. All members of the Club shall have the following obligations:
    1. To abide by the Constitution and resolutions of the General Meetings.
    2. To pay the membership fee and the fee is non-refundable.
  1. The validity of membership depends on the University academic year.
  2. The Club shall transfer the membership status of its Full Members who cease to be Full Members of the HKUSTSU into Associate Members.

ARTICLE 4: THE GENERAL MEETING

  1. The ultimate authority in the Club shall be vested in a General Meeting of members.
  2. The date of a General Meeting shall be determined by the Executive Committee. The Executive Committee shall also determine what further business, if any, shall be transacted at the Annual General Meeting in addition to those matters stated in Article 4.5 of this Constitution.
  3. An Annual General Meeting, being a General Meeting of members, shall be held in February, March or April of each year.
  4. The Executive Committee shall give not less than three clear days’ public notice for a General Meeting. The notice shall be in writing and shall specify the date, time and venue of the meeting and the business to be transacted thereat.
  5. The business of the Annual General Meeting shall be:
    1. To consider and if thought fit to approve the agenda of the Annual General Meeting
    2. To consider and if thought fit to approve the minutes of the last Annual General Meeting
    3. To consider and if thought fit to approve the annual report of the Executive Committee
    4. To consider and if thought fit to approve the annual financial report of the Club
    5. To consider and if thought fit to amend this Constitution if necessary
    6. To consider and if thought fit to approve the year plan of the newly elected Executive Committee
    7. To consider and if thought fit to approve the financial budget of the newly elected Executive Committee
    8. Any other business specified in the public notice of the meeting by the present Executive Committee
  1. All decisions made by voting in an Annual General Meeting shall only be recognized if the total number of votes cast is greater than or equal to half of the attendance, except for the amendments in the Constitutions.
  2. In addition to the Annual General Meeting, a General Meeting of members, to be known as an Extraordinary General Meeting, may be convened:
    1. By a resolution of a General Meeting;
    2. By a resolution of the Election Committee;
    3. By a resolution of the Executive Committee;
    4. By the Executive Committee not more than fourteen days on receiving a written requisition signed by not less than one sixth or ten, whenever which is more, of Full Members; or
    5. By the Executive Committee not more than fourteen days on receiving an application for resignation of members of Executive Committee.
  1. Any resolution or requisition to be proposed for an Extraordinary General Meeting shall be written and specified. No other resolution shall be proposed at an Extraordinary General Meeting.
  2. The quorum of a General Meeting shall be one sixth or ten, whenever which is more, of Full Members. If the quorum cannot be formed within one hour, the General Meeting shall be postponed. If the quorum still cannot be formed within one hour in the proposed General Meeting, all attendees shall form the quorum.

ARTICLE 5: PROCEDURE AT GENERAL MEETINGS

  1. The Chairperson of a General Meeting shall be appointed by the Executive Committee or the Election Committee and announced in the public notice of the meeting. If the Chairperson is absent, the Full Members present shall elect one of Executive Committee preside as the president.
  2. The Chairperson may, with the consent of the meeting at which a quorum is present (and shall if so directed by the meeting), adjourned the meeting from time to time and from place to place.
  3. The General Meeting shall be postponed in case of absence of the quorum for not less than an hour. The date of the postponed meeting shall be determined by the Chairperson and the announcement of the postponed meeting shall be made in accordance with this Constitution.
  4. No resolution shall be passed at any General Meeting other than the resolution specified in the notice of meeting. A resolution may be amended with the consent of a majority of Full Members present but no amendment shall be permitted which has the effect of substantially altering the meaning or intent of the original resolution. The Chairperson shall not put to the meeting any amendment which he considers to have such effect.
  5. At any General Meeting a resolution put to the vote of the meeting shall be decided on a show of hands, unless the meeting decides on a procedural motion to vote on the resolution by secret ballot.
  6. Each Full Member shall have one vote at any General Meeting held pursuant to a resolution at a General Meeting. With the exception for matters as stated in this Constitution which have additional requirements, a simple majority shall in all cases be sufficient to carry or defeat a resolution. In the event of an equality of votes, the Chairperson shall have a casting vote.

ARTICLE 6: THE EXECUTIVE COMMITTEE

  1. The Executive Committee shall be elected in election before the Annual General Meeting, shall hold office from the conclusion of the Annual General Meeting in the year of their election until the conclusion of the Annual General Meeting in the following year.
  2. The Executive Committee shall be the administrative body of the Club, unless otherwise ruled by the General Meetings, and shall have the power and responsibility:
    1. To formulate the policies of the Club in accordance with the Club’s objectives.
    2. To implement resolutions of the General Meetings of the Club.
    3. To build up the relationship between the Club and the members.
    4. To represent the members in matters concerning the Club.
    5. To organize all activities of the Club.
  1. Only Full Members of the Club as well as Full Members of HKUSTSU are eligible for being office bearers of the Club.
  2. The Executive Committee shall be composed of:
    1. President
    2. Internal Vice-President
    3. External Vice-President
    4. Financial Secretary


And the following posts could be included whenever necessary:

    1. General Secretary

f. Publication Secretary

g. Promotion Secretary

h. Marketing Secretary

i. Welfare Secretary

j. Information Technology Secretary

k. Internal Secretary

l. External Secretary

  1. Other posts could be included whenever necessary.
  2. Each of the Executive Committee may take at most two posts; however, the President, the Internal Vice-President, the External Vice-President and the Financial Secretary shall not take more than one post.
  3. Duties of individual office-bearers:
    1. The President shall be the chief executive of the Club, represent and be responsible for all affairs of the Club, and convene all Executive Committee Meetings.
    2. The Internal Vice-President shall assist the President in conducting the affairs inside the Club, and shall, in the absence of the President, carry out the duties of the President inside the Club.
    3. The External Vice-President shall assist the President in conducting all affairs outside the Club, communicate and co-operate with any parties outside the Club, and shall, in the absence of the President, carry out the duties of the President outside the Club.
    4. The Financial Secretary shall be responsible for all financial affairs of the Club and, in particular, keep records of all incomes and expenditures of the Club, and prepare the Annual Budget and the Annual Financial Report of the Club.
    5. The General Secretary shall produce minutes of all Executive Committee Meetings, prepare the Annual Report and be responsible for all documents filing.
    6. The Publication Secretary shall be responsible for producing and editing the publications of the Club.
    7. The Promotion Secretary shall be responsible for publicizing the Club and its activities by means such as posters, leaflets and notices.
    8. The Marketing Secretary shall be responsible for contacting organizations or firms so as to look for sponsors for the Club.
    9. The Welfare Secretary shall be responsible for the welfare of the members of the Club.
    10. The Information Technology Secretary shall be responsible for all matters concerning the homepage and all the computer operations of the Club.
    11. The Internal Secretary, who shall assist the Internal Vice-President in carrying out his/her duties of the Club.
    12. The External Secretary, who shall assist the External Vice-President in carrying out his/her duties of the Club.
  1. Executive Committee Meetings:
    1. The President shall have the right to chair Executive Committee Meetings.
    2. The Executive Committee shall meet at least once every month and whenever necessary.
    3. If the President is not present in the meeting, the Internal Vice-President shall take over the duties of the President and act as the Acting President.
    4. The President shall convene a meeting upon requisition of at least three Executive Committee members.
    5. Except the President, at least half of the Executive Committee members shall be present in all Executive Committee Meetings.
    6. Except the President, all Executive Committee members shall be given a vote. Whenever an equal number of votes are cast, the President shall have the casting vote.
    7. All Executive Committee members shall have the right to invite any person to attend the Executive Committee Meetings during which the persons can express their opinions. However, the persons shall not be given any vote.

  1. In addition to the duties stated in Article 6.7 of this Constitution, the members of the Executive Committee shall collectively and individually be responsible for the performance of the duties of the Executive Committee under this Constitution. The President or in his absence the Internal Vice-President shall preside over and coordinate the work of the Executive Committee and individual office bearers.

ARTICLE 7: ELECTION

  1. Nomination of an individual candidate shall be approved by the Executive Committee.
  2. Nomination of Executive Committee for the new session shall be commenced at least two weeks and terminated at least three clear days before the election of the new session.
  3. The nominated Executive Committee shall be in the form of cabinet.
  4. All candidates shall be Full Members of the Club.
  5. Each candidate should only join one nominated cabinet in the Club.
  6. Election shall be done on the polling day in secret ballot and members shall be informed about the details of election through public notices posted three clear days before the polling day.
  7. The total number of valid votes is not less than one-fifth of the Full Members of the Club, else the election shall be declared null and void.
  8. If a cabinet is uncontested, the cabinet shall be declared elected as the new Executive Committee if the total number of votes for the cabinet is greater than the total number of votes against the cabinet.
  9. If there are more than one nominated cabinet, the cabinet shall be declared elected as the new Executive Committee if the total number of votes for the cabinet is the greatest among all nominated cabinet.
  10. If the election is declared null and void, a re-election shall be conducted by Election Committee.
  11. If there is no nomination received, and in case, the re-election is declared null and void, an Annual General Meeting shall resolve the matter.
  12. A formal letter shall be written to the Executive Committee if any nominee decides to resign or if there is any change to the post of the nominated cabinet.
  13. The Executive Committee of the Club should take office immediately after the official announcement made by the President of the present session in the Annual General Meeting until the next Annual General Meeting.
  14. An Election Committee should be formed for the purposes of handling all matters concerning the election.
  15. The Election Committee shall have the following duties:
    1. To conduct the election for the Executive Committee
    2. To receive and handle all the complaints concerning the election of the Club
    3. To declare the result of the election null and void in case of any number of complaints is valid and these complaints substantially affect the result of election
    4. To convene an Extraordinary General Meeting
    5. To conduct re-elections for Executive Committee in the form of what stated in Article 7.1 to 7.9 of this Constitution.
  1. Any complaints or appeals related to the election shall be submitted to the Election Committee in letters, with their identities clearly stated, only before the official announcement of the election result. Reply to complaints by the Election Committee shall be made within 48 hours and investigations shall be carried out afterwards. If the accepted complaint is valid after investigations, the provisional results shall not be regarded as the official result and re-election shall be held. The investigation result shall be announced to all members by public notice.
  2. The Election Committee shall be appointed by the current Executive Committee and shall consist of two members of the current Executive Committee and one Full Member of the Club who is not a member of the current Executive Committee.
  3. Any member who is a member of nominated cabinets in the election concerned shall not be the member of the Election Committee.
  4. The Election Committee shall be dissolved after 24 hours of the conclusion of the election, after 24 hours of the conclusion of re-election or the conclusion of the handling of complaints sent to the Election Committee within 24 hours after the conclusion of the election concerning the election of the Club, whichever is later.
  5. The maximum scale of election expenses of each nominated cabinet is $3000.
  6. Promotion activities are allowed on the election days except body contact or entering the voting area set by the Election Committee.
  7. The Election Committee can issue warnings to the nominated cabinets and may impose penalty on the nominated cabinet, such as suspension of promotion in case of violation of the above regulations occur.
  8. The Election Committee should have the final decision on all rules and regulations regarding the promotion and election complaints.

ARTICLE 8: FINANCE

  1. The financial year of the Club shall follow the session of the Executive Committee.
  2. The balance and proceeds of the previous financial year, the membership fee and the donation of the current financial year shall be spent on the activities and functions of the Club.
  3. An annual financial report shall be prepared and presented by the Financial Secretary in the Annual General Meeting for adoption. It shall include a balance sheet and other financial statements approved by the Executive Committee.
  4. The amount of membership fee shall be specified in the Annual Budget and before taking effect, must be adopted in the Annual General Meeting.
  5. The Club shall not accept or apply for any loan outsides HKUSTSU.

ARTICLE 9: VACATION OF OFFICES

  1. In case of any Executive Committee member wishing to resign, he/she must present a written request of resignation to the Executive Committee of the Club at least one month before the event in which the resignation shall be approved.
  2. Should the President resign, an Extraordinary General Meeting shall be convened to elect a new President and the Internal Vice-President shall act as the Acting President until the new President is elected.
  3. Should any Executive Committee member other than the President resign, an Executive Committee Meeting shall be convened to approve the resignation.
  4. Any vacancy in the Executive Committee other than the President can either be filled by any Full Member of the Club appointed by the Executive Committee, or kept vacant.
  5. A public notice shall be posted within seven days after the approval of any change or resignation of Executive Committee member(s).
  6. The Executive Committee shall be dismissed when half of the Executive Committee’s members resign from office. A General Meeting shall be held to resolve the matter before the dismissal of the Executive Committee.
  7. If either one of the posts of President, Internal Vice-President, External Vice-President and Financial Secretary is vacant for one month, the Executive Committee shall dissolve.

ARTICLE 10: DISSOLUTION OF THE CLUB

  1. Dissolution of the Club shall only be passed by a resolution made in a General Meeting with two third of Full Members supporting the dissolution.
  2. After dissolution, members of the Executive Committee shall be responsible for all matters of the dissolved body.
  3. Notice of dissolution shall be posted in the Official Notice Area within twenty-four hours for not less than seven consecutive days.

ARTICLE 11: AMENDMENT OF CONSTITUTION

  1. No amendment of the Constitution shall be made except at the Annual General Meeting or any Extraordinary General Meeting convened for the purpose.
  2. An amendment to this Constitution shall be made by a resolution of not less than two thirds proportion of supporting quorum or 12 supporting votes, whenever which is more, in a General Meeting.

ARTICLE 12: INTERPRETATION

  1. In this Constitution, unless where the context otherwise requires, the following expressions shall have the following meanings:

“Club” shall mean the “Taichi Club, HKUSTSU”.

“Full Member” shall mean the membership of the Club defined in Article 3.2 of this Constitution

“Executive Committee” shall mean the Executive Committee of Taichi Club, HKUSTSU

“General Meeting” shall mean the Annual General Meeting or the Extraordinary General Meeting.

“HKUST” shall mean the “Hong Kong University of Science and Technology”.

“HKUSTSU” shall mean the “Hong Kong University of Science and Technology Students’ Union”.

“University” shall mean the “Hong Kong University of Science and Technology”.

  1. In this Constitution, unless where the context otherwise requires, the expression “public notice” shall mean the notice published by both email and notice posted on public notice boards in HKUST.

  1. In this Constitution, unless where the context otherwise requires, the plural shall be deemed to include the singular and vice versa and the masculine gender shall be deemed to include the feminine and neuter genders.

The interpretation of the Constitution shall rest with General Meeting, and between successive General Meetings, the interpretation shall rest with the Executive Committee.