Constitution Amendment Act 2011

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Hong Kong Joint School Electronics and Computer Society

Constitution Amendment Act 2011
(2011 CHAPTER 1)


[29th December 2011]


An Act to amend the Constitution to cope with the New Senior Secondary curriculum.

Be it enacted by the Executive Committee, by and with the advice of the Former Executive Committee members, as follows:

  1. The operation of the Constitution (amended in 2010 CHAPTER 2) shall not be affected, except the amendments stated in this Act.
  2. The Constitution, previously amended in 2010 CHAPTER 2, shall be amended accordingly in this Act.
  3. In Section 1—
    1. after Article 1.1, insert—
    2. Article 1.2: Miscellaneous

      In this Constitution:

      (a) reference to the singular shall, if necessary, include the plural;
      (b) reference to the masculine shall include the feminine; and
      (c) reference to days shall mean calendar days.

      Article 1.3: Interpretation

      In this Constitution, unless the context otherwise specified—

      Term means
      "Alumnus Advisor" Personnel specified in Article 3.4;
      "Annual General Meeting" Meeting specified in Article 5.1;
      "Department" Department of the Sub-Committee, specified in Article 3.3;
      "Executive Committee" Committee specified in Article 3.2;
      "Executive Committee Election" Election programme specified in Article 4.1;
      "Executive Committee Meeting" Meeting specified in Article 5.2;
      "Executive Committee Member" Member of the Executive Committee, specified in Article 3.2;
      "Extraordinary General Meeting" Meeting specified in Article 5.3;
      "Financial Document" Document specified in Article 7.4;
      "Majority" More than half of the attendees with voting rights;
      "Member" Personal Member specified in Section 2;
      "Membership" Personal Membership specified in Section 2;
      "Official Meetings" Meetings specified in Section 5;
      "President" Personnel specified in Article 3.2 (b);
      "Secondary School" School which provides secondary education under Education Ordinance (Cap. 279) of Hong Kong Legislation;
      "Session" Term of office specified in Article 1.6;
      "Society" Hong Kong Joint School Electronics and Computer Society, specified in Article 1.1;
      "Societies Ordinance" Societies Ordinance (Cap. 151) of Hong Kong Legislation;
      "Sub-Committee" Committee specified in Article 3.3 (a);
      "Sub-Committee Member" Member of the Sub-Committee, specified in Article 3.3 (c).
    3. in Article 1.2—
      1. rename the Article as "Article 1.4: Legal Issues"; and
      2. after "the President or Alumnus Advisors.", omit "(Refer to Article 4.4)";
    4. in Article 1.3—
      1. rename the Article as "Article 1.5: Objectives";
      2. in Part (a)—
        1. after "Stimulating", insert "public"; and
        2. for "amongst students" substitute "technology";
      3. in Part (b), after "in these fields" substitute "among different parties in the community."; and
      4. after Part (c), insert—
      5. (d) Encouraging innovative research and invention.
        (e) Promoting friendship and cooperation among students.
    5. rename "Article 1.4: Official Languages" as "Article 1.6: Official Languages"; and
    6. in Article 1.5—
      1. rename the Article as "Article 1.7: Session"; and
      2. substitute—
      3. The Session of the Society shall commence seven (7) days after the Executive Committee Election and terminates at the same occasion in the consecutive year.
  4. Section 2 is repealed.
  5. In Section 3—
    1. rename the Section as "Section 2 — Personal Membership";
    2. in Article 3.1—
      1. rename the Article as "Article 2.1: General Terms"; and
      2. in Part (a), substitute—
      3. All Secondary School students are eligible to join as a Personal Member of the Society.
    3. rename "Article 3.2: Privileges" as "Article 2.2: Privileges"; and
    4. in Article 3.3—
      1. rename the Article as "Article 2.3: Obligations";
      2. remove the Part number "(a)"; and
      3. renumber Parts (a) (i), (a) (ii) and (a) (iii) as Parts (a), (b) and (c) respectively.
  6. In Section 4—
    1. rename the Section as "Section 3 — Structure of the Society";
    2. rename "Article 4.1: Executive Body" as "Article 3.1: Executive Body";
    3. in Article 4.2—
      1. rename the Article as "Article 3.2: Executive Committee";
      2. in Part (a), substitute—
      3. The Executive Committee shall consist of no more than thirteen (13) members, including:

        • one (1) President;
        • no more than two (2) Vice-Presidents;
        • one (1) Internal Secretary;
        • no more than two (2) External Secretaries;
        • one (1) Treasurer;
        • one (1) Human Resources Director;
        • no more than three (3) Public Relations Directors;
        • no more than three (3) Project Directors;
        • no more than two (2) Publications Directors; and
        • one (1) Network Services Director.
      4. in Part (b)—
        1. in Part (b) (i), after the third item, insert "and";
        2. in Part (b) (ii)—
          1. in each of the two items, for "his/her" substitute "his"; and
          2. after the first item, insert "and";
        3. in Part (b) (iii)—
          1. after the third item, insert "and"; and
          2. in the last item, substitute "assist the External Secretary in his duties.";
        4. in Part (b) (iv)—
          1. after the first item, insert "and"; and
          2. in the last item, for "his/her" substitute "his";
        5. in Part (b) (v)—
          1. after the fourth item, insert "and"; and
          2. in the last item, for "financial reports" substitute "Final Documents of the Society";
        6. in Part (b) (vi), after the second item, insert "and";
        7. after Part (b) (vi), insert—
        8. vii. The Public Relations Director shall:

          • Be the head of Public Relations Department of the Sub-Committee;
          • seek sponsorship for events;
          • maintain the relationship between the community and the Society; and
          • be responsible for any public affairs concerning the Society.

          viii. The Project Director shall:

          • Be the head of Project Department of the Sub-Committee;
          • seek and prepare necessary materials and equipments for events;
          • prepare and decorate for events; and
          • arrange venue for events.

          ix. The Publications Director shall:

          • Be the head of Publications Department of the Sub-Committee;
          • be responsible for any publications concerning the Society; and
          • assist the Network Services Director in creating a consistent website layout.
        9. in Part (b) (vii)—
          1. rename the Part as "x. The Network Services Director"; and
          2. in the first item, substitute "Maintain the official website and server of the Society; and";
        10. Part (viii) is repealed;
        11. in Part (b) (ix)—
          1. renumber the Part as Part (xi); and
          2. substitute—
          3. The Executive Committee has the obligation to keep the Society functional in pursuing the Society's Objectives, specified in Article 1.5 of this Constitution.
        12. after Part (b) (ix), insert—
        13. xii. The President may assign duties to Executive Committee Members generally and/or specifically from time to time. The Executive Committee members shall cooperate and report their progress to the Executive Committee.
      5. in Part (c)—
        1. rename the Part as "(c) Appointment of Executive Committee Members"; and
        2. substitute—
        3. i. All Secondary School students from the fourth (4th) and fifth (5th) Forms are eligible to be members of the Executive Committee.

          ii. Specified in Article 4.1, an Election shall be held for the appointments by the Election Committee.

      6. Part (d) and Part (f) are repealed;
      7. in Part (e)—
        1. renumber the Part as Part (d);
        2. in Part (e) (i), for "30" substitute "thirty (30)"; and
        3. in Part (e) (ii), after "an official presidential replacement resolution is made.", insert—
        4. In case of two (2) Vice-Presidents are in terms of office, the first person in ascending order by last name shall succeed in the Session until an official presidential replacement resolution is made.
      8. in Part (g)—
        1. renumber the Part as Part (e); and
        2. substitute—
        3. i. Addition of Executive Committee Members shall be made upon a motion passed by three-fourths of the attendees at an Extraordinary General Meeting.

          ii. Addition is only permitted when the number of incumbent Executive Committee Member is less than the amount specified in Part (a) of Article 3.2 in this Constitution.

    4. in Article 4.3—
      1. rename the Article as "Article 3.3: Sub-Committee";
      2. in Part (a), substitute—
      3. The Society shall form a Sub-Committee, consisting of three (3) Departments:

        • Public Relations Department;
        • Project Department; and
        • Publications Department.

        The term of office of the Sub-Committee shall commence seven (7) days after the appointment and terminates with the end of Session.

      4. in Part (b)—
        1. in Part (b) (iii), in the second item, for "Network Service Director" substitute "Network Services Director"; and
        2. after Part (b) (iii), insert—
        3. iv. The Executive Committee may delegate duties and power to the Sub-Committee.
      5. in Part (c)—
        1. rename the Part as "(c) Eligibility and Appointment of Sub-Committee Members"; and
        2. substitute—
        3. i. All Secondary School students between third (3rd) and fifth (5th) Forms are eligible to be members of the Sub-Committee.

          ii. Specified in Article 4.2, recruitment shall be held for the appointments by the Executive Committee.

    5. in Article 4.4—
      1. rename the Article as "Article 3.4: Alumnus Advisors";
      2. in Part (a), for "18" substitute "eighteen (18)";
      3. in Part (b), for "3" substitute "Three (3)";
      4. in Part (c), for "Executive Committee meetings" substitute "Executive Committee Meetings";
      5. in Part (e)—
        1. for "for one Session" substitute "right after the Alumnus Advisor Election specfied in Article 4.3 of this Constitution and terminate at the same occasion in the consecutive year"; and
        2. after "Extension of the period of office is allowed", insert ", subject to Article 4.3 of this Constitution"; and
      6. in Part (f), for ". (Refer to Article 5.3)" substitute ", specified in Article 4.3 of this Constitution.";
    6. in Article 4.5—
      1. rename the Article as "Article 3.5: Patrons, Honorary Auditors, Honorary Legal Advisors and Honorary Advisors";
      2. in Part (e), for "meetings" substitute "Official Meetings"; and
      3. in Part (f), after "one" insert "(1)"; and
    7. after Article 4.5, insert—
    8. Article 3.6 Advisory Body
      The Honorary Advisors, Honorary Legal Advisors, Honorary Auditors and Alumnus Advisors shall form the Advisory Body of the Society.
  7. In Section 5—
    1. rename the Section as "Section 4 — Election and Recruitment";
    2. in Article 5.1—
      1. rename the Article as "Article 4.1: Executive Committee Election";
      2. in Part (a)—
        1. for "set up for the election" substitute "set up for the Election"; and
        2. after "consisting of" substitute "the incumbent Executive Committee Members and Former Executive Committee Members.";
      3. Part (c) and Part (d) are repealed;
      4. in Part (e)—
        1. renumber the Part as Part (c); and
        2. substitute—
        3. Applicants shall be invited to attend an interview conducted by the Election Committee. The Election Committee shall cast their votes on the applicants, which determine the appointments of the Executive Committee positions. Appointment shall be based on a Majority vote by the Election Committee.
      5. in Part (f)—
        1. renumber the Part as Part (d);
        2. for "his/her" substitute "his"; and
        3. for "find" substitute "elect";
      6. in Part (g)—
        1. renumber the Part as Part (e); and
        2. for "10" substitute "ten (10)";
      7. renumber Part (h) as Part (f); and
      8. after Part (h), insert—
      9. (g) No more than two (2) Executive Committee Members shall be elected from the same school. Any exceptional case must be passed by a Majority vote of the Election Committee.

        (h) Each member of the Election Committee shall have one (1) vote.

    3. in Article 5.2—
      1. rename the Article as "Article 4.2: Sub-Committee Recruitment";
      2. Part (b) and Part (c) are repealed;
      3. in Part (d)—
        1. renumber the Part as Part (b); and
        2. after "conducted by", substitute—
        3. the incumbent Executive Committee. Appointment shall be based on the applicant's academic and extra-curricular performance at school, with the ability to undertake the post assigned.
      4. in Part (e)—
      5. renumber the Part as Part (c); and
      6. substitute—
      7. If any successful applicant shall wish to withdraw his appointment, the Executive Committee shall seek for a suitable candidate to fill the vacancy.
      8. after Part (e), insert—
      9. (d) Appointment shall be based on a Majority vote by the Executive Committee.
    4. in Article 5.3—
      1. rename the Article as "Article 4.3: Alumnus Advisor Election";
      2. in Part (a), after "an Extraordinary General Meeting.", omit "(Refer to Articles 6.1 and 6.3)";
      3. in Part (b), substitute—
      4. At least five (5) votes have to be cast by Former Executive Committee Members.
      5. in Part (c), substitute—
      6. In case of an event with less than four (4) candidates, they shall be elected with the consent of at least half of the electors.
  8. In Section 6—
    1. rename the Section as "Section 5 — Official Meetings";
    2. in Article 6.1—
      1. rename the Article as "Article 5.1: Annual General Meeting"; and
      2. substitute—
      3. (a) The Annual General Meeting shall be held after the appointment of the Sub-Committee, no later than thirtieth (30th) day of November each year.

        (b) The Annual Report shall be received in the Annual General Meeting.

        (c) Evaluation of the previous Session shall be made in the Annual General Meeting.

        (d) Notice of the Annual General Meeting shall be given to the Advisory Body and Former Executive Committee Members. The notice shall be given fourteen (14) days prior to the Meeting.

        (e) The incumbent Executive Committee and Former Executive Committee Members shall form the quorum. At least two-thirds of the incumbent Executive Committee shall be present at the Meeting.

        (f) Each Executive Committee Member and Former Executive Committee Member shall have one (1) vote. Decisions are to be based on a Majority vote.

    3. in Article 6.2—
      1. rename the Article as "Article 5.2: Executive Committee Meetings";
      2. in Part (a), after "called by the President or upon", substitute "a request of at least one-third of the Executive Committee Members.";
      3. in Part (b)—
        1. for "ExCo member" substitute "Executive Committee Member"; and
        2. for "majority vote" substitute "Majority vote";
      4. in Part (c)—
        1. for "ExCo member" substitute "Executive Committee Member"; and
        2. for "14" substitute "fourteen (14)"; and
      5. Part (e) is repealed;
    4. Article 6.3 is repealed; and
    5. after Article 6.3, insert—
    6. Article 5.3: Extraordinary General Meetings

      (a) The Executive Committee may call for an Extraordinary General Meeting at least two (2) days in advance to settle important issues when required.

      (b) The incumbent Executive Committee Members, Former Executive Committee Members and Alumnus Advisors shall form the quorum. At least two-thirds of the incumbent Executive Committee Members and one (1) Alumnus Advisor shall be present at the Meeting.

      (c) Each attendee shall have one (1) vote. Decisions are to be based on a Majority vote. Decisions on Interpretation and Constitution Amendment shall refer to Part (b) of Article 8.2 and Part (b) of Article 8.3 in this Constitution respectively.

  9. In Section 7—
    1. rename the Section as "Section 6 — Discipline";
    2. Article 7.1 is repealed;
    3. in Article 7.2—
      1. rename the Article as "Article 6.1: Termination of Personal Membership"; and
      2. for "issue warnings or to dismiss a member" substitute "terminate a Personal Membership"; and
    4. after Article 7.2, insert—
    5. Article 6.2: Dismissal of Executive Committee Members

      Dismissal of an Executive Committee Member shall be made upon the Executive Committee, by a resolution of three-fourths of the attendees at an Executive Committee Meeting, with a quorum of two-thirds of the Executive Committee.

      Article 6.3: Dismissal of Sub-Committee Members

      (a) The Executive Committee may issue warnings or to dismiss a Sub-Committee member, subject to confirmation by a three-fourths quorum of the Executive Committee, who is found to be guilty of any one of the following:

      i. Violation of the Constitution.
      ii. Committing corruptive acts by using the name of the Society and thereby impairing the reputation.

      (b) A Sub-Committee Member is automatically dismissed after receiving two (2) warnings issued by the Executive Committee.

  10. In Section 8—
    1. rename the Section as "Section 7 — Finance and Assets";
    2. in Article 8.1—
      1. rename the Article as "Article 7.1: Sources"; and
      2. substitute—
      3. The source of the Society's finance shall come from donations, sponsorships, membership fees and application fees.
    3. rename "Article 8.2: Budget" as "Article 7.2: Budget";
    4. in Article 8.3—
      1. rename the Article as "Article 7.3: Usage of Funds and Properties"; and
      2. substitute—
      3. (a) The funds and properties of the Society shall be utilized solely to attain its Objectives.

        (b) A Member may pay out of, or be reimbursed from, the funds of the Society, for reasonable expenses properly incurred by him when acting on behalf of the Society. The Member who wishes to draw money from the Society with this condition must have proper receipts or invoices. When these are not available, the recipient must sign a voucher.

        (c) None of the funds or property of the Society may be paid or transferred directly or indirectly by way of profit to any Member or the Advisory Body of the Society.

    5. in Article 8.4—
      1. rename the Article as "Article 7.4: Financial Documents"; and
      2. substitute—
      3. (a) An Annual Financial Report shall be presented to the Patrons, the Advisory Body and the Executive Committee at the end of the Session.

        (b) The Treasurer shall keep a sufficient record of income and expenditure at all times, including receipts and proper accounting books.

    6. in Article 8.5—
      1. rename the Article as "Article 7.5: Account"; and
      2. in Part (a), after "the name of the Society", insert "according to Article 1.1 of this Constitution";
    7. in Article 8.6—
      1. rename the Article as "Article 7.6: Nature and Extent of Liabilities"; and
      2. substitute—
      3. In case the Society should be involved in any debts or liabilities,

        (a) it shall be the responsibility of the Executive Committee and Sub-Committee of the Session in which the debts or liabilities are incurred to meet such debts or liabilities.

        (b) Alumnus Advisors should be informed immediately after the above circumstance has been confirmed.

    8. after Article 8.6, insert—
    9. Article 7.7 : Domain Name

      (a) The Society's network domain name (jsecs.org, or Domain ID : D106089504-LROR) shall be under mutual control of the incumbent Network Services Director and an Alumnus Advisor.

      (b) No personnel are permitted to transfer the domain name out of the Society's control.

      (c) The incumbent Network Services Director is responsible for renewing the domain name under his term of office.

  11. Section 9 is repealed.
  12. In Section 10—
    1. rename the Section as "Section 8 — Constitutional and Orders";
    2. in Article 10.1—
      1. rename the Article as "Article 8.1: Enforcement of Orders"; and
      2. substitute—
      3. (a) The President shall, in accordance with the provisions of this Constitution, issue orders with Majority vote by the Executive Committee Members in an Executive Committee Meeting.

        (b) Orders are only effective in the current Session.

        (c) Orders that are in conflict with the Constitution shall be null and void.

    3. in Article 10.2—
      1. rename the Article as "Article 8.2: Interpretation"; and
      2. substitute—
      3. (a) When doubt arises, the interpretation of the Constitution shall rest on an Extraordinary General Meeting.

        (b) Interpretation of the Constitution shall be made when it is passed by a resolution of two-thirds of the attendees, including at least one (1) Alumnus Advisor.

    4. in Article 10.3—
      1. rename the Article as "Article 8.3: Amendments"; and
      2. substitute—
      3. (a) The Constitution may be added to, repealed, or amended by the incumbent Executive Committee Members and Former Executive Committee Members.

        (b) Amendments shall be made when it is passed by a resolution of three-fourths of the attendees, including at least one (1) Alumnus Advisor at an Extraordinary General Meeting.

  13. After Section 10, insert—
  14. Section 9 — Dissolution
    Article 9.1: Terms of Dissolution

    The Society shall dissolve upon request of at least three-fourths the attendees at an Extraordinary General Meeting, and unanimous approval from Alumnus Advisors.

    Article 9.2: Disbursement of Funds

    In the event of dissolution of the Society,

    (a) any bank accounts held by the Society shall be dissolved;

    (b) the funds of the society, including cash and any other kinds of properties, shall be donated to The Hong Kong Red Cross, a charitable organization incorporation under the Hong Kong Red Cross Ordinance (Cap.1129) of Hong Kong Legislation.

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