CONSTITUTION OF THE MALAYSIAN ASSOCIATION OF HONG KONG SAR, CHINA
(As amended on 30 October 1998)
TITLE
1. The name of the Association shall be called the Malaysian Association of Hong Kong SAR, China.
ADDRESS
2. The address of the Association shall be at such place as the Association in the General Meeting or Extra Ordinary General Meeting may determine.
OBJECTS
3. The objects of the Association shall be:
(a) To foster closer relationship among Malaysians in Hong Kong.
(b) To provide members, their families and friends opportunities for fellowship, recreation, sporting and social gatherings.
(c) To keep members informed of the latest news and development in Malaysia.
MEMBERSHIP
4. The Association shall consist of the following categories of membership:
(a) Ordinary Members – Citizens of Malaysia normally residing in Hong Kong.
(b) Associate Members – Non-Malaysian citizens normally residing in Hong Kong.
(c) Honorary Members – Persons who, in the opinion of the Executive Committee are worthy of such distinction by reasons of sporting, literary artistic or scientific attainments or other suitable qualifications or who have rendered outstanding services to the Association.
ORDINARY MEMBERS
5. The first ordinary members shall be the persons specified in the First Schedule, who having decided to form themselves into an association more than two days before the commencement of these rules, which will be of retrospective effect for this purpose, and they are in this rule referred to as the founder members. Applications for ordinary membership can be made through the submission of the Association’s official application forms together with the prescribed fees to the Honorary Secretary. Admission to membership shall be determined by the Executive Committee of the Association. No reasons shall be given to any candidate in the event of his rejection.
ASSOCIATE MEMBERS
6. Applications for associate membership can be made through the submission of the Association’s official application forms together with the prescribed fees to the Honorary Secretary. The Executive Committee determines the admission. No reasons shall be given to any candidate in the event of his rejection.
HONORARY MEMBERS
7. Honorary members are elected by the Executive Committee.
APPLICATION FOR MEMBERSHIP
8. Application for membership shall be made on the form prescribed for such purposes by the Executive Committee. It shall be delivered to the Secretary of the Association within 28 days after the proposer and seconder have signed it.
9. No person shall be admitted to ordinary or associate membership (unless he is a founder member) until, having been elected as provided in Rule 5, he shall have paid to the Treasurer all prescribed fees and subscription.
SUBSCRIPTIONS AND ENTRANCE FEES
10.(a) Annual subscription for the calendar year for different categories of membership are as follows:
(i) Ordinary Members – HK$200
(ii) Associate Members – HK$250
(iii) Honorary Members – Free
or such sum as the Executive Committee may from time to time determine.
(b) Entrance Fee – Entrance fees payable to the Association for the different category of memberships are as follows:
(i) Ordinary Members – HK$100
(ii) Associate Members – HK$200
(iii) Honorary Members – Free
The entrance fee for the different categories of membership may be changed from time to time at the discretion of the Executive Committee.
(c) Method of Payment –
(i) Subscription fees due to the Association shall be paid to the Association by 31 March of each calendar year. Cheques made payable to the Malaysian Association of Hong Kong SAR should be crossed and the Treasurer who will acknowledge payment with an official receipt of the Association.
(ii) Any member whose subscription has been outstanding for a period of three months shall be suspended from membership until all dues to the Association shall have been settled. During the period of suspension, he will not be entitled to enjoy the privileges of a member. A suspended member who fails to pay his subscription for a further period of nine months shall automatically cease to be a member and his name shall be removed from the Register of Members. The Association reserves the right to recover either through legal or other channels whatever dues from a member whose membership had been terminated. Any member whose name has been struck off the Register of Members, may re-apply for membership.
RIGHTS OF MEMBERS
11. All members of the Association shall enjoy the following rights:
(a) (i) To use all facilities provided by the Association for its members.
(ii) To attend Annual General and Extra Ordinary General Meetings of the Association.
(iii) To attend functions and activities arranged by the Association.
(iv) To be eligible for membership of sub-committees of the Association.
(b) Only ordinary members may hold office in the Executive Committee and vote at any meeting of the Association.
EXECUTIVE COMMITTEE
12. The Executive Committee shall consist of:
The Chairman
The Deputy Chairman
The Secretary
The Treasurer
and 5 other Ordinary Members.
The Executive Committee shall be elected at the Annual General Meeting. Each elected member shall hold office until the next Annual General Meeting but shall be eligible for re-election.
ELECTION OF EXECUTIVE COMMITTEE MEMBERS
13. (a) Election shall be by secret ballot and held at every Annual General Meeting.
(b)(i) Any two ordinary members of the Association shall be at liberty to nominate any other member to serve as a member of the Executive Committee.
(ii) Nominations shall be made in writing to the Secretary before or orally at the Annual General Meeting.
(iii) If two or more candidates obtain an equal number of votes, the presiding Chairman shall exercise a casting vote.
(iv) Election for the position of Chairman, Deputy Chairman, Secretary and Treasurer shall be conducted individually.
(c) Executive Committee Members-only those 5 members who obtain the highest number of votes shall be returned as Executive Committee members.
(d) In the event of an Executive Committee member being temporarily unable to perform his duties, a substitute may be co-opted by the Executive Committee. If an Executive Committee member is unable to complete his term of office, another Executive Committee member may be likewise coopted.
(e) An honorary auditor and an honorary legal adviser of the Association shall be appointed at the Annual General Meeting. This is done by voting with show of hands.
POWERS AND DUTIES OF THE EXECUTIVE COMMITTEE
14. (a) General management of the Association is vested on the Executive Committee.
(b) It approves ordinary members, associate members and honorary members and suspends the same.
(c) It appoints sub-committees for such purposes as it may deem appropriate.
(d) If may from time to time make, vary and revoke bye-laws (not inconsistent with these provisions) for the regulation of the internal affairs of the Association and the conduct of members, and until revoked all bye-laws shall be binding on the members.
(e) It shall be responsible for carrying out all resolutions of the Association, organising or appointing members to organize activities for the Association.
(f) The Executive Committee shall have full authority to deal with financial transactions and disposal of assets, if any, of the Association. The funds of the Association shall be kept in a Bank and any part of such funds may only be drawn by any two from the list of Executive Committee members, who are approved as bank signatories. The Treasurer shall keep as pretty cash such sums as approved by Executive Committee.
THE CHAIRMAN
15. (a) The Chairman of the Executive Committee shall be the ex-officio of every Committee and if he is absent in any Executive Committee Meeting the Deputy Chairman shall take his place. In the case of a sub-committee, if the Chairman cannot be present, the members present may among themselves elect one to be the Chairman.
(b) In the event of any dispute regarding the interpretation of any clause of the Constitution or any bye-law the decision of the Executive Committee shall be final.
(c) At any meeting of the Executive Committee in the case of an equal decision of votes, the Chairman shall, in addition to his own vote, have a casting vote.
ACCOUNT BOOK
16. A proper book of account shall be kept by the Executive Committee and be made available for inspection on request by members of the Association. The accounts shall be audited annually and shall be presented to the Annual General Meeting for approval.
GENERAL MEETINGS
17. An Annual General Meeting of the Association shall be held annually but there shall not be more than fifteen months between one Annual General Meeting and the next. Notice of the day and time of the Annual General Meeting shall be sent out to all members at least fourteen days before the Meeting.
18. An Extra Ordinary General Meeting of the Association may be summoned at any time by the Executive Committee, and shall be so summoned immediately upon any 20 ordinary members delivering a written request to the Executive Committee. An Extra Ordinary General Meeting shall be summoned by sending out proper notice to all members at least twenty one days before the day appointed for the meeting, but this period may be abridged at the discretion of the Executive Committee if the urgency of the business to be discussed in their opinion so requires.
QUORUM
19. (a) For an Annual General Meeting or an Extra Ordinary General Meeting to conduct any business requiring a vote, a quorum of not less than 30 of the voting members of the Association shall be present subject to Rule 19b.
(b) If at an Annual General Meeting or Extra Ordinary General Meeting, there is no quorum within thirty minutes of the appointed time, the meeting shall be adjourned for two weeks and members shall be so notified in writing within seven days. At the adjourned Annual General Meeting or Extra Ordinary General Meeting any number of voting members present shall constitute a quorum.
(c) Quorum for the Executive Committee Meeting shall be a majority of members of the Executive Committee.
VOTING
20. (a) Ordinary members will have one vote each and shall be eligible for nomination as members of the Executive Committee of the Association. Associate and Honorary Members are neither to vote nor to be nominated as such.
(b) Voting shall be by a show of hands except in the case of electing Executive Members which shall be by secret ballot.
VISITORS
21. Members may introduce and entertain guests at the Association’s functions. The member introducing a guest shall be responsible for his guest strictly observing proper decorum and the Association bye-laws. No person whose membership of the Association has been terminated under Clause 25, or is for the time being suspended under Clause 23 or Clause 10(c)(ii) or whose application for membership has at any time been rejected, shall be introduced as a guest.
CONDUCT OF MEMBERS
22. No betting shall be allowed in the Association. No lottery shall be promoted by any member or officer on behalf of or in any way connected with the Association or with any entertainment or event held by or in connection with the Association without the previous written authority of the Executive Committee.
23. The Executive Committee may suspend the membership of any member whose conduct, is or has been in the opinion of the Executive Committee contrary to the interests of the Association or injurious to its reputation.
24. Immediately upon the suspension under Clause 23 of the membership of any member, the Executive Committee shall:
(a) cause an Extra Ordinary General meeting of the Association to be summoned for a day not later than the twenty-eight day following the suspension; and
(b) give notice to the suspended member at his addresses as last notified to the Secretary under Rule 26 of his suspension, and inform him that if he so desires he may be present at the said Meeting.
25. At any such Meetings any allegations against the suspended member shall be outlined (in his presence if he attends) to the Meeting by a member of the Executive Committee, and the suspended member shall (if he desires) be heard in answer; a reasonable adjournment to enable him to prepare his answer shall be allowed. The decision of the Association at the said Meeting or at any adjourned Meeting whether to reinstate the suspended member or to terminate his membership shall be taken by vote, and such decision shall be final.
NOTICES
26. Each member shall keep the Secretary informed of that member’s private address, or of some other address at which communications may be addressed to him. Nevertheless, it shall not be necessary to send any notice intended for members generally to any member, by post or otherwise, except in the case of the notice convening an Annual General Meeting or Extra Ordinary General Meeting for any of the purposes of Rule 30.
ALTERATION OF RULES (AMENDMENT TO THE CONSTITUTION)
27. The provisions of the Constitution may be revoked, added to or altered by a majority comprising two-thirds or more of the members present and entitled to vote at any Extra Ordinary General Meeting of the Association of which notice has been duly given under Rule 17 or Rule 18 specifying the intention to propose the revocation, addition or alteration, together with full particulars thereof. Amendments to each clause shall be voted upon separately. Such amendments will be effective only upon approval by the Registrar of Societies under s. 8 of the Societies Ordinance Cap. 151 or such statutes as from time to time being enforced to replace the same.
EXCLUSION OF LIABILITY
28. Neither the Association nor any officer thereof shall be liable to any member or guest of a member for any loss of or damage to any property occurring, from whatever cause, nor for any injury sustained by any member or guest at any function organised by the Association.
EXEMPTION FROM REGISTRATION
29. Exemption from registration shall be sought under section 5(l) of the Societies Ordinance Cap. 151 and the Association shall observe and comply with the provisions of the said Ordinance.
DISSOLUTION
30. If the number of ordinary members of the Association shall at any time fall below 20, or if at any time the Association shall pass in an Extra Ordinary General Meeting by a majority comprising 75% or more of the members present and a resolution (in this clause called “the Special resolution”) of its intention to dissolve, the Executive Committee, shall take immediate steps to convert into money all assets of the Association, with power however to postpone or delay the conversion of any particular asset of the Association. Out of the proceeds of such conversion, the Executive Committee shall discharge all debts and liabilities of the Association, including the expenses of such conversion, and any balance remaining in their hands shall be given to any recognised charitable institution as the Executive Committee may decide; and thereupon the Association shall for all purposes be dissolved. A copy of the notice convening any Extra Ordinary General Meeting under this clause shall be sent by the Secretary by post to every member at his address last notified to the Secretary under Rule 26 not less than twenty-one days before the date appointed for the Meeting; but any accidental omission to send such copy or the non-receipt of the same shall not invalidate any proceedings or resolution.
Founder Members
Professor Arthur C.M.C. Yau
Mr. Hwang Yang Choo
Datuk Khoo Siak Chiew
Mr. Lee Huat Cheong
Professor G. B. Ong
Dr. C. C. Chua
Mr. Lim Ooi Kong
Mr. Wong Kim Ling
Dr. Chin Kwan How
Mr. Tan Eng Chuen
Dr. C. L. Ong
Mr. Chan Kok Mun
Mr. Andrew Yeoh
Mr. S. C. Lim
Mr. David Leong