
Diocesan Boys’ School Parent-Teacher
Association
CONSTITUTION
(amended 3 July 2005)
1. Interpretation
1.1 In this Constitution, the following
expressions shall have the following meanings unless the context otherwise
requires:-
“Annual General Meetings” annual
general meetings of Members
“Associate Member” associate
member of the Association as referred to in Clause 6.2.4
“Association” Diocesan
Boys’ School Parent-Teacher Association
“Chairperson” chairperson
of the Executive Committee of the Primary or Secondary Division, as the case
may be, elected in accordance with Clause 11.6(i)
“Committees” the
Standing Committee or Executive Committee of either Division
“Constitution” this
Constitution as amended, varied or modified from time to time
“Division” the
Primary or Secondary Division, as the case may be
“Executive Committee” the
Executive Committee of the Primary or Secondary Division, as the case may be
“Ex-Officio Members” the
ex-officio members of the Association as referred to in Clause 6.2.2,
comprising the Headmaster, the Headteacher and all
Teachers
“Extraordinary
General general
meetings of Members other than
Meetings” Annual
General Meetings
“Headteacher” the
Headteacher for the time being of the Primary
Division
“Headmaster” the
headmaster for the time being of the School
“Honorary Adviser(s)” the
honorary adviser(s) to the Standing Committee appointed in accordance with
Clause 19
“Honorary Auditor the
honorary auditor of the Association appointed in accordance with Clause 17
“Honorary Legal
Adviser” the
honorary legal adviser of the Association appointed in accordance with Clause
18
“Honorary Members” the
honorary members of the Association appointed in accordance with Clause 6.2.3
“Honorary Secretary” the
honorary secretary of the Standing Committee elected in accordance with
Clauses 13.5(i) and (ii)
“Honorary Treasurer” the
honorary treasurer of the Standing Committee elected in accordance with
Clause 13.5(iii)
“Immediate Past
Chairperson” the
person who has occupied the position as Chairperson during the term
immediately preceding the term of the current Chairperson
“Immediate Past
President” the
person who has occupied the position as President during the term immediately
preceding the term of the current President. For the avoidance of doubt, the
Chairperson of the Standing Committee for the years 2000-2005 shall be deemed
to be the Immediate Past President for the year commencing 2005
“Members” the
members of the Association comprising the Ordinary Members, Ex-Officio
Members, Honorary Members and Associate Members
“Ordinary Members” the
ordinary members of the Association as referred to in Clause 6.2.1
“Parents” the
parent/guardians of the Students
“President” the
president of the Standing Committee appointed in accordance with Clause 13.4(i)
“Primary Division” the
primary Division of the School
“School” Diocesan
Boys’ School
“Secondary Division” the
secondary Division of the School
“Secretary” the
secretary of the Executive Committee of the Primary or Secondary Division, as
the case may be, elected in accordance with Clause 11.6(iii) and (iv)
“Standing Committee” the
standing committee of the Association
“Students” the
students for the time being enrolled in and studying at the School
“Teachers” the
teachers for the time being of the School
“Treasurer” the
treasurer of the Executive Committee of the Primary or the Secondary
Division, as the case may be, elected in accordance with Clause 11.6(v)
1.2 Unless
the context otherwise requires, words importing the masculine gender only
shall include the feminine gender and the neuter gender and vice versa.
2. Name
The
name of the Association shall be “Diocesan
Boys’ School Parent-Teacher Association 拔萃男書院家長教師會”.
3. Address
The address of the Association shall be Diocesan Boys’ School, 131 Argyle Street, Kowloon, Hong Kong.
4. Objects
4.1 The objects
for which the Association is established are:-
(i)
to promote home-school
co-operation and better home-school relations; and
(ii)
to facilitate communication
and exchange of views among Parents, Teachers, Students, management and
administration in matters of mutual concern and to foster a concerted effort
in improving the welfare of students and the School.
5. Divisions
The Association shall
have two (2) Divisions – a Primary and a Secondary Division.
6. Eligibility
of Members
6.1 The number of
Members is unlimited.
6.2 There shall
be four (4) categories of membership and their eligibility criteria are:-
6.2.1 Ordinary
Members
(i) Ordinary
membership shall comprise of Ordinary Members of both the Primary and Secondary
Divisions. All Parents of Students
in the Primary Division are eligible to become Ordinary Members of the
Primary Division. All Parents of
Students in the Secondary Division are eligible to become Ordinary Members of
the Secondary Division. Provided
that regardless of the number of sons a family have and who are Students at
the Primary Division and/or the Secondary Division, each family shall be
entitled to not more than one (1) Ordinary Membership for each Division.
(ii) Each eligible Parent shall
apply to become an Ordinary Member of either the Primary and/or Secondary
Division, as the case may be, by completing the application form of the
relevant Division.
6.2.2 Ex-Officio
Members
The Headmaster, Headteacher and all the Teachers shall automatically be
Ex-Officio Members.
6.2.3 Honorary
Members
Any member of the
Association, former supervisor, former Headmaster, former Headteacher,
former deputy Headmaster, former Teacher, and former members of the Committees,
and other persons who have contributed significantly to the well being of the
School or the Association may be appointed as an Honorary Member with the
approval of a majority of the members of the Standing Committee.
6.2.4 Associate
Members
Any previous Ordinary
Member or Ex-Officio Member can apply to become an Associate Member of his
specified Division when he / she ceases to be
eligible for Ordinary membership or Ex-Officio membership. Associate Members shall not be entitled
to vote but shall be notified of, and have a right to respectively
participate and attend, activities and meetings with respect to his specified
Division and Annual General Meetings.
6.3 Application for
membership shall be made in such form provided by the Honorary Secretary as
the Standing Committee may from time to time prescribe.
7. Membership
Fees
7.1 Unless otherwise
provided, all Parents joining as Ordinary Members on or after September 2005
shall pay a one-off membership fee per family for each Division.
7.2 The
one-off membership fee for Parents of the Primary Division who shall be
joining as Ordinary Member on or after September 2005 shall be as follows:-
Primary Amount
(HK$)
One/Two $500
Three $400
Four $300
Five $200
Six $100
7.3 The
one-off membership fee for Parents of the Secondary Division who shall be
joining as Ordinary Member on or after September 2005 shall be as follows:-
Secondary Amount
(HK$)
One $500
Two $400
Three $300
Four $200
Five and above $100
7.4 Those Ordinary
Members whose sons are admitted to the Secondary Division prior to September
2005 shall elect either to pay a one-off membership fee in accordance with
the schedule in Clause 7.3 or continue to pay an annual membership fee of
$100.
7.5 Membership fee shall
be permanently exempted for the following categories of members:-
(i)
Ex-Officio Member
(ii)
Honorary Member
(iii)
Associate Member
7.6 The annual membership
fee shall cover a period of twelve (12) months beginning from the first day
of each academic year and is payable in advance within two (2) weeks after
joining the Association and thereafter on the first day of each academic year
of the School.
7.7 The one-off membership
fee for the Primary Division shall cover a period ending on the day the Student
leaves the Primary Division. The one-off membership fee for the Secondary
Division shall cover a period ending on the day the Student leaves the
School. Provided that for a
family with Students simultaneously studying in the same Division, the family
will only be required to pay the membership fee once to cover the period
until the younger Student from a family leaves the Primary Division or the
School, as the case may be. For
the avoidance of doubt, a family will have to pay the membership fee for each
Student if the Students in such family are not studying in the same Division
simultaneously.
8. Rights
and Obligations of Members
8.1 All
Ordinary Members and Ex-Officio Members of the Secondary and Primary
Divisions are eligible to elect and to be elected as members of the Executive
Committee of the Secondary or Primary Divisions, as the case may be and to
propose, second or vote, in addition to other general rights and privileges. For
the avoidance of doubt, and subject to Clause 12.2, an Ordinary Member having
membership in both Divisions may only choose to stand for candidacy in one
(1) Division and be elected as members of the Executive Committee of such
Division.
8.2 Honorary
Members and Associate Members are not entitled to elect or to be elected as
members of any Committee or to have any voting rights in respect of any
decision of the Association.
8.3 All Members are
entitled to participate in the general meetings of the Association, and to be
invited to participate in other meetings called by any Committee.
8.4 The
rights and privileges of every Ex-Officio Member, Honorary Member and
Associate Member shall be personal and shall not be transferable or
transmissible by his own action or by operation of law, and shall cease upon
his ceasing to be a Member through whatever cause. The rights and privileges of every
Ordinary Member shall be attached to a Parent and shall be transferable to
another Parent of the same Student upon giving prior written notice to the
Association.
8.5 All
Members shall fulfill the following obligations:-
(i)
To
abide by the Constitution;
(ii)
To
abide by the resolutions of the Committees and the Association in general meetings;
and
(iii)
To
pay membership fees.
8.6 Members are not
obliged to make any donations or provide any financial assistance to the
Association. Members are free to donate money or other property to the
Association and/or either Division for the furtherance of the objects of the
Association and/or the relevant Division or to subsidize activities that will
benefit the School and the Students. All donations and financial assistance
of any kind to the Association and/or any Division shall be subject to the
approval of the relevant Committee, and in case of non-acceptance, the relevant
Committee is not bound to tender any reason therefor.
8.7 The Association shall
not refund any fees or funds previously paid by any Member to the
Association.
9. Resignation
and Disqualification of Members
9.1 A Member shall cease
to be a Member if he resigns by giving one (1) month’s notice in writing to
the relevant Executive Committee, such resignation to take effect as at the
expiration of such notice or on such earlier date as the relevant Executive Committee
may determine.
9.2 The membership of a Member
shall be cancelled if the Standing Committee is satisfied that sufficient
evidence has been adduced to prove one of the following circumstances:-
(i)
when the Member is in breach
of the Constitution; or
(ii)
when the Member has acted in
such a way that the property of the Association is endangered or is
jeopardized; or
(iii)
if he is found to be lunatic
or becomes of unsound mind; or
(iv)
acts in a way that is or is
likely to be detrimental or prejudicial to or jeopardizes the name, reputation,
rights and interest of the Association; or
(v)
makes default in the payment of any fee or money due to the Association
when duly notified.
9.3 The decision of the Standing
Committee as to the cancellation of membership of a particular Member shall
be final and conclusive. However,
the particular Member shall have an opportunity of putting forward his defence to the Standing Committee.
9.4 Any Member who shall,
through whatever cause, cease to be a Member shall nevertheless remain liable
for and shall pay to the Association all moneys which at the time of his
ceasing to be a Member may be due by him to the Association and shall return
or cause to be returned to the Association all property and effects of or
belonging to the Association which may be in his possession. No refund of the membership fees or
any part thereof shall be made by the Association to a Member on termination
of his membership for whatever reason.
10. General
Meetings
10.1 The
Association shall in each year hold a general meeting as its Annual General
Meeting in addition to any other meetings in that year, and shall specify the
meeting as such in the notices calling it. All general meetings other than Annual
General Meetings shall be called Extraordinary General Meetings. The Annual General Meeting shall be
held at such time and place as the Standing Committee shall appoint.
10.2 The business
of the Annual General Meeting shall be :
(i)
to approve the minutes of the
last meeting;
(ii)
to receive the President’s
report and reports of the Chairpersons of both Divisions;
(iii)
to examine and approve
the Financial Reports of the
Association and those of the Divisions respectively; and
(iv) to elect members of the Executive Committee of each of the
Primary and Secondary Division (except for the first Executive Committee) in
the place of those retiring.
10.3 The Honorary
Secretary shall give at least fourteen (14) days’ notice specifying the
place, the date and the hour of meeting, and in the case of special business
the general nature of such business, to Members. Provided that with the passing of an
ordinary resolution by a majority of the Members entitled to receive notice
thereof, a meeting may be convened by such notice and in such manner as those
Members may think fit. The
accidental omission to give notice of a meeting to, or the non-receipt of
such notice by, any such Member shall not invalidate any resolution passed,
or proceeding conducted, at any meeting.
10.4 No business
shall be transacted at any general meetings unless a quorum is present when
the meeting proceeds to business.
The quorum for all general meetings shall be not less than sixty (60) Members,
or one-tenth (1/10) of the total number of Ordinary Members and Ex-Officio
Members for the time being (whichever is lesser), having a right to vote at
general meetings present in person. At all general meetings a resolution
put to the vote of the meeting shall be decided either by:-
(i) a
show of hands by Members present in person and entitled to vote; or
(ii) at the discretion of the President, secret ballot.
10.5 All
resolutions passed at the general meetings shall not be inconsistent with the
objects of the Association.
10.6 If within
half an hour from the time appointed for the holding of a general meeting a
quorum is not present, the meeting, if convened on the requisition of Members,
shall be dissolved. In any other
case it shall stand adjourned.
The adjourned general meeting shall be convened with at least fourteen
(14) days’ notice given by the Honorary Secretary within one (1) month after
the first meeting, at the same time and place, or at such other place as the President
shall appoint, and if at such adjourned meeting a quorum is not present
within half an hour from the time appointed for holding the meeting the Members
present in person shall be a quorum.
10.7 The President
shall, on the written requisition of the number of Members not less than the
number as required to form a quorum as mentioned in Clause 10.4 above,
proceed duly to convene an Extraordinary General Meeting within thirty (30)
days from the day of receipt of the written requisition. The requisition must state the objects
of the meeting and must be signed by the requisitionists.
Only matters pertaining to such
objects will be discussed at the said meeting. Alternatively, at the request of two-third
(2/3) of the members of the Standing Committee, the Association can also
proceed to convene an Extraordinary General Meeting.
11. The Executive
Committees
11.1 The
Association shall have two (2) Executive Committees representing the Primary
and Secondary Division respectively.
11.2 Each
Executive Committee shall manage the business of its own Division and shall
pay all such expenses for, and preliminary and incidental to, the activities
of such Division as it thinks fit, and may exercise all such powers of the
Division and do on behalf of such Division such acts as may be exercised and
done by the Division, and as are not by the Constitution required to be
exercised or done by the Association in general meeting.
11.3 The
Executive Committee of the Primary Division shall have twenty (20) members
consisting of twelve (12) Ordinary Members, seven (7) Ex-Officio Members and
the Immediate Past Chairperson. One
(1) Ex-Officio Member shall be the Headmaster. One (1) Ex-Officio Member shall be the
Headteacher.
Two (2) Ex-Officio Members shall be elected by the Ex-Officio Members
of such Division. Three (3)
Ex-Officio Members shall be appointed by the Headteacher.
11.4 The
Executive Committee of the Secondary Division shall have sixteen (16) members
consisting of ten (10) Ordinary Members, five (5) Ex-Officio Members and the
Immediate Past Chairperson. One
(1) Ex-Officio Member shall be the Headmaster. Two (2) Ex-Officio Members shall be
elected by the Ex-Officio Members of such Division. Two (2) Ex-Officio Members shall be
appointed by the Headmaster.
11.5 The Ordinary
Members and Ex-Officio Members of the Executive Committee are representatives
of the respective Ordinary or Ex-Officio Members of the relevant Division.
11.6 The members
(excluding the Immediate Past Chairperson) of the Executive Committee shall
elect, amongst themselves, the following office bearers of the respective
Executive Committee:
(i) One
Chairperson who shall be an Ordinary Member himself
(ii) One
Vice –Chairperson who shall be an Ordinary Member himself
(iii) One
Secretary (Chinese Language)
(iv) One Secretary (English Language)
(v) One Treasurer
11.7 The
following members of the Executive Committee shall be appointed as office
bearers:-
(i)
the Headmaster shall be a Vice-Chairperson for both
Divisions
(ii)
the Headteacher
shall be a Vice-Chairperson for the Primary Division
(iii)
the Immediate Past Chairperson of each Division who shall serve until
the expiry of the term of the relevant Chairperson. Provided that the Immediate Past
Chairperson shall not have any voting right in respect of any decision of the
Executive Committee.
11.8 Each Executive Committee shall
hold at least three (3) meetings every year. No business shall be transacted
at any meeting of the Executive Committee unless a quorum is present at the
time when the meeting proceeds to business and continues to be present until
the conclusion of the meeting. Not less than one-half (1/2) of the members of
the relevant Executive Committee present shall constitute a quorum.
11.9 The term of office of a member of
the Executive Committee shall be one (1) year and a retiring member of the
Executive Committee shall be eligible for re-election.
11.10 The Chairpersons of both Executive Committees
shall not hold office as Chairperson of the relevant Division for more than
three (3) years, whether consecutively or intermittently. Provided that if approved by a
majority of the members of the Standing Committee, the term of the
Chairperson of the Secondary Division may be renewed for another term of
three (3) years or less.
12. Election
of the Ordinary Members of the Executive Committees
12.1 Immediately
after the Annual General Meeting, the Ordinary Members of each Division shall
separately assemble in venues designated by the President to elect their
respective Ordinary Members of the Executive Committee.
12.2 Subject to
Clause 12.5, each grade in the Primary Division shall have at least two (2)
candidates to stand for election for Ordinary Member of the Executive
Committee of the Primary Division.
Ordinary Members of the Primary Division shall be seated in accordance
with their grade. Ordinary Members shall only be entitled to vote for
candidates from their own grade and shall vote for not more than two (2)
candidates. Those Ordinary
Members having sons in different grades shall choose from among such grades
one grade in which they would like to cast their votes. Two (2) candidates having the highest
votes from each of the six (6) grades shall be elected as Ordinary Members of
the Executive Committee.
12.3 Each
Ordinary Member of the Secondary Division shall vote for the Ordinary Members
standing for election. The ten
(10) candidates having the highest votes shall be elected as Ordinary Members
of the Executive Committee of the Secondary Division.
12.4 Candidates
standing for election for Ordinary Member of the Executive Committee shall
declare any pecuniary or other personal interest, direct or indirect, which
will conflict with the proper performance of his duties as a member of the
Executive Committee, if elected.
12.5 If there is
only one (1) or two (2) candidates standing for election in a particular
grade, then it is unnecessary to conduct election for that particular grade
and all candidates from that grade will be automatically elected. Any vacancy resulting from none or
insufficient candidate from a grade shall not be filled.
13. Standing
Committee
13.1 The business
of the Association shall be supervised by the Standing Committee who may pay
such expenses of, and preliminary and incidental to, the promotion,
establishment and registration of the Association as they think fit, and may
exercise all such powers of the Association, and do on behalf of the
Association such acts as may be exercised and done by the Association, and as
are not by the Constitution required to be exercised or done by the
Association in general meeting.
13.2 The Standing
Committee shall have seventeen (17) members consisting of the Immediate Past
President, ten (10) Ordinary Members and six (6) Ex-Officio Members. Save and except for the Immediate Past
President, who may or may not be a Member, all members of the Standing Committee
must be Ordinary or Ex-Officio Members.
13.3 The
seventeen (17) members of the Standing Committee shall comprise of the six
(6) office bearers (excluding the Headmaster and the Immediate Past Chairman)
of the Primary Division and the six (6) office bearers (excluding the
Immediate Past Chairman) of the Secondary Division, one of the two (2)
representatives of Teachers elected by all the Teachers of the School, one of
the two (2) Teachers appointed by the Headmaster or Headteacher
of the Secondary and Primary Division respectively and the Immediate Past
President.
13.4 The Standing
Committee shall have eight (8) office bearers. The following members shall be
appointed as office-bearers:-
(i)
the Chairperson of the
Executive Committee of the Secondary Division shall be the President
(ii)
the Headmaster shall be a
Vice-President
(iii)
the Headteacher
shall be a Vice-President
(iv)
the Chairperson of the
Executive Committee of the Primary Division shall be a Vice-President
(v)
the Immediate Past President who shall serve until the expiry of the
term of the President. Provided
that the Immediate Past President shall not have any voting right in respect
of any decision of the Standing Committee.
13.5 The members (excluding the
Immediate Past President) of the Standing Committee shall elect, amongst
themselves, the following office bearers:
(i)
One (1) Honorary Secretary
(Chinese Language)
(ii)
One (1) Honorary Secretary
(English Language)
(iii)
One (1) Honorary Treasurer
Provided that one (1)
Honorary Secretary shall be from the Primary Division and one (1) Honorary
Secretary shall be from the Secondary Division.
13.6 The Standing
Committee shall hold at least three (3) meetings every year. No business
shall be transacted at any meeting of the Standing Committee unless a quorum
is present at the time when the meeting proceeds to business and continues to
be present until the conclusion of the meeting. Not less than one-half (1/2)
of the members of the Standing Committee present shall constitute a quorum.
13.7 The term of
office of a member of the Standing Committee shall be one (1) year and a
retiring member of the Standing Committee shall be eligible for re-election.
14. Additional
Powers and Proceedings of the Executive and Standing Committees
14.1 A Committee
shall have power at any time, and from time to time, to appoint any Ordinary
Member as its member to fill a casual vacancy (save and except for casual
vacancies in the representatives of the Ex-Officio Member and the Teachers
which shall be respectively appointed by the Headmaster or the Headteacher, as the case may be, and re-elected by all
the Teachers). Any Ordinary
Member so appointed to fill such a vacancy of a Committee shall be subject to
retirement as if he had become a member of the relevant Committee on the day
on which the member who was replaced was last elected.
14.2 A Committee
is empowered to appoint additional co-opt Members as members of its
sub-committees on such special subjects for such period and subject to such
conditions as it may think fit.
14.3 In the case
of an equality of votes, the Chairperson of the Executive Committee of each
Division or President of the Standing Committee shall be entitled to a
further or casting vote in addition to the vote (if any) to which he may be
entitled as a Member.
14.4 The title of
office bearers in the Committees are honorary.
14.5 The position
of a member of any Committee shall be ipso facto vacated:-
(i)
if, in the reasonable opinion
of the relevant Committee he is no longer a fit and proper person to be such
member; or
(ii)
if he passes away; or
(iii)
if he be found lunatic or
becomes of unsound mind; or
(iv)
if by notice in writing to
the relevant Committee, he resigns his office; or
(v)
if a resolution to remove him has been passed by a majority of the
members of the relevant Committee, voting in person by hand or by secret
ballot.
(vi)
if he is guilty of any act of
dishonesty, grave misconduct or willful default or willful neglect in the
discharge of his duties hereunder; or
(vii)
if he becomes permanently
incapacitated by illness or other like causes so as to prevent the member
from performing his duties and obligations hereunder; or
(viii)
if he is convicted of any
criminal offence (other than traffic offence or an offence which in the
reasonable opinion of the relevant Committee does not affect his position as
a member); or
(ix)
if his membership as a Member
is cancelled in accordance with Clause 9.2; or
(x)
if he is removed as a member of the relevant Committee in accordance
with Clause 14.6.
14.6 The Association
may by a special resolution passed by over two-third (2/3) of the Members
present at a general meeting remove any member of a Committee before the
expiration of his term of office.
14.7 If a vacancy
is created under any of the circumstances described in Clause 14.5, it may be
filled as a casual vacancy in accordance with Clause 14.1.
15. Finance
15.1 Any fund,
income and property of the Association, whencesoever
derived, should be applied solely towards its regular expenditures,
activities and matters stipulated under its objects and the promotion of the
objects of the Association as set forth in this Constitution.
15.2 The Honorary
Treasurer shall report on the financial situation of the Association at the
Standing Committee’s meetings or the Annual General Meetings. The Treasurers
of the respective Executive Committees shall report on the financial
situation of the Primary or Secondary Division, as the case may be, at the
meetings of the Executive Committees and, at the request of the Standing
Committee, at the Standing Committee’s meetings or the Annual General
Meetings.
15.3 Subject to
Clause 15.5, the Committees are empowered to grant at their absolute
discretion any sums of money from the funds of the Association and /or the
Division, as the case may be, to the School for the purposes of granting
scholarships, prizes, or other purposes incidental thereto or to the objects
of the Association, and the governing body of the School is entitled to use
such funds as it thinks fit.
15.4 The Association
shall open three (3) accounts – one for itself and one for the each of the
Divisions. The Association’s
banking account shall be kept with such banker or bankers as the Standing
Committee shall from time to time determine. Cheques of the
Association, until otherwise from time to time resolved upon by the Standing
Committee, shall be signed by at least any two (2) of the President, the Vice-President,
the Honorary Treasurer and an Ex-Officio Member nominated by the
Headmaster. Cheques
on each Executive Committee, until otherwise from time to time resolved upon
by the relevant Executive Committee, shall be signed by at least any two (2)
of the Chairperson, the Vice-Chairperson, the Treasurer and an Ex-Officio
Member nominated by the Headmaster (in respect of the Secondary Division) or
the Headteacher (in respect of the Primary
Division), as the case may be. Provided
that if one of the signatories is an Ordinary Member, the other one must be
an Ex-Officio Member.
15.5 The
expenditure of each Committee shall not exceed its income for every financial
year. If there is a deficit in a
particular financial year, all Ordinary Members of such Committee in that
year shall be jointly liable to make up for the deficit by contributing funds
to such Committee.
16. Disclosure
of Interest
16.1 If-
(i) a member of a
Committee has any pecuniary or other personal interest, direct or indirect,
in a matter that is considered or is to be considered at a meeting of the Committee;
and
(ii) the matter appears to raise
a conflict with the proper performance of the member’s duties in relation to
the consideration of the matter,
that member shall disclose the nature of the interest at the meeting
or (if he does not attend the meeting) by giving a notice in writing to the relevant
Committee before the meeting.
16.2 A disclosure
under Clause 16.1 by a member that-
(i) he or his immediate
family member or any nominee of him is a member of a specified company or
other body;
(ii) he or his immediate family
member is an officer or employee of a specified company or other body;
(iii) he or his immediate family
member is a partner or is in the employment of a specified person; or
(iv) he or his immediate family member
has some other specified interest relating to a specified company or other
body or to a specified person
is a sufficient disclosure of the nature of the interest in any
matter relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be disclosed
under Clause 16.1. In this
subsection, "specified" means specified in the notice given by the member
under Clause 16.1, “immediate family member” means the spouse, child, father
or mother of the member.
16.3 A disclosure made under Clause
16.1 shall be recorded in the minutes of the meeting concerned.
16.4 After a member has disclosed the
nature of any interest in a matter, he shall not, unless the relevant Committee
otherwise determines-
(i) be present during any
deliberation of the Committee with respect to the matter; or
(ii) take
part in any deliberation or decision of the Committee with respect to the
matter.
16.5 For the purposes of the making of
a determination by the Committee under Clause 16.4, a member who has any
pecuniary or other personal interest in a matter to which the disclosure
relates must not-
(i) be present during any
deliberation of the Committee for the purpose of making the determination; or
(ii) take
part in the making by the Committee of the determination.
16.6 For the purposes of this Clause
16, a member who is a person employed to work at the School shall not be
treated as having any pecuniary or other personal interest in a matter merely
because-
(i) he has an interest in
the matter which is no greater than the interest of (where he is a Teacher)
the generality of Teachers or (where he is employed otherwise than as a Teacher)
the generality of persons employed to work at the School otherwise than as Teachers;
(ii) the matter under
consideration or discussion concerns the exercise by the Committee of its
function relating to the curriculum for the School; or
(iii) the
matter under consideration or discussion involves expenditure of the Committee.
16.7 Members of a Committee shall not,
by reason of any pecuniary or other personal interest in a matter, be
prevented from considering and voting on proposals for the Committee to take
out insurance protecting such members against liabilities incurred by them
arising out of their office. Such
Committee shall not, by reason of the interest of such members, be prevented
from obtaining such insurance and paying the premium.
16.8 A contravention of this section
does not invalidate a decision of the relevant Committee.
17. Honorary Auditor
17.1 The Standing Committee is
empowered to appoint any person as it thinks fit as Honorary Auditor for a
term of twenty-four (24) months.
The appointment shall be approved by a majority of the members of the
Standing Committee. The Honorary
Auditor will audit the income and expenditure account and balance sheet of
the Association at least once every year.
17.2 The financial year of the
Association shall start on the 1st of September each year and end
on the 31st August of the following year. The President shall lay
before the Association in general meeting an income and expenditure account
for the period since the last preceding account or in the case of the first
account since the establishment of the Association made up to a date not more
than two (2) months before such meeting, together with a balance sheet made
up as at the same date.
18. Honorary Legal Adviser
The Standing Committee
is empowered to appoint any person as it thinks fit as Honorary Legal Adviser
for a term of twenty-four (24) months.
The appointment shall be approved by a majority of the members of the
Standing Committee.
19. Honorary
Advisers
The Standing
Committee is empowered to appoint any non-Member(s) as it thinks fit as
Honorary Adviser for such term as it may, in its absolute discretion,
determine. The appointment shall
be approved by a majority of the members of the Standing Committee.
20. Amendments to the Constitution / Dissolution of the Association
20.1 Any amendments to the
Constitution shall only be effective if passed by a special resolution of over
two-third (2/3) of the Members present at a general meeting and endorsed by
the governing body of the School.
20.2 The Association be dissolved only upon the passing of a special resolution
of over two-third (2/3) of Members present at a general meeting. If upon the
winding up or dissolution of the Association there remains, after the
satisfaction of all its debts and liabilities, any property whatsoever, the
same shall not be paid to or distributed amongst the Members, but shall be
donated to the School or any other charitable organization established in
Hong Kong as the Members shall think fit.
Endorsed by EGM of
DBSPTA on 3 July 2005
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