HKICON CONSTITUTION

 

 

 

The Hong Kong Institute of Architectural
Conservationists
香港建築文物保護師學會
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
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1. NAME
The Name of the Institute is “The Hong Kong Institute of Architectural
Conservationists” (“香港建築文物保護師學會”) hereinafter described as
“the Institute”. The abbreviation of the Institute is HKICON.
2. INTERPRETATION
In this Constitution, unless the contrary is provided or the context otherwise
requires, the following expression shall have the meaning hereby respectively
assigned to them, that is to say,
2.1 an “Architectural Conservationist” is interpreted as a Fellow or a
Professional Member of the Institute who is actively involved in the
professional practice, teaching or research of conservation as
stipulated in The Burra Charter or other architectural conservation
charters, declarations, documents, principles or protocols as
recognized by the Institute.
2.2 “Constitution” means the Constitution of the Institute;
2.3 “the Institute” means the Hong Kong Institute of Architectural
Conservationists;
2.4 “By-laws” means By-laws of the Institute; and
2.5 “Council” means the Council of the Institute for the time being
constituted under the Constitution and By-laws of the Institute
3. OBJECT
3.1 To promote the general advancement of architectural
conservation and to facilitate the acquisition of knowledge of
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
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various arts, sciences and practices concerned therewith.
3.2 To enhance awareness and appreciation of architectural
conservation resources and the contribution of architectural
conservation professionals.
3.3 To establish and maintain principles and standards of practice for
architectural conservation professionals.
3.4 To represent, support and further the interests of architectural
conservation professionals in Hong Kong.
3.5 To apply the collective expertise of members of the Institute in an
advisory role to the Government and the architectural
conservation profession in Hong Kong.
3.6 To foster communication and collaboration amongst members of
the Institute, the Government, inter-governmental organizations,
local and overseas professional bodies, and their members as
well as the public at large.
3.7 To do all such other things as are incidental or conducive to the
attainment of the above objects.
4. MEMBERSHIP
4.1 The Institute shall maintain a Membership Register which shall
be made available to the public.
4.2 Fellows and Professional Members shall be architectural
conservation professionals, duly nominated and elected by the
Council in accordance with the By-laws and shall have paid the
subscription fees as prescribed in the By-laws.
4.3 The qualifications and procedures for the terms of admission,
privileges and obligations of members including liability to
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
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expulsion, removal of name from the Register of the Institute or
suspension, and conditions of registration for membership shall
be as prescribed by the By-laws.
4.4 The categories of Membership shall consist of Honorary
Fellows, Fellows, Professional Members, Associate Members,
Student Members, Retired Members and Corporate Members.
Members who have registered with the Government for the
establishment of the Institute shall be the Founding Members,
who shall automatically be Professional Members of the
Institute and exempted from the requirements as stated in
Clause 1.4 of the By-laws.
4.5 The rights, privileges or obligations of all members in the
Membership Register shall be as provided herein or as in the
By-laws.
4.6 The procedure for transfer from one category of membership to
another shall be as prescribed in the By-laws and subject to the
approval of the Council.
4.7 All members, except Student Members, Retired Members and
Corporate Members, shall be entitled to use the appropriate
statement and abbreviated designation after his or her name as
follows:
(a) an Honorary Fellow may use the statement “Honorary
Fellow of The Hong Kong Institute of Architectural
Conservationists” or the abbreviated designation of Hon.
FHKICON;
(b) a Fellow may use the statement “Fellow of The Hong
Kong Institute of Architectural Conservationists” or the
abbreviated designation of FHKICON;
(c) a Professional Member may use the statement
“Professional Member of The Hong Kong Institute of
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
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Architectural Conservationists” or the abbreviated
designation of HKICON;
(d) an Associate Member may use the statement “Associate
Member of The Hong Kong Institute of Architectural
Conservationists” or the abbreviated designation of
AHKICON.
4.8 Members of the Institute may resign from the Institute upon one
month’s prior written notice to the Council and subject to the
Council’s approval.
4.9 Members of the Institute in any category of membership may be
censured, fined, suspended or expelled from the Institute upon
a decision from the Council as stipulated in the By-laws.
5. THE COUNCIL
5.1 The Council of the Institute shall consist of Fellows or
Professional Members who have been elected in accordance
with the By-laws of the Institute. Office bearers shall be
elected amongst the Council Members, which shall consist of
the President, Vice Presidents, Honorary Treasurer and Council
Members.
5.2 The President, Vice Presidents and Honorary Treasurer shall
register with the Government as key office bearers of the
Institute. Upon cessation of the office terms of any office
bearer, the successor of the office shall register with the
Government accordingly.
5.3 To facilitate the establishment of the Institute, the first two terms
of the Council shall consist of the Founding Members, and other
Council Members as and when necessary.
5.4 The Council members shall be exempt from the yearly
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
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subscription fees of the corresponding calendar year when he
or she is in service of the Council.
5.5 In the event of a vacancy created in the membership of the
Council, the vacancy shall be elected in accordance with the
procedures as stated in the By-laws.
6. COMMITTEES
6.1 The Council shall appoint Committees for the purpose of
dealing with specific subjects connected with the objects of the
Institute.
6.2 The Chairman of each Committee shall be appointed by the
President from a member of the Council. The members of
each Committee shall be appointed by the President from
among Fellows and Professional Members.
6.3 The Committees shall not take any public action nor incur any
pecuniary responsibility unless previously authorised by the
Council.
6.4 The Committees shall report their business regularly to the
Council.
7. MEETINGS
7.1 The policies of the Institute shall be determined at an Annual
General Meeting to be held once every calendar year with
procedures as prescribed in the By-laws.
7.2 Extraordinary General Meetings shall be held upon request by
Fellows or Professional Members to resolve matters connected
with the objects and policies of the Institute as prescribed in the
By-laws.
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香港建築文物保護師學會
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7.3 All members, whose subscription is not in arrears, may speak
on all matters at the Annual General Meetings and
Extraordinary General Meetings. Fellows and Professional
Members may also vote on all matters at the Annual General
Meetings and Extraordinary General Meetings.
7.4 The notices and proceedings of the Annual General Meetings
and Extraordinary General Meetings shall be in accordance with
the By-laws.
8. FINANCES
8.1 The funds of the Institute shall be applied solely to meet its
recurrent expenditures and for the objects of the Institute and
shall not be used for any other purpose.
8.2 All liabilities of the Institute shall be borne by the Institute out of
its own assets. In the event of the assets being exhausted, the
Institute shall be dissolved in accordance with the procedures
for Dissolution as stated in this Constitution.
9. AMENDMENTS TO THE CONSTITUTION AND BY-LAWS
9.1 This Constitution may be altered, amended or added to only by
a resolution at an Extraordinary General Meeting of the Institute
passed by a simple majority of the voting members present.
Not less than 30 days notice in writing shall be given to all voting
members specifying the alterations, amendments or additions
proposed and the objects thereof.
9.2 The Council shall promulgate the By-laws as may be proper and
necessary for the administration of the Institute in accordance
with this Constitution. A By-law amendment shall become
effective upon a simple majority vote of the Council. An
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
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abstained vote shall be recorded but shall not be counted as a
vote.
10. DISSOLUTION
10.1 The Institute shall continue until a resolution shall be passed by
an affirmative vote of two-thirds of the voting members present
at an Extraordinary General Meeting. An abstained vote shall
be recorded but shall not be counted as a vote.
10.2 In the event of the dissolution of the Institute, the disposal of the
assets, after settling all its debts and liabilities, shall be resolved
at an Extraordinary General Meeting by voting members.
11. INTERPRETATION
11.1 The interpretation of the Constitution and By-laws by the
Council shall be final.
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香港建築文物保護師學會
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By-laws
The Hong Kong Institute of Architectural
Conservationists
香港建築文物保護師學會
Further Amended on 1 April 2018
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1 MEMBERSHIP REGISTRATION, QUALIFICATIONS AND ADMISSION
1.1 The categories of membership shall consist of Honorary Fellows,
Fellows, Professional Members, Associate Members, Student
Members, Retired Members and Corporate Members. Fellows
and Professional Members shall have voting rights while other
categories of membership shall have no voting rights.
1.2 Honorary Fellows shall be persons nominated by the Council in
recognition of their exceptional and meritorious service to the
profession and bestowed at an Annual General Meeting. An
Honorary Fellow shall be exempted from any fees and
subscriptions.
1.3 Fellows shall be nominated among Professional Members and
elected by the Council. A Fellow shall normally be a
Professional Member of the Institute for not less than fifteen
years and shall have demonstrated significant contribution to the
field of architectural conservation.
1.4 Professional Members shall possess:
(i) a relevant postgraduate or undergraduate degree in
architectural conservation or preservation, and
(ii) have a minimum of two years full-time equivalent of
professional architectural conservation experience
recognized by the Council.
Candidates who are unable to satisfy the above requirements
may apply for Professional Membership through a dispensation
route in accordance with the requirements set out by the Council.
1.5 Associate Members shall have graduated from an academic
programme in architectural conservation or preservation that is
recognized by the Council, or be full professionals of another
discipline and possess professional experience in architectural
conservation as recognized by the Council.
1.6 Student Members shall, at the time of their original application, be
registered students of full-time or part-time studies in
architectural conservation or preservation in an academic
programme recognized by the Council.
1.7 Retired members shall be Professional Members retired from
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active employment and in good standing with the Institute at the
time of their application for this category of membership.
1.8 Corporate Members shall be Hong Kong or overseas-based
government agencies, non-governmental organisations, or
registered private companies, engaging in architectural
conservation practice in Hong Kong, and shall have at least one
Professional Member or a Fellow of the Institute as full-time staff.
Any change in the organisation that affects its before-mentioned
Corporate Membership criteria must be reported to the Institute
in a timely manner.
1.9 For membership status other than that of Honorary Fellow and
Student Member, every application for membership or transfer of
membership to another category shall be made in writing, signed
by the applicant and three nominators, endorsed by the Council,
accompanied by the fees and subscriptions determined by the
Council, together with such information as is required to establish
the applicant’s status.
1.10 When an applicant has been accepted for membership or
transfer to another category of membership, the Council shall
send to the applicant written notice of acceptance and shall
announce such acceptance to the members of the Institute in an
appropriate and timely manner.
1.11 The Council shall consider the admission or rejection of the
applicants. In no case shall the Council be required to give any
reason for the rejection, deferment or otherwise of an application.
1.12 The Institute shall keep a Membership Register setting out the
names of members and any other relevant information required
by the Institute.
1.13 It shall be the member’s obligation to notify the Council of any
subsequent change of address. The address last given to the
Institute by a member shall be deemed the Registered Address
of the member for all purposes under these By-laws.
1.14 All members shall be entitled to :
a. receive notices of general meetings and to attend, be heard
at meetings by eligible members. Only eligible members
as defined in 1.1 shall have voting rights.
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b. have the right to use the abbreviated designation as long as
they remain in the Membership Register; and
c. attend Continuing Professional Development (CPD) events.
1.15 In addition to Clause 1.14, all Fellows and Professional Members
shall also be eligible for nomination and appointment as Council
Members of the Institute.
1.16 All members shall enjoy such other rights, privileges and
responsibilities of their respective categories. These rights,
privileges and responsibilities of all members of any category
shall be personal and shall not be transferable.
1.17 All members shall be bound by the Constitution and By-laws of
the Institute, pay fees and subscriptions by the due date, fulfill the
required CPD credit hours, and abide by such other
determinations as made by the Institute.
2 FEES AND SUBSCRIPTIONS
2.1 The Council shall determine the rates of application fees and
annual subscription rates applicable in each year, with respect to
each category of membership.
2.2 Membership in the Institute shall become valid upon payment of
the subscription fee by the specific due date each year. All fees
paid shall not be refundable.
2.3 When an applicant is admitted to membership his or her
subscription shall be pro rata on a quarterly basis from the date
of admission to the next subscription date.
2.4 When a member’s subscription payment is overdue, the member
shall not be entitled to any of the benefits or privileges of
membership and the membership may be subject to cessation.
2.5 In recognition of the effort and contribution of the Founding
Council and Founding Advisors in establishing the Institute, its
members shall have their subscription fees permanently waived.
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3 CESSATION OF MEMBERSHIP
3.1 A member may at any time, by giving at least one month’s notice
in writing to the Council, resign from membership of the Institute.
3.2 A member whose subscription is not paid within ninety days of
the subscription date shall forfeit his or her membership, but a
member who so forfeits membership may be re-admitted to the
Institute upon terms and conditions which the Council shall
determine at its sole discretion.
3.3 A member shall be forfeited of his or her membership of the
Institute when the member:
a. dies;
b. becomes bankrupt or applies to take advantage of any law
relating to bankruptcy of insolvent debtors;
c. becomes of unsound mind;
d. resigns in writing and such resignation is accepted by the
Institute; or
e. is found guilty of a criminal offence.
3.4 A person whose membership has been forfeited shall cease to
be a member and his or her name shall be removed from the
Membership Register and he or she shall return his or her
Certificate or Certificates of Membership to the Institute.
3.5 No refund of membership fees shall be payable when a person
ceases to be a member, for any reason whatsoever.
3.6 By the decision of a Disciplinary Panel set up by the Council, a
member may be censured, fined, suspended or expelled from
membership when the member:
a. is found to have falsely represented to the Institute his or
her qualifications upon admission or transfer to another
category of membership;
b. willfully refuses or neglects to comply with the provisions of
the Constitution or the By-laws of the Institute; or
c. is guilty of misconduct, which in the opinion of the Council is
unbecoming of a member or prejudicial to the interests of
the Institute.
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3.7 The Council before exercising the power to censure, fine,
suspend or expel a member shall give the member at least one
week’s notice of the meeting at which it is proposed to pass such
resolution.
3.8 The intended resolution shall contain details of the allegations
made against the member. The member shall have the right to
answer the allegations by attending and being heard at such a
meeting or by forwarding written submissions to the meeting.
3.9 Any member who ceases to be a member of the Institute for any
reason shall forfeit all rights and privileges of membership and all
claims for participation in and use of the assets (including
intellectual property) and funds of the Institute.
3.10 Reinstatement to any category of membership shall be
accomplished in the same manner as an original admission to
membership or affiliation, subject to the full payment of
outstanding fees and a levy of an additional administration fee to
be determined by the Council.
4 ANNUAL GENERAL MEETING AND EXTRAORDINARY MEETINGS
4.1 Subject to the Constitution, an Annual General Meeting of the
Institute shall be held once in each calendar year at such time as
the Council determines, but not later than the last day of each
calendar year.
4.2 The business transacted at the Annual General Meeting shall
include, but not be limited to, such items as the consideration of
the accounts, balance sheets and reports of the Council and
auditor, the election of Council Members in place of those retiring
and the appointment of the auditor.
4.3 To convene an Extraordinary General Meeting, either the Council
or any three Council Members of the Institute and five percent of
the voting members may request a meeting in writing, delivered
to the President at the address of the Institute. The meeting
shall be convened as soon as possible following such a
requisition.
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4.4 Not less than thirty calendar days notice of every Annual General
Meeting and every Extraordinary General Meeting specifying the
place, day and hour of the meeting and the nature of the
business to be dealt with shall be given to the members in the
manner hereinafter provided. No business other than that
specifically stated in the notice should be discussed at any
Annual General Meeting or Extraordinary General Meeting.
4.5 All notices shall be served upon any member by one of the
following means:
a. by post to the address listed in the Membership Register;
b. by emailing to the email address listed in the Membership
Register; or
c. by web-posting on the Institute’s website.
4.6 The non-receipt of notice of a meeting by any member shall not
invalidate the proceedings of a meeting held in pursuance of
such notice.
5 PROCEEDINGS AT ANNUAL GENERAL MEETINGS AND
EXTRAORDINARY GENERAL MEETINGS
5.1 No business shall be transacted at any Annual General Meeting
or Extraordinary General Meeting unless a quorum of five voting
members is present in person at the time when the meeting
proceeds to business.
5.2 If within thirty minutes from the time appointed for the meeting a
quorum is not present, the meeting shall be adjourned to the
same day in two weeks and at the same time. If at the
adjourned meeting a quorum is not present within thirty minutes
from the time appointed for the meeting, the meeting shall be
dissolved.
5.3 The President, or a Council Member appointed by the President,
shall preside as chairperson at every Extraordinary General
Meeting.
5.4 If the President is not present within fifteen minutes after the time
appointed for holding the meeting, the members present may
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elect from one of those members present a chairperson for the
meeting.
5.5 No new agenda shall be added to any adjourned meeting other
than the business left unfinished at the meeting from which the
adjournment took place.
5.6 At any Annual General Meeting or Extraordinary General
Meeting, resolutions shall be put to a vote at the meeting and
shall be decided with a show of hands, unless a poll is demanded
by the chairperson of the meeting. A resolution will be carried if
a majority of voting members vote for it. Unless a poll is
demanded, a declaration by the chairperson that a resolution has
been carried or lost shall be recorded in the minutes of the
meeting as conclusive evidence.
5.7 If a poll is duly demanded, it shall be taken in such manner as the
chairperson directs, and the results of the poll shall be the
resolution of the meeting at which the poll was demanded.
5.8 In the case of an equal number of votes for and against the
motion, the chairperson shall have a second or casting vote.
5.9 If a member wishes to abstain from voting, an abstention shall be
recorded and shall be excluded from the counting of votes.
6 THE COUNCIL
6.1 The composition of members of the Council shall be in
accordance with Clause 5.1 and 5.2 of the Constitution. The
total number of Council Members shall be determined by the
Council before each election for the next term.
6.2 Council Members shall be elected pursuant to the provisions of
clauses in Section 5 of the Constitution for a term of two years
from the 1st of April of the election year. The appointment of
Council Members shall be subject to the following:
a. Nominations for Council Member(s) shall be called not less
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than sixty days prior to each Annual General Meeting. The
Council shall determine the closing date of the nomination.
b. Nominations shall be made in writing by two Council
Members and two voting members on the prescribed form,
which shall be endorsed with the signed consent of the
nominee. The position for which the member is being
nominated shall be indicated on the form.
c. The candidate for any Council Member position with the
greatest number of valid votes cast and received shall be
declared elected.
6.3 The Founding Members shall automatically be Council Members
for the first two terms as from the full establishment of the
Institute. Upon completion of the prescribed term of four years,
the founding Core Group Directors shall be eligible for reappointment
to the Council for subsequent terms.
6.4 The Council may at any time appoint a member to fill a casual
vacancy of any of the Council Members for the remainder of the
unexpired term. This appointment shall not be counted as a
term for the purpose of Clause 6.2 of the By-laws.
6.5 With approval from the Council, a Council Member may be
reimbursed for all or part of his or her travelling expenses
properly incurred by him or her in attending and returning from
meetings in connection with the business of the Institute.
6.6 A Council Member will be terminated from his or her position if he
or she:
a. is convicted of a criminal offence under the Laws of the
Hong Kong SAR;
b. is medically declared insane;
c. has been declared bankrupt;
d. resigns from the Council by notice in writing to the Institute;
e. is absent for more than three months without permission of
the Council from meetings of the Council held during that
period; or
f. ceases to be a member of the Institute.
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7 POWERS AND DUTIES OF THE COUNCIL
7.1 The business of the Institute shall be managed by the Council
subject to the Laws of the Hong Kong SAR and to the
Constitution and By-laws of the Institute. Prior to the full
establishment of the Institute, the Founding Council shall have
the discretionary power in all administrative matters leading to
the full establishment of the Institute.
7.2 All exchange of money in any form shall be signed, drawn,
accepted, endorsed or otherwise executed by the Honorary
Treasurer and one member of the Core Group of Directors.
7.3 The Council shall make a good record of the following:
a. all appointments of members to the Council and
Committees;
b. the names of members present at all meetings of the
Institute;
c. all proceedings of all meetings of the Institute and all
minutes of meetings endorsed by the Council shall be the
formal records of the relevant meetings.
7.4 The President shall act as the chairperson for all Annual General
Meetings, Extraordinary General Meetings and any other
meetings of the Council.
7.5 The President, in his or her absence, shall appoint a Council
Member to act as the chairperson for any meeting.
7.6 The President, Vice President(s) and Council Members shall be
deemed members of all committees and working groups.
7.7 Subject to the By-laws, Council Members shall meet or
correspond by e-mail for the dispatch of business. All decisions
shall be decided by a majority of votes among Council Members
either at the meeting or by e-mail correspondence, and any such
decisions shall for all purposes be deemed decisions of the
Council.
7.8 In case of an equal number of votes for and against the motion,
the chairperson of the meeting shall have a second or casting
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vote.
7.9 A Council Member must declare any real or apparent conflict of
interest when engaging in any dealing on behalf of the Institute.
The president will then decide whether or not the Council
Member shall refrain from such an engagement.
8 ACCOUNTS
8.1 The Council shall maintain proper records, including those for
accounting, in accordance with the provisions of the Laws of the
Hong Kong SAR. The Council shall make available to members
the profit and loss accounts and balance sheets, which shall be
accompanied by a copy of the auditor’s report. The Council
shall report at each Annual General Meeting the updated
financial report of the Institute.
8.2 The Council shall determine to what extent, at what time, and
under what conditions the accounting records and other
documents of the Institute shall be made available for inspection
by members.
8.3 A registered auditor, or auditors, shall be appointed and their
auditing duties shall be regulated in accordance with the Laws of
the Hong Kong SAR.
9 NOTICE TO MEMBERS
9.1 The Institute may give notice to any member, either by post,
through web-posting or e-mail addressed to the member at his or
her address as entered in the Membership Register.
9.2 Where a notice is sent by post, service of the notice shall be
deemed to be effected by properly addressing, prepaying and
posting a letter containing the notice.
10 DISSOLUTION
10.1 If the Institute is dissolved, the liquidator may not divide among
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
The Code of Professional Conduct
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
The Code of Professional Conduct
1. The profession of architectural conservation involves the professional
practice, teaching or research of conservation as stipulated in The Burra
Charter or other architectural conservation charters, declarations,
documents, principles or protocols as recognized by the Institute.
2. The guiding principles of the Code of Professional Conduct of The Hong
Kong Institute of Architectural Conservationists are to promote the general
advancement of architectural conservation by:
i. respecting the inherent dignity of individual members;
ii. placing the interest and welfare of the professional community
before sectional or private interest; and
iii. acting in accordance with the letter and spirit of the Laws of the
Hong Kong SAR.
3. All members of the Institute are governed by the Constitution, the By-laws
and this Code of Professional Conduct, under and in addition to the Laws of
the Hong Kong SAR
4. All members must:
i. act in accordance with the guiding principles;
ii. act fairly and honestly in all dealings;
iii. undertake professional practice in a responsible, careful and
diligent manner at all times;
iv. always uphold the integrity and status of the Institute, its
members and the profession of architectural conservation;
v. not disclose any confidential information acquired in the course
of professional practice unless required to do so by the law;
vi. act faithfully as an agent of their client or employer and disclose
to the client or employer any potential conflict of interest that may
arise;
The Hong Kong Institute of Architectural Conservationists
香港建築文物保護師學會
vii. respect the privileges, rights and reputation of other members of
the Institute;
viii. should never knowingly damage or harm the name, standing or
reputation of other members;
ix. only make public statements, express opinions or give evidence
based on adequate professional knowledge;
x. distinguish personal opinion from the official position of the
Institute when being interviewed by the media or making public
statements;
xi. must obtain prior permission from the Council before they are
authorized to express the official position of the Institute; and
xii. strive to continue to develop excellence in the field of
architectural conservation throughout their professional careers.
5. All members shall be required by the Institute to answer inquiries
concerning their professional conduct. All members are liable to be
reprimanded, suspended, or expelled if their conduct is found to be in
contravention of this Code of Professional Conduct or otherwise
inconsistent with their status as members of the Institute.
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the members in kind the whole or any part of the property of the
Institute and it must be dealt with in accordance with the terms of
Clause 10 of the Constitution.

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