FEDERATION OF HONG KONG INDUSTRIES ORDINANCE

FEDERATION OF HONG KONG INDUSTRIES ORDINANCE

LAWS OF HONG KONG

FEDERATION OF HONG KONG INDUSTRIES

ORDINANCE

CHAPTER 321





CHAPTER 321

FEDERATION OF HONG KONG INDUSTRIES ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART 1

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 4

2. Interpretation............................. ... ... ... ... 4

PART 11

ESTABLISHMENT AND INCORPORATION OF
FEDERATION

3. Establishment of Federation ... ... ... ... ... ... ... ... ... ... ... 4

4. Incorporation of Federation ... ... ... ... ... ... ... ... ... ... ... 4

5. Objects of Federation . ... ... ... ... ... ... ... ... ... ... ... ... 5

6. Powers of Federation ... ... ... ... ... ... ... ... ... ... ... ... ... 5

7. Seal of the Federation and authentication thereof, and instruments executed

thereunder ........................... ... ... ... ... ... ... ... ... 6

8. Certain contracts and instruments not required to be under seal ... ... ... ... 6

9. Management of business of Federation vested in general committee ... ... ... 6

PART Ill

PROVISIONS AS TO MEMBERSHIP OF
FEDERATION

10. Qualification for ordinary and associate membership ... ... ... ... ... ... 6

11. Application for ordinary or associate membership and admission of affiliated and

honorary members .............................. ... ... ... ... ... 7
12. Fees for membership, etc . ................ ... ... ... ... ... ... ... ... 7
13. Register of members ....................... ... ... ... ... ... ... ... 8

14. Notification of admission to members and issue of certificate and badge of

membership ............................... ... ... ... ... ... ... 8

15. Rights of associate and affiliated members ... ... ... ... ... ... ... 8

16. Resignation of members ................. . ... ... .. 1 ... ...
8
17. Cesser of membership ...................... 8

18. Expulsion or suspension of members ... ... ... ... ... ... ... ... ... 9

19. Reinstatement of members in certain cases .1 . ... ... ... .. 1 ... ... ... 9

20. Effect of cesser of membership in relation to fees, etc., paid to Federation, etc. 10







PART IV

GENERAL MEETINGS OF
FEDERATION

21. Annual general meetings ... ... ... ... ... ... ... ... ... ... ... ... 10
22. Extraordinary general meetings ... ... ... ... ... ... ... ... ... ... ... 10
23. Notice of general meetings ... ... ... ... ... ... ... ... ... ... ... ... 10
24. Quorum at general meetings, etc. ... ... ... ... ... ... ... ... ... 11
25. Chairmen of general meetings ... ... ... ... ... ... ... ... ... ... ... 11





Section ....................... Page

26. Adjournment of general meetings ... ... ... ... ... ... ... ... ... ... 11

27............Votes and proxies .............. ... ... . ... ... ... ... ... ... 12

28................Voting at general meetings ... ... ... ... ... ... ... ... ... ... ... 12

PART V

ACCOUNTS AND AUDITORS

29..............Keeping of accounts .......... ... ... ... ... ... ... ... ... ... ... 12

30...........................Income and expenditure account and balance sheet ... ... ... ... ... ... 13

31................Appointment of auditors .... ... ... ... ... ... ... ... ... ... 13

32............Auditors' report ............... ... ... ... ... ... ... ... ... ... ... 13

33...........................Balance sheet and report to be sent to members ... ... ... ... ... ... 13

PART VI

THE GENERAL COMMITTEE

34. Establishment and constitution of general committee ... ... . ... ... ... 13

35.........................Cesser of membership of general committee ... ... ... ... ... ... ... 15

36..................................Election by associate members of members of general committee ... ... ... 15

37.............................Chairman and deputy chairman of general committee ... ... ... ... ... 16

38.........................Convening of meetings of general committee ... ... ... ... ... ... ... 16
39.........................Procedure at meetings of general committee ... ... ... ... ... ... ... 16

40.........................................Restrictions on right of members of general committee to be present or to vote 17

41...........................Transaction of business by circulation of papers ... ... ... ... ... ... 17
42...........................Power of general committee to appoint committees ... ... ... ... ... ... 17

42A. Power of general committee to appoint Honorary Presidents and Vice Presidents 17
43. Members of general committee entitled to reimbursement of expenses, but not to

other remuneration unless authorized .... ... ... ... ... ... ... ... 18

44. Attendance at meetings of general committee of members invited by chairman of

scheduled group ...................... 1 ... ... ... ... ... ... 18

PART VII

SCHEDULED GROUPS

45. Allocation of ordinary and associate members to scheduled groups, etc. 18

46.........................Election of chairmen of scheduled groups, etc. ... ... ... ... ... ... ... 19
47.........................Convening of meetings of scheduled group ... ... ... ... ... .1. ... 19
48.........................Procedure at meetings of scheduled group ... ... ... ... ... ... ... 19

PART VIII

SUPPLEMENTARY AND MISCELLANEOUS







49. Appointment of representatives by members which are corporations, firms, etc. 20

50................Inspection of accounts, etc . ... ... ... ... ... ... ... ... ... ... ... 20
51. Power of general committee to make rules 20

52.............................Notice to scheduled groups of annual general meeting ... ... ... ... ... 21
53. Service of notices, etc . 21





Section Page

54. Validity of proceedings ... ... ... ... ... ... ... ... ... ... ... ... 21
55. Protection of badge of Federation ... ... ... ... ... ... ... ... ... ... 21
56. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 21
First Schedule. Scheduled groups ... ... ... ... ... ... ... ... ... ... ... ... 22
Second Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... 26
Third Schedule. Classes of scheduled groups ... ... ... ... ... ... ... ... ... 26
Fourth Schedule......Badge of Federation ....... ... ... ... ... ... ... ... ... ... 27





CHAPTER 321

FEDERATION OF HONG KONG INDUSTRIES

To provide for the establishment, regulation and management of a
federation to be known as the Federation of Hong Kong
Industries, and for matters connected with the purposes aforesaid.

[30 June 1960.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Federation of Hong Kong
Industries Ordinance.

2. In this Ordinance, unless the context otherwise requires

'corporation' means any company within the meaning of the
Companies Ordinance and any body incorporated under any
enactment;

'Federation' means the Federation of Hong Kong Industries
established by section 3;

'general committee' means the general committee established by
section 34;

'industrial undertaking' has the meaning assigned to it by section 2 of
the Factories and Industrial Undertakings Ordinance;

'member' means any member of the Federation;

'register' means the register of members kept pursuant to the
provisions of section 13;

'representative' means the representative of any member appointed in
accordance with the provisions of section 49;

',scheduled group' means any group specified in the First Schedule;

'secretary' means the secretary of the Federation.

PART 11

ESTABLISHMENT AND INCORPORATION OF
FEDERATION

3. (1) There is hereby established a federation which shall be
known as the Federation of Hong Kong Industries.

(2) The Federation shall consist of such persons as are admitted to
membership thereof in accordance with the provisions of this
Ordinance.

4. The Federation shall be a body corporate and, in the name of the
Federation of Hong Kong Industries, shall have perpetual succession
and may sue and be sued.





5. The objects of the Federation shall be-

(a)to promote and foster the interests of the manufacturing
industries of the Colony and to provide a united voice for
those industries both in the Colony and elsewhere;

(b)to provide technical and other services to or for the benefit of
its members;

(e)to promote, in other territories, knowledge of and respect for
the Colony's industries and to sponsor and assist in the
organization of trade fairs and trade missions;

(d)to promote such activities as are designed to improve and
develop the Colony's industries and to encourage the efficient
use of their resources;

(e)to advise the Government on any matter which affects the
Colony's industries; and

(f)to advance and encourage education, including such liaison
with universities, technical colleges and schools, and
professional institutions or organizations, as may lead to a
higher calibre of managerial and supervisory staff.

6. The Federation may-

(a)acquire, take on lease, purchase, hold and enjoy any property,
and sell, let or otherwise dispose of the same;

(b) enter into any contract;

(c)invest any surplus funds in such securities, or otherwise in
such manner, as it may think fit, and realize the same at such
times as it may consider necessary;

(d)borrow or otherwise raise money on such security as may be
necessary, and, for that purpose, charge all or any part of the
property of the Federation;

(e)issue certificates in respect of goods which are produced,
processed or manufactured in the Colony;

(ea) operate certification and marking schemes, and apply for
certification trade marks under the Trade Marks Ordinance, for
goods which are produced, processed or manufactured in
Hong Kong; (Added, 64 of 1978, s. 2)

(f)promote, control, become a member of, act as agent for,
manage, superintend or otherwise assist any association or
institution which has, either wholly or in part, objects which
are the same as or similar to those of the Federation;

(g)found scholarships and exhibitions and support such
establishments and institutions as may further the objects of
the Federation;

(h)act as trustees of such trusts as may further such objects or
as may be otherwise considered desirable, either gratuitously
or otherwise; and





(i)do all such things as are calculated to facilitate, or as are
incidental or conducive to, the better carrying out of the
objects of the Federation.

7. (1) The Federation shall have and may use a common seal, and
the affixing of the seal shall be authenticated by the signatures of

(a)the chairman or the deputy chairman of the Federation; and

(b)a member of the general committee authorized for that purpose
by it, either generally or specially.

(2) Any instrument purporting to be an instrument duly executed
under the seal of the Federation shall be received in evidence and shall,
unless the contrary is proved, be deemed to be an instrument so
executed.

8. Any contract or instrument which, if entered into or executed by
a person not being a body corporate, would not be required to be under
seal may be entered into or executed on behalf of the Federation by any
person generally or specially authorized by the general committee for
that purpose.

9. Subject to any provisions of this Ordinance which require any
matter to be decided by the Federation in general meeting, the business
of the Federation shall be managed entirely by the general committee,
which may for that purpose exercise all the powers of the Federation.

PART Ill

PROVISIONS AS TO MEMBERSHIP OF
FEDERATION

10. (1) Any person carrying on a business in the Colony which
consists of the generation, transformation and transmission of
electricity, or the manufacture and distribution of gas, or the
manufacture, alteration, ornamentation, finishing, processing,
packaging, or transformation of articles, or parts of articles, for sale and-
(Amended, 81 of 1970, s. 2)

(a)whose business is registered under section 6 of the Business
Registration Ordinance;

(b)particulars of whose industrial undertaking have been notified
under section 9 of the Factories and Industrial Undertakings
Ordinance; and (Amended, 50 of 1985, S.9)

(c) who-

(i) normally employs full time not less than 100 manual
workers; or





(ii) normally consumes not less than 25 000 Kilowatt
hours of electricity per month; or
(iii) has fixed assets not less than 5200,000 in value,
shall be eligible for admission to the Federation as an ordinary
member thereof.

(2) Any person carrying on a business in the Colony which
consists of the generation, transformation and transmission of
electricity, or the manufacture and distribution of gas, or the
manufacture, alteration, ornamentation, finishing, processing,
packaging, or transformation of articles, or parts of articles, for sale
and- (Amended, 81 of 1970, s. 2)
(a)whose business is registered under section 6 of the Business
Registration Ordinance; and

(b) [Deleted, 81 of 1970, s. 21
(c)who is not eligible for ordinary membership, (Amended,
81 of 1970, s. 2)
shall be eligible for admission to the Federation as an associate
member thereof.

11. (1) Every application for admission as an ordinary mem-
ber or an associate member of the Federation shall be made to the
general committee.

(2) The general committee shall consider all such applications
and shall admit to ordinary membership or associate membership,
as the case may be, such of those persons who are eligible for such
membership as it thinks fit.

(3) The general committee may admit as an affiliated member
of the Federation any association or organization having interests
or objects which are the same as, or similar to, the objects of the
Federation or which has interests or objects which are related to the
objects of the Federation.

(4) The general committee may admit such persons as it thinks
fit to be honorary members of the Federation.

(5) A member which is a firm shall not cease to be a member
solely by reason of its incorporation.

12. (1) The fees specified in the Second Schedule shall be
payable to the Federation in the cases specified therein.

(2) The annual fees specified in the Second Schedule shall be
payable in advance on or before 1 January in each year or, in the
case of a new member, within 14 days of his admission to member-
ship or, in the case of the initial allocation of a member to an
additional scheduled group, within 14 days of such allocation:

Provided that, if any person is admitted to membership of the
Federation, or any member is allocated to any additional scheduled
group, after 30 June in any year, one half of such annual fee shall be
payable by him in respect of that year.





(3) The Federation may by resolution in an extraordinary
general meeting alter the fees specified in the Second Schedule and
any such resolution shall be published in the Gazette. (Added, 81
of 1970, s. 3)

13. (1) The general committee shall cause to be kept a register
of members, which shall contain the following particulars-

(a) the name and address of each member;

(b) the date on which he was admitted to membership;

(c)the scheduled group or groups to which he has been
allotted;

(d)where such member is a corporation, firm, association or
other organization, the name of the person appointed in
accordance with the provisions of section 49 to be its
representative.

(2) The name of any person who ceases for any reason to be a
member shall be removed from the register.

14. (1) Every member shall be notified forthwith of his ad-
mission to membership of the Federation and supplied with a copy
of this Ordinance and of any rules which may have been made by
the general committee under the provisions of section 51.

(2) Upon payment of the fee prescribed in the Second Schedule
as the fee payable on admission to membership and of the appro-
priate annual fee, every such member shall be issued with a certificate
of membership and a badge of membership.

(3) If any person ceases for any reason to be a member, he
shall forthwith return to the Federation the certificate of member-
ship and the badge of membership issued to him in accordance with
the provisions of subsection (2).

15. (1) Associate members and honorary members shall be
entitled to attend all general meetings of the Federation, but shall
not be entitled to vote at any such meeting.

(2) Affiliated members shall be entitled to attend, and to vote
at, all general meetings of the Federation.

16. Any member may at any time resign from the Federation
by giving to the secretary not less than one month's notice in writing.

17. Any member who-

(a)is adjudicated bankrupt or makes a composition or scheme
of arrangement with his creditors; or

(b) becomes of unsound mind,

shall thereupon cease to be a member.





18. (1) If it is satisfied that any member-

(a)has failed, without reasonable cause or excuse, to pay any
annual fee in accordance with the provisions of section 12(2);

(b)has failed, without reasonable cause or excuse, to pay the fee
prescribed in the Second Schedule as the fee payable on
admission to membership within 14 days of his admission to
membership;

(c)has persistently neglected or refused to pay any other moneys
which he or it is liable to pay to the Federation; or

(d) is unfit to be a member,

the general committee may at a meeting specially called for the purpose
expel such member from the Federation or suspend him from
membership thereof for such period, not exceeding 6 months, as it thinks
fit.

(2) Not less than 10 days before the meeting of the general
committee at which such resolution is to be considered, the secretary
shall give to the member in question notice in writing of any resolution
to expel him from the Federation or to suspend him from membership
thereof.

(3) No member shall be expelled or suspended unless he, or, where
the member is a corporation, firm, association or organization, some
person on its behalf, has had an opportunity of making such
representations, either in writing or verbally, to the general committee as
the member may wish.

(4) The expulsion or suspension of any member shall take effect
from the passing of the resolution of the general committee to that
effect.

(5) A member whose membership is suspended shall not, so long
as such suspension is in force, be entitled to any of the rights or
privileges of a member, but shall remain liable to pay the annual fee or
fees as if his or its membership were not suspended.

(6) No member of the general committee shall be present in any
meeting thereof at any time when it is considering whether or not he, or
any corporation of which he is a director or manager or any firm of which
he is a partner or any association or organization of which he is a
member, shall be expelled or suspended, otherwise than for the purpose
of making representations on his or its behalf pursuant to the provisions
of subsection (3).

19. Any person who has been expelled from membership of the
Federation under the provisions of section 18(1)(a),(b) or (c) may be re-
admitted to membership of the Federation by the general committee at
any time upon payment of the fee or other moneys in respect of the
failure to pay which he or it was so expelled from membership thereof.





20. A person who ceases for any reason to be a member shall not,
solely by reason of his ceasing to be a member, be entitled to the return
of any fees or other moneys paid by him to the Federation or relieved of
any liability to the Federation which exists at the time he ceases to be a
member.

PART IV

GENERAL MEETINGS OF FEDERATION

21. (1) There shall be a general meeting of the Federation not less
than once in every year.

(2) General meetings shall be held not more than 15 months after
the preceding such meeting.

(3) It shall be the duty of the general committee to convene the said
general meetings of the Federation, which shall, subject to the
provisions of subsections (1) and (2), be held at such time as the
committee may think fit.

(4) Any meeting held in accordance with the provisions of this
section shall be styled the annual general meeting.

22. (1) The general committee may convene a general meeting of
the Federation whenever it considers it to be necessary.

(2) The general committee shall convene a general meeting of the
Federation on a requisition in writing addressed to the secretary and
signed by not less than one-tenth of the members.

(3) Any meeting held in accordance with the provisions of this
section shall be styled an extraordinary general meeting.

23. (1) The general committee shall cause to be sent to every
member not less than 10 days' notice of any general meeting of the
Federation.

(2) Every such notice shall specify-

(a)the day on, and the time and place at, which the meeting will
be held;

(b)in the case of an annual general meeting, other than such a
meeting at which the only business to be considered is the
income and expenditure account, balance sheet, auditors'
report, the report of the general committee or the appointment
of auditors, and in the case of any extraordinary general
meeting, in general terms the nature of the business which is
to be considered.

(3) Neither the accidental omission to give such notice to any
member nor the fact that any member has not received any notice so
sent to him or it shall invalidate the proceedings at the meeting.





24. (1) No business shall be transacted at any general meeting of
the Federation unless a quorum of members who are entitled to vote
thereat is present.

(2) The quorum for any such meeting shall be not less than 50 such
members or one-tenth of the aggregate number of such members,
whichever is the less.

(3) If, within half an hour of the time appointed for any such
meeting, a quorum is not present, the meeting shall

(a)where it was convened pursuant to the provisions of section
22(2), be dissolved; or

(b)in any other case, stand adjourned to the same day in the
ensuing week at the same time and place.

(4) If, within half an hour of the time appointed under the
provisions of paragraph (b) of subsection (3) for any meeting which has
stood adjourned under the provisions of that paragraph, a quorum is not
present, the members present who are entitled to vote thereat shall be a
quorum.

25. (1) The chairman of the Federation shall, if he is present,
preside at every general meeting of the Federation.

(2) If the chairman is not present at any such meeting, the deputy
chairman of the Federation shall, if he is present, preside at the meeting.

(3) If-

(a)within 15 minutes of the time appointed for any such meeting,
neither the chairman of the Federation nor the deputy
chairman thereof is present; or

(b)they have both notified the secretary that they will not be
present at any such meeting,

then-

(i) one of the members of the general committee elected by those
members thereof present at such meeting; or

(ii) if there is only one member of the general committee present at
such meeting, such member; or

(iii)if no member of the general committee is present at such
meeting or if no member thereof who is present is willing to
preside at such meeting, a member of the Federation elected
by those members who are present at the meeting and entitled
to vote thereat,

shall preside at the meeting.

26. (1) With the consent of the meeting, the chairman of any
general meeting of the Federation may, and, if so directed by the
meeting, shall, adjourn the meeting from time to time and from place to
place.





(2) No business shall be transacted at any meeting which is so
adjourned other than the business which was unfinished at the meeting
from which the adjournment took place.

(3) When any meeting is adjourned for more than 10 days, but not
otherwise, the general committee shall cause to be given notice of the
adjourned meeting in the manner provided by section 23, as if it were a
new meeting.

27. (1) Each ordinary member and each affiliated member shall have
one vote.

(2) The vote of any such member may be given by proxy.

(3) No person shall be appointed as a proxy unless he is a member.

(4) The appointment of any person as a proxy shall be in the form
prescribed by the general committee.

28. (1) Save as provided in subsection (2), a resolution before any
general meeting of the Federation shall be decided on a show of hands,
and an entry in the book of minutes of meetings of the Federation of a
declaration by the chairman of the meeting that the resolution has been
carried, carried unanimously or by a specified majority, or lost, as the
case may be, shall be conclusive evidence of the fact, without proof of
the number or proportion of votes cast in favour of or against the
resolution.

(2) On or before the declaration of a vote taken in accordance with
the provisions of subsection (1), one-fourth of the members present and
entitled to vote may demand that the resolution be decided by a poll.

(3) If a poll is duly demanded, the same shall be taken in such
manner as the chairman of the meeting may direct.

(4) Where a poll is demanded on the question of the election of the
chairman of any meeting or on the question of the adjournment of any
meeting, the same shall be taken forthwith, but a poll demanded on any
other question shall be taken at such time as the chairman of the meeting
may direct.

(5) Where the votes on any question are equally divided, whether
the votes are taken on a show of hands or on a poll, the chairman of the
meeting shall have a second or casting vote.

PART V

ACCOUNTS AND AUDITORS

29. The general committee shall cause to be kept proper accounts
of the Federation and proper records in relation thereto.





30. (1) The general committee shall cause to be prepared and laid
before the Federation at the annual general meeting an income and
expenditure account for the period since the preceding account made up
to a date not earlier than the date of the meeting by more than 9 months.

(2) The general committee shall cause to be made out in every year,
and laid before the Federation at the annual general meeting, a balance
sheet as at the date to which the income and expenditure account is
made up.

31. (1) The Federation shall at each annual general meeting appoint
an auditor or auditors to hold office until the next annual general
meeting.

(2) The general committee may fill any casual vacancy in the office
of auditor, but while any such vacancy continues the surviving or
continuing auditor or auditors, if any, may act.

(3) The remuneration of the auditors shall be fixed by the
Federation in general meeting, save that the remuneration of an auditor
appointed to fill a casual vacancy, may be fixed by the general
committee.

32. The auditors shall make a report to the members on the
accounts examined by them and on every balance sheet laid before the
Federation at the annual general meeting during their term of office, and
the report shall state

(a)whether or not they have obtained all the information and
explanations they have required; and

(b)whether, in their opinion, the balance sheet referred to in the
report is properly drawn up so as to exhibit a true and correct
view of the Federation's affairs according to the best of their
information and the explanations given to them, and as shown
by the books of the Federation.

33. A copy of the balance sheet made out in accordance with the
provisions of section 30(2), together with a copy of the auditors' report
thereon, shall be sent to every member not less than 10 days before the
annual general meeting.

PART VI

THE GENERAL COMMITTEE

34. (1) There shall be a general committee of the Federation which
shall consist of the following members

(a) the chairman of each of the scheduled groups;

(b)the members elected in accordance with the provisions of
section 36(1); and

(e) 3 members appointed by the Governor.





(1A) The general committee may have, in addition to the members
referred to in subsection (1), 3 other members who were members of the
general committee in the year next preceding the year in respect of which
they are appointed. (Added, 81 of 1970, s.4)

(1B) The members referred to in subsection (1A) may be appointed
by the general committee at the meeting thereof immediately preceding
the annual general meeting of the Federation. (Added, 81 of 1970, s. 4)

(2) The vice-chairman of any scheduled group shall be entitled to
attend, and to vote at, any meeting of the general committee which the
chairman of that group is unable to attend.

(3)(a) The general committee may co-opt as members thereof not
more than 5 persons who are ordinary members, associate
members or affiliated members or the representatives of any
such members. (Amended, 64 of 1978, s. 3)

(b)Any person who is so co-opted as a member of the general
committee shall, so long as he continues to be co-opted, be a
member thereof for all purposes.

(c)The general committee may terminate the co-option of any
person as a member thereof at any time.

(4) Any person who is appointed by the Governor under the
provisions of subsection (1)(c), or who is appointed under the
provisions of subsection (1 B), to be a member of the general committee
and any person who is co-opted as a member thereof under the
provisions of subsection (3)(a) shall, save as provided

(a)in the case of any person so appointed by the Governor, or
under the provisions of subsection (I B), by the provisions of
section 35(3);

(b)in the case of any person who is so co-opted, by the
provisions of subsection (3)(c),

hold office until immediately after the annual general meeting of the
Federation next after his appointment or co-option, as the case may be,
but shall be eligible for re-appointment or to be again so coopted.
(Amended, 81 of 1970, s. 4)

(5) If any person who is so appointed by the Governor to be a
member of the general committee dies or ceases for any other reason to
be a member thereof, the Governor shall appoint another person to be a
member thereof. and the person so appointed shall hold office until
immediately after the ensuing annual general meeting of the Federation.

(6) Any person who is so appointed by the Governor to be a
member of the general committee shall, so long as he continues to be a
member thereof, be a member of the Federation and shall be entitled to
attend, and to be heard and to vote at, any general meeting of the
Federation.





35. (1) Any person who is a member of the general committee by
virtue of the provisions of section 34(1)(a) shall cease to be a member
thereof if under the provisions of section 46(3) he ceases to be the
chairman of the scheduled group.

(2) Any person who is a member of the general committee by virtue
of the provisions of section 34(1)(b) shall cease to be a member thereof
if-

(a)he is adjudicated bankrupt or makes a composition or scheme
of arrangement with his creditors;

(b) he becomes of unsound mind;

(c)being a member at the time of his election as such member of
the general committee, he ceases for any reason to be a
member;

(d)being a representative at the time of his election as such
member of the general committee, he ceases to be such
representative;

(e)he resigns his office by notice in writing addressed to the
secretary; or

(f)the member whose representative he was at the time of his
election as such member of the general committee ceases for
any reason to be a member.

(3) Any person who is appointed by the Governor under the
provisions of section 34(1)(c), or who is appointed under the
provisions of section 34(1 B), to be a member of the general committee
shall cease to be a member thereof if he- (Amended, 81 of 1970,s.5)

(a)is adjudicated bankrupt or makes a composition or scheme of
arrangement with his creditors;

(b) becomes of unsound mind; or

(c) resigns his office by notice in writing addressed-

(i) to the Governor, in the case of a person appointed by the
Governor under the provisions of section 34(1)(c); or

(ii) to the secretary, in the case of a person appointed under
the provisions of section 34(1B). (Replaced, 81 of 1970,s.5)

36. (1) Upon receipt of the notification given by the secretary under
the provisions of section 52 of the date of an annual general meeting of
the Federation and before the day specified therein as the day on which
such meeting will be held, the associate members allotted to the
scheduled groups comprised in each of the classes of scheduled groups
specified in the Third Schedule shall elect one of their number or the
representative of one of their number to be a member of the general
committee.





(2) The persons so elected to be members of the general
committee shall take office immediately after the said annual general
meeting and, save as provided in section 35(2), shall hold office until
immediately after the ensuing annual general meeting of the
Federation.

(3) If any person who was so elected to be a member of the
general committee dies or ceases for any other reason to be a
member thereof, the associate members of the class of scheduled
groups by which such member was elected shall, as soon as practic-
able, elect another of their number or the representative of one of
their number to be a member of the general committee, and the
person so elected shall, save as provided in section 35(2), hold office
until immediately after the ensuing annual general meeting of the
Federation.

37. (1) At its first meeting after any annual general meeting of
the Federation, the general committee shall elect one of its members
to be the chairman thereof and one of its members to be the deputy
chairman thereof.

(2) The persons so elected shall, save as provided in sub-
section (3), hold office until immediately after the ensuing annual
general meeting of the Federation.

(3) The person so elected shall cease to be chairman or deputy
chairman, as the case may be, of the general committee if he ceases
for any reason to be a member thereof.

(4) If the person so elected dies or ceases for any other reason
to be chairman or deputy chairman of the general committee, the
committee shall, as soon as practicable, elect another of its members
to be the chairman or deputy chairman thereof, as the case may be,
and the person so elected shall, save as provided in subsection (3),
hold office until immediately after the ensuing annual general
meeting of the Federation.

(5) The chairman and deputy chairman of the general commit-
tee shall be the chairman and deputy chairman, respectively, of the
Federation.

38. (1) Save as provided in subsection (2), the chairman of the
general committee shall convene such meetings thereof as he may
consider necessary for the efficient discharge of its functions.

(2) The chairman of the general committee shall convene a
meeting thereof upon the requisition in writing, addressed to the
secretary and specifying the reason for convening the meeting, of not
less than 2 of its members.

39. (1) The chairman thereof, or, if he is absent, the deputy
chairman thereof, shall preside at any meeting of the general
committee.

(2)(a) No business shall be transacted at any meeting of the
general committee unless a quorum of members is present.





(b)The quorum for any such meeting shall be not less than 14
members of the committee. (Amended, 81 of 1970, s. 6)

(3) All questions coming before any meeting of the general
committee shall be decided by a majority on a show of hands.

(4) Where the votes on any such question are equally divided,
the chairman of the meeting shall have a second or casting vote.

(5) Subject to the provisions of this Ordinance, the general
committee may regulate the conduct of its meetings in such manner
as it may think fit.

40. (1) No member of the general committee shall be present
in any meeting of the committee when it is considering any matter in
which he, or any corporation of which he is a director or manager or
any firm of which he is a partner or any association or organization
of which he is a member, is the complainant, otherwise than for the
purpose of giving evidence of the matter in respect of which the
complaint is made.

(2) No member of the general committee shall vote on any
resolution concerning any contract with the Federation in which he,
or the member whose representative he is, is interested.

41. The general committee may, if it thinks fit, transact any of
its business by the circulation of papers, and a resolution in writing
approved by a majority of the members thereof shall be as valid and
effectual as if it had been passed at a meeting of the committee.

42. (1) The general committee may, from time to time,
appoint such committees as it considers necessary for securing the
efficient discharge of its functions, and may delegate to any such
committee any of its powers and duties:

Provided that no delegation made hereunder shall preclude the
general committee from exercising or performing at any time any of
the powers and duties so delegated.

(2) Any person may be appointed a member of any such
committee notwithstanding that he is not a member of the general
committee.

42A. (1) The Federation may have such number of Presidents
and Vice Presidents as the general committee may determine.

(2) The general committee may appoint to be President or Vice
President any person who is a member of the Federation and who, in
its opinion, has rendered distinguished services to industry in Hong
Kong or to the Federation.

(3) The term of office of a person appointed to be President or
Vice President shall be for such period as the general committee in
each case shall determine.





(4) The offices of President and Vice President shall be
honorary.
(Added, 81 of 1970, s. 7)

43. Save as otherwise determined by the Federation in general
meeting, no member of the general committee shall be entitled to be
paid any salary or other remuneration out of the funds of the
Federation, but any such member shall be entitled to be reimbursed
by the Federation in respect of any expense incurred by him in the
performance of his functions as such member.

44. (1) The chairman of any scheduled group may invite any
member who has been allotted to such group to attend any meeting
of the general committee at which any matter affecting a trade or
industry in which such member is engaged or with which he or it is
concerned is to be considered.

(2) Any such member who attends any such meeting of the
general committee shall be entitled to be present in the meeting
whilst the committee is considering such matter and to address the
committee.

PART VII

SCHEDULED GROUPS

45. (1) At the time any person is admitted as an ordinary
member or an associate member of the Federation, the general
committee shall allot such member to one of the scheduled groups.

(2) Any ordinary member or associate member may apply to
the general committee to be allotted to any scheduled group in
addition to the group to which he has been allotted by it under the
provisions of subsection (1), and shall be allotted to such additional
group or groups if the general committee thinks fit.

(3) The general committee may-

(a) vary the composition of any scheduled group; or

(b)add any group to, or delete any group from, the First
Schedule and add any group to, or delete any group from,
the Third Schedule so far as may be necessary in con-
sequence of the addition of any group to, or the deletion of
any group from, the First Schedule.

(4) Notification of any variation of the composition of any
scheduled group or of the addition of any group to, or the deletion
of any group from, the First Schedule or the Third Schedule shall
be published in the. Gazette.





46. (1) Upon receipt of the notification given by the secretary under
the provisions of section 52 of the date of an annual general meeting of
the Federation and before the day specified therein as the day on which
such meeting will be held, the ordinary members allotted to each- of the
scheduled groups shall elect a chairman and vice-chairman of the group,
who shall be an ordinary member of that group or a representative of
any such ordinary member.

(2) The persons so elected as chairman and vice-chairman of each
of the scheduled groups shall take office immediately after the said
annual general meeting and, save as provided in subsection (3), shall
hold office until immediately after the ensuing annual general meeting of
the Federation.

(3) Any person who is the chairman or vice-chairman of any
scheduled group shall cease to be the chairman or vice-chairman
thereof, as the case may be, if

(a)he is adjudicated bankrupt or makes a composition or scheme
of arrangement with his creditors;

(b) he becomes of unsound mind;

(c)being a member at the time of his election as such chairman or
vice-chairman, he ceases for any reason to be a member;

(d)being a representative at the time of his election as such
chairman or vice-chairman, he ceases to be such
representative;

(e)he resigns his office by notice in writing addressed to the
secretary; or

the member whose representative he was at the time of his
election as such chairman or vice-chairman ceases for any
reason to be a member.

(4) If the chairman or vice-chairman of any scheduled group dies or
ceases for any other reason to be such chairman or vicechairman, the
ordinary members of that group shall, as soon as practicable, elect
another ordinary member of that group or the representative of any such
ordinary member to be the chairman or vice-chairman thereof, as the
case may be, and, save as provided in subsection (3), the person so
elected shall hold office until immediately after the ensuing annual
general meeting of the Federation.

47. (1) The chairman of any scheduled group may convene a
meeting of the group whenever he considers it necessary.

(2) Upon the requisition in writing of not less than one-tenth of the
members of any scheduled group, the secretary shall convene a meeting
of the group.

48. The provisions of section 39 shall apply, mutatis muiandis, to
meetings of any scheduled group as they apply to meetings of the
general committee.





PART VIII

SUPPLEMENTARY AND MISCELLANEOUS

49. (1) Every member which is a corporation, firm, associa-
tion or organization shall appoint one of its members or officers to
be its representative for the purposes of the Federation.

(2) Any person who is so appointed as the representative of
any member shall be entitled to attend any meeting of the Federa-
tion, and to be heard and to vote thereat to the same extent as the
member which he represents.

(3) Every such member shall notify the secretary of the name
of the person whom it has, for the time being, so appointed to be its
representative.

(4) No person shall be the representative of more than one
such member at any one time.

50. (1) Any member of the general committee may inspect the
accounts of the Federation and any records in relation thereto and
any book or document of the Federation at any time.

(2) The general committee shall, from time to time, determine
the extent, if any, to, and the time and place at and the conditions
on, which any member, other than a member who is a member of the
general committee, may inspect such accounts, records, books or
documents.

(3) Save to the extent determined by the general committee
under the provisions of subsection (2) or as authorized by the
Federation in general meeting, no member, other than a member
who is a member of the general committee, shall be entitled to
inspect such accounts, records, books or documents.

51. (1) The general committee may make rules providing
for-

(a) the manner in which the chairmen of scheduled groups
and members of the general committee shall be elected;

(b)such matters as it may consider necessary for the better
conduct of the affairs of the Federation or the furtherance
of any of its objects.

(2) No rules made under the provisions of subsection (1) shall
be inconsistent with any of the provisions of this Ordinance.

(3) Rules made under this section may provide that the general
committee may impose on any member who contravenes specified
provisions thereof such penalty as may be prescribed by such rules:

Provided that no penalty so prescribed shall exceed $5,000.





52. The secretary shall give to the chairman of each of the
scheduled groups not less than one month's notice in writing of the
date of the annual general meeting of the Federation.

53. Wherever in this Ordinance provision is made for the
service or sending of any notice, balance sheet or other document,
it shall be sufficient service if a copy of such notice, balance sheet or
document is-

(a)delivered to the person upon whom it is to be served or to
whom it is to be sent;

(b)sent by registered post to the address of such person for the
time being entered in the register; or

(c)published in 2 issues of 2 daily newspapers, one of which is
published in the English language and one in the Chinese
language.

54. (1) The validity of any proceeding of the Federation shall
not be affected by any defect in the admission of any person to
membership thereof or by any defect in the appointment, election or
co-option of any person as a member of the general committee or by
any vacancy amongst the members of the committee.

(2) The validity of any proceeding of the general committee
shall not be affected by any defect in the appointment, election or
co-option of any person as a member thereof or by any vacancy
amongst the members thereof.

55. (1) No person shall, save with the authority of the
Federation-

(a)have in his possession any badge of the Federation, which
badge is portrayed in the Fourth Schedule; or

(b) use for any purpose-
(i) any badge or other device containing tile words
'Federation of Hong Kong Industries'; or
(ii) any device which so closely resembles the badge of
the Federation as to be capable of being understood as
referring to such badge.

(2) Any person who contravenes any of the provisions of
subsection (1) shall be guilty of an offence and shall be liable on
summary conviction to a fine of $1,000.

56. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Successors,
or the rights of any body politic or corporate or of any other persons
except such as are mentioned in this Ordinance and those claiming
by, from or under them.





FIRST SCHEDULE [s. 2.]

SCHEDULED
GROUPS

No. of Description ofTypes of industries within
Item Group Group the Group

1. A-1 Textile spinning Cotton spinning.
(non-wool). Staple fibre spinning.
Synthetic fibre spinning.
A-2 Wool spinning. Wool and and other animal fibre spinning.
Synthetic fibre spinning.
2. B Independent textile Manufacture of cotton piece-goods,
weaving. including canvas and towelling.

Manufacture of piece-goods of rayon,
silk, wool or other material.

Manufacture of simple made-up textile
articles such as table cloths, towels,
handkerchiefs and pillow-cases, etc.

Manufacture of webbing.

Tape weaving.

3. c Textile spinning-cum- Industrial undertakings engaged in both
weaving. spinning and weaving.
4. D Textile dyeing and Industrial undertakings engaged in dyeing,
finishing. bleaching, printing, finishing, calendering,
etc. of yarns, piece-goods or garments.
5. E Wool knitted articles Manufacture of knitted garments includ-
for wear. ing singlets, gloves and hosiery.

Manufacture of underwear or nightwear,
which is knitted or made of knitted
fabrics.

Manufacture of outerwear, which is
knitted or made of knitted fabrics.

Manufacture of foundation garments
which are knitted or made of knitted
fabrics.

Manufacture of woollen gloves.

6. F Garments (woven Manufacture of garments of woven
fabrics). materials.

Tailoring.

Manufacture of garments, made from
woven piece-goods, including rain-proof
garments.

Manufacture of foundation garments
made of woven materials.

7. G Miscellaneous textiles. Manufacture of gloves, whether sewn or
knitted, or of cotton or rayon.
Manufacture of embroidered piece-goods
or embroidered garments.
Manufacture of cotton knitted garments.











Item No. ofDescription of Types of industries within
Group Group the Group

Manufacture of cloth and embroidered
footwear.

Manufacture of hats, caps, neckties and
cravats.

Manufacture of laces and ribbons, labels,
lampwicks, mosquito nets, diapers,
sanitary towels and bandages.

Manufacture of carpets and rugs or
tapestry.

Manufacture of cotton and silk waste,
cottonwool, quilts, blankets, shoe laces,
umbrellas or nylon wrist watch bands.

Manufacture of threads, miscellaneous
small yarns or elastic nylon yarns.

Yarn doubling.

Yam winding.

8. H Metal products. Manufacture of needles, nails and screws
or cutlery.
Manufacture of safes and metal furniture
or weighing scales.
Manufacture of aluminiumware, enamel-
ware, vacuum flasks or hollowware.
Manufacture of watch straps and cases,
zip fasteners, cigarette lighters, locks and
bolts, spectacle frames, tin cans, metal
toys, clocks, jewellery or other small metal-
wares.
Electro-plating.
Manufacture of buckles and badges, eye-
lets, hinges or insecticide sprayers.
Metal cutting, metal stamping, welding,
casting or forging.
Manufacture of spray guns, taps, tools
and dies, tooth paste tubes or umbrella
ribs.
Aluminium or brass rolling or aluminium
or brass casting.
Manufacture of wire rope or machinery or
machinery parts.

9. I-1 Electrical appliances, Manufacture of flashlight cases, electric

other lighting and bulbs, lamp ballasts or condensers.

heating appliances

and optical apparatus. Manufacture of electric fans or air-
conditioners, etc.

Manufacture of electric wiring or bulb
holders.

Manufacture of metal lanterns, pressure
lamps, cookers and heaters or






airconditioning equipment.

Manufacture of optical equipment or
cameras.





No. of Description of Types of industries within
Item Group Group the Group
1-2 Electronic equipmentManufacture of transistor radios, tape
component parts andrecorders and other transistorized
transistor radios.equipment.
Manufacture of electronic component
parts and equipment.

10. J Building materials. Manufacture of bricks, cement or cement
products.
Sawmilling and flooring.
Manufacture of iron or steel bars and
rounds.
Iron foundries.
Manufacture of metal windows.
Manufacture of pipes (building) or marble
works.
Stone crushing.
11. K Rubber and leather Manufacture of rubber footwear or
products. rubber/canvas footwear.
Manufacture of leather footwear.
Manufacture of other rubber products
including tyres, elastic bands, latex pro-
ducts or foam rubber products.
Manufacture of leather suitcases, hand-
bags, belts or other leather products.
Tanning and leather finishing, rubber rol-
ling or rubber sundries.
12. LA Plastic and bakelite Manufacture of plastic buttons, artificial
manufactures. flowers or pearls.
Manufacture of articles made of plastic or
bakelite.
Manufacture of tooth brushes.
L-2 Playthings. Manufacture of toys and dolls.
13. M-1 Printing and allied Printing.
industries. Manufacture of paper and paper products.
Book binding.
Paper dyeing.
Other allied industries.
M-2 Wood, cork, straw or Manufacture of soft and hardwood
rattan manufactures furniture.
and miscellaneous
industries. Manufacture of rattan furniture and other
rattanware.
Manufacture of wooden carved goods,
abacuses, bambooware or other wooden
and cork articles or straw and grassware.
Ropemaking





Item No. ofDescription of Types of industries within
Group Group the Group

Manufacture of gunnybags. Manufacture
of fishing nets. Miscellaneous industries
not included in any other Group.

14. N Foodstuffs, beverages Manufacture of sugar, confectionery,
and tobacco. bread, cakes and biscuits or ice cream.
Bottling and canning of fruit, vegetables,
fish or meat or other foodstuffs.
Flour and rice milling.
Manufacture of egg products.
Tea blending.
Manufacture of preparations of meat, fish,
vegetables, fruit or cereals, including
sauces and noodles.
Manufacture of preserved ginger and
gourmet powder.
Tobacco manufactures.
Manufacture of soft drinks.
Distilleries or breweries.
15. 0 Chemicals and non- Manufacture of paints, lacquers and
metallic mineral varnishes.
products. Manufacture of toilet preparations, patent
medicines or cosmetics.
Manufacture of organic or inorganic
chemicals.
Manufacture of oils, soap and tallow, wax
and candles or tar.
Bone grinding.
Manufacture of glassware, chinaware,
earthenware, crucibles or incandescent
mantles.
Manufacture of matches, joss sticks or
firecrackers.
Manufacture of batteries.
16. p Transport equipment. Ship and boat building and repair.
Ship breaking.
Aircraft maintenance and repair.
Motor car engine or body repair and
assembly.
17. Q Electricity, and gas. Generation, transformation and transmis-
sion of electricity.
Manufacture and distribution of gas.

(Amended, pp. PN28 of Gazette 13.1.67 and PN1553 of Gazette 18.9.70;
81 of 1970, s. 8 and p. PN595 of Gazette 4.5.73)





SECOND SCHEDULE [s. 12.]

FEES

Item Circumstances in which payable Amount

1. Fees on admission to membership.

(a) Affiliated members
250
(b) Associate members
100
(c) Ordinary members
250

2. Annual fees.

(a) Affiliated members ............2,000
(b) Associate members .............800
(c) Ordinary members ..............2,000
(d) Fee payable by ordinary member or associate
member in respect of his or its allocation to
additional scheduled group under the provisions
of section 45(2) ..................for each group

50

(Amended, p. PN2043 of Gazette 11. 12.70; p. PN3337 of Gazette 10.12.82
and p. PN3217 of Gazette 1.8.86)

THIRD SCHEDULE [s. 36.1

CLASSES OF SCHEDULED
GROUPS

Scheduled groups of which
Item Class of scheduled groups class comprised
1 Class AGroups A-1, A-2, B, C and D.
2. Class BGroups E, F and G.
3. Class CGroups H, 1-1, 1-2 and J.
4. Class DGroups K, L- 1, L-2, M- 1 and M-2.
5. Class EGroups N. 0, P and Q.

(Amended, pp. PN28 of Gazette 13.1.67 and PN1553 of Gazette 18.9.70;
81 of 1970, s. 9 andp. PN595 of Gazette 4.5.73)





FOURTH SCHEDULE [s. 55.]

BADGE OF FEDERATION
Originally 26 of 1960. 81 of 1970. 64 of 1978. 50 of 1985. Short title. Interpretation. (Cap. 32.) (Cap. 59.) First Schedule. Establishment of Federation. Incorporation of Federation. Objects of Federation. Powers of Federation. (Cap. 43.) Seal of the Federation and authentication thereof, and instruments executed thereunder. Certain contracts and instruments not required to be under seal. Management of business of Federation vested in general committee. Qualification for ordinary and associate membership. (Cap. 310.) (Cap. 59.) (Cap. 310.) Application for ordinary or associate membership and admission of affiliated and honorary members. Fees for membership, etc. Second Schedule. Register of members. Notification of admission to members and issue of certificate and badge of membership. Second Schedule. Rights of associate and affiliated members. Resignation of members. Cesser of membership. Expulsion or suspension of members. Second Schedule. Reinstatement at members in certain cases. Effect of cesser of membership in relation to fees, etc., paid to Federation, etc. Annual general meetings. Extraordinary general meetings. Notice of general meetings. Quorum at general meetings, etc. Chairmen of general meetings. Adjournment of general meetings. Votes and proxies. Voting at general meetings. Keeping of accounts. Income and expenditure account and balance sheet. Appointment of auditors. Auditors' report. Balance sheet and report to be sent to members. Establishment and constitution of general committee. Cesser of membership of general committee. Election by associate members of members of general committee. Third Schedule. Chairman and deputy chairman of general committee. Convening of meetings of general committee. Procedure at meetings of general committee. Restrictions on right of members of general committee to be present or to vote. Transaction of business by circulation of papers. Power of general committee to appoint committees. Power of general committee to appoint Honorary Presidents and Vice Presidents. Members of general committee entitled to reimbursement of expenses, but not to other remuneration unless authorized. Attendance at meetings of general committee of members invited by chairman of scheduled group. Allocation of ordinary and associate members to scheduled groups, etc. First and Third Schedule. Election of chairmen of scheduled groups, etc. convening of meetings of scheduled group. Procedure at meetings of schedule group. Appointment of representatives by members which are corporations, firms, etc. Inspection of accounts, etc. Power of general committee to make rules. Notice to scheduled groups of annual general meeting. Service of notices, etc. Validity of proceedings. Protection of badge of Federation. Fourth schedule. Saving.

Originally 26 of 1960. 81 of 1970. 64 of 1978. 50 of 1985. Short title. Interpretation. (Cap. 32.) (Cap. 59.) First Schedule. Establishment of Federation. Incorporation of Federation. Objects of Federation. Powers of Federation. (Cap. 43.) Seal of the Federation and authentication thereof, and instruments executed thereunder. Certain contracts and instruments not required to be under seal. Management of business of Federation vested in general committee. Qualification for ordinary and associate membership. (Cap. 310.) (Cap. 59.) (Cap. 310.) Application for ordinary or associate membership and admission of affiliated and honorary members. Fees for membership, etc. Second Schedule. Register of members. Notification of admission to members and issue of certificate and badge of membership. Second Schedule. Rights of associate and affiliated members. Resignation of members. Cesser of membership. Expulsion or suspension of members. Second Schedule. Reinstatement at members in certain cases. Effect of cesser of membership in relation to fees, etc., paid to Federation, etc. Annual general meetings. Extraordinary general meetings. Notice of general meetings. Quorum at general meetings, etc. Chairmen of general meetings. Adjournment of general meetings. Votes and proxies. Voting at general meetings. Keeping of accounts. Income and expenditure account and balance sheet. Appointment of auditors. Auditors' report. Balance sheet and report to be sent to members. Establishment and constitution of general committee. Cesser of membership of general committee. Election by associate members of members of general committee. Third Schedule. Chairman and deputy chairman of general committee. Convening of meetings of general committee. Procedure at meetings of general committee. Restrictions on right of members of general committee to be present or to vote. Transaction of business by circulation of papers. Power of general committee to appoint committees. Power of general committee to appoint Honorary Presidents and Vice Presidents. Members of general committee entitled to reimbursement of expenses, but not to other remuneration unless authorized. Attendance at meetings of general committee of members invited by chairman of scheduled group. Allocation of ordinary and associate members to scheduled groups, etc. First and Third Schedule. Election of chairmen of scheduled groups, etc. convening of meetings of scheduled group. Procedure at meetings of schedule group. Appointment of representatives by members which are corporations, firms, etc. Inspection of accounts, etc. Power of general committee to make rules. Notice to scheduled groups of annual general meeting. Service of notices, etc. Validity of proceedings. Protection of badge of Federation. Fourth schedule. Saving.

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