THE HONG KONG INSTITUTION OF ENGINEERS ORDINANCE

THE HONG KONG INSTITUTION OF ENGINEERS ORDINANCE

LAWS OF HONG KONG

THE HONG KONG INSTITUTION OF ENGINEERS

ORDINANCE

CHAPTER 1105





CHAPTER 1105

THE HONG KONG INSTITUTION OF ENGINEERS

To provide for the establishment of The Hong Kong Institution of
Engineers andfor matters connected therewith.

[5th December, 1975.1

l.' This Ordinance may be cited as The Hong Kong Institution of
Engineers Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Council' means the Council of the Institution established under
section 7;

-Constitution- means the constitution of the Institution referred to in
section 10 for the time being in force;

'Institution' means The Hong Kong Institution of Engineers
incorporated by section 3;

'member' means a person whose name is included in the Register of
members for the time being of the Institution;

'President- means the person referred to as President of the Institution
in section 7 and any person acting as President in accordance with
the provisions of the Constitution;

'Register' means the Register of members of the Institution kept in
accordance with the Constitution;

'Secretary' means the secretary of the Institution appointed under the
provisions of the Constitution;

---Society'means the Engineering Society of Hong Kong registered as
such under the Societies Ordinance;

'year' shall mean the financial year of the Institution commencing on I
st day of April each year and ending on 31st day of March in the
year following except that the period from the establishment of the
Institution to the 31st March next thereafter shall be deemed to be a
financial year.

3. (1) There is hereby established a corporation to be known as
'The Hong Kong Institution of Engineers- which shall in that name be a
body corporate with perpetual succession and shall be capable of suing
and being sued and, subject to this Ordinance, of doing and suffering all
such other acts and things as bodies corporate may lawfully do and
suffer.

(2) The Institution shall have a common seal which shall not be
affixed except pursuant to a resolution of the Council, and unless





provided otherwise in the Constitution, in the presence of a member of
the Council and of the Secretary, or such other person appointed in his
place by the Council, each of whom shall sign his name.

(3) Any document purporting to be duly executed under the
common seal of the Institution authenticated in accordance with
subsection (2) hereof shall be received in evidence and shall, unless .the
contrary is proved, be deemed to be a document so executed.

4. The objects of the Institution are, subject to this Ordinance

(a)to promote the general advancement of the science and
practice of engineering in all its disciplines and branches;

(b)to maintain the integrity and status of the engineering
profession and to represent it both to the public and to the
Government;

(c)to establish and operate technical groups, specialist sections,
divisions or colleges within the Institution;

(d)to encourage and foster a spirit of friendly collaboration
amongst its members and with members of similar institutions
or other professional bodies;

(e)to hold meetings of the Institution for receiving
communications for discussion on subjects bearing upon
engineering or upon subjects relating thereto;

to facilitate the exchange of information and ideas in relation to
various disciplines and branches of engineering and to
publish and communicate to members information on all
matters in connection with the profession of engineering;

(g)to promote the acquisition of that species of knowledge which
constitutes the profession of engineer including modem
management methods;

(h) to establish scholarships and grant prizes;

(i)to discourage dishonourable conduct and practices arising in
the engineering profession;

(j)to do all such other things as are incidental or conducive to the
attainment of the above objects as the Council may consider
appropriate.

5. Subject to this Ordinance the Council may, on behalf of the
Institution, do all such things as are necessary for, or incidental or
conducive to the better carrying out of the objects of the Institution,
and, -in particular, but without prejudice to. the generality of the
foregoing, 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) provide appropriate amenities for members;

(d) employ staff;

(e)provide residential accommodation for staff and visiting
guests;

provide or contribute to pensions for staff;

(g)act as trustee in relation to pension schemes and funds for
scholarships and prizes;

(h) borrow money in such manner and on such securities or
terms as the Council deems appropriate or expedient;

(i)apply for any grant in aid for the functions of the Institu-
tion on such conditions as the Council deems appropriate
or expedient;

(j)invest the funds of the Institution in such manner and to
such extent as the Council thinks appropriate or expedient.

6. On the commencement of this Ordinance, the Institution
shall succeed to all property, rights, privileges, obligations and
liabilities of the Society.

7. (1) There is hereby established a Council to be known as
the Council of The Hong Kong Institution of Engineers.

(2) At the commencement of this Ordinance, the Council shall
consist of the persons holding the offices of President, Vice-President,
Honorary Secretary, Honorary Treasurer and Honorary Assistant
Secretary of the Society immediately before the commencement
of this Ordinance, and the persons who were members of the Com-
mittee of the Society immediately before the commencement of this
Ordinance.

(3) The persons specified in subsection (2) shall hold office until
the election of officers and members of the Council at the first annual
general meeting of the Institution or otherwise in accordance with
the provisions of the Constitution.

8. The management of the Institution shall be vested in the
Council and all the powers of the Institution shall be vested in and
exercisable by the Council except so far as this Ordinance or the
.-Constitution otherwise requires.

9. The members of the Institution shall be those persons
whose names are included in the Register, being-
(a)members of' the Society at the commencement of this
Ordinance; or

(b)other persons elected to membership in accordance with the
Constitution.





10. (1) The Council shall, as soon as practicable after the
commencement of this Ordinance, adopt a constitution for the
Institution.

(2) Within 14 days after the commencement of this Ordinance, the
President shall deliver to the Registrar of Companies for registration a
copy of the Constitution adopted under subsection (1), certified by the
President as being a true copy.

(3) The Constitution may be amended by the Institution at any time
in accordance with its provisions.

(4) It shall not be necessary to publish the Constitution or any
amendment thereof in the Gazette.

11. (1) Within 14 days after the commencement of this Ordinance
the President shall deliver to the Registrar of Companies for registration

(a) notice of the address of the Institution;

(b) a list containing the names and addresses of the members of
the Council;

(c) the name and address of the Secretary.'

(2) Within 14 days after the Constitution has been amended at any
time under section 10, the President shall deliver to the Registrar of
Companies for registration a copy of the Constitution as amended,
certified by the President as being a true copy.

(3) Within 14 days following any change in any of the particulars
required by subsection (1)(a), (b) or (c) to be delivered to the Registrar
of Companies, the President shall deliver notice of change to the
Registrar of Companies for registration.

(4) Not later than 6 months after the end of each year a statement
of income and expenditure during that year and of the assets and
liabilities of the Institution on the last day of that year prepared in
accordance with the Constitution, and the report of the auditors thereon
made under the Constitution shall be delivered by the President to the
Registrar of Companies for registration.

(5) Any person may inspect any of the documents registered
under this section upon payment of such fees as may be prescribed
under section 305 of the Companies Ordinance for the inspection of a
document.

(6) The Institution shall pay such fees for registering any document
under this section as may be specified in the Eighth Schedule to the
Companies Ordinance as if the Institution were a company not having a
share capital.

12. 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 as are
mentioned in this Ordinance and those claiming by, from or under them.
Originally 88 of 1975. Short title. Interpretation. (Cap. 151.) Establishment of The Hong Kong Institution of Engineers. Objects of the Institution. Powers of the Institution. Vesting of property. Establishment of the Council. Powers of the Council. Membership. Constitution. Particulars to be delivered to the Registrar of Companies. (Cap. 32.) Saving.

Originally 88 of 1975. Short title. Interpretation. (Cap. 151.) Establishment of The Hong Kong Institution of Engineers. Objects of the Institution. Powers of the Institution. Vesting of property. Establishment of the Council. Powers of the Council. Membership. Constitution. Particulars to be delivered to the Registrar of Companies. (Cap. 32.) Saving.

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