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] (Originally 26 of 1960) Cap 321 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Federation of Hong Kong Industries Ordinance. Cap 321 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "corporation" (法团) means any company within the meaning of the Companies Ordinance (Cap 32) and any body incorporated under any enactment; "Federation" (工总) means the Federation of Hong Kong Industries established by section 3; "general committee" (理事会) means the general committee established by section 34; "member" (会员) means any member of the Federation; "register" (登记册) means the register of members kept pursuant to the provisions of section 13; "representative" (代表) means the representative of any member appointed in accordance with the provisions of section 49; "scheduled group" (列明组别) means any group specified in the First Schedule; "secretary" (秘书) means the secretary of the Federation. (Amended 79 of 1994 s. 2) Cap 321 s 3 Establishment of Federation PART II ESTABLISHMENT AND INCORPORATION OF FEDERATION (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. Cap 321 s 4 Incorporation of Federation 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. Cap 321 s 5 Objects of Federation The objects of the Federation shall be- (a) to represent and serve the interests of Hong Kong's manufacturing industries and to provide a united voice for those manufacturing industries both in Hong Kong and elsewhere; (b) to foster the improvement and development of Hong Kong's manufacturing industries and to encourage efficiency, innovation, quality consciousness and technological advance among them; and (c) to advise the Government on any matter that affects Hong Kong's manufacturing industries. (Replaced 79 of 1994 s. 3) Cap 321 s 6 Powers of Federation Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 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 any article manufactured, processed or produced in Hong Kong or elsewhere that has been or is to be exported or re-exported from Hong Kong; (Amended 44 of 1991 s. 56; 79 of 1994 s. 4; 65 of 2000 s. 3) (ea) operate certification and marking schemes, and apply for certification trade marks under the Trade Marks Ordinance (Cap 559), for any article manufactured, processed or produced in Hong Kong or elsewhere that has been or is to be exported or re-exported from Hong Kong; (Added 64 of 1978 s. 2. Amended 44 of 1991 s. 56; 79 of 1994 s. 4; 35 of 2000 s. 98; 65 of 2000 s. 3) (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. Cap 321 s 7 Seal of the Federation and authentication thereof, and instruments executed thereunder (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 a deputy chairman of the Federation; and (Amended 79 of 1994 s. 5) (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. Cap 321 s 8 Certain contracts and instruments not required to be under seal 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. Cap 321 s 9 Management of business of Federation vested in general committee 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. Cap 321 s 10 Qualification for full membership PART III PROVISIONS AS TO MEMBERSHIP OF FEDERATION A person carrying on business in Hong Kong- (a) whose business is registered under section 6 of the Business Registration Ordinance (Cap 310); and (b) the nature of whose business comes within the description of a group specified in the First Schedule,may apply for admission to the Federation as a full member of it. (Replaced 79 of 1994 s. 6) Cap 321 s 10A Qualification for subscriber membership A person who qualifies for full membership may, instead of applying for full membership, apply for admission to the Federation as a subscriber member for the purpose of subscribing to a service the general committee may offer to subscriber members. (Added 79 of 1994 s. 6) Cap 321 s 11 Application for full or subscriber membership and admission of affiliated and honorary members (1) Every application for admission as a full member or a subscriber member of the Federation shall be made to the general committee. (Amended 79 of 1994 s. 7) (2) The general committee shall consider all such applications and shall admit to full membership or subscriber membership, as the case may be, such of those persons who are eligible for such membership as it thinks fit. (Amended 79 of 1994 s. 7) (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. Cap 321 s 12 Fees for membership, etc. The general committee may establish the fees payable, and the time of payment, for membership and for services provided to members, and it may establish different fees for different classes of membership and for allocation of a member to more than one scheduled group. (Replaced 79 of 1994 s. 8) Cap 321 s 13 Register of members (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. Cap 321 s 14 Notification of admission to members and issue of certificate and badge of membership (1) Every member shall be notified forthwith of his admission 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 appropriate fee, every such member shall be issued with a certificate of membership and a badge of membership. (Amended 79 of 1994 s. 9) (3) If any person ceases for any reason to be a member, he shall forthwith return to the Federation the certificate of membership and the badge of membership issued to him in accordance with the provisions of subsection (2). Cap 321 s 15 Rights of honorary, subscriber and affiliated members (1) Subscriber 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. (Amended 79 of 1994 s. 10) (2) Affiliated members shall be entitled to attend, and to vote at, all general meetings of the Federation. Cap 321 s 16 Resignation of members Any member may at any time resign from the Federation by giving to the secretary not less than one month's notice in writing. Cap 321 s 17 Cesser of membership 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. Cap 321 s 18 Expulsion or suspension of members (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; (Amended 79 of 1994 s. 11) (b) (Repealed 79 of 1994 s. 11) (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). Cap 321 s 19 Reinstatement of members in certain cases Any person who has been expelled from membership of the Federation under the provisions of section 18(1)(a) 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. (Amended 79 of 1994 s. 12) Cap 321 s 20 Effect of cesser of membership in relation to fees, etc., paid to Federation, etc. 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. Cap 321 s 21 Annual general meetings PART IV GENERAL MEETINGS OF FEDERATION (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. Cap 321 s 22 Extraordinary general meetings (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 other than those full members who are allocated to any scheduled group which is classified by the general committee as Non-manufacturing I and Non-manufacturing II in the First Schedule. (Amended 79 of 1994 s. 13) (3) Any meeting held in accordance with the provisions of this section shall be styled an extraordinary general meeting. Cap 321 s 23 Notice of general meetings (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. Cap 321 s 24 Quorum at general meetings, etc. (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 30 such members or one-tenth of the aggregate number of such members, whichever is the less. (Amended 79 of 1994 s. 14) (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. Cap 321 s 25 Chairmen of general meetings (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, a deputy chairman elected by the members of the general committee who are present at the meeting shall, preside at the meeting. (Amended 79 of 1994 s. 15) (3) If- (a) within 15 minutes of the time appointed for any such meeting, neither the chairman of the Federation nor a deputy chairman thereof is present; or (Amended 79 of 1994 s. 15) (b) they have notified the secretary that they will not be present at any such meeting, (Amended 79 of 1994 s. 15)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. Cap 321 s 26 Adjournment of general meetings (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. Cap 321 s 27 Votes and proxies (1) Subject to subsection (5), each full member and each affiliated member shall have one vote. (Replaced 79 of 1994 s. 16) (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. (5) All those full members who fall within any of the groups described as Non-manufacturing I and Non-manufacturing II in the First Schedule shall be entitled to attend all general meetings of the Federation, but shall not be entitled to vote at any such meeting. (Added 79 of 1994 s. 16) Cap 321 s 28 Voting at general meetings (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. Cap 321 s 29 Keeping of accounts PART V ACCOUNTS AND AUDITORS The general committee shall cause to be kept proper accounts of the Federation and proper records in relation thereto. Cap 321 s 30 Income and expenditure account and balance sheet (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. Cap 321 s 31 Appointment of auditors (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. Cap 321 s 32 Auditors' report 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. Cap 321 s 33 Balance sheet and report to be sent to members 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. Cap 321 s 34 Establishment and constitution of general committee Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 PART VI THE GENERAL COMMITTEE (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) (Repealed 79 of 1994 s. 17) (c) 3 members appointed by the Chief Executive.(1A) The general committee may have, in addition to the members referred to in subsection (1), 5 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. Amended 79 of 1994 s. 17) (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 any meeting of the general committee and whenever the chairman of that group is unable to attend, such vice-chairman shall also be entitled to be counted as part of the quorum for, and to vote at, such meeting. (Amended 79 of 1994 s. 17) (3) (a) The general committee may co-opt as members thereof not more than 5 persons who are full members, subscriber members or affiliated members or the representatives of any such members. (Amended 64 of 1978 s. 3; 79 of 1994 s. 17) (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 Chief Executive under the provisions of subsection (1)(c), or who is appointed under the provisions of subsection (1B), 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 Chief Executive, or under the provisions of subsection (1B), 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 co-opted. (Amended 81 of 1970 s. 4) (5) If any person who is so appointed by the Chief Executive to be a member of the general committee dies or ceases for any other reason to be a member thereof, the Chief Executive shall appoint another person to be a member thereof, and the person so appointed shall hold office until the end of the term of office of the person he replaced. (Amended 79 of 1994 s. 17) (6) Any person who is so appointed by the Chief Executive 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. (7) Commencing with the annual general meeting of the Federation that first occurs after the Federation of Hong Kong Industries (Amendment) Ordinance 1994 (79 of 1994) comes into operation, a person referred to in subsection (4) shall be a member of the general committee for a 2 years' term and, thereafter, a reference to the annual general meeting this section shall be deemed to be a reference to every other annual general meeting. (Added 79 of 1994 s. 17) (Amended 65 of 2000 s. 3) Cap 321 s 35 Cesser of membership of general committee Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 (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) (Repealed 79 of 1994 s. 18) (3) Any person who is appointed by the Chief Executive under the provisions of section 34(1)(c), or who is appointed under the provisions of section 34(1B), to be a member of the general committee shall cease to be a member thereof if he- (Amended 81 of 1970 s. 5; 65 of 2000 s. 3) (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 Chief Executive, in the case of a person appointed by the Chief Executive under the provisions of section 34(1)(c); or (Amended 65 of 2000 s. 3) (ii) to the secretary, in the case of a person appointed under the provisions of section 34(1B). (Replaced 81 of 1970 s. 5) Cap 321 s 36 (Repealed) (Repealed 79 of 1994 s. 19) Cap 321 s 37 Chairman and deputy chairmen of general committee (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 3 of its members, or such other number as the general committee establishes by resolution, to be deputy chairmen thereof. (2) The persons so elected shall, save as provided in subsection (3), hold office until immediately after the ensuing annual general meeting of the Federation. (3) A person so elected shall cease to be chairman or a deputy chairman, as the case may be, of the general committee if he ceases for any reason to be a member thereof. (4) If a person so elected dies or ceases for any other reason to be chairman or a deputy chairman of the general committee, the committee shall, as soon as practicable, elect another of its members to be the chairman or a deputy chairman thereof, as the case may be, and the person so elected shall, save as provided in subsection (3), hold office until the next election for that position. (Replaced 79 of 1994 s. 20) (5) The chairman and deputy chairmen of the general committee shall be the chairman and deputy chairmen, respectively, of the Federation. (6) Commencing with the annual general meeting of the Federation that first occurs after the Federation of Hong Kong Industries (Amendment) Ordinance 1994 (79 of 1994) comes into operation, the chairman and deputy chairmen of the general committee shall be elected for a 2 years' term and, thereafter, a reference to the annual general meeting in this section shall be deemed to be a reference to every other annual general meeting. (Added 79 of 1994 s. 20) (Amended 79 of 1994 s. 20) Cap 321 s 38 Convening of meetings of general committee (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. Cap 321 s 39 Procedure at meetings of general committee (1) The chairman thereof, or, if he is absent, a deputy chairman elected by the members present, shall preside at any meeting of the general committee. (Amended 79 of 1994 s. 21) (1A) Where only one deputy chairman is present at the meeting, he shall preside and where none of the deputy chairmen is present, the members present shall elect one of their number to preside. (Added 79 of 1994 s. 21) (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 10 members of the committee present in person. (Amended 81 of 1970 s. 6; 79 of 1994 s. 21)(3) All questions coming before any meeting of the general committee shall be decided by a majority of the members of the committee present in person on a show of hands or on a poll upon demand. (Amended 79 of 1994 s. 21) (4) Where the votes on any such question are equally divided, whether on a show of hands or on a poll the chairman of the meeting shall have a second or casting vote. (Amended 79 of 1994 s. 21) (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. Cap 321 s 40 Restrictions on right of members of general committee to be present or to vote (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. Cap 321 s 41 Transaction of business by circulation of papers 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. Cap 321 s 42 Power of general committee to appoint committees (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. Cap 321 s 42A Power of general committee to appoint Honorary Presidents and Vice Presidents (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) Cap 321 s 43 Members of general committee entitled to reimbursement of expenses, but not to other remuneration unless authorized 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. Cap 321 s 44 Attendance at meetings of general committee of members invited by chairman of scheduled group (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. Cap 321 s 45 Allocation of full members to scheduled groups, etc. PART VII SCHEDULED GROUPS (1) At the time any person is admitted as a full member of the Federation, the general committee shall allot such member to one of the scheduled groups. (2) A full 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, in which group or groups such full member shall not be entitled to vote or be voted for the post of chairman or vice-chairman. (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. (Replaced 79 of 1994 s. 22)(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 shall be published in the Gazette. (5) Where the exercise of the general committee's powers under subsection (3) would result in a change in the entitlement of any person to vote at a general meeting of the Federation as referred to in the Legislative Council Ordinance (Cap 542), such change does not take effect until the Secretary for Constitutional Affairs has given his written approval. (Replaced 48 of 1999 s. 49) (Amended 79 of 1994 s. 22) Cap 321 s 46 Election of chairmen of scheduled groups, etc. (1) Upon receipt of the notification given by the secretary under the provision 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 full members allocated to each of the scheduled groups, other than those full members who are allocated to such group pursuant to section 45(2), shall elect another full member of that group who is entitled to elect as aforesaid or the representative of such full member to be a chairman or vice-chairman. (Replaced 79 of 1994 s. 23. Amended 80 of 1997 s. 102) (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 (f) 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 a scheduled group dies or ceases for any other reason to be such chairman or vice-chairman, the full members of that group, other than those full members who are allocated to that group pursuant to section 45(2), shall, as soon as practicable, elect another full member of that group who is entitled to elect as aforesaid or the representative of any such full member to be the chairman or vice-chairman, as the case may be, and, save as provided in subsection (3), the person so elected shall hold office until the next election for that position. (Replaced 79 of 1994 s. 23) (5) Commencing with the elections relating to the annual general meeting of the Federation that first occurs after the Federation of Hong Kong Industries (Amendment) Ordinance 1994 (79 of 1994) comes into operation, the chairman and vice-chairman of each scheduled group shall be elected for a 2 years' term and, thereafter, a reference to the annual general meeting in this section shall be deemed to be a reference to every other annual general meeting. (Added 79 of 1994 s. 23) Cap 321 s 47 Convening of meetings of scheduled group (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. Cap 321 s 48 Procedure at meetings of scheduled group The provisions of section 27 and 39 save and except subsections (1) and (5) of section 27 and subsection (2)(b) of section 39 shall apply, mutatis mutandis, to meetings of any scheduled group as they apply to meetings of the general committee, and the quorum for any such meeting of a scheduled group shall not be less than one-fourth of its full members present in person or by proxy. (Replaced 79 of 1994 s. 24) Cap 321 s 49 Appointment of representatives by members which are corporations, firms, etc. PART VIII SUPPLEMENTARY AND MISCELLANEOUS (1) Every member which is a corporation, firm, association 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 Federation, 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. Cap 321 s 50 Inspection of accounts, etc. (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. Cap 321 s 51 Power of general committee to make rules (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 $12500. (Amended 79 of 1994 s. 25) Cap 321 s 52 Notice to scheduled groups of annual general meeting 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. Cap 321 s 53 Service of notices, etc. 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. Cap 321 s 54 Validity of proceedings (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. Cap 321 s 55 Protection of badge of Federation (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 the 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 $2500. (Amended 79 of 1994 s. 26) Cap 321 s 56 Saving Remarks: Adaptation amendments retroactively made - see 65 of 2000 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, 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. (Amended 65 of 2000 s. 3) Cap 321 Sched 1 SCHEDULED GROUPS [sections 2, 10, 27 & 45] Item No. of Group Description of Group 1. 1 Chemicals, pharmaceuticals and non-metallic mineral products 2. 2 Building materials 3. 3 Dyeing and finishing 4. 4 Electrical and optical products 5. 5 Electronic products 6. 6 Energy and power 7. 7 Fabricated metal products and iron, steel and non-ferrous metal basic industries and machinery 8. 8 Food, beverages and tobacco 9. 9 Footwear, and rubber and leather goods other than garments 10. 10 Wood products and furniture, fixtures and interior decorations, including steel, rattan and wood furniture 11. 11 Jewellery including handicraft items of jade and ivory 12. 12 Knit garments and other knit made-up goods 13. 13 Leather and fur garments and miscellaneous textiles 14. 14 Mould and die manufacturing 15. 15 Plastic products 16. 16 Printing and book binding and paper products 17. 17 Spinning 18. 18 Non-manufacturing I-support services for industry such as law, accountancy, banking, finance, insurance, godowns, real estate, leisure and entertainment 19. 19 Toys and games 20. 20 Non-manufacturing II-trading 21. 21 Transport services, equipment, repair and maintenance 22. 22 Watches and clocks 23. 23 Weaving 24. 24 Woven garments and other woven made-up goods 25. 25 Software and information technology (Added L.N. 174 of 2000) 26. 26 Environmental industries (Added L.N. 49 of 2004) 27. 27 Automobile components (Added L.N. 150 of 2004) (Replaced 79 of 1994 s. 27) Cap 321 Sched 2 (Repealed) (Repealed 79 of 1994 s. 28) Cap 321 Sched 3 (Repealed) (Repealed 79 of 1994 s. 29) Cap 321 Sched 4 BADGE OF FEDERATION [section 55] (Replaced 79 of 1994 s. 30)
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