Hong Kong University Students' Union 香港大學學生會

Council By-Laws (2006ECM4)

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Thursday, 17 April 2008

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THE HONG KONG UNIVERSITY STUDENTS' UNION COUNCIL

The Hong Kong University Students’ Union

The By-laws

The Hong Kong University Students’ Union Council

(Last revised in ECM4 2006)

SECTION ONE GENERAL

I. DEFINITION (amended in CM9 2003)

1. The following By-laws shall be called the "By-laws of Hong Kong University Students' Union Council" and hereinafter shall be referred to as the "By-laws";

2. “University” shall mean the University of Hong Kong;

3. “Student” shall mean a student of the University of Hong Kong, as defined in the University Statutes;

4. “Term” shall mean the same as stated in the University Statutes

5. “Union” shall mean the Hong Kong University Students’ Union;

6. “Constitution” shall mean the Constitution of the Union;

7. “Union Council” shall mean the Hong Kong University Students’ Union Council;

8. “Council Chairman” shall mean the Chairman of the Union Council;

9. “Honorary Secretary” shall mean the Honorary Secretary of the Union Council;

10. “Councillors” shall mean members of the Union Council;

11. “Council Committees” shall mean all Standing Committees, Judicial Committee and Committees ad hoc of the Union Council;

12. “Union Executive Committee” shall mean Executive Committee of the Union;

13. (repealed in CM9 2003)

14. (repealed in CM9 2003)

II. AIMS

1. The By-laws shall facilitate the smooth administration of the Union Council; (amended in CM6 1996)

2. All persons or committees mentioned below shall abide by the By-laws.

III. AMENDMENT

1. The By-laws shall be amended or rescinded at any Union Council Meeting; (amended in CM6 1996)

2. A notice intimating the proposed amendment or rescission shall be sent five clear days before the meeting. (amended in CM9 2003)

IV. INTERPRETATION:

The interpretation of the By-laws shall rest with the Union Council. (amended in CM6 1996)

SECTION TWO FUNCTIONS OF UNION COUNCIL

Constitution, Section VIII, Extract: (amended in CM6 1996)

Article I – FUNCTIONS

a. To represent the students of the University in such matters as affect their interest;

b. To afford a recognized means of communication between the general body of the student and the University authorities.

Article II – AUTHORITY

The Union Council shall have the power and authority only second to the General Meeting and the General Polling of the Union.

I. SUPERVISORY (amended in CM6 1996)

1. To supervise all Union sub-organizations and sub-units so as to prevent them from acting contrary to the Constitution;

2. To supervise the Union Executive Committee in its executive work.

II. LEGISLATIVE

1. To make terms of reference of the Council Committees; (amended in CM6 1996)

2. (repealed in CM9 2003)

3. To scrutinize the constitutions of the Union sub-organizations;

4. To make By-laws of the Union Council; (amended in CM6 1996)

5. To approve regulations made for executive purposes formulated by the Union Executive Committee, or parties specifically delegated by Union Council. (amended in CM6 1996)

III. JUDICIAL

1. To consider any protest, grievance, or alleged infringement of the Constitution, constitutions of Union sub-organizations and all such matters as may be placed before the Union Council by any member of the Union or a Union sub-organization, and deemed necessary, to adjudicate upon, or act in, all such cases; (amended in CM6 1996)

2. To interpret the Constitution. (appended in CM9 2003)

IV. FORMULATION OF POLICY (amended in CM6 1996)

Both the Union Executive Committee and the Union Council have the right to formulate policy of the Union. In case of a dispute or a conflict in policy, the ruling of the Union Council shall override that of the Union Executive Committee. But the Union Executive Committee should have the right to appeal to the General Meeting or General Polling.

V. CONTROL OVER FINANCE (amended in CM6 1996)

The Union Council shall have overriding control over all financial matters relating to the Union, excepting a contrary decision by the General Meeting or General Polling.

VI. APPOINTMENT (amended in CM6 1996)

To make all appointments to Council Committees and to nominate student seats of University committees. In all cases of appointments to Standing Committees and nominations of student seats on University Committees, the Union Executive Committee shall receive a list of applicants from the Honorary Secretary and shall submit their recommendations on the applicants prior to appointment.

VII. GENERAL BUSINESS (amended in CM6 1996)

1. To deal with the business as stated in Section VIII Article 10 of the Constitution at regular meetings of the Union Council;

2. To deal with other business furthering the functions I to VI;

3. To maintain permanent documentation of information related to the Union;

4. To maintain constant communication with the Union sub-organizations through publications and other means; to maintain constant contact with Union sub-organizations and to maintain constant contact with the University authorities and other related external bodies.

SECTION THREE UNION COUNCIL MEETINGS

I. SESSION (amended in CM9 2003)

1. There shall be Union Council Session of the Union Council once in every year commencing with the First Meeting held within two weeks after the 29th day of the Second Term and ending with the moment preceding the commencement of the First Meeting of the next Union Council Session;

2. The First Meeting of the Union Council Session shall be convened by the Council Chairman of the previous Union Council Session. The new Council Chairman and new Honorary Secretary shall be elected immediately after the meeting is opened.

II. ANNUAL DEBATE (amended in CM6 1996)

There shall be one Union Council Meeting serving the function of Annual Debate in every Union Council Session.

III. UNION PRESIDENT’S ADDRESS (amended in CM6 1996)

1. The President shall address the Union Council at the First Meeting of the Union Council Session, outlining the principal policies of the Union Executive Committee for the Union session;

2. The content of the President's Address shall be printed in the working papers and distributed to Councillors;

3. Immediately after the President has addressed the Union Council, debate shall take place on the President's Address. A motion may be moved for an address of thanks to the President for his address. The motion shall be moved in the following form: "That this Council thanks the President for his address";

4. The content of the President's Address shall be published in the coming issue of the Undergrad.

IV. COUNCIL CHAIRMAN'S ADDRESS

1. The Council Chairman shall address the Union Council at the second meeting of the Union Council Session, outlining the principal policies of the Council Chairman for the Union Council Session; (amended in CM6 1996)

2. The content of the Council Chairman's Address shall be printed in the working papers and distributed to Councillors;

3. Immediately after the Council Chairman has addressed the Union Council, debate shall take place on the Council Chairman's Address. A motion may be moved for an address of thanks to the Council Chairman for his address. The motion shall be moved in the following form: "That this Council thanks the Council Chairman for his address"; (amended in CM6 1996)

4. The content of the Council Chairman's Address shall be published in the coming issue of the Undergrad. (amended in CM6 1996)

V. MEETING TIME (amended in CM9 2003)

1. Meetings of the Union Council during each Union Council session shall be held on such days and shall begin at such hour as the Council Chairman (in the case of the First Meeting of a new session, the Council Chairman of the previous Union Council Session) shall determine or as decided by the Union Council;

2. Written notice of every meeting of the Union Council other than the First Meeting of a new Union Council Session shall be issued by the Council Chairman and shall be sent by the Honorary Secretary to all Councillors at least 12 clear days before the meeting, except for the case of the Emergency Council Meetings for which at least 24 hours’ notice is required;

3. At a time 6 hours after the commencement of the meeting, the proceedings on any business, agendum or motion under consideration shall be interrupted, and if the Union Council is in committee, the Union Council shall resume: provided that, if the Council Chairman is of the opinion that the proceedings on which the Union Council is engaged could be concluded by a short deferment of the moment of interruption, he may in his discretion defer interrupting the business;

4. If a voting is in progress at the moment of interruption, the business shall not be interrupted until after the declaration of the results of the voting;

5. After the interruption, the Union Council Meeting can only be extended hour by hour with common consensus of all Councillors present (including Council Chairman and Hon. Secretary); otherwise only motions for the adjournment of the Union Council, deferment of agenda items and resolutions on date(s) of meeting(s), could be entered upon after the interruption of business under V (3)

VI. ARRANGEMENT OF BUSINESS (amended in CM6 1996)

1. Except for the First Meeting of a Union Council Session, the business of each ordinary Union Council Meeting shall be transacted in the following order unless the Council Chairman orders otherwise:-

a. Singing of the Union Song (amended in ECM4 2006)

b. Apologies, Replacements

c. Introduction of New Councillors and their maiden speeches

d. Report of motion carried by circulation

e. Adoption of agenda

f. Confirmation of the minutes of the previous meeting or meetings and matters arising therefrom

g. Asking and answering of questions put to the Union Executives, Council Committees and Union sub-organizations

h. Reading by the Council Chairman of any communication addressed to the Union Council and matters arising therefrom

i. Reports of the Union Executive Committee and Council Committees, and any motions thereon

j. Union Business (i.e. introduced by the Union Executive Committee and Council Committee) of which due notice has been given

k. Private Business (i.e. introduced by private Councillors) of which due notice has been given

l. Business without notice being permitted or initiated by the Council Chairman as a matter of urgency or expediency

2. The items in each ordinary Union Council Meeting shall be divided into two sections -- Section A and Section B as decided by the Council Chairman. Section A comprises items which do not require discussion. Section B comprises items which contain likely controversial elements. If any Councillors wish to transfer an item from Section A into Section B, he shall approach the Council Chairman, or raise the proposal, in the adoption of the agenda of the meeting; (amended in CM9 2003)

3. At an Emergency Council Meeting, the only business to be considered shall be that specified in the notice convening the meeting and unless the meeting determine otherwise, shall be taken in the order therein set forth.

VII. AGENDA PAPER

1. All items of business for a meeting of which notice has been given shall be placed on the Agenda Paper for the meeting in the order required by VI;

2. 12 clear days before the scheduled date of each ordinary meeting, the Honorary Secretary shall issue a notice to all members listing all items of business for the coming meeting so far entered into the Agenda; (amended in CM9 2003)

3. Councillors who wish to introduce any item of business into the Agenda shall submit written agenda requests to the Honorary Secretary together with the relevant papers at least 7 clear days before the meeting; provided that the Council Chairman shall permit otherwise; (amended in CM6 1996)

4. The Proposed Agenda Paper of each ordinary meeting shall be issued by the Council Chairman and sent by the Honorary Secretary to all Councillors at least 5 clear days before the meeting. (amended in CM6 1996)

VIII. QUESTIONS TO UNION EXECUTIVES, COUNCIL COMMITTEES, AND UNION SUB-ORGANIZATIONS (amended in CM6 1996)

1. Councillors may address a question to other Councillors, Council Committees, or Union sub-organizations relating to any matter for which they are responsible, either seeking information on such matter or asking for action with regard to it; (amended in ECM4 2006)

2. Question(s) concerning with clubs affiliated through Sports Association, Cultural Association and Independent Clubs Association, and to Faculty Society, shall be directed to the President and/or the representative of Sports Association, Cultural Association, Independent Clubs Association and the corresponding Faculty Society respectively; (amended in ECM4 2006)

3. All questions require written reply which should be ready for distribution in the meeting;

4. Questions may be asked at any ordinary meeting except the First Meeting of a Union Council Session;

5. Not more than 10 questions of which notice has been given may be asked at any one meeting. A Councillor may not ask more than 3 questions each on one particular issue and of which notice has been given at any one meeting;

6. A Councillor shall give notice of a question by submitting to the Honorary Secretary, not later than 5 clear days before the meeting at which an answer is required, a copy thereof signed by the Councillor;

7. If a Councillor asks the permission of the Council Chairman to ask a question without notice on the ground that it is of an urgent character, the Council Chairman may permit the question to the asked without notice, if he is satisfied that it is of that nature and that sufficient private notice of the question has been or is to given to the Union Executive Committee or Council Committee to enable the question to be answered;

8. A question shall confirm to the following rules

a. A question shall not contain arguments, inferences, opinions or unparliamentary expressions

b. A question shall not refer to proceeding in a committee before that Committee has made its report to the Union Council

c. A question shall not be asked for the purpose of obtaining an answer to a hypothetical proposition

d. A question shall not be asked seeking information which can be found in easily accessible documents or ordinary works or reference

9. If the Council Chairman is of the opinion that a question of which a Councillor has given notice to the Honorary Secretary or which a member has sought to ask without notice infringes any of the provisions of VIII 8), he may direct:

a. that the question be so asked with such alternation as he may direct; or

b. that the Councillor concerned be informed that the question is out of order

10. During the Questioning Period, that Council Chairman shall call on members who have given formal or private notice of questions to ask their questions (in the order in which notice of them was received). After each question is asked, the Union Executive, Chairman of the Council Committee or representative of the Union sub-organization who is to answer it shall give his reply;

11. After an answer has been given to a question, not more than 3 supplementary questions may be asked by Councillors for the purpose of elucidating that answer, but the Council Chairman shall refuse to allow a supplementary question to be answered if in his opinion it introduces matter which is not related to the original question or which infringes any of the provisions of VI 8);

12. After answers have been given to all the supplementary questions, at most three comments can be given only by those who have previously raised the questions;

13. A Councillor shall not address the Union Council on a question and a question shall not be made a pretext for a debate;

14. The Questioning Period in any particular meeting shall not extend for more than 1 1/2 hours.

IX. REPORTS (amended in CM9 2003)

1. The Union Executive Committee (unless specified) is required to submit two reports to the Union Council each year, one on August 31 and the other within one month after the last day of the Union Session;

2. The Presidents of Sports Association, Cultural Association and Independent Clubs Association are required to submit two reports to the Union Council each year, one on November 30 and the other within one month after the last day of his session; (amended in ECM4 2006)

3. The Undergrad is required to submit two reports to the Union Council each year, one on August 31 and the other within one month after the last day of the Union session;

4. The Campus TV is required to submit two reports to the Union Council each year, one on August 31 and the other within one month after the last day of the Union Session;

5. Each of the Popularly Elected Union Councillors is required to submit two reports to the Union Council each year, one on August 31 and the other within one month after the last day of the Union Session;

6. The Standing Committees of the Union Council are required to submit two reports each year, one on August 31 and the other within one month after the last day of the Union Council Session. They shall also present reports when requested by the Council Chairman;

7. The reports mentioned above shall be sent to the Honorary Secretary on or before the dates specified;

8. All Committees ad hoc and commissions (except Election Commission) under the Union Council shall present a full report to the Union Council upon completion of their commissioned business and such interim reports as requested by the Council Chairman;

9. It is expected that all reports mentioned in this section, except those from Committees ad hoc and commissions under the Union Council, to include the following points:

a. names and terms of office of members in case of Standing Committees of the Union Council

b. work done within the period to be reported

c. disclosure of special financial affairs, if any

d. relevant recommendations, and

e. report of the sub-committee under the Union Executive Committee

10. In every report, the recommendations shall be set out distinctively and numbered consecutively;

11. These reports shall be submitted to the Union Council by the Councillor presenting the report moving "that the Report of ...... (name of the parties concerned) be received". On this motion the only amendments permitted shall be that of partial reception or of reference back. However, it shall be competent for the Councillor presenting the report, with the consent of the Union Council, to withdraw or amend any paragraph of the report other than the recommendations;

12. The recommendations in the report shall not be discussed on the motion for the reception of the report but shall be moved separately;

13. After each recommendation in the report is moved, debate may follow and amendments may be moved thereto. If the question be agreed to, the recommendation, or the recommendation as amended, as the case may be, shall become a resolution of the Union Council;

14. Consideration of a recommendation may be postponed until the remaining recommendation, or some of them, have been considered or the recommendation may be referred back, provided in either case a decision has been taken on an amendment proposed thereto.

X. WORKING PAPER FOR ORDINARY COUNCIL MEETING (amended in CM6 1996)

1. All documents or papers intended for a Union Council Meeting shall be submitted to the Honorary Secretary, who shall avail all Councillors of such documents paper as deemed proper by the Council Chairman;

2. Relevant working papers of agenda in both sections A & B shall be submitted to the Honorary Secretary at least 5 clear days before the meeting, otherwise that agenda/agendum shall be deferred to the next Union Council meeting, unless with the consent of the Union Council;

3. Working papers shall be available to Councillors at least three clear days before the meeting. Late documents or papers shall only be accepted for circulation when the Council Chairman deems the documents or papers relevant and delay unavoidable;

4. No documents or papers shall be circulated once a meeting has commenced unless with the approval of Union Council.

XI. MINUTES (amended in CM6 1996)

1. The Honorary Secretary shall be responsible for keeping in minutes;

2. The following shall be included within the minutes:

a. Resolutions and motions of the meeting

b. Lost motions and defeated amendments

c. Comments or protest from members on a Union Council resolution or a ruling of the Council Chairman and made immediately upon the resolution or ruling

d. Written speech presented by Councillors

3. The Honorary Secretary shall record a brief summary of arguments as he deems fit, and shall record the contribution of each speaker where possible;

4. The Honorary Secretary shall also record such material as instructed by the Union Council. No other records are obligatory;

5. No other persons other than the Honorary Secretary shall take recordings of any parts of the proceedings of Union Council Meetings.

XII. COMMENTS FROM COUNCILLORS (amended in CM6 1996)

Councillor may raise protest or voice comments on a Union Council resolution or a ruling of the Council Chairman immediately upon the resolution or ruling and these shall be noted on the minutes if the comments are in written form.

XIII. MEMORANDA FROM COUNCILLORS (amended in CM6 1996)

On any agendum, every Councillor can prepare and submit a written memorandum to the Union Council expressing their views on the matter.

XIV. INVITATION (amended in CM6 1996)

1. Student Senators shall be invited to sit as official observers at Union Council Meetings at the commencement of their office. On accepting the invitation, they shall have full speaking right but shall have no voting right. They shall also be abided by the SECTION 4;

2. The Council Chairman shall invite speakers or advisors to Union Council Meeting as he deems fit. Speakers shall present speeches and provide information when requested as arranged on the agenda, and advisors shall have full speaking right on the agenda item on which he is invited.

SECTION FOUR UNION COUNCIL ATTENDANCE

I. APPLICABILITY (amended in CM6 1996)

These rules will be applicable to all Councillors and official observers.

II. MAIDEN SPEECH (amended in CM6 1996)

Every new Councillor shall deliver a speech to the Union Council at his first Union Council Meeting pledging his support to the Union Council.

III. (repealed in CM6 1996)

IV. UNION COUNCIL ATTENDANCE (amended in CM6 1996)

1. All Councillors shall not attend less than 50% of all Union Council Meeting sessions during the Councillor’s individual session;

2. All Councillors shall not be absent for three consecutive meeting sessions;

3. Councillors forecasting their absence from or late arrival or early departure from a meeting session should submit their apology in writing. Only written apology will be accepted by the Union Council;

4. Councillors who are late for a meeting should mark their time of arrival against their signature on the attendance sheet. Councillors who are leaving a meeting for the rest of the session should notify the Union Council. Councillors departing early and failing to inform the Union Council of their departure shall be considered as absent for the whole meeting;

5. Councillors who are late for a meeting for more than 45 minutes and without prior written notification to the Union Council shall be considered as absent for the whole meeting;

6. For a meeting session which lasts for less than 6 hours, attending less than half of the meeting duration shall be considered as absent for the whole meeting; for a meeting session which lasts for more than 6 hours, attending less than 4 hours shall be considered as absent for the whole meeting;

7. Councillors should inform the Union Council for any temporary leave longer than 15 minutes;

8. Replacement, late arrival with apology and early departure with notification to the Union Council, provided there is no contradiction with (6) should not be counted as absence for the meeting.

V. INFRINGEMENT (amended in CM6 1996)

In case of infringement of the rules above, the Union Council, on receiving and explanation from the Councillor concerned, and finding the explanation fit and reasonable, may suspend the application of the By-laws on that particular case. Otherwise infringements shall call for:

1. A motion passed during the meeting censuring that particular Councillor or official observer:

"That the Union Council notes, regrets and dissatisfies with the infringement of Union Council By-laws and breach of duty of ....., for:

a. attending less than 50% of all Union Council Meeting sessions convened during his session or/and

b. not attending three consecutive Union Council Meeting sessions during his session and demands that no further infringement shall be committed"

2. A notice containing the above motion be posted up at the Official Union notice-board;

3. A letter containing the motion shall be sent to the Union sub-organization which he represents if applicable;

4. The infringement and the above motion shall be announced in the official publication of the Union.

VI. COMPLIANCE (amended in CM6 1996)

Printed expression of appreciation shall be distributed to Councillors or official observers who comply with all the above rules.

VII. REPLACEMENT (amended in CM6 1996)

In case of inability to attend Union Council Meetings, Councillors from Union sub-organizations can be temporarily replaced by a current executive committee member of the Union sub-organization appointed by its executive committee. A formal letter from the Chairman/President, Councillor or General Secretary of the respective executive committee intimating such replacement should be directed to the Council before the commencement of the meeting. No replacement can be effected when a meeting is in progress. Councillors sitting in Union Council by virtue of their individual posts cannot be replaced.

VIII. VACANCIES OF UNION SUB-ORGANIZATION EXECUTIVES (amended in CM6 1996)

In case that a Union sub-organization has no executive committee in that Union Session, the respective sub-organization shall not be represented in the Union Council until a person is elected by a General Meeting or General Polling of the respective sub-organization as the Councillor. This restriction shall not be applicable to Sports Association, Cultural Association or Independent Clubs Association Councillors. (amended in ECM4 2006)

SECTION FIVE UNION COUNCIL ADMINISTRATION

I. COUNCIL CHAIRMAN

1. He shall convene Union Council Meetings and General Meetings and chair at these meetings, and shall act as commissioner for all General Pollings; (amended in CM6 1996)

2. He shall arrange the order of business and prepare the agenda for meetings and shall consult the Council Business Committee whenever he deems necessary;

3. He shall take appropriate measures to deal with all procedural or urgent matters demanding instant resolution at Union Council and shall consult the Council Business Committee whenever he deems necessary; (amended in CM6 1996)

4. He shall ask for the assistance of the Council Business Committee whenever he deems fit and shall steer the Council Business Committee in its functioning;

5. He shall have the right to observe the meetings of Union Finance Committee, Union Election Committee and University Affairs Committee. (amended in CM6 1996)

6. He shall receive requisition of convening extra-ordinary general meeting (or equivalent, if any) of directly affiliated sub-organization in accordance with Terms of Reference of Council Business Committee. He shall convene the meeting in accordance of Section Eleven of by-laws. In case the sub-organization being Sports Association club, Cultural Association club and Independent Clubs Association club, he may refer the case to respective council. (amended in ECM4 2006)

II. HONORARY SECRETARY (amended in CM7 1996)

1. He shall be appointed from Full Members of the Union at the First Meeting of a new Union Council Session;

2. He shall have full speaking right but not voting rights at Union Council Meetings and shall be responsible for taking minutes at Union Council Meetings;

3. He shall lead the Union Council Secretariat in performing its duties and shall perform all work relating to Union Council under the instruction of the Council Chairman;

4. He shall be under the instruction only of the Council Chairman, of Union Council Meetings and of General Meetings;

5. In the absence of the Honorary Secretary, the Union Council shall elect a union member to act as the Acting Honorary Secretary. If he is a Councillor of that Union Council Session, he retains his voting right.

III. UNION COUNCIL SECRETARIAT (amended in CM7 1996)

1. It shall compose of the Honorary Secretary, the General Secretary and two Union Full Members co-opted by the Honorary Secretary with the approval of the Union Council;

2. It shall be led by the Honorary Secretary, and shall be under the instruction of the Council Chairman;

3. (repealed in CM7 1996)

4. It shall collect documents and records relating to the Union from the Union Executive Committee (at the end of the Union Session) and Union sub-organizations, and shall collect other relevant materials from other sub-units;

5. It shall maintain a Union Council Library maintaining all records, documents and materials relating to the Union;

6. (repealed in CM7 1996)

7. It shall arrange for the provision of appropriate information to Councillors and other members of the Union;

8. It shall conduct such business as the Council Chairman instructs.

IV. AUTHORIZATION TO ISSUE OFFICIAL DOCUMENTS ON BEHALF OF THE UNION COUNCIL (Amended in CM7 1996)

The Council Chairman, Honorary Secretary, respective Union Executive(s) and chairman of the respective Standing Committee(s) of the motion(s) concerned, together with the attachment of a copy of the relevant motion paper(s) or minutes, can issue official documents on behalf of the Union Council.

SECTION SIX UNION COUNCIL STANDING COMMITTEES

I. STANDING COMMITTEES

1. Standing Committees shall be long-term committees delegated to perform policy wise significant aspects of functions of Union Council; (amended in CM7 1996)

2. Standing Committees shall be seasonally appointed by Union Council at its First Meeting of the Union Council Session, and the session of each shall terminate with a new appointment by Union Council at its First Meeting of the next Union Council Session; (amended in CM7 1996)

3. Standing Committees are Constitution Review Committee, Current Affairs Committee, University Affairs Committee, Delegation to Hong Kong Federation of Students, Union Finance Committee, Union Elections Committee and Council Business Committee. (amended in CM7 1996)

II. ORGANIZATION

DEFINITION: (amended in CM7 1996)

In this section:

“Hall Councillor” shall mean a Councillor who is such by virtue of his office as representative of a Hall Association;

“Faculty Councillor” shall mean a Councillor who is such by virtue of his office as representative of a Faculty Society;

“Non-executive Councillor” shall mean a Councillor who is not a Union Executive.

1. The membership of each Standing Committee, including the chairman and secretary, is illustrated in the respective terms of reference; (amended in CM7 1996)

2. (repealed in CM7 1996)

3. (repealed in CM7 1996)

4. All Standing Committees shall be empowered to set up working sub-committees for dealing with specific matters. These sub-committees shall be directly responsible to the committee concerned and their terms of reference shall be decided by the parent committee at the time of their establishment.

III. FUNCTION

1. All Standing Committees shall perform functions as specified in their respective terms of reference; (amended in CM7 1996)

2. They shall hold meetings at least once a term to discuss and resolve on matters within their scope of duty;

3. They shall submit reports on or before August 31 and within one month after the last day of the Union Council Session. All recommendations to the Union Council shall be listed out distinctively for the consideration of the Union Council; (amended in CM7 1996)

4. They shall also send one copy of all correspondences and reports notices and agenda of meetings, minutes and working papers of meetings and other relevant documents to the Union Council Secretariat for central filing. (amended in CM7 1996)

IV. MEETINGS

1. At least 3 clear days’ notice shall be served for all regular committee meetings. An agenda shall also be issued at least 3 clear days before the meeting. At least 24 hours shall be served for all emergency meetings of the Committee, an agenda shall also be issued at least 24 hours before meeting;

2. A simple majority of the current membership shall form a quorum for all meetings;

3. Each Standing Committee may, at its own discretion, invite observers or advisors to committee meetings.

V. OBLIGATIONS OF THE CHAIRMAN AND SECRETARY OF COUNCIL COMMITTEES (amended in CM7 1996)

1. The chairman of a Council Committee shall:

a. represent the Council Committee in the Union Council

b. convene the Council Committee and chair at the meetings of the committee

c. have the sole right to issue official documents of the respective Council Committee

d. co-ordinate the committee members to perform the functions of the committee properly

2. The secretary shall:

a. assist the chairman to prepare official documents of the committee

b. prepare the minutes of the meeting

VI. COUNCIL COMMITTEE ATTENDANCE (amended in CM7 1996)

1. All committee members shall not attend less than 50% of all committee meetings during his individual Union Council Session;

2. All committee members shall not be absent for three consecutive committee meetings;

3. Committee members who are late for a meeting for more than 45 minutes and without prior notification to the committee shall be considered as absent for the whole meeting;

4. For a meeting session which lasts for less than 6 hours, attending less than half of the meeting duration shall be considered as absent for the whole meeting; for a meeting which lasts for more than 6 hours, attending less than 4 hours shall be considered as absent for the whole meeting;

5. Late arrival with apology and early departure with notification to the committee, provided that there is no contradiction with subsection 4 should no be counted as absence for the meeting.

VII. PROCEDURE FOR ISSUANCE OF PRESS STATEMENTS BY COUNCIL COMMITTEES (amended in CM7 1996)

1. This section only applies to those Council Committees whose terms of reference states that they can issue press statements;

2. The Committee shall meet for discussion and issue press statements to the leading newspapers in Hong Kong when necessary and the Committee shall be directly responsible for the statements;

3. The press statements shall be reviewed by the Union Council at the coming meeting. A vote of censure or vote of no-confidence can be passed on the Committee if their press statements are to be irresponsible and detrimental to the reputation of the Union. Once their press statements are endorsed by the Union Council, the Union shall be directly responsible for the statements; (amended in CM9 2003)

4. Emergency Council Meetings can be called immediately to discuss the press statements issued by the Committee and subsequently to repudiate or endorse them;

5. The Committee shall have the right to send their statements after press release, before they have been endorsed by the Union Council, to various individual people whom the Committee thinks appropriate;

6. The Committee shall appoint a spokesman who shall be a Councillor, from among its body who is the authorized person in dealing with the press. The spokesman shall only speak to the press in the presence of one other member of the Committee;

7. The chairman of the Committee shall have the right to interpret the contents of the issued statement along the line of the policy of the Union;

8. The chairman of the Committee with the consent of the Council Chairman and the President shall have the power to issue an emergency comment on any current topics when approached by the mass media. If the topic is controversial, he may call an emergency committee meeting to discuss the issue;

9. All press Statements shall be issued in the name of the "Hong Kong University Students' Union". If they are repudiated by the Union Council, new press statements shall be issued to clarify the policy of the Union.

VIII. TERMS OF REFERENCE OF CONSTITUTION REVIEW COMMITTEE (CRC) (amended in CM3 1998)

1. To keep a regular review of the structure and organization of the Union and its sub-organizations, the Union Council and its committees, and to make necessary recommendations to Union Council;

2. To recommend revisions to the Constitution and By-laws, and the terms of reference of Council Committees;

3. To review all constitutions revisions of Union sub-organizations and make report to the Union Council. All constitution revisions of the Union sub-organizations shall be submitted to the committee for advisory consideration before presenting them to the respective general meetings for approval;

4. To review all revisions in regulations that are for executive purpose and to make report to Union Council;

5. To advise Union Council on all matter concerning the affiliation or disaffiliation of Union sub-organizations;

6. To keep a copy of all sub-organizations’ Constitution and By-laws;

7. Membership:

a. Council Chairman [Chairman]

b. Honorary Secretary [Secretary] (non-voting)

c. President

d. Vice-President (Internal)

e. General Secretary

f. President of Sports Association

g. President of Cultural Association (amended in ECM4 2006)

h. President of Independent Clubs Association

i. 3 non-executive Councillors (preferably one Law Association Representative, one faculty councillor and one hall councillor)

IX. TERMS OF REFERENCE OF CURRENT AFFAIRS COMMITTEE (CAC) (amended in CM7 1996)

1. To encourage and stimulate Union Members' interests and participation in current affairs, local as well as international. "Current Affairs" shall include all the current affairs in economic, political and social aspects of the world, with special emphasis on Hong Kong;

2. To issue press statements on current affairs, following the procedure for issuance of press statements by Council Committees;

3. To advise Union Council on current affairs;

4. To organize seminars, forums, talks and debates on economic, political, social and other related topics, any person may be invited to participate in the discussion;

5. Membership:

a. Current Affairs Secretary [Chairman]

b. Council Chairman

c. President

d. Vice-President (External)

e. 3 External Affairs Secretaries [one shall be appointed by Union Council as Secretary] (amended in CM3 1998)

f. 2 non-executive Councillors

g. 1 Popularly Elected Union Councillor

h. 8 Union Full Members

One representative of the current affairs group or committee (if any) of each Faculty Society and Hall Association shall be invited to sit as official observer at the committee meetings. On accepting the invitation, they shall have no voting right. They shall also be abided by this subsection in the By-laws.

X. TERMS OF REFERENCE OF UNIVERSITY AFFAIRS COMMITTEE (UAC) (amended in CM7 1996)

1. To study and advise Union Council on all matters relating to:

a. student welfare provided by the University

b. student participation in University governance

c. academic development of the University

d. hall development

e. development of non-residential facilities

2. To issue press statements on University affairs, following the procedure for issuance of press statements by Council Committees;

3. To compile reports from student seats in University committees (except Disciplinary Committee) for the information of Union Council;

4. To co-ordinate the efforts of student seats in University committees;

5. To facilitate communication among students seats in University committees;

6. Membership:

a. 2 University Affairs Secretaries [The Chairman shall be appointed by Union Council] (amended in CM3 1998)

b. President

c. Vice-President (Internal)

d. General Secretary [Secretary] (non-voting)

e. Student Welfare Secretary

f. 1 Faculty Councillor

g. 1 Hall Councillor

h. 1 Popularly Elected Union Councillor

i. 7 Union Full Members (preferably 3 Student Senators) (amended in CM3 1998)

XI. TERMS OF REFERENCE OF DELEGATION TO HONG KONG FEDERATION OF STUDENTS (amended in CM7 1996)

1. To represent the Union in the Hong Kong Federation of Students. It may decide by voting whether a united stand should be presented by the Delegation on any issue. Such stand may be resolved within the Delegation by voting. In case of a tie in voting, the chairman shall have a further casting vote. Any member shall then speak and vote at Hong Kong Federation of Students meetings to uphold such stand as decided. The chairman (or in his absence a member appointed by him) shall be the sole spokesman for the Delegation;

2. To advise the Union Council on any matter relating to the Hong Kong Federation of Students. It shall consult the Union Council on important issue whenever possible. The Union Council may give overriding instructions to the Delegation at any time regarding the stand of the Union in the Hong Kong Federation of Students on any issue;

3. Members of the previous and present Union Council Session shall meet to draw up the stand of the Union for the Annual Conference of the Hong Kong Federation of Students;

4. Membership:

a. Vice-President (External) [Chairman] (Chief Delegate)

b. 4 Union Full Members

c. President (non-voting)

d. 1 Councillor (non-voting)

In case of absence of a member at a meeting of the Hong Kong Federation of Students, he shall be replaced in that meeting by the President. In the case of absence of two members, both the President and the Councillor shall replace them at that particular meeting. There shall be no secretary in the Delegation.

XII. TERMS OF REFERENCE OF UNION FINANCE COMMITTEE (UFC) (amended in CM9 2003)

1. To advise the Union Council on all matters of Union Finance, have power to investigate all matters of Union Finance and to render regular reports to the Union Council; (extract from Constitution, Section XI Article 4a)

2. To manage Union Income and Expenditure;

3. To scrutinize the Annual Budget and supplementary budgets of Union sub-organizations;

4. To approve and disapprove fund-raising activities;

5. To draft Financial Regulations;

6. To manage Funds mentioned in Financial Regulations;

7. To take action into all matters of Union Finance;

8. Membership: (extract from Constitution, Section XI Article 4b)

a. Financial Secretary [Chairman]

b. Honorary Treasurer

c. President

d. Administrative Secretary

e. Financial Secretary of Sports Association

f. Financial Secretary of Cultural Association (amended in ECM4 2006)

g. Financial Secretary of Independent Clubs Association

h. Representative from each Faculty Society’s Council

i. 3 non-executive Councillors

XIII. TERMS OF REFERENCE OF UNION ELECTIONS COMMITTEE (UEC) (amended in CM7 1996)

1. To act as Election Commission for the purpose of conducting all elections defined by the Constitution and election for student seats in University Council, Senate, Faculty Boards and Board of Studies of School of Business;

2. To invite at least two Returning Officers for elections above;

3. To facilitate the campaign of the candidates with the assistance of the Union Executive Committee and Union Staff;

4. To draft the rules for each election in accordance with the Constitution and subject to the approval of Union Council;

5. Membership:

a. General Secretary [Chairman]

b. Honorary Secretary [Secretary]

c. 5 Councillors

Any Committee member whose terms of office in Union Council expire during the course of preparation for an election shall continue to conduct the election till the completion of that particular election.

XIV. TERMS OF REFERENCE OF COUNCIL BUSINESS COMMITTEE (CBC)

1. To advise the Union Council on matters relating to the general administration of the Union Council and the co-ordination of Councillors; (amended in CM7 1996)

2. To evaluate the running of the Union Council and recommend improvements to the Union Council if necessary; (amended in CM7 1996)

3. To meet before Union Council Meetings to discuss the arrangement of business in the meeting when requested by the Council Chairman; (amended in CM7 1996)

4. To be responsible for providing orientation programmes for the Councillors; (amended in CM7 1996)

5. To be responsible for organizing the Annual Debate and help to publicize message of the Union Council in the absence of Popularly Elected Union Councillors; (amended in CM7 1996)

6. To review statements issued by Union sub-organizations to the general public or any external body; (amended in CM9 2003)

7. To convene, and assist Council Chairman in conducting, extra-ordinary general meeting (or equivalent, if any) of directly affiliated sub-organization if

a. it is unable to convene extra-ordinary general meeting by itself; and

b. this committee receives requisition from

i. a certain percentage, as stated in the constitution concerned, of its full member, or

ii. a quarter of the quorum of GM, as stated in constitution concerned, in case (b)(i) not applicable; and

c. this committee deems it is appropriate to convene such extra-ordinary general meeting (appended in ECM 16, 2003)

8. Membership: (amended in CM7 1996)

a. Council Chairman [Chairman]

b. Honorary Secretary [Secretary]

c. President

d. 3 non-executive Councillors (preferably 1 Popularly Elected Union Councillor)

SECTION SEVEN POPULARLY ELECTED UNION COUNCILLORS

I. ORGANIZATION (amended in CM7 1996)

1. Within the first two weeks of their terms of office, all Popularly Elected Union Councillors shall meet. The Council Chairman shall serve to call the first meeting;

2. The Popularly Elected Union Councillors shall form their own organization in this first meeting, and shall elect their coordinators;

3. They shall subsequently prepare their working schedules to fulfill their Organization responsibilities;

4. Each shall also be responsible for executing their individual responsibilities.

II. ORGANIZATION RESPONSIBILITIES (amended in CM9 2003)

1. The Popularly Elected Union Councillors shall maintain constant channel(s) of communication with Union members through the use of such means as regular bulletins or notice boards;

2. They shall initiate forums or other means of discussion among Union members on important issues relating to the Union;

3. They shall be responsible for organizing the Annual Debate;

4. They shall present reports in the first ordinary Union Council Meeting after their submission.

III. INDIVIDUAL RESPONSIBILITIES (amended in CM7 1996)

1. Each Popularly Elected Union Councillor shall sit on at least one Standing Committee as a voting member;

2. Each Popularly Elected Union Councillor shall take initiative measures to represent the opinion of Union members and to enhance communication between the Union Council and Union members;

3. Each Popularly Elected Union Councillor shall participate in organization responsibility.

SECTION EIGHT UNION SUB-ORGANIZATIONS

I. REPORTS AND PLANS

1. All Faculty Societies and Hall Associations shall submit an annual report to the Union Council not later than 1 month after their annual general meeting; (amended in CM7 1996)

2. All Faculty Societies and Hall Associations shall submit an annual working plan to the Union Council not later than 1 month after the beginning of term of office of their executive committee; (amended in CM7 1996)

3. All Faculty Societies and Hall Associations shall present a report of any general meeting held to the Union Council not later than two weeks after the meeting. It shall include the date of the meeting, all the motions carried and defeated and the signatures of the Returning Officers; (amended in CM7 1996)

4. All Faculty Societies and Hall Associations shall present a report of any general polling held to the Union Council not later than two weeks after the polling. It shall include the date of polling, the motions for polling and the results, and the signatures of the Returning Officers; (amended in CM9 2003)

5. The general meeting and general polling reports shall be submitted to the Union Council by the Councillor of that Faculty Society or Hall Association by moving “that the (annual/date) general meeting/polling report of (name of Faculty Society or Hall Association) be received”. (amended in CM7 1996)

II. EXTERNAL RELATIONS

1. Any statements, including press statements and declaration, issued by any Union sub-organization to the general public or any external body shall be reported to the Union Council not later than 5 days after the statement is issued; (amended in CM7 1996)

2. (repealed in CM7 1996)

3. (repealed in CM7 1996)

4. These statements shall be reviewed by the Council Business Committee. (amended in CM9 2003)

III. GENERAL PROCEDURES FOR AFFILIATION OF UNION SUB-ORGANIZATION (appended in CM2 2003)

1. Interested parties shall submit a draft of constitution of their sub-organization to the Constitution Review Committee (CRC);

2. After approval from CRC, the draft (with amendments if necessary) shall be received and adopted in the general meeting or general polling of the sub-organization. The general meeting and polling should be convened in accordance with the procedures in their constitution draft;

3. The constitution draft is then declared valid and under the scrutinization of Union Council. The Union Council can then decide the partial affiliation of the sub-organization upon this request;

4. Remarks: For Sports Association clubs, Cultural Association clubs and Independent Clubs Association clubs, the draft should be first sent to the constitution review committee of their respective council before (1) above, and their final constitution shall be adopted by their respective council, before submitting to the Union Council. For Academic Society, their final constitution only needs approval from their faculty council or general meeting or polling of the respective faculty society, that is, (3) need not perform. (amended in ECM4 2006)

IV. CRITERIA FOR THE FORMATION OF ACADEMIC SOCIETY (appended in CM2 2003)

1. Departmental Society shall be formed only if there is a recognized Teaching Department;

2. Curricular Society:

a. The curriculum shall have an independent JUPAS code

b. The curriculum shall either be jointly offered by inter-faculty or inter-department or directly offered by faculty

c. The curriculum shall not be the only curriculum in the faculty

d. Curricular Society shall be formed only if it is by definition infeasible for these to be a formation of Departmental Society

3. Major Or Minor Society:

a. The course shall be eligible to be declared as a major or minor stream of study in the Faculty of the University

b. Major Or Minor Society shall be formed only if it is by definition infeasible for there to be a formation of Departmental Society or Curricular Society

V. RULES AND PROCEDURES FOR AFFILAITION OF ACADEMIC SOCIETIES (appended in CM2 2003)

1. Rules:

a. An Academic Society shall be affiliated to a Faculty Society either as a Departmental Society, a Curricular Society or a Major Or Minor Society

b. The Academic Society shall be approved by the Council or General Meeting(s) of the Faculty Society to which the Curricular Society is affiliated in accordance with, if any, the affiliation rules of the respective Faculty Society

c. There shall only be one recognized Major Or Minor Society organized y students taking the course. Any other student organization(s) which apply for affiliation assigned to the same course shall not be accepted and granted the affiliation.

2. Procedures:

a. Interested parties in forming Academic Society shall apply for affiliation to the Faculty Society under which a majority of the Academic Society’s full members is enrolled

b. Interested parties in forming Academic Society shall seek the approval of the respective Faculty Society

c. Interested parties shall then submit a draft of constitution of their sub-organization to the Constitution Review Committee (CRC)

d. After approval from CRC, the draft (with amendments if necessary) shall be received and adopted in the general meeting or general polling of the Academic Society. The general meeting and polling shall be convened in accordance with the procedures in their constitution draft

e. The final constitution shall be approved by the respective Faculty Society’s Council or general meeting or polling of the respective Faculty Society

3. The Faculty Society shall report to the Union Council upon completion of affiliation procedures of any Academic Society

4. The Faculty Society’s Council shall be formed if there is successful affiliation of any Academic Society and be recognized by the Union.

SECTION NINE ACTING UNION EXECUTIVES, EDITOR-IN-CHIEF AND ASSISTANT EDITORS-IN-CHIEF OF UNDERGRAD (amended in CM7 1996)

In the event of any vacancy occurring in the post(s) of Union Executive(s) or Editor-in-chief of the Undergrad or Assistant Editor(s)-in-chief of the Undergrad, the Union Council may appoint acting Union Executive(s) or acting Editor-in-chief of the Undergrad or acting Assistant Editor(s)-in-chief of the Undergrad to take up their respective work, who shall have the same authorities (except voting rights in the Union Council) and duties as their respective posts, except for any further limitations or specifications as decided by the Union Council.

SECTION TEN UNION COUNCIL HANDBOOK (appended in CM4 1998)

1. The Union Council Handbook (hereafter refer to “handbook”) is a reference for councillors containing important information of Union Council;

2. The handbook shall be updated whenever the Council Chairman deems necessary;

3. The handbook shall include the following:

a. Union Song (appended in CM4 2006)

b. Union Constitution

c. Union Council By-laws

d. Union Council Judicial Procedure

e. Union Council Standing Orders

f. Union Financial Regulation

g. Union Election Regulation

h. Union Internal Regulation

i. Important motions passed in Union Council

j. Structure of Union

SECTION ELEVEN REGULATION ON SUB-ORGANIZATIONS HOLDING THE GENERAL POLLING, THE ELECTION AND THE GENERAL MEETING (appended in CM3 1999)

I. LIST OF VOTNG MEMBERS

1. Before holding any General Polling, Election or General Meeting, a List of Voting Members of the sub-organization shall be submitted to the Returning Officer(s) before the event;

2. The Returning Officer(s) should collect the List of Voting Members and keep it as the official document of the General Polling, the Election or the General Meeting.

II. RETURNING OFFICERS

1. There must be at least one Returning Officer for any General Polling, Election or General Meeting held by the sub-organizations. The absence of a Returning Officer would make the event invalid;

2. The Returning Officer should be a Councillor and be appointed by the Council Chairman; (this part is only applicable to Hall Associations and Faculty Societies)

3. The Council Chairman should appoint a Councillor to be the Returning Officer based on the following criteria:

a. the Councillor shall not have any conflict of interest in that sub-organization

b. the Councillor has the ability to supervise and assist that sub-organization to exercise its respective constitution, the constitution of the Union, the By-laws of the Union Council and all relevant regulations.

4. Returning Officer shall be appointed in council, in case Council Chairman is exercising power under item 7 of Terms of Reference of Council Business Committee. (appended ECM 16 2003)

5. The Returning Officer shall not participate in that discussion, shall not be counted in the quorum and shall not vote;

6. The Returning Officer shall keep a copy of all relevant documents of the General Polling, the Election and the General Meeting;

7. The Returning Officer shall report any infringement of relevant regulations to the respective council within one week after the event.

III. QUORUM OF THE GENERAL MEETING

1. The Standing Order of the Union Council (Section C and Section N) shall be applicable here;

2. The quorum must be present in the whole meeting;

3. All members of the meeting and the Returning Officer shall have the right to raise the fact that the quorum may not be present. The chairman of the meeting then shall count the quorum and declare whether a quorum is present or not.

IV. CHAIRMAN AND HONORARY SECRETARY OF GENERAL MEETING (appended 2003)

1. Chairman and Honorary Secretary of the general meeting shall be appointed after the convener call to order and declare the opening of meeting, regardless whether such agendum is put on the agenda or not.

2. Chairman and Honorary Secretary shall act in accordance, and ensure the meeting is conducted in accordance with standing order, as stated in Section N of Standing Order of Union. Violation of Standing Order shall render enforcement of Section O of Standing Order.

3. Council Chairman convening General Meeting stipulated by Terms of Reference of Council Business Committee shall only handle the issue of appointment of chairman of the meeting. He shall observe all rules and regulations of the respective sub-organization as if he were the person in authority to convene extra-ordinary general meeting as stated in the constitution concerned.
APPENDIX

Note: All acting representatives should have an “(a)” after their abbreviations.

AAR Arts Association Rep.

ASR Architectural Society Rep.

AS Administrative Secretary

BEAR Business and Economics Association Rep.

CAP President of Cultural Association

CAS Current Affairs Secretary

CTVC Chairman of Campus TV

DKHR Duchess of Kent Hall SA Rep.

DSR Dental Society Rep.

EAS1 External Affairs Secretary 1

EAS2 External Affairs Secretary 2