Cap. 1105

To provide for the establishment of The Hong Kong Institution of Engineers and for matters connected therewith. [5 December 1975](Format changes—E.R. 3 of 2021) 1. Short title This Ordinance may be cited as The Hong Kong Institution of Engineers Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Constitution (章程) means the constitution of the Institution referred to in section 10 for the time being in force;Council (理事會) means the Council of the Institution established under section 7;Institution (學會) means The Hong Kong Institution of Engineers incorporated by section 3;member (會員) means a person whose name is included in the Register of members for the time being of the Institution;President (會長) means the person referred to as President of the Institution in section 7 and any person acting as President in accordance with the provisions of the Constitution;Register (名冊) means the Register of members of the Institution kept in accordance with the Constitution;Secretary (秘書) means the secretary of the Institution appointed under the provisions of the Constitution;Society (協會) means the Engineering Society of Hong Kong registered as such under the Societies Ordinance (Cap. 151);year (年度) shall mean the financial year of the Institution commencing on 1st day of April each year and ending on 31st day of March in the year following except that the period from the establishment of the Institution to 31st March next thereafter shall be deemed to be a financial year. 3. Establishment of The Hong Kong Institution of Engineers (1) There is hereby established a corporation to be known as “The Hong Kong Institution of Engineers” which shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.(2) The Institution shall have a common seal which shall not be affixed except pursuant to a resolution of the Council, and unless provided otherwise in the Constitution, in the presence of a member of the Council and of the Secretary, or such other person appointed in his place by the Council, each of whom shall sign his name.(3) Any document purporting to be duly executed under the common seal of the Institution authenticated in accordance with subsection (2) hereof shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. 4. Objects of the Institution The objects of the Institution are, subject to this Ordinance—(a) to promote the general advancement of the science and practice of engineering in all its disciplines and branches;(b) to maintain the integrity and status of the engineering profession and to represent it both to the public and to the Government;(c) to establish and operate technical groups, specialist sections, divisions or colleges within the Institution;(d) to encourage and foster a spirit of friendly collaboration amongst its members and with members of similar institutions or other professional bodies;(e) to hold meetings of the Institution for receiving communications for discussion on subjects bearing upon engineering or upon subjects relating thereto;(f) to facilitate the exchange of information and ideas in relation to various disciplines and branches of engineering and to publish and communicate to members information on all matters in connection with the profession of engineering;(g) to promote the acquisition of that species of knowledge which constitutes the profession of engineer including modern management methods;(h) to establish scholarships and grant prizes;(i) to discourage dishonourable conduct and practices arising in the engineering profession;(j) to do all such other things as are incidental or conducive to the attainment of the above objects as the Council may consider appropriate. 5. Powers of the Institution Subject to this Ordinance the Council may, on behalf of the Institution, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institution, and, in particular, but without prejudice to the generality of the foregoing, may—(a) acquire, take on, lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same;(b) enter into any contract;(c) provide appropriate amenities for members;(d) employ staff;(e) provide residential accommodation for staff and visiting guests;(f) provide or contribute to pensions for staff;(g) act as trustee in relation to pension schemes and funds for scholarships and prizes;(h) borrow money in such manner and on such securities or terms as the Council deems appropriate or expedient;(i) apply for any grant in aid for the functions of the Institution on such conditions as the Council deems appropriate or expedient;(j) invest the funds of the Institution in such manner and to such extent as the Council thinks appropriate or expedient. 6. Vesting of property On the commencement* of this Ordinance, the Institution shall succeed to all property, rights, privileges, obligations and liabilities of the Society. Editorial Note: * Commencement date: 5 December 1975. 7. Establishment of the Council (1) There is hereby established a Council to be known as the Council of The Hong Kong Institution of Engineers.(2) At the commencement* of this Ordinance, the Council shall consist of the persons holding the offices of President, Vice-President, Honorary Secretary, Honorary Treasurer and Honorary Assistant Secretary of the Society immediately before the commencement of this Ordinance, and the persons who were members of the Committee of the Society immediately before the commencement of this Ordinance.(3) The persons specified in subsection (2) shall hold office until the election of officers and members of the Council at the first annual general meeting of the Institution or otherwise in accordance with the provisions of the Constitution. Editorial Note: * Commencement date: 5 December 1975. 8. Powers of the Council The management of the Institution shall be vested in the Council and all the powers of the Institution shall be vested in and exercisable by the Council except so far as this Ordinance or the Constitution otherwise requires. 9. Membership The members of the Institution shall be those persons whose names are included in the Register, being—(a) members of the Society at the commencement* of this Ordinance; or(b) other persons elected to membership in accordance with the Constitution. Editorial Note: * Commencement date: 5 December 1975. 10. Constitution (1) The Council shall, as soon as practicable after the commencement* of this Ordinance, adopt a constitution for the Institution.(2) Within 14 days after the commencement of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy.(3) The Constitution may be amended by the Institution at any time in accordance with its provisions.(4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Editorial Note: * Commencement date: 5 December 1975. 11. Particulars to be delivered to the Registrar of Companies (1) Within 14 days after the commencement* of this Ordinance the President shall deliver to the Registrar of Companies for registration—(a) notice of the address of the Institution;(b) a list containing the names and addresses of the members of the Council;(c) the name and address of the Secretary.(2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy.(3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration.(4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institution on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration.(5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) for the inspection of a document. (Amended 28 of 2012 ss. 912 & 920)(6) The Institution shall pay such fees for registering any document under this section as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) as if the Institution were a company not having a share capital. (Amended 28 of 2012 ss. 912 & 920) Editorial Note: * Commencement date: 5 December 1975. 12. Saving 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 as are mentioned in this Ordinance and those claiming by, from or under them.(Amended 57 of 1999 s. 3)