CONSTITUTION
BYE-LAWS AND RULES OF CONDUCT

CONSTITUTION

1.

Name

1

2.

Objects

1

3.

Property

2

4.

Membership

3

5.

Grades of Membership

3

6.

Junior Organisation

4

7.

Management of the Institute

4

8.

Membership of General Council

5

9.

Meetings

5

10.

Alteration of Constitution and Bye-Laws

5

11.

Dissolution

5

BYE-LAWS

PART

I

Definitions

7

II

Membership

8

III

The General Council

13

IV

Meetings

17

V

Professional Conduct

21

VI

Accounts

23

VII

Fees and Subscriptions

25

VIII

Board of Examination

27

IX

Miscellaneous

29

i

CONTENT (Contd)

PAGE

RULES OF CONDUCT

1.

Standard of Conduct

30

2.

Distinguishing Letters and Use of Description

34

3.

Disciplinary Powers

35

4.

Disciplinary Bodies

37

5.

Disciplinary Procedure

38

ii

CONSTITUTION

FOR

THE ASIA INSTITUTE OF BUILDING

  1. NAME

The Name of the Institute is The Asia Institute of Building”, hereinafter referred to as “The Institute.

  1. OBJECTS

The objects of the Institute are to secure the advancement and facilitate the acquisition of that knowledge and expertise which constitutes and promotes the practice of and professionalism in Construction including, but not limited to:

    1. providing professional and social activities appropriate to the needs and interests of members of the Institute;

    2. providing facilities for the special interests of members as may be required by members of the Institute;

    3. encouraging the development of building education and training in teaching institutions within Asia region and global areas ;

    4. promoting the increase of membership of the Institute by all appropriate means and particularly by establishing good liaison links with educational establishments;

    5. establishing and monitoring the qualifying mechanism of corporate membership of the Institute including a Test of Professional Competence to maintain a high standard of professional competence of members;

    6. guiding and co-ordinating the work of centres, if any, established outside the Asia region;

    7. providing means for the assembling of opinions and recommendation on construction matters;

    8. securing effective two-way communication and co-operation with appropriate institutions, associations and other public bodies and/or authorities and professional bodies whether local or overseas with regard to all matters affecting construction;

    9. becoming increasingly recognized within the government of Asia region both as a voice and integral part of the construction industry;

    10. gaining widespread recognition of The Asia Institute of Building qualifications by both public and private sector employers;

    11. stimulating public interest in the Institute and in construction by all appropriate means including publicity through the press and other media;

    12. securing, so far as possible, proper representation of the Institute in the official administrative and industrial life in the Asia region and global areas;

    13. promoting the consideration and discussion of questions affecting construction and generally watching over and protect the interests of members engaged in the construction industry;

    14. giving legislative and public bodies and others facilities of conferring with and ascertaining the views of members of the Institute as regard matters directly or indirectly affecting construction;

    15. originating and promoting improvement in the law with regard to construction matters and to support or oppose alterations therein, and to effect improvements in administration and for the purposes aforesaid to petition the Asia region and take such other steps and proceedings as may be deemed expedient;

    16. diffusing amongst members of the Institute information on all matters affecting construction and to print, publish, issue and circulate such papers, periodicals, books, circulars and other literary undertakings as may seem conducive to any of these objects;

    17. promoting excellence in the construction of building and civil works and just and honorable practice in the conduct of business and to suppress malpractice;

    18. establishing, forming and maintaining a library and collections of models, designs, drawings and other articles of interest in connection with the construction industry;

    19. arranging and promoting the adoption of equitable forms of contracts and other documents used in construction and encouraging the settlement of disputes by alternative dispute resolution processes, or mediation or arbitration and to act as or nominate mediators and/or arbitrators and umpires on such terms and in such cases as may seem expedient, or failing these processes by other lawful means;

    20. establishing, undertaking, superintending, administering and contributing to any charitable or benevolent fund from whence may be made donation or advances to deserving persons who may be or have been engaged in the construction industry or connected with any person engaged therein and to contribute to or otherwise assist any charitable or benevolent institutions or undertakings;

    21. undertaking and executing any trusts which may seem to the Institute conducive to any of its objects;

    22. investing the monies of the Institute not immediately required or otherwise in such a manner as may from time to time be determined;

    23. doing all such other lawful things as are incidental or conclusive to the attainment of the above objects or any of them.

  1. PROPERTY

The property of the Institute (other than cash) shall be vested in the President, Honorary Secretary and Honorary Treasurer for the time being of the Institute as trustees who shall deal with the property of the Institute in the manner determined from time to time by the General Council. The President, Honorary Secretary and Honorary Treasurer as such trustees shall be indemnified against risk and expense out of the property of the Institute.

4. MEMBERSHIP

    1. Membership of the Institute shall consist of:

      1. Those persons (being Asian with at least 18 years of age and registered as fully paid up members of The Asia Institute of Building and/or those members have significant contributions to the Institute for the adoption of the Constitution; and

      2. Those persons who from time to time may be elected to membership in accordance with the Bye-Laws of the Institute, provided always that no Bye-Law relating to this clause shall be amended unless

        1. at least 30 days notice of the meeting at which a proposed amendment is to be tabled shall have been given in writing to all corporate members;

        2. a notice indicating the purpose of the meeting shall have been placed in at least one English and one Chinese newspaper circulating in Asia region at least one month prior to the proposed meeting; and

        3. a minimum of one tenth of the corporate members and 66% of those present and able to vote shall support the motion for amendment.

4.2 The qualifications and procedures for and terms of admission, privileges and obligations of members including liability to expulsion, removal of name from the Register of the Institute or suspension, and conditions of registration for membership shall be such as the Bye-Laws of the Institute shall prescribe from time to time.

5. GRADES OF MEMBERSHIP

5.1 Membership of the Institute shall comprise the following grades, namely:

(i)

Honorary Fellows

(ii)

Honorary Members

(iii)

Fellows

} who are collectively referred

(iv)

Members

} to herein as Corporate Members

and

(v)

Associates


    1. The Institute shall also maintain a register of Graduates and Student members who shall have no rights, privileges or obligations save as provided herein or in the Bye-Laws and who shall not be liberty to represent themselves as Corporate Members of the Institute.

    2. The procedure for transfer from one grade to another shall be as may be prescribed from time to time by the Bye-Laws of the Institute.

    3. A member of the Institute shall be entitled to use the appropriate abbreviated designation after his name as follows:

(i)

Honorary Fellow

Hon. FAIOB

(ii)

Honorary Member

Hon MAIOB

(iii)

Fellow

FAIOB

(iv)

Member

MAIOB

(v)

Associate

AAIOB

6. JUNIOR ORGANISATION

6.1 The Institute shall have a Junior Organization which shall comprise those members whose ages shall not exceed such age as the General Council may form time to time prescribe. All Graduates and/or Students shall be attached to and be entitled to participate in the activities of the Junior Organization. The constitution and functions of the Junior Organization shall be as prescribed from time to time by Regulations made by the General Council therefore.

7. MANAGEMENT OF THE INSTITUTE

7.1 The affairs of the Institute shall be managed by a body called “The General Council which shall be the governing body of the Institute.

7.2 The General Council shall have the sole control, management and superintendence of the property, income, affairs and concerns of the Institute and may appoint such Officers as it shall in its discretion deem necessary and if not contrary to or inconsistent with the provisions of this Constitution or any Bye-Laws made hereunder may do all such acts as may appear to it to be necessary or desirable for the purpose of carrying into effect the objects of the Institute and in particular and without prejudice to the foregoing powers the General Council shall have the following powers:

I

To accept any gift or property for any of the objects of the Institute;

II

To invest any moneys of, or belonging to the Institute in such manner as may form time to time be determined by the General Council;

III

To borrow, raise or secure the payment or repayment of moneys in such manner as it may think fit;

IV

To rent, purchase, take on lease or licence, construct, manage, maintain, improve, develop or alter any buildings or works, land, premises and property rights and interests necessary or convenient for the purpose of the Institute;

V

To control and conduct examinations in building and cognate subjects and issue certificates subject to such regulations as may from time to time be determined in General Meeting;

VI

To appoint such Committees and delegate to any such Committee such of the powers of the General Council as may be deemed necessary or appropriate for the better conduct of the Institutes business. Such Committees shall operate under and conduct their proceedings in accordance with any direction given by the General Council and shall report to the General Council as required;

VII

To procure the Institute to be incorporated;

VIII

To arrange social, educational and recreational activities for members of the Institute and their guests;

IX

To sell, lease, mortgage, charge, encumber, dispose of or otherwise deal with, all or any part of the property of the Institute;

7.3 The exercise of all powers exercisable by the General Council shall be subject to the control of the members in General Meeting but so that any act done by the General Council before any resolution of a General Meeting shall not be invalidated by any such resolution.

8. MEMBERSHIP OF GENERAL COUNCIL

k

8.1 The General Council shall consist of such corporate members of the Institute holding such qualifications and elected or nominated in such manner holding office for such periods and on such terms as to re-election or re-nomination and otherwise as may be prescribed by its Bye-Laws.

9. MEETINGS

9.1 The meetings of the Institute shall be of such classes and shall be held for such purposes as may from time to time be prescribed by the Bye-Laws of the Institute and the rights of the several grades of members shall except as herein otherwise provided be such or subject to such restrictions as may be prescribed by the Bye-Laws of the Institute

10. ALTERATION OF CONSTITUTION AND BYE-LAWS

10.1 This Constitution may be altered, amended or added to only by a resolution passed by an affirmative vote of one tenth of the total voting rights of all the corporate members having the right to vote on such matters. Not less than 30 days notice shall be given to the members in accordance with this Constitution specifying the alterations proposed, but such alterations shall not be altered, amended or added to in any other way.

10.2 Voting on any such resolution may be proxy vote conducted in such manner as the Bye-Laws, failing which the General Council, may prescribe.

10.3 Subject to clause 4.1 hereof, a majority of the corporate members present in person or by proxy and voting at a General Meeting of the Institute specially called for the purpose of which due notice has been given, shall have power from time to time to make Bye-Laws or to revoke, alter or amend any Bye-Laws to be made under this Constitution.

11. DISSOLUTION

11.1 The Institute shall continue until a resolution shall be passed by a three-fourths majority of the corporate members thereof for its dissolution at a meeting duly convened for that purpose in accordance with this Constitution.

11.2 If on the winding up or dissolution of the Institute there remains after the satisfaction of all its debts and liabilities any property whatsoever the same shall not be paid to or distributed among the members of the Institute but shall be given or transferred to some other Institution or Association to be determined by the members of the Institute at or before the time of dissolution and in default thereof by such court of Hong Kong as may have or acquire jurisdiction in the matter.

THE ASIA INSTITUTE OF BUILDING

BYE-LAWS

PART I

  1. DEFINITIONS

In these Bye-Laws the following expressions shall unless the context otherwise requires have the meanings respectively assigned to them, namely:

    1. Institute means The Asia Institute of Building;

    2. General Council means the General Council of the Institute as constituted under Part III;

    3. Councillor means any member of the General Council for the time being;

    4. Office Bearer means any member holding honorary office in the Institute;

    5. Officer means any salaried employee or servant of the Institute;

    6. Member means any Fellow, Member, Associate, Honorary Member or Honorary Fellow of the Institute;

    7. Corporate Member means any Fellow or Member of the Institute;

    8. Associate Member” means any Associate of the Institute;

    9. Graduate means any person attached to the Institute under paragraph 5.2 of the Constitution;

    10. Student means any person attached to the Institute under paragraph 5.2 of the Constitution;

    11. Junior Organization” means the organization founded pursuant to paragraph 6.1 of the Constitution;

    12. The profession means the profession of duly qualified constructor;

    13. In writing and written include printing, lithography and other modes of representing and reproducing words in a visible and non-transitory form;

    14. The Bye-Laws of The Asia Institute of Building means these Bye-Laws as the same may be amended or supplemented from time to time.

THE ASIA INSTITUTE OF BUILDING

BYE-LAWS

PART II

  1. MEMBERSHIP

    1. Registration of Members

The Honorary Secretary shall keep a Register of all Members, Associates, Graduates and Students in which shall be recorded such particulars as the General Council may from time to time prescribe. No name or designation shall be entered in the Register save on the authority of a resolution of the General Council recorded in the minute books nor shall any name be removed from the Register except under the provision of there Bye-Laws, or in the event of the resignation or decease of a member or student, nor shall any designation entered therein be changed save on like authority, Every Member, Associate, Graduate and Student shall furnish the General Council with all required information to enable it to compile a record of his qualifications and place of residence and business and any alteration thereto.

    1. Qualifications for Membership

Honorary Fellows or members:

2.2.1 Those persons who in the opinion of the General Council have rendered outstanding service to the Institute or the profession and those persons who by reason of either their position or experience or eminence may be enabled to render assistance in promoting the objects of the Institute.

Fellows:

2.2.2 Those persons who joined together to sponsor the formation of the Institute and/or who were Fellows of any professional bodies who have been engaged in Asia region for a minimum of two years.

2.2.3 Those persons holding senior positions who are at least 35 years of age who are Members of the Asia Institute of Building or such other recognized professional bodies as the General Council may, under this Bye-Law, designate from time to time as being of equal status, and who have been engaged in the profession having a minimum of ten years recognized working experience, one years of which must have been in Asia region, since attaining member grade of the Institute or corporate membership of such other designated professional body as aforesaid. The General Council may, at its discretion, require the candidate to submit to a professional interview by a Board duly authorized by the General Council for that purpose.

Members:

2.2.4 Those persons who are at least 21 years of age who are corporate members of any recognized professional bodies as the General Council may, under this Bye-Law designate from time to time as being of equal status, and who have been engaged in the profession in Asia region for a minimum of one year since attaining corporate membership of the designated professional body as aforesaid. The General Council may, at its discretion require the candidate to submit to a professional interview by a Board duly authorized by the General Council for that purpose.

2.2.5 Those persons who are at least 21 years of age and have:

(a) passed the Institutes qualifying examinations;

OR

(b) passed the qualifying examination of such other professional bodies as the General Council may, under Bye-Laws 2.2.5, designate from time to time as being of equal status;

OR

(c) obtained a cognate degree or diploma of a University, College or Polytechnic as, under this Bye-Law, may be approved by the General Council from time to time as being of a status equal to the qualifying examinations mentioned in paragraphs (a) and (b) of this Bye- Law;

AND

(d) had a minimum of two years experience of an approved nature in Asia region;

AND

(e) undergone a Test of professional Competence as, under this Bye-Laws, may be determined by the General Council from time to time, which shall also provide for a professional interview, by a Board constituted by the General Council for the purpose.

In the case of a candidate offering a qualification under paragraph (b) above, exemption from the whole or part of the Test of Professional Competence may be accorded depending on the extent of professional training forming part of the exempting qualification. In the case of exemption from the whole of the Test of Professional

Competence a Candidate shall, nevertheless, be required to submit to a professional interview.

In determining what is of an approved nature for the purpose of this Bye-Law, the General Council’s decision shall be final.

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Associates:

      1. Those persons who are at least 21 years of age and hold a current Associate qualification under the Chartered Institute of Building membership.

Graduates and/or Students:

      1. Those persons who are not less than 18 years of age, who have the educational attainments as may be laid down from time to time by Regulation by the General Council and are undergoing suitable training for the profession.

      2. The maximum period during which a person may remain a student shall be limited to a total of 10 years, provided always that the General Council shall have power to very the period in particular cases

2.3 Election of Members

Honorary Fellows:

2.3.1 The General Council may if it thinks fit recommend any person as an Honorary Fellow at a General Meeting of the Institute. A person so recommended may be elected by the members present at that meeting. The proportion of votes required for election shall be a simple majority of the number of corporate members present who are entitled to vote and exercise such right at the meeting.

Fellows:

2.3.2 Any person desirous of being admitted as a Fellow shall sign and deliver to the Honorary Secretary a nomination in the form prescribed by the General Council subscribed, other than in respect of an application under Bye-Law 2.2.2, by five Fellows of the Institute. Subject to the person meeting the requirements of Bye-Laws 2.2.2 or 2.2.3 the nomination shall be placed before the General Council and, if approves, he shall be duly admitted as a Fellow. Provided that the General Council may, in its absolute discretion and subject to such conditions as it may wish to impose, delegate to a duly authorized Committee, the authority) to approve but not reject nominations.

2.3.3 The General Council shall not be required to give any reason for the failure of a nomination to secure approval for admission as a Fellow. Any

nominee not admitted may not again be nominated until 12 calendar months shall have elapsed from the date the nomination was rejected.

Members:

2.3.4 Any person desirous of being admitted as a Member shall sign and deliver to the Honorary Secretary a nomination in the form prescribed by the General Council subscribed, other than in respect of an application under Bye-Law 2.2.4, by four Corporate Members of the Institute, at least one of whom must be a Fellow. Subject to the person meeting the requirements of Bye-Laws 2.2.5 or 2.2.6 the nomination shall be placed before the General Council and, if approved, he shall be duly admitted as a Member. Provided that the General Council may, in its absolute discretion and subject to such conditions as it may wish to impose, delegate to a duly authorized Committee, the authority to approve and reject nominations.

2.3.5 The General Council shall not be required to give any reason for the failure of a nomination to secure approval for admission as a Member. Any nominee not admitted may not again be nominated until 12 calendar months shall have elapsed from the date the nomination was rejected.

Associates:

2.3.7 Any person desirous of being admitted as an Associate shall sign and deliver to the Honorary Secretary a nomination in the form prescribed by the General Council subscribed, other than in respect of an application under Bye-Law 2.2.4, by four Corporate Members of the Institute, at least one of whom must be a Fellow. Subject to the person meeting the requirements of Bye-Laws 2.2.8 the nomination shall be place before the General Council and, if approved, he shall be duly admitted as an Associate. Provided that the General Council may, in its absolute discretion and subject to such conditions as it may wish to impose, delegate to a duly authorized Committee, the authority to approve and reject nominations.

Graduates or Students:

2.3.8 Any person desirous of being admitted as a Graduate or Student shall sign and deliver to the Honorary Secretary an application in the form prescribed by the General Council, subscribed by his Employer or Head of Department at his University, College or Polytechnic if undergoing full-time training. Subject to the person meeting the requirements of Bye-Law 2.2.9, the application shall be considered by a Committee duly authorized by the General Council and, if approved, he shall be duly admitted as a Student.

2.3.9 The General Council shall not be required to give any reason for the failure of an application to secure approval for admission as a graduate or student. Any application not approved may not again be submitted until 12 calendar months shall have elapsed from the date the application was rejected.

2.3.10 No person shall remain as a Graduate or Student if he becomes eligible for election as a Member.

2 4 Resignation

2.4.1 A Member or Graduate or Student desiring to discontinue his membership or graduate or student membership of the Institute shall tender his resignation in writing to the Honorary Secretary. Upon receipt of a resignation the Honorary Secretary shall, if necessary, determine the amount of money owing by the Member or Graduate or Student and require settlement before the resignation becomes effective.

Should no settlement be made the General Council may take whatever steps it considers necessary for recovery of the amount due. The General Council may set aside a resignation, if it considers that Bye-Laws 8.3.1 or 8.3.2 may apply. The name of a Member or Graduate or Student shall be removed from the Register as from the date on which his resignation is approved by the General Council.

2.5 Re-Admission

2.5.1 The General Council may re-admit under any such conditions as it may prescribe a person who has resigned as a Member or Graduate or Student of the Institute.

2.6 Diplomas

2.6.1 Every corporate member shall be entitled to such diploma or certificate of membership as may be prescribed from time to time by the General Council, but any such diploma or certificate shall remain the property of the Institute and must on request be returned by a person whose membership ceases for any reason or who is transferred to a higher grade.

THE HONG KONG INSTITUTE OF BUILDING

BYE-LAWS

PART III

3. THE GENERAL COUNCIL

3.1 Constitution of the General Council

3.1.1 The General Council shall comprise the following:

3.1.1.1 Office Bearers:

(i)

President

(1 No.)

(ii)

Honorary Secretary

(1No.)

(iii)

Honorary Treasurer

(1 No.)

(iv)

President (Hong Kong Chapter)

(1 No.)

(v)

President (Macau Chapter)

(1 No.)

(vi)

President (Overseas Chapter)

(1 No.)

(v)

Immediate Past Chairman

(1 No.)

3.1.2 The number of the General Council shall not be more than thirty eight (38) and shall include two (2) representatives from the Office bearers unless such person shall already be nominated in another capacity.

3.1.3 Office Bearers Requirements

3.1.3.1 President

3.1.3.1.1 The candidate shall be a Fellow of the Institute and whilst it shall be preferable, such candidate shall have served as immediate past president within the immediate past year any councilor may be eligible for nominate. The candidate shall have served at least one year on the General Council at some time within the past five years or the date of the Annual General Meeting. Year of office shall be one year; however, the Candidate shall be eligible for re-election provided tenure of office shall be restricted to two consecutive terms of office.

3.1.3.2 President (Hong Kong Chapter), President (Overseas Chapter) and President (Macau Chapter)

3.1.3.2.1 The candidate shall be a Fellow of the Institute and shall have served at least one year on the General Council at some time within the past five years of the date of the Annual General Meeting. Year of office shall be one year, however, the candidate shall be eligible for re-election provided tenure of office shall be restricted to two consecutive terms of office.

3.1.3.3 Honorary Secretary/Honorary Treasurer

3.1.3.3.1 The candidate(s) shall be a corporate member of the Institute and shall have served at least one year on the General Council at some time within the past five years of the date of the Annual General Meeting. Year of office shall be one year, however, the candidate(s) shall be eligible for re-election provided tenure of office shall be restricted to four consecutive terms of office.

3.1.3.4 Ordinary Members

3.1.3.4.1 The candidate(s) shall subject to sub-clause 3.1.2 herein, be a Corporate Member of the Institute.

      1. If through any cause an Office Bearer is unable to carry out his duties, the General Council shall elect from its own number a successor for the unexpired term of the Office Bearer.

3.2 Election of Councillors

3.2.1 Office Bearers shall be elected by a show of hands by those corporate members present in person at an Annual General Meeting.

3.2.2 The representative(s) of the Junior Organization shall be nominated by the Junior Organization prior to an Annual General Meeting in accordance with Regulations made under paragraph 6.4 of the Constitution. Should representative(s) not be nominated prior to an Annual General Meeting nomination may be made at the Annual General Meeting and an election held as under Bye-Law 3.2.1.

3.2.3 Nominations for Office Bearers shall be made in writing duly proposed and seconded by Corporate Members in such from as the General Council may prescribe not later than 28 days before the date of the Annual General Meeting at which the election is to take place. A list of all nominations received, together with the name of the proposer and seconder of each nominee, shall be sent to each member not less than 14 days before the Annual General Meeting.

3.2.4 The outgoing General Council shall have the right to propose nominations in respect of any, or, all of the seats to be filled for the incoming General Council.

3.2.5 Candidates may only be nominated for one seat of office.

3.2.6 If the Candidates validly nominated are not more in number than the vacancies, the persons so nominated shall, as from the next Annual General Meeting be deemed to be duly elected members of the General Council.

3.2.7 If the Candidates nominated are more in number than the vacancies, and no Candidate in excess of the number to be elected withdraws before the actual date, then the election shall be conducted by a show of hands by only those members entitled to vote and who shall be present at the Annual General Meeting.

3.2.8 Floor nominations shall not be allowed.

3.2.9 In the event of an equality of votes the result shall be determined by a vote of the Office Bearers of the retiring General Council.

3.2.10 The retiring General Council shall hold office until the conclusion of the Annual General Meeting at which a new General Council is elected.

3.3 Duties of Office Bearers

3.3.1 The President

The Chairman shall represent the Institute and guide the affairs of the Institute in accordance with the Constitution and Bye-Laws.

3.3.2 The President (Hong Kong Chapter), The President (Macau Chapter) and The President (Overseas Chapter)

The President (Hong Kong Chapter), The President (Macau Chapter) and the President (Overseas Chapter) present shall deputise in the absence of the Chairman.

3.3.3 Honorary Secretary

(i) It shall be the duty of the Honorary Secretary under the direction of the General Council to conduct the ordinary business of the Institute in accordance with the Constitution and Bye-Laws.

(ii) He shall be required to keep an accurate record of the proceedings of the Institute and the General Council.

(iii) He shall keep the Members Register of the Institute.

(iv) He shall conduct the correspondence of the Institute.

(v) He shall give notice of all meetings of the General Council and General Meetings of the Institute.

3.3.4 Honorary Treasurer

The Honorary Treasurer shall direct the collection of the subscriptions and the preparation of the accounts of expenditure of the funds and present all the accounts of expenditure of the Institute to the General Council for inspection and approval.

3.3.5 Creation of Additional Office Bearers

The General Council may from time to time create additional offices and dictate the duties of the Office Bearer.

3.4 Management

3.4.1 The General Council shall have the management and direction of the affairs of the Institute and shall do all such acts as appear to it necessary or desirable for the purpose of carrying into effect the objects of the Institute, subject to the provisions of the Constitution and these Bye-Law.

3.4.2 The General Council shall investigate any alleged or apparent irregularity or unconstitutional act of any Committee or Office Bearer coming within its knowledge and if it thinks fit shall call upon that Committee or Office Bearer for an explanation thereof. If the explanation be deemed insufficient the General Council shall enquire further into the matter and of satisfied that a breach has been committed it shall notify the offending Committee or Office Bearer to that effect and require compliance with the Constitution and these Bye-Laws. Should any Committee or Office Bearer disregard such instructions the General Council may forthwith dissolve such Committee or remove from office such Office Bearer and appoint another Committee or Office Bearer to carry out the duties for the unexpired term of office.

THE HONG KONG ISTITUTE OF BUILDING

BYE-LAWS

PART IV

4. MEETINGS

4.1 Annual General Meetings

4.1.1 A General Meeting to be called the Annual General Meeting shall be held once in each calendar year at such time and place as the General Council shall determine provided that an Annual General Meeting shall be held not more than fifteen months after the holding of the last preceding Annual General Meeting.

4.1.2 Notice in writing of such General Meeting shall be given to all members not less than 21 days before the day the meeting is due to take place and such notice shall include details of any resolution to be put to members.

4.1.3 The business of the Annual General Meeting shall include:

(i) Adoption of the minutes for the previous meeting;

(ii) Report of the Chairman for the year;

(iii) Presentation of the audited accounts for the year;

(iv) Election of Office Bearers for the ensuing year;

(v) Declaration or election of other Councillors for the ensuing year;

(vi) Election of Auditors for the ensuing year;

(vii) Such other matters:

(a) as the General Council shall determine;

(b) of which due notice has been given to the General Council; and

(c) as may be brought forward by the General Council or any member with the consent of the meeting.

4.2 Extraordinary General Meetings

4.2.1 The General Council may convene an Extraordinary General Meeting whenever it thinks fit. The General Council shall also upon a requisition in writing signed by one tenth or more of the Corporate Members convene an Extraordinary General Meeting and shall take steps to this end within 21 days of the Honorary Secretary receiving the requisition. The requisition shall clearly set out the object of the proposed meeting. If the General Council fails to take the necessary action within the prescribed time, the

requisitionists or any one tenth or more of the Corporate Members may themselves convene a meeting and for this purpose shall have access to such records of the Institute as will enable them to convene the meeting.

4.2.2 The business of all Extraordinary General Meeting shall be strictly confined to the matters set out in the notice of the meetings.

4.3 Notice of General Meetings

4.3.1 The General Council shall not less than 30 days nor more than 45 days before a General Meeting other than the Annual General Meeting send to members a notice which shall include:

(a) the Agenda for the meeting;

(b) the place, date and time of the meeting;

(c) full details of any special resolutions;

(d) voting and proxy forms where these are required for the purpose of the meeting.

      1. Notice of a General Meeting shall also be given not less than 30 days nor more than 45 days before a General Meeting in at least one newspaper in the English language and one newspaper in the Chinese language circulating in Hong Kong.

      2. The non receipt of such notice by any Member or the accidental omission to give notice to any Member shall not invalidate the proceedings of the meeting.

4.4 Transaction of Business at a General Meeting

4.4.1 No business shall be transacted at any General Meeting unless a quorum is present when the meeting proceeds to business. Save as herein otherwise provided twenty-five Corporate Members personally present shall be a quorum.

4.4.2 If within half an hour from the time appointed for the holding of a General Meeting a quorum is not present at the meeting, it shall stand adjourned to the same day in the next month at the same time and place or at such other place as the General Council may determine, and if at such adjourned meeting a quorum is not present within half an hour from the time appointed for holding the meeting the members present shall be a quorum.

4.2.3 The President, or failing him one of the President (Hong Kong Chapter), President (Macau Chapter) or President (Overseas Chapter), shall preside as President at every General Meeting but if any Presidents are present within fifteen minutes after the time appointed for the holding of the same, those Corporate Members present may choose some other member of the General Council as Chairman, or if no such member be present or if none of the members of the General Council present agree to take the chair they shall choose some Corporate Member from among them who shall preside.

4.4.4 At any General Meeting a resolution put to the vote of the meeting shall be decided on a show of hands, unless a poll is before or upon the declaration of the result of the show of hands demanded by the Chairman, or by a corporate member or members present in person or by proxy and representing one-tenth of the total voting right of all the Corporate Members having the right to vote at the meeting, and unless a poll be so demanded a declaration by the Chairman of the meeting that a resolution has been carried or carried unanimously or by a particular majority or lose or not carried by a particular majority and an entry to the effect in the minute book of the Institute shall be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution. The demand for a poll may be withdrawn.

4.4.5 If a poll be demanded in manner aforesaid it shall be taken at such time and place and in such manner as the Chairman of the meeting shall direct and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

4.4.6 Every Member entitled to vote shall have one vote and no more, in the case of an equality of vote, whether on a show of hands or on a poll, the Chairman of the meeting shall be entitled to a second or casting vote.

4.4.7 The demand for a poll shall not prevent the continuance of a meeting for the transaction of any business other than the question on which a poll has been demanded.

4.4.8 Each Corporate Member shall have one vote which may be given either personally or by proxy.

4.4.9 The instrument appointing a proxy shall be in writing under the hand of the appointor.

4.4.10 The instrument appointing a proxy shall be deposited with the Honorary Secretary not less than forty-eight hours before the time appointed for holding the meeting or adjourned meeting at which the person named in the instrument proposes to vote or, in the case of a poll, not less than twenty-four hours before the time appointed foe the taking of the poll, and in default the instrument of proxy shall not be valid. An instrument of proxy shall not in any event be valid after the expiration of two months from the date of its execution.

4.4.11 No Member shall be entitled to vote at any meeting unless all monies due from him, or her, to the Institute have been paid.

4.5 Meetings of General Council

4.5.1 The General Council shall meet as often as the business of the Institute may require but not less than six times in each calendar year.

4.5.2 The quorum for meetings of the General Council shall be seven councilors present in person including either the President or a President (Overseas Chapter), President (Macau Chapter) and President (Hong Kong Chapter).

4.5.3 Meetings shall be chaired by the President or in his absence a President (Overseas Chapter), President (Hong Kong Chapter) and President (Macau Chapter).

4.5.4 A councilor who is unable to attend a meeting of the General Council may nominate in writing a corporate member to represent him at such meeting and such representative shall have the same rights and powers at such meeting as the councilor he is representing.

4.5.5 Matters arising at meeting of the General Council shall be decided by a simple majority, the Chairman having a second or casting vote in the case of an equality of votes.

THE HONG KONG ISTITUTE OF BUILDING

BYE-LAWS

PART V

5. PROFESSIONAL CONDUCT

5.1 Standard of Conduct

All Members of the Institute shall observe a high and honourable standard of professional conduct. Guidance notes on such standards shall be issued by the General Council from time to time which shall be subject to ratification by resolution at a General Meeting. Such guidance may include recommended Scales of Charges for professional work undertaken by members.

5.2 Suspension/Expulsion

The General Council shall have power to take such action against any Member as it deems fit including to suspend his membership (for such period as it thinks fit) or expel any Member who in its opinion has failed to observe a high and honourable standard of professional conduct or is believed to be, or have been, guilty of any act or conduct detrimental to the best interests of the Institute or its members.

5.3 Investigation of Complaints

If the General Council is called upon to investigate any complaint against a Member, the General Council or any Committee appointed by it for this purpose shall:

(i)

Notify the Member of the complaint;

(ii)

Request the Member to make an explanation in person and, if he so wishes, in the company of his lawyer, at a time and place to be specified;

(iii)

Request the Member or any other person to provide such documentary or other evidence of the matter as may be thought fit;

(iv)

Consider all aspects of the complaint;

(v)

In the case of a Committee, make recommendations to the General Council on its findings.

5.4 Action following Investigation of Complaint

5.4.1 If the General Council determines the complaint is proven it shall determine what action should be taken against the Member including whether to expel or suspend the member for such period as it thinks fit.

5.4.2 If the General Council determines the complaint is not proven it shall take such action as it thinks fit.

5.4.3 Any Member suspended under this Part shall have no right to vote at any meeting or to hold any office in the Institute or to have or exercise any of the other rights or privileges of membership during the period of his suspension. Nevertheless his obligations under Part VII shall stand, and he shall be entitled to receive the publications of the Institute and use the appropriate abbreviated designation after his name.

5.4.4 Any Member expelled from the Institute under this Part shall cease to be a Member of the Institute and shall have thenceforth no rights whatsoever in the Institute.

5.4.5 The Honorary Secretary shall forthwith give to any Member suspended or expelled under this Part notice in writing of such suspension or expulsion, and every Member shall be notified in writing of the General Councils decision.

5.5 Appeal

5.5.1 Save as provided by Bye-Law 5.5.2 the decision of the General Council with respect to the suspension or expulsion of a Member shall be final and no appeal may be entered into.

5.5.2 A Member aggrieved by the decision of the General Council with respect to a question of law has the right to give notice within 30 days of such suspension or expulsion of his intention to contest the decision of the General Council in a Court of Law.

5.5.3 Should the Court of Law uphold the appeal the General Council or its appointed Committee shall re-investigate the complaint having regard to its determination on the question of law concerned.

5.6 Associates

5.6.1 The conduct of Associates shall be judged similarly to that of Members and in the case of misconduct action shall proceed as under Bye-Laws 5.1 to 5.5.

5.7 Graduates and/or Students

The conduct of Graduates and/or Students shall be judged similarly to that of Members and in the case of misconduct action shall proceed as under Bye-Laws 5.1 to 5.5.

THE HONG KONG ISTITUTE OF BUILDING

BYE-LAWS

PART VI

6. ACCONUTS

6.1 General

6.1.1 The General Council shall cause proper books of account to be kept with respect to all sums of money received and expended by the Institute and the matters in respect of which the receipt and expenditure takes place and the assets and liabilities of the Institute. Proper books of account shall not be deemed to be kept of there are not kept such books as are necessary to give a true and fair view of the stare of the Institutes affairs and to explain its transactions.

6.1.2 The books of account shall be kept at the headquarters of the Institute or at such other place or places as the General Council thinks fit and shall always be open to the inspection of the Auditors, the members of the General Council and the members of any Committee appointed by the General Council for the purpose.

6.1.3 The General Council shall from time to time determine whether and to what extent and at what times and places and under what conditions the books of account of the Institute or any of them shall be open to the inspection of members not being persons entitled to inspect the books of account pursuant to paragraph 6.1.2 of this Bye-Law and no member (not being a person so entitled) shall have any right of inspecting any account, book or document relating to the financial affairs of the Institute except as authorized by the General Council or by the Institute in general meeting.

6.1.4 The General Council shall lay before the members at each Annual General Meeting:

(i) an Income and Expenditure Account giving a true and fair view of the income and expenditure of the Institute for the period of the preceding financial year;

(ii) a Balance Sheet giving a true and fair view of the state of the financial affairs of the Institutes as at the end of the preceding financial year; and

(iii) a Report with respect to the Institutes financial affairs.

      1. The annual accounts of the institute as laid before members in accordance with Bye-Law 6.1.4 shall have been audited by persons appointed for the purpose at the preceding Annual General Meeting, and their report shall accompany the accounts. It shall be the duty of the auditors to state whether in their opinion the annual accounts have been properly prepared and whether they give a true and fair view of the state

of the state of the Institutes financial affairs as at the end of its financial year and of the income and expenditure for the financial year.

6.2 Financial Year

The finance year of the Institute shall run from the 1 st April in one year to 31 st March in the next following year.

6.3 Custody of Institutes Funds

All moneys belonging to the Institute shall be deposited in the account of the Institute to be opened at a bank approved by the General Council and payment of all accounts that are certified as correct by the General Council President, President (Hong Kong Chapter), President (Macau Chapter), President (Overseas Chapter), Honorary Secretary or Honorary Treasurer.

6.4 Auditing of Accounts

6.4.1 Auditors shall be appointed at the Annual General Meeting.

6.4.2 Auditors shall retire at the Annual General Meeting following their appointment but shall be eligible for re-appointment.

6.4.3 In the event of an Auditor being or becoming unable to act the General Council may appoint another Auditor to act in his place.

6.4.4 A member of the General Council shall not be eligible for appointment as an Auditor.

6.5 Duties of Auditors

6.5.1 The Auditors shall have the right of access at all times to the books of account and all relevant documents of the Institute and shall be entitled to require from the General Council and Officers of the Institute such information and explanations as may be necessary for the performance of their duties as Auditors.

6.5.2 As required by Bye-Law 6.1.5 and as the General Council may direct the Auditors shall make a report to the General Council on other records which the Institute is required to keep by law or by its Bye-Laws and in connection with every balance sheet so prepared the report shall state:

(i) whether or not they have obtained all the information and explanations they require;

(ii) 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 state of the Institutes affairs according to the best of their information and the explanations given to them as shown in the books of the Institute; and

(iii) whether in their opinion the records which the Institute is required to keep by law or by its Bye-Laws have been properly kept.

THE HONG KONG ISTITUTE OF BUILDING

BYE-LAWS

PART VII

7. FEES AND SUBSCRIPTIONS

7.1 Determination

7.1.1 Unless otherwise determined on the proposal of the General Council (with or without amendment in reduction of any proposed increase) by a resolution of an Extraordinary General Meeting the amounts of entrance fees and subscriptions shall be those determined from time to time by the General Council.

7.1.2 Where it is proposed to increase entrance fees or subscriptions at least 30 days notice in writing shall be given to members

7.1.3 Separate fees and subscriptions shall be prescribed for:

7.1.3.1 Fellows

7.1.3.2 Members

7.1.3.4 Associates

7.1.3.5 Graduates

7.1.3.6 Students

7.2 Liability

7.2.1 Honorary fellows shall pay no entrance fee or annual subscription.

7.2.2 Any person elected to membership after 30th September in any year shall be required to pay only half the annual subscription appropriate to his grade of membership in respect of the remainder of the financial year to 31st March.

7.2.3 Any member or student transferring from one grade of membership to another shall pay the difference between his present grade of membership and that of the grade to which he is elected.

7.2.4 Save as aforesaid, annual subscriptions shall be due to the Institute and payable on the first day of April in each year.

7.3 Exemptions

7.3.1 Any Member having been a Corporate Member of the Institute for not less than 5 years who has reached the age of 60 years may be exempted from the annual subscription at the discretion of the General Council, but in any case such a

Member having reached the age of 65 years, shall be exempted from the payment of further annual subscriptions on application to the General Council.

7.3.2 The General Council may exempt from year to year from the payment of his annual subscription a Member who from ill health advanced age or other sufficient cause is unable to carry on the full time practice of his profession. The General Council may also exempt any such individual from the payment of any subscription which may be in arrears.

7.3.3 The General Council may exempt the estate of any deceased member from the payment of arrears of subscriptions.

7.4 Arrears

7.4.1 A Member, Graduate or Student who is in arrears with his subscription for more than six months shall not be entitled to receive any publication or ballot list of the Institute or to vote at General Meeting or to be elected or appointed to any office in the Institute unless exemption from the payment of such subscription has been granted by the General Council.

7.4.2 A Member, Graduate or Student member whose subscription has not been paid for more than six months after the due date shall be notified by the Hon. Secretary in writing. In the event of his continuing in default for three months after such notification and failing to provide satisfactory explanation by letter, the General Council shall expunge the name of the defaulter from the Register after a final 14 day notice is issued to such a member or student and the same is not complied with.

7.4.3 The General Council may reinstate under such conditions as it may prescribe a person whose name has been removed from the Register under the provisions of Bye-Law 7.4.2.

THE HONG KONG ISTITUTE OF BUILDING

BYE-LAWS

PART VIII

8. BOADRD OF EXAMINATION

8.1 Constitution

8.1.1 The Board of Examination (hereinafter called the Board) shall comprise five members.

8.1.2 Members shall be appointed for a team of two years.

      1. One representative each from any University and Polytechnic in Hong Kong offering academic training in building may be co-opted at the discretion of the Board.

      2. One representative from the Junior Organization may be co-opted at the discretion of the Board.

      3. Other members may be co-opted for specific duties at the discretion of the Board.

      4. Co-opted members must be a Member of the Institute and shall be appointed annually.

      5. Retiring members are eligible for re-appointment without restriction of tenure.

      6. The Chairman of the Board shall be elected annually among all members of the Board and be an ex-officio member of the General Council.

8.2 Structure

8.2.1 The Board shall be accountable to the General Council for all education matters.

8.3 Objectives

The general objectives of the Board shall be

8.3.1 to scrutinize, validate and keep under review academic qualifications for admission to studentship of the Institute;

8.3.2 to develop, implement and control the qualifying mechanism to corporate membership of the Institute;

8.3.3 to establish a Test of Professional Competence and maintain a high standard of professional competence of members;

8.3.4 to organize panels to conduct professional interviews; and

8.3.5 to organize and promote continuing professional development of members.

THE HONG KONG INSTITUTE OF BUILDING

BYE-LAWS

PART IX

9. MISCELLANEOUS

9.1 Serving of Notices

A notice to be given under these Bye-Laws may be served personally or by dispatch through the post in a prepaid letter addressed to the person concerned at his address as entered in the Register or at his last known business addressor or place of abode.

9.2 Notice by Post deemed to have been served

A notice if served by post shall be deemed to have been served at the time when this envelope or wrapper containing it would be delivered in the ordinary course of post and in proving such service it shall be sufficient to prove that the envelope or wrapper containing the notice was properly addressed and posted in the normal manner.

9.3 Seal of the Institute

9.3.1 The Common Seal of the Institute shall be in the custody of the General Council.

9.3.2 The Seal will not be affixed to any instrument except by the authority of a resolution of the General Council and in the presence of the Chairman and the Honorary Secretary or such other persons as the General Council may from time to time appoint for that purpose.

9.3.3 The Chairman and Honorary Secretary or other persons as aforesaid shall sign every instrument to which the seal is so affixed in their presence.

9.4 Journal of the Institute

9.4.1 The official publication of the Institute shall be known as “The Professional Builder” and shall be the medium for the dissemination of information regarding the activities of the Institute and for the publication of any matters incidental to the promotion of the objects of the Institute or otherwise of interest to its members.

9.4.2 Each incoming General Council shall at its first meeting, appoint a Corporate Member as the Honorary Editor of “The Professional Builder” for such term as the General Council may decide.

9.4.3 If not a Councillor the Editor may nevertheless attend meetings of the General Council but may not take part in its deliberations or vote.

RULES OF CONDUCT

These Guidance Notes apply to all Members. The General Council may change or add any Rule from time to time provided that such changes or additions are not contrary to the Bye-Laws. Notices of changes or additions to the Rules will be published in the Journal.

In these Rules of Conduct:-

  1. Members shall mean all corporate and non-corporate members of the Institute.

  2. Logo refers to the logo approved by the Institute for use by corporate members only.

  3. advisory service included project management, contract management, design and the giving of advice upon the construction ,alteration, maintenance or repair of a building or other structure, including method, feasibility or cost in the form of written or verbal reports or drawings.

  1. STANDARD OF CONDUCT

1.1 Members shall, in fulfilling their professional responsibilities and the duties which they undertake, have full regard to the public interest.

1.2 Members shall demonstrate a level of competence consistent with their class of membership.

1.3 Members shall at all times act with integrity so as to uphold and enhance the dignity, standing and regulation of the Institute.

1.4 No Member shall be connected with any occupation or business in any way which would, in the opinion of the General Council, prejudice his professional status or the reputation of the Institute.

1.5 Members undertaking work in a country other than their own shall observe these Rules so far as they are applicable.

1.6 Members shall discharge their duties with complete fidelity and probity, in particular they shall:

1.6.1 not divulge to any person, firm or company any information of a confidential nature relating to the business activities or processes of their Employer or Client acquired during the course of their work.

1.6.2 not, without the permission of their Employer or Client, render any services, with or without remuneration, which conflicts with the interests of their Employer or Client.

1.6.3 ensure, when providing an advisory service, that the advice given is fair and unbiased.

1.6.4 ensure, when undertaking any other construction related activity, that all such work is accordance with good practice and current standards and Complies with all statutory and contractual requirements.

1.6.5 at no time improperly offer or accept gifts or favours which would be interpreted by the Institute as exerting an influence to obtain preferential treatment.

1.6.6 not undertake work for which they knowingly lack insufficient professional or technical competence, or the adequate resource to meet their obligation.

1.6.7 if not competent to undertake part or all of a particular advisory service shall either decline to give advice or secure appropriate competent assistance.

1.6.8 only use the distinguishing letters of membership and appropriate description prescribed in the Bye-Laws and in accordance with the principles of these Rules of Conduct.

1.6.9 not, unless corporate members be permitted, use the logo approved by the Institute for use by members in connection with their advisory service in accordance with the principles of these Rules of Conduct and guidelines published by the Institute from time to time.

1.6.10 if providing an advisory service be required to obtain professional indemnity insurance to cover the full liability of any advisory service offered.

1.6.11 if undertaking any other construction related activity be required to maintain insurances and indemnify their Client against the risks for which insurance is commonly effected arising out of the works in respect of workmen, third parties and adjoining properties.

1.6.12 not maliciously or recklessly injure or attempt to injure, whether directly or indirectly, the professional reputation, prospects or business of others.

1.6.13 keep themselves informed of current thinking and developments appropriate to the type and level of their responsibility. They should be able to provide evidence that they have undertaken sufficient study and personal development to fulfill their professional obligations in accordance with the current guidelines for Continuing Professional Development (CPD).

1.6.14 only advertise their services in accordance with the conditions set out in these Rules of Conduct. Within this framework they are permitted to make their experience and availability known to individuals and organizations where it is believed that an opportunity may exist for their services.

1.6.15 at all times have due regard for the safety, health and welfare of themselves, colleagues and any others likely to be affected, and in particular be expected to have:

1.6.15.1 knowledge of the health and safety risks in the industry and the main principles and strategies for control;

1.6.15.2 an understanding of the responsibilities for safety, health and welfare placed on all parties involved in the building process;

1.6.15.3 a working knowledge of current legislation and advisory information;

1.6.15.4 a recognition of the importance of keeping themselves up-to-date.

1.6.16 Further, it shall be duty of every Member:

1.6.16.1 when acting for a Client or when in contemplation of acting for a prospective Client whose interests conflict or may conflict with his own, or those of any of his associates to disclose the relevant facts forthwith to the Client or prospective Client and to the associate and where such disclosure is oral to confirm the same in writing at the earliest opportunity and inform the Client that be shall be unable to act or continue to act unless the Client requests him to do so.

1.6.16.2 to ensure that neither he personally nor any firm or company carrying on practice of which he is a partner or director acts for two or more parties with conflicting interests without disclosing the relevant facts to each of those parties forthwith and confirming such disclosure in writing at the earliest opportunity.

1.6.17 For the purposes of this paragraph of these Guidance Notes:

1.6.17.1 Partner shall include a sole principal of a practice or a partner in a firm or a Director of a company;

1.6.17.2 firm shall mean a practice firm or company carrying on practice in construction;

1.6.17.3 contravention shall include any act or omission which would if committed by a Member constitute a contravention.

1.6.17.4 Every Member who:

1.6.17.4.1 is or holds himself out or allows himself to be held out to be a Partner in a firm; or

1.6.17.4.2 allows his name and/or designatory letters or designation to appear on the note paper or in the advertisements of any firm in which no other Partner is a Member; or

1.6.17.4.3 is a Partner in a firm which is so connected with another firm in which no Partner is a Member that in the opinion of the General Council persons dealing with that other firm

believe or may be induced to believe that the two firms are connected,

Shall be held responsible for any contravention of the Bye-Laws committed by any Partner or by any member of the staff or such firm or other firm, provided that if such Member shall show that without any default on his part he had no reason to be aware and was not aware of any such contravention and that he had prior to such contravention taken all such steps as may be reasonable to ensure that such contravention was not committed he may be relieved of responsibility for such contravention.

1.6.18 No Member shall:

1.6.18.1 offer or provide whether to a prospective Client or a third party any gift or favour whether in money or otherwise designed to secure instructions for work;

1.6.18.2 having once quoted a fee for professional services revise that quotation to take account of the fee quoted by another Member for the same services;

1.6.18.3 quote a fee for professional services which is to be calculated by reference to the fee quoted or charged by another Member reduced by some proportion or amount;

1.6.18.4 directly or indirectly exert undue pressure or influence on any person, whether by the offer or provision of any payment, gift or favour or otherwise, for the purpose of securing instructions for work, or accept instructions from any person on whom he has reason to believe that undue pressure or influence may have been exerted by a third party in expectation of receiving a reward for the introduction;

1.6.18.5 act or offer to act in any capacity in relation to any matter which is the subject of judicial or quasi-judicial proceedings either on the footing that no charge will be made unless the proceedings are successful or on the footing that the amount of the charge will be related to the degree of success attained.

1.6.19 No Member shall solicit instructions for work in a manner that may bring the Institute into disrepute.

1.6.20 Every Member shall:

1.6.20.1 keep in one or more bank accounts separate from his own, his firms or his companys bank account (as the case may be ) any Clients money held by or entrusted to him, his firm or his company in any capacity other than of beneficial owners;

1.6.20.2 account at the due time for all moneys held, paid or received on behalf of or from any person (whether a Client or not ) entitled to such account and whether or not after the taking of such account any payment is due to such person.

1.6.21 No Member shall carry on practice under any such name, style or title as to prejudice his professional status or the reputation of the Institute.

2. DISTINGUISHING LETTERS AND USE OF DESCRIPTIONS

2.1 Members who are entitled to use their distinguishing letters of membership and/or description may only do so in conjunction with their personal name. Distinguishing letters and/or descriptions may not be used in conjunction with the name of a business or other organizations.

2.2 Members who are proprietors, partners or directors of a business may display their name, any appropriate distinguishing letters of membership, and a supporting description on the premises and nameboards of the business.

2.3 Members may display their name, any appropriate distinguishing letters of membership, and/ or description, on personal stationery, site notice boards and publications, and on those of those of businesses and/or other organizations with which they are connected.

2.4 The Institute will from time to time publish guidance setting out the exact style and manner in which members distinguishing letters and descriptions may be used.

2.5 Logo

2.5.1 Corporate members offering an advisory service may use the logo approved by the General Council on:

Stationery

Brochures and report covers

Advertisements

Drawings

Site signboards

in accordance with guidelines as published by the Institute from time to time.

2.6 Advisory Service

The Institute does not prescribe a scale of fees. Any charges made by a member shall be fair and reasonable.

Before undertaking a remunerated advisory service members must agree in writing with their Client:

2.6.1 the nature, scope and limitation of the proposed advisory service and where appropriate the manner in which it is to be provided and documented;

2.6.2 the basis and timing if any charge to be made including that for abandoned work;

2.6.3 any provision to be made for reimbursement of printing costs, traveling and other related expenses;

2.6.4 procedures for settlement in the event of a dispute;

2.6.5 the nature and scope (including any restriction or limitation) of the insurance offered in relation to any advisory service including but not limited to professional indemnity, Third Party Liability and Employers Liability insurance.

Note: The Institute can, on request provide details of insurers prepared to consider the forms of risk mentioned in 2.6.5 above. The arrangement and operation of such insurances is entirely a matter between the member and the insurer.

2.7 Advertising

2.7.1 Advertisements shall be factual and relevant in substance and presentation. They must not contain information which is untrue, misleading, unfair, flippant or otherwise discreditable to the profession.

2.7.2 If any advertising agency is used by a member, the member remains responsible for ensuring that advertisements conform to the provisions of these Rules of Conduct.

3. DISCIPLINARY POWERS

3.1 In accordance with the provisions of Bye-Law Part V if a Member is found to have contravened the Standard of Conduct or any provisions of the Bye-Laws the General Council shall have power to take any one or more of the following courses of action, that is to say:-

3.1.1 to reprimand or severely reprimand the Member;

3.1.2 to require the Member to give an undertaking to refrain from continuing or repeating the conduct which is found to have constituted the contravention;

3.1.3 to suspend the Member from Membership of the Institute for such periods as the General Council may determine;

3.1.4 to expel the Member from the Institute;

3.1.5 to order the Member to pay the expenses incurred by the Institute in the investigation of the complaint and the disciplinary proceedings against the Member including but not limited to legal costs incurred therefore.

3.2 If in respect of a Member there is produced to the General Council

3.2.1 evidence of conviction by a Court of competent jurisdiction for any criminal offence involving embezzlement, theft, corruption, fraud or dishonesty of any kind or any other criminal offence carrying on first

conviction a maximum sentence of not less than twelve months imprisonment; or

3.2.2 a legal notice that he has been adjudicated bankrupt or a certified copy of a deed of arrangement he has entered into with or for the benefit of his creditors; and

3.2.3 a copy of a letter sent by the Institute to the Member

3.2.3.1 informing him of the powers of the General Council under the Bye-Laws;

3.2.3.2 giving him not less than 21 days notice of the date of the meeting of the General Council at which the matter is to be considered; and

3.2.3.3 inviting him to make such submissions in writing as he may think fit;

the General Council after considering any submission as aforesaid may either:

3.2.4 refer the matter to the Committee of Investigation hereinafter mentioned for enquiry and action; or

3.2.5 without further enquiry forthwith expel the Member from the Institute.

3.3 The General Council may if they think fit temporarily suspend the Member from membership of the Institute pending such enquiry as last aforesaid.

3.4 All decisions of the General Council shall take immediate effect and shall be duly recorded; and the General Council may cause to be published in the Journal and in such newspaper or other publications as the General Council may think fit notice of reprimand or severe reprimand; suspension or expulsion of a Member together with such particulars as the General Council shall think desirable of the misconduct, breach of Bye-Laws, conviction or other matter for which the penalty in question was imposed.

3.5 If a Member is expelled his name shall be removed from the Register and he shall thereupon cease for all purposes to be a Member of the Institute. His diplomas of Membership shall be immediately returnable to the Institute and he shall not be entitled to use any designation or description which implies membership or former membership of the Institute.

3.6 If a Member is suspended he shall not be entitled during the period of his suspension to exercise any of the rights or privileges of membership of the Institute. He shall however remain in all other respects subject to the provisions of these Bye-Laws and to be exercise of the Institutes disciplinary powers in respect of any contravention of those provisions committed by him during the period of his suspension.

3.7 Once a Member has been notified that a complaint or allegation has been made against him or that a conviction, bankruptcy or other matter mentioned in these

Guidance Notice has been notified to the Institute he shall not be entitled to resign from membership of the Institute and any such proceedings may be continued notwithstanding his attempted resignation.

4. DISCIPLINARY BODIES

4.1 The disciplinary bodies of the Institute shall consist of a Committee of Investigation and a Disciplinary Board sitting in private.

4.1.1 The Committee of Investigation

4.1.1.1 The Committee of Investigation shall be selected by the Chairman and shall consist of three Members who shall be Fellows. The Chairman shall appoint one of the members to be its Chairman. The Chairman shall appoint a Member of the Institute to be its Secretary.

4.1.1.2 If in the opinion of the Committee of Investigation the investigation of a particular complaint or allegation may require specialist knowledge or expertise not available to the Committee it may appoint a Member who in its opinion has such knowledge or expertise to serve ad hoc as a full additional member of the Committee for the purpose of considering the particular complaint or allegation.

4.1.2 The Disciplinary Board

4.1.2.1 The Disciplinary Board shall be drawn from a Disciplinary Panel.

4.1.2.2 The Disciplinary Panel shall be appointed by the General Council. Members shall be appointed for a two year period. The Disciplinary Panel shall consist of a maximum of twenty Members.

4.1.2.3 The Disciplinary Board shall be selected by the Chairman and shall consist of not less than three nor more than five members of the Disciplinary Panel, as the Chairman may decide. A Member appointed on to the Committee of Investigation shall not be appointed on to the Disciplinary Board. The Chairman shall appoint one of the members of the Board to be its Chairman. The Chairman of the Board shall appoint a Member of the Institute to be the Secretary. The Chairman shall also advise two other members of the Disciplinary Panel to hold themselves in readiness to replace any of those selected who may in the event be unable to attend the hearing. The Board shall sit with an assessor being a solicitor or barrister of not less than ten years standing and who shall be appointed by the Chairman.

5. DISCIPLINARY PROCEDURE

5.1 The Committee of Investigation

      1. When a complaint or allegation is made against a Member of a breach of the Bye-Laws the Chairman shall appoint a Committee of Investigation and the Honorary Secretary shall transmit to the Committee details of the complaint or allegation, together with any documentary evidence in support thereof.

      2. The Honorary Secretary shall inform the Member of the complaint or allegation made against him and shall also inform him that a Committee of Investigation has been appointed.

      3. The Committee shall consider the documents and may either reach a conclusion thereon or call for further information or evidence from the complainant or from any other person.

      4. The Committee shall keep minutes of its investigations and decisions but the circulation of those minutes shall be confined to members of the Committee during the period of investigation after which they shall be made available to the Office Bearers of the General Council.

      5. If the Committee recommends that the subject matter of the complaint or allegation should not become a formal charge it shall so inform the Office Bearers of the General Council. The Office Bearers after due consideration of the Committees recommendation shall inform the Member of their decision by letter to the Member.

      6. If the Committee recommends that the subject matter of the complaint or allegation should become a formal charge it shall so inform the Office Bearers of the General Council. The Office Bearers after due consideration of the Committees recommendation shall inform the Member of their decision by letter to Member. In the event of the Office Bearers accepting the Committees recommendation the Chairman shall appoint a Disciplinary Board and the Honorary Secretary shall be given such assistance as he may need for the purpose of instructing the Institutes solicitors and (if they so advise) counsel to draw up the charge and generally prepare the case for presentation to the Disciplinary Board.

5.2 The Disciplinary Board

5.2.1 When the charge has been drawn up the Honorary Secretary shall after consultation with the Chairman of the Board fix a date, time and place for the hearing (sufficiently far ahead for the Member to be given not less than 28 days notice thereof) and shall:-

5.2.1.1 by recorded delivery post addressed to the Members last known address:

5.2.1.1.1 send him a copy of the charge;

5.2.1.1.2 invite him (if he so wishes) to submit a written answer by way of defence to the charge;

5.2.1.1.3 inform him of the date, time and place of the hearing and of his rights under Bye-Law Part V;

5.2.1.1.4 call upon him to state within the next 14 days whether he intends to appear at the hearing and if so whether only in person or by solicitor and/or Counsel;

5.2.1.1.5 warn him that if he does not elect to appear at the hearing the Board may proceed in his absence;

5.2.1.1.6 require him to serve on the Honorary Secretary not less than 14 days before the date of the hearing a list of such documents if any upon which he intends to rely at the hearing;

5.2.1.1.7 inform him that the Institute is also required to serve upon the Member not less than 14 days before hearing a list of the documents to which the Institute intends to refer;

5.2.1.1.8 inform him that either he or the Institute (as the case may be) may require copies of any documents included in a list served by either of them upon payment of any proper charge therefore; and

5.2.1.1.9 send him a copy of the procedure note for the conduct of the hearing approved by the General Council;

5.2.1.2 send to the Institute’s solicitor a copy of the letter and accompanying documentation sent in pursuance of the foregoing requirement; and

5.2.1.3 make arrangements for the hearing by the Board.

5.3 If the Member charged fails to attend either in person or by solicitor or counsel before a Board either at an original hearing or at any adjourned hearing or otherwise avail himself of his rights the Board shall satisfy itself that he was duly given notice thereof and has not shown good cause for his failure to attend and if so satisfied may proceed in his absence and without further reference to him.

5.4 A Board may at its discretion adjourn a hearing from time to time.

5.5 The Board shall:

5.5.1 conduct the hearing in a judicial manner in accordance with the procedure approved by the General Council; and

5.5.2 of its finding is that the charge is proved, receive evidence of the Members record and hear any statement or speech in mitigation by the Member or on his behalf.

5.6 The Disciplinary Board shall inform the General Council and the Member of its decision by letter to the General Council and the Member.

5.7 The Disciplinary Boards decision shall be final and shall be noted in the Members Personal Record file and published if the General Council so directs.

5.8 The General Council shall exercise its powers as provided by paragraph 3 hereof in accordance with the Disciplinary Boards decision.