About ECMA
Constitution

(Adopted by the ECMA Membership on 14 September 1988; with subsequent amendments by the ECMA General Meetings on 14 June 1989, 9 June 1992, 22 October 1992, 20 April 1993, 3 August 1993, 11 November 1993, 8 January 1996 and 15 September 2005.)

Chapter 1 - General Stipulation

  1. The name of the Association shall be ENVIRONMENTAL CONTRACTORS MANAGEMENT ASSOCIATION in English and 環保工程商會in Chinese (hereinafter referred to as "the Association").
  2. The address of the Association shall be Room 702, 7/F, Lee Garden Two, 28 Yun Ping Road, Causeway Bay, Hong Kong
  3. The objectives of the Association shall be:-
    1. To promote the interests and general welfare of the industries of the Association.
    2. To enhance the professional image and competence of members of the Association.
    3. To advise the Government of any future amendments affecting the industries of the Association.
    4. To protect and safeguard the legitimate interests of the members of the Association in general.
    5. To establish the recognition at Government, industry and community levels that the Association is committed to conform to approved and accepted environmental standards and legislative requirements.
    6. To cooperate with the Government authorities for the good of the community and the industries of the Association.
    7. To encourage, establish and maintain high standards of competence, knowledge and performance.
    8. To encourage and establish ethical methods of competition.
    9. To promote a closer and more friendly relationship among those engaged in the industries of the Association.
    10. To promote and encourage the growth of technical knowledge and new development within the industries of the Association.
    11. To seek membership or affiliation with other national and international bodies.
    12. To do any and all things that are lawful and appropriate in the furtherance of these objectives.

Chapter 2 – Membership

  1. Membership
    There shall be two categories of membership open to those organisations or individuals who are of good conduct and are willing to abide by the Constitution of the Association.
    1. Active Member : Companies in Hong Kong providing contract cleaning services, waste management services, or environmental engineering or consultancy services, or supplying equipment or products related to such services.
    2. Associate Member: Any individual, organisation, or company in Hong Kong or elsewhere interested in the industries of the Association.
    In applying for membership, an applicant shall submit to the Association a completed application form together with the prescribed documents and fees and shall become a member when the application is approved by the Executive Committee. An Active Member shall be represented at meetings of the Association by its owner, a partner, a director or an employee as the Active Member may decide and such person shall exercise all rights of the Active Member.
  2. Rights of the Members
    1. Active Members:
      1. To nominate, propose, vote and recall.
      2. To enjoy the benefits as set forth in Article 3 'objectives' of this Constitution.
    2. Associate Members:
      To enjoy the benefits as set forth in Article 3 'objectives' of this Constitution.
  3. Obligations of the Members
    1. To abide by the Constitution of the Association and the resolutions passed by the General and Extraordinary General Meetings.
    2. To pay the prescribed fees to be determined by the Executive Committee.

Chapter 3 - Organisation And Functions And Powers

  1. The supreme authority of the Association shall be vested in the General Meeting, during the recess of which the Executive Committee shall be the executive organ.
  2. The Executive Committee shall be formed by nine (9) Executive Committee members who shall be the representatives of Active Members. The Executive Committee Members shall be elected by Active Members at an Annual General Meeting. The Executive Committee shall elect from among themselves a President, a Vice President, an Honorary Secretary, a Treasurer as officers of the Association. The Executive Committee shall appoint from among themselves or by coopting representatives of other Active Members, chairpersons or convenors of such sectoral committees and sub-committees as it considers appropriate from time to time. Coopted Executive Committee Members who are representatives of Active Members shall be entitled to vote on issues discussed by the Executive Committee. Coopted Executive Committee Members who are representatives of Associate Members shall not be entitled to vote on issues discussed by the Executive Committee.
  3. All the Executive Committee Members of the Association shall serve gratis. Their term of office shall be two years and they may be re-elected. The Executive Committee Members shall not become the salaried staff of  the association, nor shall they receive from it any remuneration.
  4. In the event the President vacates his office for any reason other than the completion of a term of office, the Vice-President shall assume the office of President for the remainder of the term of office. If the Vice-President is not  available or unable or unwilling to fill the vacated office of President, the Executive Committee shall elect among themselves a new President. In the event the office of Vice-President becomes vacant for any reason before the completion of the term of office, a new Vice-President shall be elected from among the Active Members of the Executive Committee or the office shall remain vacant until the next term. If any Executive Committee Member other than the President or Vice-President vacates his office for any reason, the Executive Committee may elect a successor from among themselves or coopt a successor from among qualified members to hold office for the un-expired term of  leave the office vacant as the Executive Committee shall see fit to decide.
  5. Functions and Powers of the General Meetings
    1. To pass amendments to the Constitution of the Association.
    2. To elect Executive Committee Members.
    3. To consider and adopt the progress and financial reports of the Association.
    4. To decide on any innovation which the Association may require and on the recall of derelict office bearers.
  6. Functions and Powers of the Executive Committee
    1. To implement the resolutions passed by the General and Extraordinary General Meeting.
    2. To prepare the budget.
    3. To attend to the daily affairs of the Association and to draw up By-Laws as necessary to organise and regulate these affairs.
    4. To decide on the employment, discharge and salaries of the employees.
    5. To make recommendations to the General Meeting.
  7. Functions and Powers of the Executive Committee Members
    1. The President shall represent the Association, direct the various officers of the Executive Committee in their work, take overall charge of the work of the Association and preside over all the meetings.
    2. The Vice-President shall assist the President in his work and shall act for him when he is absent, on leave or has vacated his office.
    3. The Secretary shall attend to all the secretarial work, keep the seals and documents under safe custody, compile the agenda and record the minutes of meetings.
    4. The Treasurer shall make purchases for the Association and shall attend to all the works which do not fall within the charters of the Executive Committee Members.
    5. The Treasurer shall take charge of financial matters of the Association. He shall compile the monthly statement of accounts for approval by the Executive Committee, copies of which are available to members on request. He shall also compile the annual statement of accounts which shall be submitted to the Auditor for audit 15 days before the General Meeting to which it shall be presented for adoption. Funds of the Association in excess of $200 shall be deposited with a bank designated by the Executive Committee. Valid cheques of the Association shall be signed jointly by any two of the President, the Vice-President, the Hon. Secretary or the Hon. Treasurer. Apart from the recurrent expenditure, monthly extraordinary expenses totalling less than $1,000 may beauthorised by any other Executive Committee Member but if the sum exceeds $1,000, approvalfrom the Executive Committee shall be obtained before the money may be used.
    6. The Treasurer shall audit all the accounts of the Association.

Chapter 4 – Meetings

  1. The Annual General Meeting shall be held once in every calendar year and it shall be convened by the President at a designated time (not being less than 11 months and more than 13 months after the holding of the last preceding Annual General Meeting) and place as determined by the Executive Committee. Members of the Association shall be notified of the meeting twenty-one (21 days) in advance in writing by post. The quorum of the Annual General Meeting shall consist of over 25% of the Active Members. In the absence of a quorum, the meeting shall be adjourned and be convened again within seven (7) days. For this adjourned meeting, members of the Association shall again be notified of the meeting in written form. At this adjourned meeting, any number of members present shall be a quorum.
  2. An Extraordinary General Meeting may be called by the Executive Committee or at the request of at least 25% of the Active Members who shall send such a request in written form bearing their signatures to the President. Following the decision of the Executive Committee or upon receipt of a request from members, the President shall cause the meeting to be held within fifteen (15) days but giving members at least seven (7) days notice. Discussions held and resolutions passed at the meeting shall be limited to those points listed in the notice convening the meeting. The quorum for the meeting and the provisions for postponing the meeting in the case of no quorum shall be the same as for the Annual General Meeting.
  3. The Executive Committee shall hold a meeting at least once every two months and more frequently whenever the President deems it necessary. For every meeting of the Executive Committee its members shall be notified of the meeting seven (7) days in advance in writing. The quorum of an Executive Committee Meeting shall consist of over half of all the Executive Committee Members.
  4. Motions at all meetings shall be carried by the approval of over half of those Active Members present. If a tie occurs in voting, the President of the meeting shall put in his casting vote for the decision.
  5. If both the President and Vice-President are absent from a meeting, those Executive Committee Members present shall elect among themselves a temporary President to preside over the meeting.

Chapter 5 – Election

    1. Election of the Executive Committee shall take place at the Annual General Meeting held in alternate years. The Honorary Secretary shall call for nominations from Active Members concurrent with dispatch of the notice convening the Annual General Meeting. The properly completed and signed nomination form shall be returned to the Secretary eight working days prior to the date of the Annual General Meeting. Candidates validly nominated will be selected by written ballot by the representatives of each Active Member. Voting papers will be distributed to all Active Members in advance of the Annual General meeting. Active Members may send their ballot papers in sealed envelopes duly completed and signed and chopped by the authorised representative of the Active Member to reach the Secretary by close of business two working days prior to the meeting. After that time only voting papers completed at the Annual General Meeting by the representatives of Active Members present at the meeting will be accepted. Voting papers completed at the meeting need not be chopped and signed. The sealed envelopes containing advanced ballot papers will be opened at the meeting. The candidates receiving the highest number of votes shall be deemed to be elected Executive Committee Members. In the event of a tie in votes, a new ballot shall be held immediately to determine which of those candidates with the same number of votes shall be elected.
    2. After the election of the new Executive Committee Members, a convenor, not being a member of the new committee and who shall be nominated by the outgoing committee, shall cause a meeting of the new committee to be held within 30 days of the election. The convenor shall chair the first meeting of the new Executive Committee at which the members shall elect one another to fill the various offices in the new committee. The convenor shall not have a vote at this meeting. The new Honorary Secretary shall send a list of the new office bearers to the Registrar of Societies immediately after his election.

Chapter 6 - Awards And Penalties

    1. The Executive Committee may present a letter of commendation or certificate of service to any representative of an Active or Associate Member who has given dedicated and meritorious service to the Association over a number of years.
    2. The Executive Committee may recommend to the General Meeting that a representative of an Active or Associate Member who has given particularly loyal and dedicated service to the Association over many years be offered Honorary Life Membership of the Association. The General Meeting will decide whether or not to offer such an honour. If granted, the Honorary Life Member would have the same status as an Associate Member but would not have to pay any annual subscription.
  1. Members who commit one or more of the following acts or omissions will be subject to disciplinary action:-
    1. Infringement of the Constitution, of the By Laws or of resolutions of the Association.|
    2. Being convicted of a criminal offence.
    3. Improperly using the name of the Association in such a manner that may bring the Association into disrepute.
    4. Non-payment of membership's fees for more than three months after they become due.
    5. Infringement of the Association Code of Practice.
    6. Unprofessional or unethical conduct in the course of business which may reflect adversely on the reputation of other Members or the Industry in general.
    7. Infringement of environmental laws, regulations, rules or sound environmental practice.
    Such acts or omissions will initially be reviewed by the Executive Committee which shall recommend to a General Meeting of the Association what disciplinary action is appropriate in any particular case. A member shall be expelled if a petition is raised by more than one third of the Active members to this effect.
  2. Should any Executive Committee Member commit any act or omit to act in such a manner that is intolerable to the remainder of the committee, he shall be ejected from the committee provided the remainder of the committee unanimously recommend such a course of action to the Active Members in writing and such course of action is approved by more than 75% of the Active Members attending the next General Meeting.
  3. Fees already paid or donations made by members who withdraw voluntarily or are expelled from the Association shall not be recoverable. If the representative of a Member is a member of the Executive Committee, he shall automatically be ejected from the Committee.

Chapter 7 - Use Of Funds

  1. Funds of the Association shall be applied solely to meet its recurrent expenditure and for the enterprises stipulated in Article 3 'objectives' of this Constitution and shall not be used for any other purpose.

Chapter 8 - Debts And Liabilities

  1. Any debts of the Association shall be borne by all the Executive Committee Members of the term in which the debts are incurred.

Chapter 9 – Appendix

  1. In case the Association should dissolve, the decision shall be made by the General Meeting or Extraordinary General Meeting and assented to by over half of all the Active Members of the Association. Any remaining assets of the Association upon its dissolution shall be donated to a local charitable organisation.
  2. Any amendment to this Constitution shall be passed by the General or Extraordinary General Meeting and approved by the Registrar of Societies before it comes into effect.

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