MEMORANDUM AND ARTICLES OF ASSOCIATION OF THE TAXATION INSTITUTE OF HONG KONG

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The Taxation Institute of Hong Kong

tihkadm@tihk.org.hk

ARTICLES OF ASSOCIATION
OF
THE TAXATION INSTITUTE OF HONG KONG
(­»´äµ|°È¾Ç·|)

Disciplinary Committee

* 34. A Disciplinary Committee shall be formed with the powers and for the purposes hereinafter mentioned. The President and the two Vice-Presidents of the Council shall be ex-officio Members of such Committee, and the other Members shall be elected by the Council from among the Members of the Council by ballot. Including the ex-officio Members, the Disciplinary Committee shall consist of not more than nine or less than seven Members, and the quorum shall be five Members personally present. Every Member, including the ex-officio Members shall have one vote.

35. All vacancies from time to time occurring in the Disciplinary Committee shall be filled by the Council, but the Disciplinary Committee may act notwithstanding any vacancy, provided that the number has not fallen below the minimum authorized number.

36. The Disciplinary Committee shall meet at such times and in such places as it may from time to time determine. Minutes shall be kept of all proceedings of the Disciplinary Committee.

37. The Disciplinary Committee may suspend any Member, who is proved, to the satisfaction of the Committee, to have been guilty of any act or conduct discreditable to a Member, from the exercise of all rights and privileges as a Member during such period as it may think fit, not extending beyond two years, or it may censure any Member for any act or conduct which shall, in its opinion, render censure necessary or expedient. Provided that the Member whose act or conduct is under consideration shall have been given a proper opportunity of attending and being heard before the Committee, and that at least five Members of the Committee present at the meeting at which the suspension or censure shall be resolved upon shall consent thereto.

38. If any Member shall, in the opinion of the Disciplinary Committee, be guilty or be accused of discreditable conduct, or of any act or conduct which would, in the absence of satisfactory explanation, be derogatory to the Institute, or render him unfit to remain a Member, then the Disciplinary Committee shall send to such Member at his last registered address, through the Post Office, a statement in writing of the act or conduct imputed to him, and shall afford him an opportunity of giving an explanation personally or in writing, as he may elect.

39. If on the consideration of such explanation or, in the absence of any explanation, the Disciplinary Committee shall be of opinion that such Member ought to be excluded from Membership of the Institute, it shall state its opinion in the form of a report to be laid before the Council.

40. On any report being laid before the Council by the Disciplinary Committee, recommending the exclusion of a Member, a special meeting of the Council shall be convened (of which meeting at least seven days' notice shall be sent through the Post Office to such Member at his last registered address, and at which he shall be entitled and shall be given a proper opportunity to attend and be heard) and such Member may, by Resolution passed by two-thirds at least of the Members of the Council present and voting at such special meeting, be excluded from Membership of the Institute, or otherwise dealt with as the Council may think fit, but any such decision may at any time be revoked or modified by the Council at a like meeting by such majority as aforesaid, subject to such terms and conditions (if any) as the Council in its discretion may deem fit.

41. The provisions in these presents contained relating to Committees generally shall apply to the Disciplinary Committee, except in so far as they may be inconsistent or inapplicable by reason of the express provisions relating to the Disciplinary Committee.


* As amended by Special Resolution passed on 16th November 1993


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