Cap. 1148

An Ordinance to make provision for the incorporation of The Hong Kong Institute of Surveyors and for matters connected therewith. [19 January 1990](Format changes—E.R. 3 of 2021) (Enacting provision omitted—E.R. 3 of 2021) Part I Preliminary 1. Short title This Ordinance may be cited as The Hong Kong Institute of Surveyors Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Constitution (章程) means the constitution of the Institute referred to in section 10 for the time being in force;General Council (理事會) means the General Council of the Institute established under section 7;Institute (學會) means “The Hong Kong Institute of Surveyors” incorporated by section 3; (Amended E.R. 3 of 2021)member (會員) means a person whose name is currently included in the Register of members of the Institute;President (會長) means the person referred to as President of the Institute in section 7 and any person acting as President in accordance with the provisions of the Constitution;Register (名冊) means the Register of members of the Institute kept in accordance with the Constitution;Secretary (秘書) means the honorary secretary of the Institute appointed under the provisions of the Constitution;year (年度) means the financial year of the Institute commencing and ending on such dates each year in accordance with the Constitution except that the period from the incorporation of the Institute to 31 March next thereafter shall be deemed to be a financial year. Part II The Hong Kong Institute of Surveyors 3. Incorporation of The Hong Kong Institute of Surveyors (1) The Hong Kong Institute of Surveyors shall be a body corporate and shall be known as “The Hong Kong Institute of Surveyors” which shall in that name have perpetual succession and shall be capable of suing and being sued and, subject to this Ordinance, of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.(2) The Institute shall have a common seal which shall not be affixed except pursuant to a resolution of the General Council, and unless provided otherwise in the Constitution, in the presence of a member of the General Council and of the Secretary, or such other person appointed in his place by the General Council, each of whom shall sign his name.(3) Any document purporting to be duly executed under the common seal of the Institute authenticated in accordance with subsection (2) shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. 4. Objects of the Institute The objects of the Institute are, subject to this Ordinance—(a) to secure the advancement and facilitate the acquisition of that knowledge and expertise which constitutes the profession of a surveyor, including, but not limited to, the arts, sciences and practice of—(i) determining the value of all descriptions of landed and house property and of all kinds of rights and interests therein;(ii) managing and developing estates and all other matters concerned with or incidental to the management of landed property;(iii) researching, examining, reporting upon and securing the optimal use of land and its associated resources to meet social, economic and other needs;(iv) surveying the structure and condition of buildings and their services and advising on their maintenance, alteration, improvement, re-construction and demolition;(v) measuring and delineating the physical feature of the earth;(vi) managing, developing and surveying mineral and other property rights;(vii) researching, examining, reporting upon and determining the economic acquisition and use of resources of the construction industry, and the financial appraisal and measurement of construction work;(viii) selling (whether by auction or otherwise), buying or letting, and promoting or encouraging the sale, buying or letting, as an agent, of real or personal property or any interest therein; and(ix) project management;(b) to promote, support and protect the character, status and interests of surveyors in Hong Kong;(c) to maintain and promote the usefulness of the profession of surveyors for the public advantage; and(d) to do all such other things as are incidental or conducive to the attainment of the above objects as the General Council may consider appropriate. 5. Powers of the Institute Subject to this Ordinance the General Council may, on behalf of the Institute, do all such things as are necessary for, or incidental or conducive to the better carrying out of the objects of the Institute, and, in particular, but without prejudice to the generality of the foregoing, may—(a) acquire, take on lease, purchase, hold and enjoy any property and sell, let or otherwise dispose of the same;(b) enter into any contract;(c) provide appropriate amenities for members;(d) employ staff;(e) provide residential accommodation for staff and visiting guests;(f) provide or contribute to pensions for staff;(g) act as trustee in relation to pension schemes and funds for scholarships and prizes;(h) borrow money in such manner and on such securities or terms as the General Council deems appropriate or expedient;(i) apply for and receive any grant in aid for the functions of the Institute on such conditions as the General Council deems appropriate or expedient; and(j) invest the funds of the Institute in such manner and to such extent as the General Council deems appropriate or expedient. 6. Vesting of Property On the commencement* of this Ordinance, the Institute shall succeed to all property, rights, privileges, obligations and liabilities of the unincorporated The Hong Kong Institute of Surveyors. Editorial Note: * Commencement date: 19 January 1990. Part III General Council 7. Establishment of General Council (1) There is hereby established a General Council to be known as the “General Council of The Hong Kong Institute of Surveyors”. (Amended E.R. 3 of 2021)(2) At the commencement* of this Ordinance, the General Council shall consist of the persons holding the offices of President, Senior Vice-President, Junior Vice-President, Honorary Secretary and Honorary Treasurer of the unincorporated The Hong Kong Institute of Surveyors immediately before the commencement of this Ordinance, and all other persons who were members of the general council of the unincorporated The Hong Kong Institute of Surveyors immediately before the commencement of this Ordinance.(3) The persons specified in subsection (2) shall hold office until the election of officers and members of the General Council at the first annual general meeting of the Institute or otherwise in accordance with the provisions of the Constitution. Editorial Note: * Commencement date: 19 January 1990. 8. Powers of General Council The management of the Institute shall be vested in the General Council and all the powers of the Institute shall be vested in and exercisable by the General Council except so far as this Ordinance or the Constitution otherwise requires. Part IV Membership and Constitution 9. Membership The members of the Institute shall be those persons whose names are included in the Register, being—(a) all the members of the unincorporated The Hong Kong Institute of Surveyors at the commencement* of this Ordinance; and(b) other persons elected to membership in accordance with the Constitution. Editorial Note: * Commencement date: 19 January 1990. 10. Existing Constitution to become Constitution of the Institute (1) The constitution and bye-laws of the unincorporated The Hong Kong Institute of Surveyors at the commencement* of this Ordinance shall be adopted as the constitution of the Institute.(2) Within 14 days after the commencement* of this Ordinance, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution adopted under subsection (1), certified by the President as being a true copy.(3) The Constitution may be amended by the Institute at any time in accordance with its provisions.(4) It shall not be necessary to publish the Constitution or any amendment thereof in the Gazette. Editorial Note: * Commencement date: 19 January 1990. Part V General Provisions 11. Particulars to be delivered to the Registrar of Companies (1) Within 14 days after the commencement* of this Ordinance the President shall deliver to the Registrar of Companies for registration—(a) notice of the address of the Institute;(b) a list containing the names and addresses of the members of the General Council; and(c) the name and address of the Secretary.(2) Within 14 days after the Constitution has been amended at any time under section 10, the President shall deliver to the Registrar of Companies for registration a copy of the Constitution as amended, certified by the President as being a true copy.(3) Within 14 days following any change in any of the particulars required by subsection (1)(a), (b) or (c) to be delivered to the Registrar of Companies, the President shall deliver notice of change to the Registrar of Companies for registration.(4) Not later than 6 months after the end of each year a statement of income and expenditure during that year and of the assets and liabilities of the Institute on the last day of that year prepared in accordance with the Constitution, and the report of the auditors thereon made under the Constitution shall be delivered by the President to the Registrar of Companies for registration.(5) Any person may inspect any of the documents registered under this section upon payment of such fees as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) for the inspection of a document under section 45(3) of that Ordinance. (Amended 28 of 2012 ss. 912 & 920)(6) The Institute shall pay such fees for registering any document under this Ordinance as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) as if the Institute were a company not having a share capital. (Amended 28 of 2012 ss. 912 & 920) Editorial Note: * Commencement date: 19 January 1990. 12. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws or the rights of any body politic or corporate or of any other persons except such as are mentioned or referred to in this Ordinance and those claiming by, through, from or under them.(Amended 57 of 1999 s. 3)