Constitution

Rule 1. TITLE AND OFFICE
(1) The name of the union shall be known as CATHAY PACIFIC AIRWAYS LOCAL STAFF UNION (hereinafter referred to as the union).
(2) The registered office and postal address of the union shall be at G/F., Airline Store Building, Cathay Pacific City, 2 Chun Ming Road, HK Int’l Airport, Hong Kong.

Rule 2. OBJECTS
The objects of the union shall be as follows : –

(1) To secure the complete organization in the union of all persons who are ordinarily resident in Hong Kong and employed locally by Cathay Pacific Airways Limited.

(2) To obtain and maintain just and reasonable scales of salary, hours of work, and other conditions of service and generally to protect the interests of members.

(3) To regulate the relations and to settle disputes between members and the employer, between one member and another, and between members and other employees by amicable agreements whenever possible.

(4) To promote a spirit of mutual respect and understanding between the employer and the union and to secure the establishment of recognized and permanent machinery for negotiation with the management.

(5) To provide for members any or all of the following benefits and such others as the Annual or Extraordinary General Meeting may decide : –
(i) monetary relief, or such other benefits as may be decided, for sickness, accident, disablement, distress, maternity, and retirement.
(ii) death gratuities and funeral expenses
(iii) educational fees
(iv) victimization and trade dispute benefits
(v) legal advice and legal assistance where necessary in connection with the employment of members

(6) To promote generally the material, cultural, social, educational, and recreational welfare of the members in any lawful manner by the provision of educational facilities, and other undertakings, industrial or otherwise, which the Annual or Extraordinary General Meeting may from time to time deem expedient.

(7) To further, financial or otherwise, the work or purpose of any lawful association or federal body having for its objects the promotion of the interests of labor, trade unionism, or trade unionists.

(8) To establish, carry on, or participate in the business or the printing or publishing of a general newspaper or of journals, books, pamphlets, or publications, in the interests of members and with the main purpose of furthering the interests of the union or of trade unionism generally.

(9) To promote legislation in the interests of its members.

Rules 3. MEMBERSHIP

(1) The union is open to any persons of any nationality and of either sex who are ordinarily resident in Hong Kong and employed locally by Cathay Pacific Airways, Ltd.

(2) A person who applies for membership of the union shall sign and present to the Secretary an application in such form and upon such terms as the Executive Committee may specify. The Executive Committee shall have the right to accept or refuse any application for membership without giving reasons therefor.

(3) Members who satisfy the following conditions, subject to the decisions of the Executive Committee, may be appointed as retired members or honorary fellows:

• upon his retirement from the Cathay Pacific Airways, Ltd. on account of age or ill-health and have been a member for 5 consecutive years, may apply for retired members;
• members, who are made redundant, provided that they are not employed and have joined the union consecutively for 15 years, may apply for honorary fellow.

Application for both retired member and honorary fellow must be made within 3 months upon the member’s last working day with the Company.

Retired members and honorary fellows shall not have the right to vote in any decision of the union. They may, however, participate in the benefits provided by the union (except death gratuities). They shall pay the subscription fees and other fees or contributions as required.

(4) The entrance fee to the union shall be HK$35.00. The monthly subscription shall be HK$22.00. The collection of the monthly subscription of all members may be made payable to the union by means of deduction from the members salary through the accounts department of Cathay Pacific Airways, Ltd. with the agreement of the members.

All retired members and honorary fellows may choose to pay an annual membership fee of HK$30.00 or one off payment of HK$300.00 for life membership. The membership fee may be made payable to the union by cash or cheque.

(5) The Annual or Extraordinary General Meeting of the union shall have power to alter all fees, subscriptions, and contributions, and to impose additional fees, subscriptions and contributions for the purpose of providing further benefits for members.

(6) Members of the union leaving the employment of Cathay Pacific Airways, Ltd. shall cease to be members, or apply for becoming retired members or honorary fellows under Rule 3(3).

(7) All members must abide by the rules of the union. Any member breaking the rules of the union may be liable to appropriate punishment or expulsion by the Executive Committee (See Rule 7(8)). Any member so punished or expelled shall have the right to appeal to the Annual or Extraordinary General Meeting.

(8) Members who are more than 3 months in arrears of either monthly subscription, or contributions, (if any,) shall cease to be members. They may be reinstated subject to the discretion of the Executive Committee on payment of all arrears.

(9) Any member whose membership is terminated shall not be entitled to any compensation or refund of any fee already paid to the union.

(10) Any member wishing to resign from membership of the union may do so by submitting his or her notice in writing to the union and his or her resignation will become effective after one calendar month from the date of his or her notice.

Rules 4. CONSTITUTION AND GOVERNMENT

The supreme authority of the union shall be vested in the Annual General Meeting and, subject to that authority, the union shall be governed by Executive Committee.

Rule 5. ANNUAL GENERAL MEETING AND EXTRAORDINARY GENERAL MEETING

(1) The Annual General Meeting shall be held in the month of April every year.

(2) All members qualified by the rules of the union are entitled to attend the Annual General Meeting or the Extraordinary General Meeting.

(3) Only voting members qualified by the rules of the union shall be entitled to vote at the Annual General Meeting or the Extraordinary General Meeting.

(4) Extraordinary General Meeting may be called by the Executive Committee or at the request of not less than 10% of the total number of qualified voting members of the union.

(5) The Business of the Annual General Meeting shall be : –
(i) To confirm the minutes of the previous Annual General Meeting and of any intervening Extraordinary General Meeting.
(ii) To consider reports of the Executive Committee, to review the past work of the union and to plan future policy.
(iii) To elect thirdly by secret ballot the Chairman, Vice-Chairman, Secretary, Treasurer, Administration Assistant and 6 members of the Executive Committee.
(iv) To consider and approve the audited accounts for the previous financial year and to consider the financial position of the union.
(v) To consider any other business.

(6) The Annual General Meeting, Subject to clauses (4) & (8) of this rule, shall be the only authority to make, alter, amend and rescind any of the these rules, provided no rules providing for any matters specified in the Second Schedule to the Trade Unions Ordinance may be rescinded.

(7) The Secretary, on the instructions of the Executive Committee, shall prepare an agenda of the Annual or Extraordinary General Meeting and shall make it known to members in such manner as the Executive Committee shall decide, provided not less than 14 days‘ notice shall be given to all qualified members for the calling of the Annual General Meeting.

(8) Not less than 14 days‘ notice shall be given to all qualified members for the calling of an Extraordinary General Meeting and an agenda showing the business shall accompany the notice. Discussion at the Extraordinary General Meeting shall be limited to those matters contained in the agenda. Decisions reached at the Extraordinary General Meeting shall have the same validity as decisions reaches at the Annual General Meeting provided that, where any change in the rules of the union is contemplated, such change shall be specifically stated in the agenda of the meeting.

(9) The quorum for all Annual and Extraordinary General Meetings of the union shall be not less than one of the total qualified voting members of the union or 50 qualified voting members whichever is the less. With the exception of the decisions regarding change of name of the union, federation or amalgamation with another trade union any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the union, all decisions taken at an Annual or Extraordinary of vote of all voting members present constituting the requisite quorum.

(10) If the number of voting members present at any General Meeting is insufficient to constitute a quorum, the Executive Committee shall adjourn the meeting for fourteen days; and the Secretary shall serve a notice for the adjourned General Meeting on all qualified members seven days before the date of the meeting. The quorum for the first adjourned General Meeting shall still be formed by not less than on half or 50 of the voting members whichever is the less. If that meeting is again being rendered invalid for the same reason, the Executive Committee shall repeat the aforementioned proceeding to call a final adjourned General Meeting. Whatever the number of noting members present at the final adjourned General Meeting shall constitute a quorum. With the exception of such matters as changes in the name of the union, amalgamation or federation with other trade unions and any other matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the union, all resolutions of the final adjourned General Meeting shall be valid if they are made by a majority of voting members present at the meeting and such resolutions shall be binding on all members. In the notice calling the final adjourned General Meeting, the previsions of this rule shall be reproduced in full for the reference and guidance of all the members.

Rules 6. SECRET BALLOT AND ELECTIONS

(1) All elections or other matters for decision by secret ballot at the Annual or Extraordinary General Meeting of the union shall be held under the authority of the Executive Committee or under the authority of an Election Sub-Committee appointed specifically for the purpose by the Executive Committee.

(2) All decisions in respect of the following items shall be taken by secret ballot : –
(i) Election of the officers of the union and the Executive Committee Members
(ii) Change in the name of the union with any other trade union
(iii) Amalgamation of the union with any other trade union
(iv) Federation of the union with any other trade union or trade union federation.

(3) The secretary or other officers appointed for the purpose shall be responsible for issuing ballot forms. Ballot forms will issued only to those members qualified by the rules of the union to exercise their vote.

(4) All ballot forms must be filled in at the place provided. They must not be signed by the respective persons filling them in. They must be placed in the sealed ballot box provided for the purpose only by the respective persons filling in the ballot form. The Executive Committee or the Election Sub-Committee shall appoint members to supervise and safeguard the ballot box (or boxes).

(5) Two or more scrutineers shall be elected biennially at the Annual or Extraordinary General Meeting from voting members. The scrutineers will be responsible to the Executive Committee or the Election Sub-Committee for collecting ballot box (or boxes) and counting and checking the votes.

Rules 7. EXECUTIVE COMMITTEE

(1) The government of the union in the periods between Annual General Meetings and the conduct of its business shall be vested in the Executive Committee.

(2) The Executive Committee shall consist of 11 members who shall be elected thirdly by voting members by secret ballot at the Annual General Meeting. The elected committee members shall elect by secret ballot a Chairman, a Vice-Chairman, a Secretary, a Treasurer and an Administration Assistant within 30 days from the date of the Annual General Meeting. They shall serve for a term of three years, and shall be eligible for re-election except that no person shall be elected as the Chairman for more than 2 consecutive terms.

(3) The Executive Committee shall meet at least once a month. Not less than one half of the total number of the members of the Committee shall form a quorum. With the exception of those matters for which requisite votes are prescribed by the Trade Unions Ordinance or by the rules of the union, all decisions taken at the Executive Committee Meeting will be valid if passed by a majority of votes of all Executive Committee Members present constituting the requisite quorum.

(4) In the event of the death, resignation, or dismissal of any member of the Executive Committee during the terms of office or when, during such period, any member of the Executive Committee is unavoidably absent from Hong Kong and such absence is likely to be permanent or unduly prolonged, the candidate who secured the next highest number of votes in the ballot at the last election shall fill the vacancy shall be filled from among all the members of the Executive Committee by secret ballot.

(5) The Executive Committee shall pursue the objects of the union and shall protect its funds against extravagance or misappropriation. It shall give instructions as to the investment of the funds of the union subject to Rule 9(2).

(6) The Executive Committee shall give instructions to the Secretary and other officers for the conduct of the affairs of the union. It may employ clerks and such staff as it may consider necessary and may dismiss them for reasons deemed good and sufficient. It shall appoint sub-committees where necessary to carry out the special work of the union.

(7) The Executive Committee may suspend and dismiss any Executive Committee Member of the union for neglect of duty, dishonesty, incompetence, refusal to carry out the decisions of the Executive Committee, or for any other reason which it deems good and sufficient in the interest of the union. Any Executive Committee Member so suspended or dismissed shall have the right of appeal to the Annual or Extraordinary General Meeting.
(8) The Executive Committee may impose appropriate punishment on any member who is proved, to the satisfaction of the Committee, to have been guilty of conduct prejudicial to the interests of the union or may suspend or expel such member from the union. Any member so punished, suspended, or expelled shall have the right of appeal to the Annual or Extraordinary General Meeting.

(9) Subject to the overriding authority of the General Meeting all decisions of the Executive Committee shall be binding on all members of the union.

(10) Between Annual General Meetings, the Executive Committee shall interpret the rules, when necessary, and determine any point which the rules do not adequately cover.

(11) All officers and members of the Executive Committee must be fully paid up all subscriptions fees and contributions.

Rules 8. OFFICERS OF THE UNION

(1) The Chairman shall preside at all Annual and Extraordinary General Meetings and shall be responsible for the proper conduct of business of such meeting. He shall have a casting vote. He shall sign the minutes of each meeting after they are approved. with the assistance of the Secretary and the Treasurer, he shall superintend the general administration of the affairs of the union and shall endeavor to secure the observance of the union rules by all members. He shall in conjunction with the Secretary or the Treasurer countersign every instrument of the union to which the common seal of the union is affixed as provided under Rule 19(2).

(2) The Vice-Chairman shall carry out his duties as defined by the Executive Committee. In the absence of the Chairman on union business or for any other reason he shall deputize until such time as the Chairman returns or the Executive Committee shall carry out the provision of Rule 7(4).

(3) The Secretary shall conduct the business of the Union in accordance with the rules and shall carry out the instruction of the Annual or Extraordinary General Meeting and of the Executive Committee. He shall keep a register of all members and keep the common seal of the Union in safe custody. He shall attend meetings of the Union and shall record the minutes. He shall prepare the annual report of the Union for submission to the Annual General Meeting and any other reports necessary for the Extraordinary General Meetings. He shall, in conjunction with the Treasurer or the Administration Assistant in accordance with Rule 8(4)(A), sign cheques on behalf of the Union. He shall, in conjunction with the Chairman, countersign every instrument of the Union to which the common seal of the Union is affixed as provided under Rule 19(2).

(4) The Treasurer shall be responsible for the safety of all moneys and the safeguard of all investments belonging to the Union and shall keep full and accurate account of all transactions conducted in the name of the Union. He shall prepare a financial statement for each meeting of the Executive Committee and annual statement of accounts for audit and for presentation to the Annual General Meeting. He shall have the right to speak and to vote on all matters except financial matters. He shall in conjunction with the Chairman countersign every instrument of the Union to which the common seal of the Union is affixed as provided under Rule 19(2). He shall give to every member of the Union upon request an annual audited statement of the accounts of all the receipts and expenditure and of the assets and liabilities of the union free of charge. He shall, in conjunction with the Secretary or the Administration Assistant, sign cheques on behalf of the Union. He shall deposit in the bank appointed by the Executive Committee all sums over HK$1,000.00 retaining the reminder in a safe place.

• In the absence of either the Secretary or the Treasurer, the Administration Assistant shall act for him/her and jointly sign cheques or money orders on behalf of the Union with the other.

• In the absence of Secretary, the Administration Assistant shall act for him/her to attend meetings of the union and shall record the minutes.

(5) Any officer who attends special services on behalf of the union may be compensated for loss of hours of work of wages, as may be decided by the Executive Committee.

(6) Any officer whose duties involve financial responsibility shall provide such security as the Executive Committee may require.

Rules 9. USE OF FUNDS AND FINANCIAL YEAR

(1) The funds of the union may be used with the authority or the Executive Committee only for the following purpose : –

• The payment of salaries to clerks or staff of the union, allowances, and expenses of officers of the union incurred on official business.
• The payment of expenses for the administration of the union including audit of the accounts of the funds of the union.
• The prosecution of defence of any legal proceedings to which the union or any qualified member is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the union as such or any rights arising out of the relations of any member with the employer.
• The conduct of trade disputes on behalf of the union or any members.
• The compensation of members for loss arising out of trade disputes.
• The payment of donations or grants to registered trade unions or other lawful bodies in Hong Kong and subscriptions, fees, and contributions necessary for affiliation to any trade union federation or other lawful trade union organization in Hong Kong.
• The payment of fines imposed on the union for any offence of which it is convicted under the Trade Unions Ordinance or any other Ordinance;
• The payment of expenses incurred in the promotion of recreational, cultural, and social pursuits in the interest of members.
• The payment for any other lawful purposes approved at the General Meeting.

(2) The funds of the union which are not required for current expenses may, on the direction of the Executive Committee, be invested in Government or such other securities, or property as the Executive Committee may think fit, subject to the approval of members at the Annual General Meeting or Extraordinary General Meeting.

• The financial year of the union shall commence on the 1st day of February of each year and terminate on the 31st day of January of the following year.

Rules 10. ESTABLISHMENT OF WELFARE BENEFIT FUND

The Executive Committee shall have the power to establish and/or administer a Welfare Benefit Fund or to appoint a sub-committee to administer the Fund. The Fund shall be open to all members and shall give benefits to members and/or their families in the event of death, accident, sickness, disablement, distress, maternity or retirement in accordance with Rule 2(5) (i) (ii) (iii). (The rules of the Welfare Benefit Fund, if any, shall be made separately.)

Rules 11. LEVIES

(1) The Executive Committee may, if necessary impose a levy upon all members of the union and all members shall be required to pay such levy provided that if members object to payment of the levy, they shall have the right to refer the matter to the Annual General Meeting or an Extraordinary General Meeting called in accordance with Rule 5(4).

(2) If any member fails to pay a levy within 3 months of its imposition, the amount shall be treated as arrears of monthly subscription. (See Rule 3(8)).

Rules 12. AUDITORS

(1) One or more auditors, who must not be members of the Executive Committee, shall be appointed or elected thirdly at the Annual General Meeting, and shall serve a term of three years.

(2) In the event of an auditor vacating his office between two Annual General Meetings, the Executive Committee shall have power to appoint a suitable person to fill the vacancy. The appointment will be referred to the next General Meeting for covering approval.

(3) The auditor(s) shall audit all accounts of the union, general, welfare, and subsidiary accounts (if any) as soon after the close of each financial year as possible and at other times when necessary. All books and accounts of the union will be examined and certification as to their correctness or otherwise be given by the auditor(s) will be made to members at the Annual General Meeting.

Rules 13. AUDIT

Any qualified member or any authorized agent of the member will be allowed to inspect the account books, registered rules and the register of members of the union. Applications must be made in advance to the Secretary or Treasurer, who will be allowed reasonable time to make the necessary documents available.

Rules 14. TRADE DISPUTE

(1) In the event of any trade dispute arising, the members concerned shall make the same known to the Secretary of the Union, who shall immediately report the same to the Executive Committee, but in no case shall a cessation of work be threatened or take place without the sanction of the Executive Committee.

(2) Should any members of the union desire steps to be taken for an increase of salary or improving the conditions of employment, the Secretary of the union shall report the claim to the Executive Committee, who shall determine what action shall be taken.

Rules 15. LEGAL ASSISTANCE

Consistent with the provision of Rule 2(5)(v) the Executive Committee shall have power to provide legal advice and assistance to any qualified member on any matter connected with the prosecution or defence under taken for the purpose of securing or protecting any rights arising out the relations of the member with his employer, provided the Executive Committee is satisfied that the case in one on which it is advisable that legal advice or assistance shall be given and also provided that the necessity for legal assistance is not caused by any criminal act on the part of the member.

Rules 16. EDUCATION WORK

The union may undertaken the education of its members through meetings or classes and a monthly bulletin reporting the activities of the union. It may publish literacultural and take such other action as will promote industrial cultural and social knowledge.

Rules 17. RULE BOOK

(1) A copy of these registered rules shall be given to every person accepted into membership of the union.
(2) A copy of these registered rules shall be readily available at the union premises for perusal by any members.

Rules 18. DISSOLUTION

(1) The union shall not be dissolved, except with the consent of at least 5/6ths of the qualified voting members of the union obtained by means of a secret ballot.
(2) In the event of the union being dissolved, all debts and liabilities legally incurred on behalf of the union shall be fully discharged and the remaining funds divided amongst all qualified members in equal proportions.
(3) When the union is dissolved notice of such shall be sent by the Secretary to the Registrar of Trade Unions within 14 days after the dissolution.

Rules 19. COMMON SEAL AND CONTRACT

(1) The union shall have a common seal which shall be in the safe custody of the Secretary, and this common seal shall only be used by the authority of the Executive Committee in resolution.

(2) Contracts or instruments made by the Executive Committee on behalf of the union to which the common seal of the union shall be affixed shall be signed by an officer or a voting member appointed by the Committee for the purpose and countersigned by the Chairman together with the Treasurer or Secretary. (or by such member who for the time being and under the rules of the union, act as Chairman, Treasurer or Secretary.)

Rules 20. BORROWING AND MORTGAGING POWER

(1) The Union shall have power to borrow or raise money in such manner as the Union shall think fit for the purpose of enabling the Union to purchase or otherwise acquire premises for use as a Club-house Subject to the approval of the members at the Annual General Meeting or Extraordinary General Meeting.

(2) The Union shall further have power to mortgage or charge any of its assets and properties as security for any loan advanced by a lender for the purpose set out in rule 20(1) above Subject to the approval of the members at the Annual General Meeting or Extra-ordinary General Meeting.