The Memorandum 

MEMORANDUM OF HONG KONG INSTITUTE OF ENVIRONMENTAL IMPACT ASSESSMENT
(Approved on AGM - 18 May 2011)


  1. The name shall be "Hong Kong Institute of Environmental Impact Assessment (HKIEIA). (hereafter referred to as "the Institute")


    ADDRESS

  2. The registered address shall be: "c/o AECOM Asia Company Limited, 11/F, Grand Central Plaza, Tower 2, 138 Shatin Rural Committee Road, Shatin, Hong Kong."


    OBJECTS

  3. The objects of the Institute are:-

    • To promote the advancement of the knowledge and management of environmental impact assessment (EIA);

    • To facilitate the exchange of ideas, knowledge and information on EIA process by means of meetings and publication;

    • To promote, foster and assist EIA professionals in the study and application of knowledge and information concerning the EIA process;

    • To encourage or sponsor training of EIA professionals;

    • To maintain the integrity and status of the profession and to represent it both to the public and to the Government, and,

    • To provide links between industry and Government bodies and other organisations to ensure the management of EIA is dynamic and relevant to both industry and the community.


    MANAGEMENT

  4. The business of the Institute shall be carried out under the management of a Committee of elected officials.


    COMMITTEE

  5. The Committee shall be responsible for:-

    • Proposing membership eligibility criteria for the Annual General Meeting's endorsement;

    • Vetting membership applications and admitting new members to the Institute;

    • Issuing General Rules of Conduct for Members and Fellows, and Guidelines and a Code of Ethics for AMPs;

    • Hearing appeals related to decisions of the Disciplinary Panel or the Accreditation Panel;

    • Organizing all activities relevant to the objects of the Institute;

    • Promoting professional and scientific exchange; and

    • Carrying out generally activities for the purpose of managing the business of the Institute.

  6. The Committee shall comprise:-

    • A chairman, elected by simple majority at an Annual General Meeting;

    • Five to ten ordinary members, elected by simple majority at a General Meeting; and

    • Up to four co-opted members.

  7. The Chairman shall be a corporate member of the Institute who, except for the inaugural Chairman, has, prior to election, served at least one year in the Committee. He shall be elected in a General Meeting and shall hold office for a term of two years, but shall not be barred from further re-election either as Chairman or as Committee member. The Chairman shall, however, not hold office as Chairman continuously for more than two terms. The Committee shall elect for the current term among their members:-

    • An Honorary Secretary; and,

    • An Honorary Treasurer.

  8. The ordinary members of the Committee shall also be corporate members of the Institute and shall be elected by the corporate members of the Institute at a General Meeting. They may normally hold office for a period of three years. Retiring or retired Committee members are eligible to be re-elected.

  9. The Committee shall have the power to fill up to two casual vacancies on the Committee by designating any co-opt members into those positions. Such members shall serve till the next election. Co-opted members shall have full voting rights.

  10. The Committee shall prepare an Annual Report which subject to statutory requirements at the time, shall be the standing item on the agenda of the Annual General Meeting.

    GENERAL MEETINGS

    • The Institute shall hold in each year a general meeting as its Annual General Meeting in addition to any other meeting in that year, and shall specify the meeting as such in the notice calling it; not more than fifteen months shall elapse between the date of one Annual General Meeting and that of the next;

    • Notification of an Annual General Meeting shall be given to all corporate members not less than 14 days prior to the meeting in writing by electronic means in the form of an electronic mail or a notice posted on the official website of the Institute (http://www.hkieia.org.hk);

    • At a General Meeting, members shall have one vote each; voting shall be restricted to corporate members only; and,

    • At least 1/5 of the corporate members shall be present at the General Meeting to constitute a quorum.

    • Where a quorum cannot be formed, the Committee shall be writing within 7 days, inform all corporate members and call for another General Meeting to be held within the next 14 days. The number of corporate members who will be present in this General Meeting so called for, shall be deemed as the quorum.

    • Proceeding of all General Meetings shall be sent to all members of the Institute.

    EXTRAORDINARY GENERAL MEETINGS

  11. If necessary, an Extraordinary General Meeting may be held upon the request of over half of all the Committee members or one quarter of all the corporate members of the Institute who shall raise such a request in written form, bearing their signatures, to the Chairman. Upon the receipt, the Chairman shall cause the meeting to be held within 15 days. However, discussions held and resolutions passed at the meeting shall be confined to only those points listed in the request. Members should be notified seven days in writing by post prior to the meeting.


    CORPORATE MEMBERS

  12. Every candidate for election or renewal to the class of Fellow shall, in the opinion of the Committee, have made a significant contribution to EIA Management, either locally or abroad, have continued his professional practice and development in the field of EIA, and have demonstrated satisfactory performance in such other relevant aspects, as shall make it desirable that he be a Fellow of the Institute; and,

    • Have had post qualification experience of at least fourteen years, at least six years of which were in a position of significant responsible charge, in professional work which demands a knowledge of the EIA process as shall satisfy the Committee; and

    • Have the necessary qualifications for Corporate Membership of the Institute.

    Members

  13. Every candidate for election or renewal to the class of Member shall, in the opinion of the Committee, have continued his professional practice and development in the field of EIA, and have demonstrated satisfactory performance in such other relevant aspects, as shall make it desirable that he be a Member of the Institute; and either

      • have obtained a degree in the field of environmental protection or in a discipline relevant to the EIA process in a manner satisfactory to the Committee; and

      • have had post qualification experience of at least six years, at least two years of which was in a position of responsible charge, in professional work which demands a knowledge of the EIA process as shall satisfy the Committee, (relevant higher degrees may be counted towards the Six years requirement);
      or
      • have satisfied the Committee that he possesses an equivalent knowledge of EIA and cognate subjects considered appropriate by the Committee;

      • have had experience for not less than ten years, at least two years of which was in a position of responsible charge, in professional work which demands a knowledge of the EIA process as shall satisfy the Committee; and

      • have been an Associate Member for not less than three years.

      Founder Members and Fellows

  14. Founder member and fellows must meet the respective eligibility criteria stipulated above for corporate members and fellows.


    NON-CORPORATE MEMBERS

    Associate Members

  15. Every candidate for election or renewal to the class of Associate Member of the Institute shall, in the opinion of the Committee, be practising in the field of EIA, have the intention to proceed to Member status, and shall have received a general education approved by the Committee and either:- 

    • Have obtained a degree in the field of environmental protection or in a discipline relevant to the EIA process in a manner satisfactory to the Committee; or

    • Have been educated in a discipline related to EIA and have supplemented his academic qualifications with a period, of length that shall depend on individual circumstances, spent applying their academic qualifications to the EIA studies.

    Affiliate Members

    16A.    Every candidate for election or renewal to the class of Affiliate Member of the Institute shall be professionals from other disciplines and generally meet the board training and experience requirements for Members.

    Honorary Advisors

    16B.    Every candidate for election or renewal to the class of Honorary Advisors of the Institute shall be invited by the Committee, and shall normally hold a term of 2 years.

    Honorary Members

    16C.    An Honorary Member is a distinguished person whom the Committee desires to honour from time to time by reason of exceptional services to the Institute or outstanding contributions to the objects of the Institute.

    Students

  16. Every candidate for election to the class of student shall normally have attained the age of sixteen years, and, at the time of application, be a bona-fide student in Environmental Protection or in a related subject of which EIA forms an integral part, or under such conditions as shall satisfy the Committee for the purpose of this clause.


    PROCEDURE FOR ELECTION

    General

  17. Every application for election or transfer to any class of membership of the Institute shall be in a form prescribed by the Committee. Every member who is elected shall be informed of his/her election by the Secretary who shall also send a copy of the Memorandum of Institute, and any other document by which his/her membership is governed. No election or transfer shall become effective until all fees prescribed by the Committee for the purpose of such election or transfer have been paid. Election or transfer to Corporate membership shall be decided by the Committee at a meeting of the Committee. No record shall be made in the Minutes of the Meeting of the Committee of the names of candidates not elected. The Committee shall not be required to give its reason or reasons for refusing to elect a candidate. The Committee may re-admit to Corporate Membership in the class to which he/she formerly belonged any person whose Corporate Membership has terminated, provided the Committee is satisfied that he/she is worthy of such re-admission and such amounts have been pond in respect of entrance fees or arrears of fees and subscriptions as the Committee may determine.

    Fellows

  18. A candidate applying for election or transfer to the class of Fellow of the Institute shall be supported by three Fellows of the Institute who personally know the candidate.

    Members

  19. A candidate applying for election or transfer to the class of Member of the Institute shall be supported by three corporate members of the Institute who personally know the candidate.

    Founder Fellows and Members

  20. Founder Fellow and Members shall be recognized in the inaugural General meeting of the Institute. All candidates shall complete an attestation form indicating compliance with the relevant requirements.

    Associate Members and Associates

  21. A candidate applying for election to the class of Associate Member or Associate of the Institute shall be supported by one Corporate Member who personally knows the candidate.

    Students

  22. A candidate for election to the class of Student shall be proposed by one Corporate Member who personally knows the candidate.


    ELECTION TO MEMBERSHIP IN EXCEPTIONAL CIRCUMSTANCES

  23. The Committee may, in exceptional circumstances of qualifications, experience or achievement in EIA management, propose to elect any candidate to any class of Membership it considers appropriate. Election under this clause shall need to be ratified in a General Meeting of the Institute.


    TERMINATION OF MEMBERSHIP

  24. The Committee may at any time, without giving any reason therefor, refuse to admit to or terminate the membership of any person whom it considers unsuitable to become or to remain a member of the Institute, PROVIDED that no person shall be so removed from membership unless notice of the motion for such removal is given to Committee members at least ten days before Committee meeting at which such motion is put to the vote, and such motion is passed by a majority of not less than three-fourths of the Committee members present and voting.


    RENEWAL AND SUBSCRIPTION OF MEMBERSHIP

  25. All members shall apply for renewal of membership and shall pay an annual subscription as decided by the Committee payable in advance on the first day of May each year.

  26. If any members should fail to pay his annual subscription of other sums which may be due from him to the Institute for a period of three months after the same has become due notice shall be sent to him calling his attention thereto and if he does not pay the account within one month following he shall cease to be a member of the Institute. But if any time he shall give to the Committee a satisfactory explanation he may at the discretion of the Committee and upon payment of arrears be readmitted into membership.

  27. These articles may be altered or added to at any General Meeting of the Institute provided that:- 

    • Members have been notified of the proposed amendment(s) at least 14 days in writing prior to the meeting;

    • The amendment(s) shall be approved by at least two-thirds of the quorum; and

    • Approval from the Registrar of Societies has been or will be obtained.

    FINANCE

  28. The Institute can raise funds through:-

    • Membership fees;

    • Mailing list subscriptions;

    • Activities

    • Sponsorship from interested parties; and,

    • Any investment vehicles as permitted by law and considered appropriate by the Committee.

    USE OF FUNDS

  29. The income and property of the Institute, whencesoever derived, shall be applied solely towards the promotion of the objects of the Institute as set forth herein; and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus, or otherwise howsoever by way of profit, to the members of the Institute.


    ACCOUNTS

  30. The council shall cause true accounts to be kept:

    • of the sums of money received and expended by the Institute and the matters in respects of which such receipt and expenditure take place;

    • of the assets and liabilities of the Institute; and

    • of all other matters necessary for showing the true state and conditions of the Institute.

  31. The books of account shall be kept by the Honorary Treasurer at the registered office of the Institute or at such other place or places as the Committee think fit, and shall always be open to the inspection of the members of the committee.

  32. The Committee shall from time to time determine to what extent, and at what times and places, and under what conditions or regulations, the accounts and books of the Institute or any of them, shall be open to the inspection of members; and no members save and except members of the Committee shall have any right of inspecting any account or book of the Institute except as conferred by the Ordinance or authorised by the Committee or by a resolution of the Association in general meeting.


    AUDIT

  33. Auditors or Honorary auditors shall be appointed upon the recommendation of the outgoing Committee.


    DEBTS AND LIABILITIES

  34. In the events of the Institute being unable to pay its debts and liabilities, the sole responsibility for the payment thereof shall be borne in equal shares by the members of the Institute in office during the year in which such debts and liabilities were incurred.

  35. If upon the dissolution of the Institute there remains, after the satisfaction of all 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 institutions, having objects similar to the objects of the Institute, and which shall prohibit the distribution of its or their income and property amongst its or their members, such institution or institutions to be determined by the members of the Institute at or before the time of dissolution and in default thereof by a Judge of the Supreme Court of Hong Kong having jurisdiction in regard to charitable funds, and if and so far as effect cannot be given to the aforesaid provision then to some charitable object.


    DISCIPLINARY PANEL

  36. The Committee shall set up a Disciplinary Panel, which will deal with any disciplinary matters referred to it by the Committee in accordance with the General Rules of Conduct for Members and Fellows, together with the Guidelines and the Code of Ethics for AMPs, as appropriate. Panel members shall be appointed by the Committee on 2 year terms and should normally be Fellows of the Institute. Decision by the Panel may be appealed to the Committee.


    ACCREDITED MONITORING PROFESSIONALS

  37. The Committee shall set up an Accreditation Panel to consider applications and renewals from Corporate members of the Institute for being listed as Accredited Monitoring Professionals, based on prevailing criteria stipulated by the Committee. The Panel shall consist of 5 members serving on 2 year terms. At least one of the Panel members shall be nominated by a separate professional body recognized by the Committee. The other members shall be accredited professionals themselves except those on the first panel, who will be automatically accredited upon appointment by the Committee. Accredited members are entitled to use the abbreviation AMP. Decisions by the Panel may be appealed to the Committee.


    MANDATORY CONTINUING PROFESSIONAL DEVELOPMENT (CPD) PROGRAMME FOR CORPORATE MEMBERS

  38. Upon renewal members shall submit a return on the Continuing Professional Development (CPD) undertaken in the preceding year as required by the Committee.