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(19 June 2018)

THE HONG KONG HOCKEY ASSOCIATION – MEN’S SECTION

GENERAL BYE-LAWS

CONTENTS

1. Name
2. Objectives
3. Definitions
4. Membership
5. HKHAMS Committee
6. Liability and Indemnity
7. Powers of the HKHAMS Committee
8. Proceedings of HKHAMS Committee Meetings
9. Sub-Committees
10. General Meetings
11. Notice of General Meetings
12. Voting Rights
13. Minutes
14. Accounts
15. Misconduct and Breaches of Bye-laws
16. Appeals
17. Men’s National Squads
18. Participation in Overseas Events
19. Visiting Teams
20. Code of Conduct
21. Sponsorship
22. Alteration to the Bye-laws of the HKHAMS

1. Name

   1.1 The Section shall be called the Hong Kong Hockey Association – Men’s Section, hereinafter referred to as “HKHAMS”.

2. OBJECTIVES

   2.1 The objectives of the HKHAMS are:

   (a) To promote, foster and safeguard the best interests of hockey among men in Hong Kong;

   (b) To encourage and control the organization of hockey tournaments and competitions for men players in Hong Kong; and

   (c) To do all such other lawful acts and things as are incidental or conducive to the attainment of all or any of the above objectives.

3. DEFINITIONS

   3.1 The following words and expressions shall have the following meanings:

   Affiliated Club – A club, association or team that is affiliated to the HKHAMS

   Club Convenors – Convenors nominated by the affiliated clubs

   Club Officials – Presidents, chairmen, secretaries, hockey convenors of affiliated clubs. In addition, persons who hold these posts in a hockey
   section of a multi-sports club are also designated club officials

   Committee – The Hong Kong Hockey Association Men’s Section Committee

   Committee Member – An elected or co-opted member of the Committee holding the post of general committee member

   Disciplinary Committee – The Disciplinary Committee appointed by the Hong Kong Hockey Association

   HKHA League – The league and other competitions organized and run by the HKHAMS for men’s teams

   Team Officials – Include captain, team coach, manager, assistant manager, trainer or doctor/physiotherapist

   Umpires – Those nominated or designated to umpire matches held under the auspices of the HKHA

4. MEMBERSHIP

   4.1 Clubs actively involved in the playing of men’s hockey in Hong Kong may apply each year to become affiliated to the HKHAMS. The Committee has the sole discretion to accept or reject such application.          

   4.2 Each affiliated club shall pay an annual affiliation fee as determined by the HKHA Council. Affiliated clubs shall be permitted to vote at General Meetings of the HKHAMS, except as provided in Bye-law 12.          

   4.3 An annual administrative fee, as determined by the Committee, shall be levied to cover administrative expenses relating to the development of hockey both locally and overseas. Failure to make payment fourteen (14) days from the start of the HKHA league shall result in immediate suspension of that team from taking further part in the league until such time that the overdue amount has been settled in full.          

   4.4 Each affiliated Club, which proposes to enter men’s teams in one-day tournaments or any other events held under the auspices of the HKHAMS shall pay an entrance fee for the respective events as determined by the Committee.          

   4.5 The HKHAMS may from time to time raise fees or charges to meet administrative expenses of the HKHAMS, or to fund the HKHAMS and/or the HKHA Umpires Section to participate in/host any International/Regional tournaments to promote the game of hockey, as determined by the HKHA Council.          

   4.6 Affiliated Clubs are required to pay all such fees or charges by the due date set by the Committee. The HKHA Council may expel any affiliated Club from membership of the HKHA for breach of this Bye-law. Such expulsion shall not, however, be effective until it has been confirmed by the HKHA in a General Meeting.          

   4.7 New Clubs wishing to participate in the HKHA league, and any currently affiliated Club as may be required by the Committee, shall make a deposit. The deposit, which shall equal the current affiliation fee, is payable to the HKHAMS at the time entries are invited for the HKHA League, and is additional to the affiliation fee.          

   4.8 The deposit shall be held against any unpaid fees or fines due to the HKHAMS. The deposit, or balance, shall be returned to the Club after three seasons of participation in the HKHA League, or upon the withdrawal of the Club, whichever is the earlier. No interest shall be payable on the deposit.          

   4.9 The HKHAMS may require a Club to “top up” the deposit to maintain a value equal to the current affiliation fee.          

   4.10 Each Affiliated Club shall forward to the HKHAMS the name, address, and contact details of their Club Convenor and all official communication from the HKHAMS to the affiliated Club shall be through such person. An affiliated Club may change their Club Convenor by giving the HKHAMS seven (7) days’ notice in writing.

5. HKHAMS COMMITTEE

   5.1 The HKHAMS shall be governed by the Committee which shall be elected at the Annual General Meeting (AGM) and shall hold the office until the next AGM.          

   5.2 The Committee shall consists a Chairman, a Secretary, a Treasurer, four (4) Committee Members and an ex-officio representative of the HKHA Council. Other than the ex-officio representative, the seven (7) Committee Members shall be elected at the AGM. Only the seven (7) Committee Members elected at the AGM shall have voting rights.   

   5.3 No person shall be eligible for nomination as Chairman if they have not been a Committee Member in the preceding year.          

   5.4 No person shall be eligible for nomination to the Committee if he is currently serving in an elected position in the HKHA Council/Section (other than HKHAMS). A person who is desirous of being nominated to the Committee, and if elected, shall resign from his current position in the HKHA Council/Section (other than HKHAMS) within thirty (30) days of being elected to the Committee. If the person does not resign from other position within the specified period, he shall be deemed to have resigned from the Committee.          

   5.5 The seven (7) Committee Members, elected at the HKHAMS AGM, shall retire annually but may stand for re-election. The Committee’s consent is necessary for Committee Members to stand for re-election in the event they have attended less than sixty percent (60%) of the Committee meetings during their term of office.          

   5.6 The Committee shall have the power to fill any casual vacancy, which may occur among its Members, except that of Chairman, by appointing suitably qualified persons to the Committee.          

   5.7 Should the Chairman retire before his term of office expires, the Committee shall choose any one of their Members to act as Chairman until the next AGM.          

   5.8 No person may be elected to the Committee unless,

   (a) he is a member of an affiliated Club of the HKHAMS;

   (b) he is an individual, not being a member of an affiliated Club, who has made a contribution to hockey (other than of a monetary nature). The Committee shall determine the eligibility of such persons to stand for election to the Committee and their decision shall be final.          

   5.9 For the avoidance of doubt, persons can be nominated for election for more than one position on the Committee.

6. LIABILITY AND INDEMNITY

   6.1 Affiliated Clubs shall be held responsible for the conduct of their members whether or not those affiliated Club members are registered players with the HKHAMS of the HKHA.          

   6.2 The HKHA Council, the Committee and/or HKHA staff shall not be held responsible for any loss or injury to any member of an affiliated club, or any other person, arising out of any matters pertaining to hockey in Hong Kong.          

   6.3 Every Office Bearer and Committee Members shall be indemnified by the HKHAMS against all costs, losses and expenses which any
   officer/Committee Member may incur or become liable to in respect of any act or deed done by them as such officer/Committee Member in the discharge of their duties, on condition that such act or deed has received approval of the Committee and is otherwise within the powers granted pursuant to these Bye-laws.

7. POWERS OF HKHAMS COMMITTEE

   7.1 In accordance with the Memorandum & Articles of Association and the Rules of the Hong Kong Hockey Association, all issues concerning men’s hockey in Hong Kong are under the sole authority of the Committee.          

   7.2 The Committee shall have the power to act in any manner consistent with these Bye-laws including, but not limited to the making, amending and/or deleting any of the Competition Bye-laws. Revisions to the Competition Bye-laws can be made and implemented on a majority vote by the Committee; however the changes shall be submitted to, and be approved by, the HKHA Council before implementation. (See also Bye-law 22.3)          

   7.3 The appraisal of the Committee in interpreting the general wording of any Bye-law, or dealing with any matter not provided for in these Bye-laws, shall be decided by the HKHA Council as soon as practical.   

   7.4 The Committee may, at its sole discretion, have the power to impose additional penalties for breaches of any Bye-law, failure to comply with Convenors circulars or any other instruction as may be issued by the Committee from time to time.

8. PROCEEDINGS OF HKHAMS COMMITTEE MEETINGS

   8.1 The Committee shall meet for the dispatch of business, adjourn and otherwise regulate their meetings as they see fit. Questions arising at any Committee meeting shall be decided by a majority of votes. In the case of an equality of votes the Chairman of the meeting shall have a second or casting vote.          

   8.2 The Secretary of the HKHAMS shall call meetings at the Committee’s direction but at least once every two (2) months, and shall give all
   Committee Members at least seven (7) days’ notice for an ordinary meeting and at least forty eight (48) hours’ notice for a special meeting.          

   8.3 The Chairman shall preside at all meetings. In the absence of the Chairman, the Committee Members present shall choose any one of their number to be Chairman of the meeting.          

   8.4 The quorum necessary for the transaction of Committee business shall be four (4).          

   8.5 Among the business to be transacted by the Committee at its meetings shall be the:

   (a) receiving of reports on the up-to-date position of the HKHAMS;

   (b) consideration of the up-to-date financial position of the HKHAMS;

   (c) forwarding of up-to-date reports of the HKHAMS to the HKHA Council;

   (d) creation of, and appointment to, any Sub-Committee considered necessary to investigate and report on any matter relevant to the business of HKHAMS;

   (e) consideration of and necessary follow-up action on reports submitted by HKHAMS appointed Sub-Committees;

   (f) preparation and approval of the Annual Report and accounts for the HKHAMS AGM; and

   (g) consideration of any other business necessary to achieve the objectives of the HKHAMS.   

   8.6 Committee Members can discuss, but cannot vote on matters with clear
   conflict of interest, for example in matters pertaining specifically to their
   own club.

9. SUB-COMMITTEES

   9.1 The Committee may delegate any of their powers for a particular purpose to a Sub-Committee. A Member of the Committee shall be appointed Chairman of any such Sub-Committee.          

   9.2 The Sub-Committee shall meet and adjourn, as it thinks proper. Questions arising at any Sub-Committee meeting shall be determined by a majority of votes of the members present and in case of an equality of votes the Chairman of the meeting shall have a second or casting vote.          

   9.3 All Sub-Committees shall report regularly to the Committee and shall obtain the prior approval of the Committee to commit the HKHAMS to do any act or to incur any expenditure.

10. GENERAL MEETINGS

    10.1 The HKHAMS shall in each year hold an Annual General Meeting (AGM), which shall be held in Hong Kong no later than 30th June each year for the purpose of:

    (a) confirming the minutes of the last AGM and any other General Meetings held in the intervening period;

    (b) considering matters arising from it;

    (c) receiving and considering the Annual Report for the past year;

    (d) receiving and considering the financial report for the period ending 31st March of the current year;

    (e) electing Committee Members for the ensuing year in accordance with these Bye- laws; and

    (f) considering any other business of which due notice has been given in accordance with these Bye-laws.          

    10.2 All General Meetings other than AGM shall be called Extraordinary General Meetings (EGM)   

    10.3 The Committee may decide to convene an EGM whenever necessary. In addition, an EGM shall be convened upon a request to that effect to the Secretary of the HKHAMS. This request shall be signed by representatives of at least one-third of the affiliated clubs acting under the instructions of such affiliated clubs. The Secretary of the HKHAMS shall convene the EGM within twenty eight (28) days of the request for an EGM of which fourteen (14) days’ notice shall be given to all those persons listed at Bye-law 11.1.          

    10.4 The Secretary shall dispatch the agenda, together with copies of any documentation relevant to the item(s) to be considered at the EGM, to all those persons listed at Bye-law 11.1, as soon as practicable before the EGM.          

    10.5 The Chairman shall preside at every General Meeting, or if he is not present within fifteen (15) minutes after the time appointed for the holding of the meeting, or is unwilling to act, or is absent from Hong Kong, or has given notice of his intention not to attend the meeting, the Committee Members shall elect one of their number to be Chairman of the meeting.          

    10.6 The Chairman of any General Meeting may, with the consent of that meeting at which a quorum is present (and shall if so directed by the
    meeting) adjourn the General Meeting from time to time and from place to place, but no business shall be transacted at any adjourned General Meeting other than the business left unfinished at the General Meeting from which the adjournment took place. When a General Meeting is adjourned for thirty (30) days or more, notice of the adjourned General Meeting shall be given as in the case of the original General Meeting. Save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned General Meeting.          

    10.7 Every proposal at an AGM or EGM shall be seconded and decided by a majority of those present and entitled to vote and voting, except when Bye-law 10.10 applies.

    10.8 At any General Meeting a resolution (except election which will be decided by paper ballot) put to the vote of the meeting shall be decided on a show of hands unless a paper ballot is (before or on the declaration of the result of the show of hands) demanded by:

    (a) the Chairman of the meeting; or

    (b) at least two (2) voting representatives present in person.          

    10.9 If a paper ballot is duly demanded it shall be taken in such manner as the Chairman of the meeting directs. In a paper ballot each affiliated Club shall be entitled to one (1) vote, which shall be cast by the authorized representative permitted to vote at such meetings, providing such authorized representative personally signed the attendance register before the commencement of that General Meeting.          

    10.10 In the case of an equality of votes, whether on a show of hands or on a paper ballot (but subject to Byelaw 10.11 below), the Chairman of the meeting at which the show of hands takes place or at which a paper ballot is demanded shall be entitled to a second or casting vote.          

    10.11 In the case of an equality of votes regarding the election of any position on the Committee, there shall be one additional round of voting. If there is still an equality of votes, the chairman of the meeting (or such other person designated by a majority vote of the representatives of the affiliated clubs, if the chairman himself is contesting the election in question), shall be entitled to a second or casting vote.          

    10.12 If within half an hour from the appointed time for a General Meeting a quorum is not formed, such General Meeting shall be adjourned to the same day in the following week at the same time and place.

11. NOTICE OF GENERAL MEETINGS

    11.1 The Secretary shall give at least fourteen (14) days’ written notice of any General Meeting. The notice shall be exclusive of the date on which it is served and shall specify the date, place and time of the forthcoming General Meeting. Such notice shall be sent to:

    (a) the Honorary Secretary General of the HKHA;

    (b) the Secretary of each HKHA Section;

    (c) each HKHAMS Committee Member; and

    (d) the Convener of each Club affiliated to the HKHAMS.          

    11.2 The accidental omission to give notice of a meeting to any person entitled to receive such notice shall not invalidate the proceedings at that meeting.          

    11.3 Nominations for the seven (7) Committee Members to be elected at the AGM shall be forwarded to the Secretary, in writing, at least seven (7) days before the AGM. To be valid, such nominations shall be proposed and seconded by affiliated Clubs’ officials and be agreed to by the nominee. The Proposer and Seconder of the nomination shall not be from the same club. Late nominations or nominations not in the required format shall not be considered. Only if there are insufficient nominations for Committee Members, shall nominations duly proposed and seconded from the floor at the AGM be accepted. Where there are more nominations than vacancies for the position, an election shall be conducted by paper ballot.          

    11.4 A Convenor of a Club affiliated to the HKHAMS may submit to the Secretary of the HKHAMS notice of any other business to be considered at the AGM. Such notice shall be in writing and shall be received by the Secretary of the HKHAMS at least seven (7) days before the date of the AGM. Such business will then be included on the agenda for that AGM.          

    11.5 The Secretary shall dispatch the agenda, together with a copy of the financial reports and the list of nominations, to all those persons listed in Bye-law 11.1, as soon as practicable before the AGM.

12. VOTING RIGHTS

    12.1 Clubs, which have been accepted as an affiliated member of the HKHAMS shall only be entitled to vote at General Meetings after two (2) years following their participation in the HKHA League.          

    12.2 Each affiliated Club shall be entitled to send to any General Meeting one (1) representative with the power to vote. (See also Bye-law 4.2).   

    12.3 Ten (10) representatives of affiliated Clubs entitled to vote at a General Meeting shall form a quorum at such General Meetings.          

    12.4 The Convenors of each affiliated Club shall notify the Secretary of the HKHAMS in writing at least seven (7) days before the date of General Meetings the names of their authorized representatives.          

    12.5 Each affiliated Club may submit up to three (3) names as authorized representatives, but only one (1) of the authorized representatives shall be permitted to vote. The authorized representative permitted to vote at such meetings shall personally sign the attendance register before the commencement of that General Meeting.          

    12.6 An authorized representative cannot represent more than one club and cannot exercise voting rights for more than one club that requires ballots to be cast.          

    12.7 The following regulations, regarding outstanding fees or debts due to the HKHAMS, shall apply to all General Meetings:

    (a) the Treasurer of the HKHAMS shall notify affiliated Clubs in writing, at least fourteen (14) days before the date of the General Meeting, details of any outstanding fees due from them;

    (b) each affiliated Club shall settle all outstanding amounts at least seven (7) days before the date of the General Meeting. Payment by bank cheque is acceptable; however, it is the responsibility of the affiliated Club to ensure that the bank honours the cheque. Where a cheque is subsequently dishonoured, the HKHAMS Committee shall have the power to take disciplinary action against the Club as deemed necessary;

    (c) the entitlement to vote at General Meetings may be withdrawn from a Club if it has not settled all outstanding fees and debts at least seven (7) days before the date of the General Meeting.

13. MINUTES

    13.1 The Secretary, or his nominee or any individual appointed by the Committee in his place, shall take minutes covering resolutions and
    proceedings of all meetings of the HKHAMS Committee and all General Meetings.   

    13.2 These minutes shall be considered at the following appropriate meeting of that same Committee and, if approved, shall be signed by the Chairman of such next meeting. The Chairman of the meeting’s signature shall be conclusive evidence of the correctness of the minutes.          

    13.3 Copies of these minutes shall be forwarded to:

    (a) the Honorary Secretary General of the HKHA; and

    (b) each HKHAMS Committee Member.

14. ACCOUNTS

    14.1 The Treasurer shall keep the books of accounts. All receipts shall be deposited into a bank account in the name of the HKHAMS and all cheques drawn thereon shall be signed jointly by any two of the Treasurer, the Secretary, the Chairman or a Committee Member. The Treasurer will be given notice of all HKHAMS financial transactions.          

    14.2 The Treasurer shall present the financial report for the period ending 31st March of the current year for consideration at the AGM in June each year.

15. MISCONDUCT AND BREACHES OF BYE-LAWS
    In cases of breaches of conduct on the field of play, the following shall apply: 

    15.1 In matters pertaining to hockey, if it has been proved to the satisfaction of the Committee that club officials, team officials, players, or any individual is guilty of any breach of any of the Bye-laws of the HKHAMS, including the Competition Bye-laws, the HKHAMS Committee shall have the power to:

    (a) rescind or suspend the membership of the HKHAMS of the offending Club, either permanently or for a stipulated period;

    (b) prohibit the player, official or individual from participating in any activities organised under the auspices of the HKHAMS or the HKHA either permanently or for a stipulated period;

    (c) refer the offending Club, player, official or individual to the HKHA Disciplinary Committee;

    (d) deal with the offence in any lesser manner that the HKHAMS Committee may think fit.          

    15.2 Any affiliated Club, or player with knowledge of such event, playing with knowledge of such event, playing with or against the offending Club, or player after such removal, or during such time of suspension, shall also be dealt with in such a manner as the Committee may think fit.          

    15.3 No affiliated Club, player, official or individual so suspended or removed from the HKHAMS shall be eligible for membership of any other Section of the HKHA unless granted special permission to join by the HKHA Council.          

    15.4 The HKHAMS will recognize suspensions of a player by his own Club within a playing season. If a player desires to change Clubs during the playing season for whatever reasons, he can apply to do so following the procedures laid down in the Bye-laws of the HKHAMS. On the other hand, a player who is serving a suspension, imposed by the Disciplinary Committee or the HKHAMS, which straddles to a new playing season, shall be required to serve out the suspension before he is permitted to play for the new club.          

    15.5 An affiliated Club may be held responsible for the conduct of any of their players, officials or members, participating in as a spectator at any hockey match or event in Hong Kong, or overseas, in which a team from Hong Kong is a participant, and may be dealt with in accordance with the provisions specified in this Bye-law.          

    15.6 Whilst it is acknowledged that affiliated Clubs have every right to take disciplinary action against any of their players, officials or members
    without prior reference to the HKHAMS, the aggrieved player, official or member shall have the right to appeal to the HKHAMS Committee in the event that he is contemplating a transfer to another Club but is prevented from doing so by his current Club.          

    15.7 No expulsion of a club from membership of the HKHA will be effective until it has been confirmed by the HKHA in a General Meeting.

16. APPEALS

    16.1 Any affiliated Club, player, official or individual aggrieved by any action taken under Bye-law 15 may appeal to the HKHA by giving notice in writing to the Honorary Secretary General of the HKHA within fourteen (14) days of receipt of notification of the action. Such notice must be accompanied by the appropriate administrative fee, the amount of which shall be prescribed by the HKHA Council.          

    16.2 The HKHA Council shall hear and decide any appeal that may be lodged under these Bye-laws.          

    16.3 Pending a decision on the appeal, any penalty imposed by the HKHAMS Committee shall continue to be observed.          

    16.4 The HKHA Council shall have the power to vary, rescind or confirm the HKHAMS Committee’s decision. The administrative fee levy shall be returned in full in the case of a successful appeal.

17. MEN’S NATIONAL SQUADS

    17.1 The HKHAMS is the executive arm of the HKHA Council on all national squad matters including selection, appointment and financial support. The Council is responsible for appointment of selection committee members, team managers, coaches, other supporting personnel, etc based on nominations and recommendations from the HKHAMS.          

    17.2 The job specifications for these positions will be agreed between the Council and the HKHAMS.

18. PARTICIPATION IN OVERSEAS EVENTS

    18.1 Affiliated Clubs wishing to participate in hockey tournaments or events overseas or to undertake hockey tours outside Hong Kong shall seek and obtain the prior endorsement of the Committee by submitting a request for such endorsement in writing to the Secretary of the Committee not less than one (1) month before the date of departure of the team or the main contingent of the team.   

    18.2 Upon returning to Hong Kong, the Affiliated Club must inform the Secretary not later than two (2) weeks from the date of return, the results of the matches played and any disciplinary matters that may have arisen whilst overseas.          

    18.3 A penalty may be levied by the Committee for any contravention of this Bye-law.

19. VISITING TEAMS

    19.1 Affiliated Clubs are required to obtain the prior endorsement of the Committee before hosting visits to Hong Kong by overseas teams by submitting a request in writing to the Secretary not less than one (1) month before the date of commencement of the visit.          

    19.2 An Affiliated Club hosting the visit of an overseas team shall inform the Secretary of the result(s) of the match(es) played and any disciplinary matters that may have risen during the visit.          

    19.3 A penalty may be levied by the Committee for any contravention of this Bye-law.

20. CODE OF CONDUCT

    20.1 All affiliated Clubs are required to comply at all times with the Code of Conduct of the HKHA and are required not to commit any act that brings, or may bring, the game of hockey into disrepute.

21. SPONSORSHIP

    21.1 The HKHAMS Committee shall, each year after the Annual General Meeting, nominate one of their Committee Members to represent the section on the HKHA Council’s Sponsorship Committee.          

    21.2 All offers of sponsorship of any kind, whether in money, uniform or equipment, etc made to the HKHAMS shall be referred by the section to the Council’s Sponsorship Committee for consideration and advice. The decision to accept or reject the offer of sponsorship shall be made by the Council taking into account the advice of the Sponsorship Committee.

22. ALTERATION TO THE BYE-LAWS OF THE HKHAMS

    22.1 The foregoing shall be the General Bye-laws of the HKHAMS and no new Bye-law shall be made nor any existing Bye-law amended or rescinded except by resolution of a General Meeting of the HKHAMS, passed by a two-thirds (2/3) majority of those present and entitled to vote and voting.          

    22.2 Notice of any alteration to these Bye-laws intended to be proposed at any General Meeting (Annual or Extraordinary) shall be given in writing to the Secretary at least fourteen (14) days before any such meeting and shall be included in the notice convening such meeting in accordance with these Bye-laws.          

    22.3 The Competition Bye-laws, and any amendment, shall be submitted to and approved by the HKHA Council before implementation. (See also Bye-law 3 of the Competition Bye-laws)          

    22.4 The Secretary shall furnish the Convenor of each affiliated Club with a copy of the General Bye-laws and the Competition Bye-laws of the HKHA within twenty one (21) days of any changes.