Federation Of Hong Kong Industries Ordinance


Published: 1997-06-30

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Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 1

Chapter: 321 FEDERATION OF HONG KONG INDUSTRIES
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the establishment, regulation and management of a federation to be known as the Federation of Hong
Kong Industries, and for matters connected with the purposes aforesaid.


[30 June 1960]


(Originally 26 of 1960)

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Federation of Hong Kong Industries Ordinance.

Section: 2 Interpretation L.N. 163 of 2013 03/03/2014


In this Ordinance, unless the context otherwise requires-
"corporation" (法團) means any company within the meaning of the Companies Ordinance (Cap 622) and any body

incorporated under any enactment; (Amended 28 of 2012 ss. 912 & 920)
"Federation" (工總) means the Federation of Hong Kong Industries established by section 3;
"general committee" (理事會) means the general committee established by section 34;
"member" (會員) means any member of the Federation;
"register" (登記冊) means the register of members kept pursuant to the provisions of section 13;
"representative" (代表) means the representative of any member appointed in accordance with the provisions of

section 49;
"scheduled group" (列明組別) means any group specified in the First Schedule;
"secretary" (秘書) means the secretary of the Federation.

(Amended 79 of 1994 s. 2)

Part: II ESTABLISHMENT AND INCORPORATION OF

FEDERATION
30/06/1997





Section: 3 Establishment of Federation 30/06/1997


(1) There is hereby established a federation which shall be known as the Federation of Hong Kong Industries.
(2) The Federation shall consist of such persons as are admitted to membership thereof in accordance with the

provisions of this Ordinance.

Section: 4 Incorporation of Federation 30/06/1997


The Federation shall be a body corporate and, in the name of the Federation of Hong Kong Industries, shall have
perpetual succession and may sue and be sued.

Section: 5 Objects of Federation 30/06/1997


The objects of the Federation shall be-



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 2

(a) to represent and serve the interests of Hong Kong's manufacturing industries and to provide a united
voice for those manufacturing industries both in Hong Kong and elsewhere;

(b) to foster the improvement and development of Hong Kong's manufacturing industries and to
encourage efficiency, innovation, quality consciousness and technological advance among them; and

(c) to advise the Government on any matter that affects Hong Kong's manufacturing industries.
(Replaced 79 of 1994 s. 3)


Section: 6 Powers of Federation L.N. 31 of 2003 04/04/2003


Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3


The Federation 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) invest any surplus funds in such securities, or otherwise in such manner, as it may think fit, and realize

the same at such times as it may consider necessary;
(d) borrow or otherwise raise money on such security as may be necessary, and, for that purpose, charge

all or any part of the property of the Federation;
(e) issue certificates in respect of any article manufactured, processed or produced in Hong Kong or

elsewhere that has been or is to be exported or re-exported from Hong Kong; (Amended 44 of 1991 s.
56; 79 of 1994 s. 4; 65 of 2000 s. 3)

(ea) operate certification and marking schemes, and apply for certification trade marks under the Trade
Marks Ordinance (Cap 559), for any article manufactured, processed or produced in Hong Kong or
elsewhere that has been or is to be exported or re-exported from Hong Kong; (Added 64 of 1978 s. 2.
Amended 44 of 1991 s. 56; 79 of 1994 s. 4; 35 of 2000 s. 98; 65 of 2000 s. 3)

(f) promote, control, become a member of, act as agent for, manage, superintend or otherwise assist any
association or institution which has, either wholly or in part, objects which are the same as or similar to
those of the Federation;

(g) found scholarships and exhibitions and support such establishments and institutions as may further the
objects of the Federation;

(h) act as trustees of such trusts as may further such objects or as may be otherwise considered desirable,
either gratuitously or otherwise; and

(i) do all such things as are calculated to facilitate, or as are incidental or conducive to, the better carrying
out of the objects of the Federation.


Section: 7 Seal of the Federation and authentication thereof, and

instruments executed thereunder
30/06/1997



(1) The Federation shall have and may use a common seal, and the affixing of the seal shall be authenticated
by the signatures of-

(a) the chairman or a deputy chairman of the Federation; and (Amended 79 of 1994 s. 5)
(b) a member of the general committee authorized for that purpose by it, either generally or specially.

(2) Any instrument purporting to be an instrument duly executed under the seal of the Federation shall be
received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed.

Section: 8 Certain contracts and instruments not required to be

under seal
30/06/1997



Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not
be required to be under seal may be entered into or executed on behalf of the Federation by any person generally or
specially authorized by the general committee for that purpose.




Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 3

Section: 9 Management of business of Federation vested in general
committee

30/06/1997



Subject to any provisions of this Ordinance which require any matter to be decided by the Federation in general
meeting, the business of the Federation shall be managed entirely by the general committee, which may for that
purpose exercise all the powers of the Federation.

Part: III PROVISIONS AS TO MEMBERSHIP OF FEDERATION 30/06/1997




Section: 10 Qualification for full membership 30/06/1997


A person carrying on business in Hong Kong-
(a) whose business is registered under section 6 of the Business Registration Ordinance (Cap 310); and
(b) the nature of whose business comes within the description of a group specified in the First Schedule,

may apply for admission to the Federation as a full member of it.
(Replaced 79 of 1994 s. 6)


Section: 10A Qualification for subscriber membership 30/06/1997


A person who qualifies for full membership may, instead of applying for full membership, apply for admission
to the Federation as a subscriber member for the purpose of subscribing to a service the general committee may offer
to subscriber members.

(Added 79 of 1994 s. 6)

Section: 11 Application for full or subscriber membership and

admission of affiliated and honorary members
30/06/1997



(1) Every application for admission as a full member or a subscriber member of the Federation shall be made to
the general committee. (Amended 79 of 1994 s. 7)

(2) The general committee shall consider all such applications and shall admit to full membership or subscriber
membership, as the case may be, such of those persons who are eligible for such membership as it thinks fit.
(Amended 79 of 1994 s. 7)

(3) The general committee may admit as an affiliated member of the Federation any association or organization
having interests or objects which are the same as, or similar to, the objects of the Federation or which has interests or
objects which are related to the objects of the Federation.

(4) The general committee may admit such persons as it thinks fit to be honorary members of the Federation.
(5) A member which is a firm shall not cease to be a member solely by reason of its incorporation.


Section: 12 Fees for membership, etc. 30/06/1997


The general committee may establish the fees payable, and the time of payment, for membership and for
services provided to members, and it may establish different fees for different classes of membership and for
allocation of a member to more than one scheduled group.

(Replaced 79 of 1994 s. 8)

Section: 13 Register of members 30/06/1997


(1) The general committee shall cause to be kept a register of members, which shall contain the following
particulars-

(a) the name and address of each member;
(b) the date on which he was admitted to membership;
(c) the scheduled group or groups to which he has been allotted;
(d) where such member is a corporation, firm, association or other organization, the name of the person



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 4

appointed in accordance with the provisions of section 49 to be its representative.
(2) The name of any person who ceases for any reason to be a member shall be removed from the register.


Section: 14 Notification of admission to members and issue of

certificate and badge of membership
30/06/1997



(1) Every member shall be notified forthwith of his admission to membership of the Federation and supplied
with a copy of this Ordinance and of any rules which may have been made by the general committee under the
provisions of section 51.

(2) Upon payment of the appropriate fee, every such member shall be issued with a certificate of membership
and a badge of membership. (Amended 79 of 1994 s. 9)

(3) If any person ceases for any reason to be a member, he shall forthwith return to the Federation the
certificate of membership and the badge of membership issued to him in accordance with the provisions of subsection
(2).

Section: 15 Rights of honorary, subscriber and affiliated members 30/06/1997


(1) Subscriber members and honorary members shall be entitled to attend all general meetings of the
Federation, but shall not be entitled to vote at any such meeting. (Amended 79 of 1994 s. 10)

(2) Affiliated members shall be entitled to attend, and to vote at, all general meetings of the Federation.

Section: 16 Resignation of members 30/06/1997


Any member may at any time resign from the Federation by giving to the secretary not less than one month's
notice in writing.

Section: 17 Cesser of membership 30/06/1997


Any member who-
(a) is adjudicated bankrupt or makes a composition or scheme of arrangement with his creditors; or
(b) becomes of unsound mind,

shall thereupon cease to be a member.

Section: 18 Expulsion or suspension of members 30/06/1997


(1) If it is satisfied that any member-
(a) has failed, without reasonable cause or excuse, to pay any annual fee in accordance with the provisions

of section 12; (Amended 79 of 1994 s. 11)
(b) (Repealed 79 of 1994 s. 11)
(c) has persistently neglected or refused to pay any other moneys which he or it is liable to pay to the

Federation; or
(d) is unfit to be a member,

the general committee may at a meeting specially called for the purpose expel such member from the Federation or
suspend him from membership thereof for such period, not exceeding 6 months, as it thinks fit.

(2) Not less than 10 days before the meeting of the general committee at which such resolution is to be
considered, the secretary shall give to the member in question notice in writing of any resolution to expel him from the
Federation or to suspend him from membership thereof.

(3) No member shall be expelled or suspended unless he, or, where the member is a corporation, firm,
association or organization, some person on its behalf, has had an opportunity of making such representations, either
in writing or verbally, to the general committee as the member may wish.

(4) The expulsion or suspension of any member shall take effect from the passing of the resolution of the
general committee to that effect.

(5) A member whose membership is suspended shall not, so long as such suspension is in force, be entitled to
any of the rights or privileges of a member, but shall remain liable to pay the annual fee or fees as if his or its



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 5

membership were not suspended.
(6) No member of the general committee shall be present in any meeting thereof at any time when it is

considering whether or not he, or any corporation of which he is a director or manager or any firm of which he is a
partner or any association or organization of which he is a member, shall be expelled or suspended, otherwise than for
the purpose of making representations on his or its behalf pursuant to the provisions of subsection (3).

Section: 19 Reinstatement of members in certain cases 30/06/1997


Any person who has been expelled from membership of the Federation under the provisions of section 18(1)(a)
or (c) may be re-admitted to membership of the Federation by the general committee at any time upon payment of the
fee or other moneys in respect of the failure to pay which he or it was so expelled from membership thereof.

(Amended 79 of 1994 s. 12)

Section: 20 Effect of cesser of membership in relation to fees, etc., paid

to Federation, etc.
30/06/1997



A person who ceases for any reason to be a member shall not, solely by reason of his ceasing to be a member, be
entitled to the return of any fees or other moneys paid by him to the Federation or relieved of any liability to the
Federation which exists at the time he ceases to be a member.

Part: IV GENERAL MEETINGS OF FEDERATION 30/06/1997




Section: 21 Annual general meetings 30/06/1997


(1) There shall be a general meeting of the Federation not less than once in every year.
(2) General meetings shall be held not more than 15 months after the preceding such meeting.
(3) It shall be the duty of the general committee to convene the said general meetings of the Federation, which

shall, subject to the provisions of subsections (1) and (2), be held at such time as the committee may think fit.
(4) Any meeting held in accordance with the provisions of this section shall be styled the annual general

meeting.

Section: 22 Extraordinary general meetings 30/06/1997


(1) The general committee may convene a general meeting of the Federation whenever it considers it to be
necessary.

(2) The general committee shall convene a general meeting of the Federation on a requisition in writing
addressed to the secretary and signed by not less than one-tenth of the members other than those full members who are
allocated to any scheduled group which is classified by the general committee as Non-manufacturing I and Non-
manufacturing II in the First Schedule. (Amended 79 of 1994 s. 13)

(3) Any meeting held in accordance with the provisions of this section shall be styled an extraordinary general
meeting.

Section: 23 Notice of general meetings 30/06/1997


(1) The general committee shall cause to be sent to every member not less than 10 days' notice of any general
meeting of the Federation.

(2) Every such notice shall specify-
(a) the day on, and the time and place at, which the meeting will be held;
(b) in the case of an annual general meeting, other than such a meeting at which the only business to be

considered is the income and expenditure account, balance sheet, auditors' report, the report of the
general committee or the appointment of auditors, and in the case of any extraordinary general
meeting, in general terms the nature of the business which is to be considered.

(3) Neither the accidental omission to give such notice to any member nor the fact that any member has not



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 6

received any notice so sent to him or it shall invalidate the proceedings at the meeting.

Section: 24 Quorum at general meetings, etc. 30/06/1997


(1) No business shall be transacted at any general meeting of the Federation unless a quorum of members who
are entitled to vote thereat is present.

(2) The quorum for any such meeting shall be not less than 30 such members or one-tenth of the aggregate
number of such members, whichever is the less. (Amended 79 of 1994 s. 14)

(3) If, within half an hour of the time appointed for any such meeting, a quorum is not present, the meeting
shall-

(a) where it was convened pursuant to the provisions of section 22(2), be dissolved; or
(b) in any other case, stand adjourned to the same day in the ensuing week at the same time and place.

(4) If, within half an hour of the time appointed under the provisions of paragraph (b) of subsection (3) for any
meeting which has stood adjourned under the provisions of that paragraph, a quorum is not present, the members
present who are entitled to vote thereat shall be a quorum.

Section: 25 Chairmen of general meetings 30/06/1997


(1) The chairman of the Federation shall, if he is present, preside at every general meeting of the Federation.
(2) If the chairman is not present at any such meeting, a deputy chairman elected by the members of the general

committee who are present at the meeting shall, preside at the meeting. (Amended 79 of 1994 s. 15)
(3) If-

(a) within 15 minutes of the time appointed for any such meeting, neither the chairman of the Federation
nor a deputy chairman thereof is present; or (Amended 79 of 1994 s. 15)

(b) they have notified the secretary that they will not be present at any such meeting, (Amended 79 of
1994 s. 15)

then-
(i) one of the members of the general committee elected by those members thereof present at such

meeting; or
(ii) if there is only one member of the general committee present at such meeting, such member; or
(iii) if no member of the general committee is present at such meeting or if no member thereof who is

present is willing to preside at such meeting, a member of the Federation elected by those members
who are present at the meeting and entitled to vote thereat,

shall preside at the meeting.

Section: 26 Adjournment of general meetings 30/06/1997


(1) With the consent of the meeting, the chairman of any general meeting of the Federation may, and, if so
directed by the meeting, shall, adjourn the meeting from time to time and from place to place.

(2) No business shall be transacted at any meeting which is so adjourned other than the business which was
unfinished at the meeting from which the adjournment took place.

(3) When any meeting is adjourned for more than 10 days, but not otherwise, the general committee shall cause
to be given notice of the adjourned meeting in the manner provided by section 23, as if it were a new meeting.

Section: 27 Votes and proxies 30/06/1997


(1) Subject to subsection (5), each full member and each affiliated member shall have one vote. (Replaced 79
of 1994 s. 16)

(2) The vote of any such member may be given by proxy.
(3) No person shall be appointed as a proxy unless he is a member.
(4) The appointment of any person as a proxy shall be in the form prescribed by the general committee.
(5) All those full members who fall within any of the groups described as Non-manufacturing I and Non-

manufacturing II in the First Schedule shall be entitled to attend all general meetings of the Federation, but shall not be
entitled to vote at any such meeting. (Added 79 of 1994 s. 16)



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 7


Section: 28 Voting at general meetings 30/06/1997


(1) Save as provided in subsection (2), a resolution before any general meeting of the Federation shall be
decided on a show of hands, and an entry in the book of minutes of meetings of the Federation of a declaration by the
chairman of the meeting that the resolution has been carried, carried unanimously or by a specified majority, or lost, as
the case may be, shall be conclusive evidence of the fact, without proof of the number or proportion of votes cast in
favour of or against the resolution.

(2) On or before the declaration of a vote taken in accordance with the provisions of subsection (1), one-fourth
of the members present and entitled to vote may demand that the resolution be decided by a poll.

(3) If a poll is duly demanded, the same shall be taken in such manner as the chairman of the meeting may
direct.

(4) Where a poll is demanded on the question of the election of the chairman of any meeting or on the question
of the adjournment of any meeting, the same shall be taken forthwith, but a poll demanded on any other question shall
be taken at such time as the chairman of the meeting may direct.

(5) Where the votes on any question are equally divided, whether the votes are taken on a show of hands or on
a poll, the chairman of the meeting shall have a second or casting vote.

Part: V ACCOUNTS AND AUDITORS 30/06/1997




Section: 29 Keeping of accounts 30/06/1997


The general committee shall cause to be kept proper accounts of the Federation and proper records in relation
thereto.

Section: 30 Income and expenditure account and balance sheet 30/06/1997


(1) The general committee shall cause to be prepared and laid before the Federation at the annual general
meeting an income and expenditure account for the period since the preceding account made up to a date not earlier
than the date of the meeting by more than 9 months.

(2) The general committee shall cause to be made out in every year, and laid before the Federation at the annual
general meeting, a balance sheet as at the date to which the income and expenditure account is made up.

Section: 31 Appointment of auditors 30/06/1997


(1) The Federation shall at each annual general meeting appoint an auditor or auditors to hold office until the
next annual general meeting.

(2) The general committee may fill any casual vacancy in the office of auditor, but while any such vacancy
continues the surviving or continuing auditor or auditors, if any, may act.

(3) The remuneration of the auditors shall be fixed by the Federation in general meeting, save that the
remuneration of an auditor appointed to fill a casual vacancy, may be fixed by the general committee.

Section: 32 Auditors' report 30/06/1997


The auditors shall make a report to the members on the accounts examined by them and on every balance sheet
laid before the Federation at the annual general meeting during their term of office, and the report shall state-

(a) whether or not they have obtained all the information and explanations they have required; and
(b) whether, in their opinion, the balance sheet referred to in the report is properly drawn up so as to

exhibit a true and correct view of the Federation's affairs according to the best of their information and
the explanations given to them, and as shown by the books of the Federation.





Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 8

Section: 33 Balance sheet and report to be sent to members 30/06/1997


A copy of the balance sheet made out in accordance with the provisions of section 30(2), together with a copy of
the auditors' report thereon, shall be sent to every member not less than 10 days before the annual general meeting.

Part: VI THE GENERAL COMMITTEE 30/06/1997




Section: 34 Establishment and constitution of general committee 65 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3


(1) There shall be a general committee of the Federation which shall consist of the following members-
(a) the chairman of each of the scheduled groups;
(b) (Repealed 79 of 1994 s. 17)
(c) 3 members appointed by the Chief Executive.

(1A) The general committee may have, in addition to the members referred to in subsection (1), 5 other members
who were members of the general committee in the year next preceding the year in respect of which they are
appointed. (Added 81 of 1970 s. 4. Amended 79 of 1994 s. 17)

(1B) The members referred to in subsection (1A) may be appointed by the general committee at the meeting
thereof immediately preceding the annual general meeting of the Federation. (Added 81 of 1970 s. 4)

(2) The vice-chairman of any scheduled group shall be entitled to attend any meeting of the general committee
and whenever the chairman of that group is unable to attend, such vice-chairman shall also be entitled to be counted as
part of the quorum for, and to vote at, such meeting. (Amended 79 of 1994 s. 17)

(3) (a) The general committee may co-opt as members thereof not more than 5 persons who are full members,
subscriber members or affiliated members or the representatives of any such members. (Amended 64
of 1978 s. 3; 79 of 1994 s. 17)

(b) Any person who is so co-opted as a member of the general committee shall, so long as he continues to
be co-opted, be a member thereof for all purposes.

(c) The general committee may terminate the co-option of any person as a member thereof at any time.
(4) Any person who is appointed by the Chief Executive under the provisions of subsection (1)(c), or who is

appointed under the provisions of subsection (1B), to be a member of the general committee and any person who is
co-opted as a member thereof under the provisions of subsection (3)(a) shall, save as provided-

(a) in the case of any person so appointed by the Chief Executive, or under the provisions of subsection
(1B), by the provisions of section 35(3);

(b) in the case of any person who is so co-opted, by the provisions of subsection (3)(c),
hold office until immediately after the annual general meeting of the Federation next after his appointment or co-
option, as the case may be, but shall be eligible for re-appointment or to be again so co-opted. (Amended 81 of 1970
s. 4)

(5) If any person who is so appointed by the Chief Executive to be a member of the general committee dies or
ceases for any other reason to be a member thereof, the Chief Executive shall appoint another person to be a member
thereof, and the person so appointed shall hold office until the end of the term of office of the person he replaced.
(Amended 79 of 1994 s. 17)

(6) Any person who is so appointed by the Chief Executive to be a member of the general committee shall, so
long as he continues to be a member thereof, be a member of the Federation and shall be entitled to attend, and to be
heard and to vote at, any general meeting of the Federation.

(7) Commencing with the annual general meeting of the Federation that first occurs after the Federation of
Hong Kong Industries (Amendment) Ordinance 1994 (79 of 1994) comes into operation, a person referred to in
subsection (4) shall be a member of the general committee for a 2 years' term and, thereafter, a reference to the annual
general meeting this section shall be deemed to be a reference to every other annual general meeting. (Added 79 of
1994 s. 17)

(Amended 65 of 2000 s. 3)




Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 9

Section: 35 Cesser of membership of general committee 65 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3


(1) Any person who is a member of the general committee by virtue of the provisions of section 34(1)(a) shall
cease to be a member thereof if under the provisions of section 46(3) he ceases to be the chairman of the scheduled
group.

(2) (Repealed 79 of 1994 s. 18)
(3) Any person who is appointed by the Chief Executive under the provisions of section 34(1)(c), or who is

appointed under the provisions of section 34(1B), to be a member of the general committee shall cease to be a member
thereof if he- (Amended 81 of 1970 s. 5; 65 of 2000 s. 3)

(a) is adjudicated bankrupt or makes a composition or scheme of arrangement with his creditors;
(b) becomes of unsound mind; or
(c) resigns his office by notice in writing addressed-

(i) to the Chief Executive, in the case of a person appointed by the Chief Executive under the
provisions of section 34(1)(c); or (Amended 65 of 2000 s. 3)

(ii) to the secretary, in the case of a person appointed under the provisions of section 34(1B).
(Replaced 81 of 1970 s. 5)


Section: 36 (Repealed 79 of 1994 s. 19) 30/06/1997




Section: 37 Chairman and deputy chairmen of general committee 30/06/1997


(1) At its first meeting after any annual general meeting of the Federation, the general committee shall elect one
of its members to be the chairman thereof and 3 of its members, or such other number as the general committee
establishes by resolution, to be deputy chairmen thereof.

(2) The persons so elected shall, save as provided in subsection (3), hold office until immediately after the
ensuing annual general meeting of the Federation.

(3) A person so elected shall cease to be chairman or a deputy chairman, as the case may be, of the general
committee if he ceases for any reason to be a member thereof.

(4) If a person so elected dies or ceases for any other reason to be chairman or a deputy chairman of the general
committee, the committee shall, as soon as practicable, elect another of its members to be the chairman or a deputy
chairman thereof, as the case may be, and the person so elected shall, save as provided in subsection (3), hold office
until the next election for that position. (Replaced 79 of 1994 s. 20)

(5) The chairman and deputy chairmen of the general committee shall be the chairman and deputy chairmen,
respectively, of the Federation.

(6) Commencing with the annual general meeting of the Federation that first occurs after the Federation of
Hong Kong Industries (Amendment) Ordinance 1994 (79 of 1994) comes into operation, the chairman and deputy
chairmen of the general committee shall be elected for a 2 years' term and, thereafter, a reference to the annual general
meeting in this section shall be deemed to be a reference to every other annual general meeting. (Added 79 of 1994 s.
20)

(Amended 79 of 1994 s. 20)

Section: 38 Convening of meetings of general committee 30/06/1997


(1) Save as provided in subsection (2), the chairman of the general committee shall convene such meetings
thereof as he may consider necessary for the efficient discharge of its functions.

(2) The chairman of the general committee shall convene a meeting thereof upon the requisition in writing,
addressed to the secretary and specifying the reason for convening the meeting, of not less than 2 of its members.




Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 10

Section: 39 Procedure at meetings of general committee 30/06/1997


(1) The chairman thereof, or, if he is absent, a deputy chairman elected by the members present, shall preside at
any meeting of the general committee. (Amended 79 of 1994 s. 21)

(1A) Where only one deputy chairman is present at the meeting, he shall preside and where none of the deputy
chairmen is present, the members present shall elect one of their number to preside. (Added 79 of 1994 s. 21)

(2) (a) No business shall be transacted at any meeting of the general committee unless a quorum of members
is present.

(b) The quorum for any such meeting shall be not less than 10 members of the committee present in
person. (Amended 81 of 1970 s. 6; 79 of 1994 s. 21)

(3) All questions coming before any meeting of the general committee shall be decided by a majority of the
members of the committee present in person on a show of hands or on a poll upon demand. (Amended 79 of 1994 s.
21)

(4) Where the votes on any such question are equally divided, whether on a show of hands or on a poll the
chairman of the meeting shall have a second or casting vote. (Amended 79 of 1994 s. 21)

(5) Subject to the provisions of this Ordinance, the general committee may regulate the conduct of its meetings
in such manner as it may think fit.

Section: 40 Restrictions on right of members of general committee to

be present or to vote
30/06/1997



(1) No member of the general committee shall be present in any meeting of the committee when it is
considering any matter in which he, or any corporation of which he is a director or manager or any firm of which he is
a partner or any association or organization of which he is a member, is the complainant, otherwise than for the
purpose of giving evidence of the matter in respect of which the complaint is made.

(2) No member of the general committee shall vote on any resolution concerning any contract with the
Federation in which he, or the member whose representative he is, is interested.

Section: 41 Transaction of business by circulation of papers 30/06/1997


The general committee may, if it thinks fit, transact any of its business by the circulation of papers, and a
resolution in writing approved by a majority of the members thereof shall be as valid and effectual as if it had been
passed at a meeting of the committee.

Section: 42 Power of general committee to appoint committees 30/06/1997


(1) The general committee may, from time to time, appoint such committees as it considers necessary for
securing the efficient discharge of its functions, and may delegate to any such committee any of its powers and duties:

Provided that no delegation made hereunder shall preclude the general committee from exercising or performing
at any time any of the powers and duties so delegated.

(2) Any person may be appointed a member of any such committee notwithstanding that he is not a member of
the general committee.

Section: 42A Power of general committee to appoint Honorary

Presidents and Vice Presidents
30/06/1997



(1) The Federation may have such number of Presidents and Vice Presidents as the general committee may
determine.

(2) The general committee may appoint to be President or Vice President any person who is a member of the
Federation and who, in its opinion, has rendered distinguished services to industry in Hong Kong or to the Federation.

(3) The term of office of a person appointed to be President or Vice President shall be for such period as the
general committee in each case shall determine.

(4) The offices of President and Vice President shall be honorary.
(Added 81 of 1970 s. 7)



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 11


Section: 43 Members of general committee entitled to reimbursement

of expenses, but not to other remuneration unless
authorized

30/06/1997



Save as otherwise determined by the Federation in general meeting, no member of the general committee shall
be entitled to be paid any salary or other remuneration out of the funds of the Federation, but any such member shall
be entitled to be reimbursed by the Federation in respect of any expense incurred by him in the performance of his
functions as such member.

Section: 44 Attendance at meetings of general committee of members

invited by chairman of scheduled group
30/06/1997



(1) The chairman of any scheduled group may invite any member who has been allotted to such group to attend
any meeting of the general committee at which any matter affecting a trade or industry in which such member is
engaged or with which he or it is concerned is to be considered.

(2) Any such member who attends any such meeting of the general committee shall be entitled to be present in
the meeting whilst the committee is considering such matter and to address the committee.

Part: VII SCHEDULED GROUPS 30/06/1997




Section: 45 Allocation of full members to scheduled groups, etc. L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) At the time any person is admitted as a full member of the Federation, the general committee shall allot

such member to one of the scheduled groups.
(2) A full member may apply to the general committee to be allotted to any scheduled group in addition to the

group to which he has been allotted by it under the provisions of subsection (1), and shall be allotted to such additional
group or groups if the general committee thinks fit, in which group or groups such full member shall not be entitled to
vote or be voted for the post of chairman or vice-chairman.

(3) The general committee may-
(a) vary the composition of any scheduled group; or
(b) add any group to, or delete any group from, the First Schedule. (Replaced 79 of 1994 s. 22)

(4) Notification of any variation of the composition of any scheduled group or of the addition of any group to,
or the deletion of any group from, the First Schedule shall be published in the Gazette.

(5) Where the exercise of the general committee's powers under subsection (3) would result in a change in the
entitlement of any person to vote at a general meeting of the Federation as referred to in the Legislative Council
Ordinance (Cap 542), such change does not take effect until the Secretary for Constitutional and Mainland Affairs has
given his written approval. (Replaced 48 of 1999 s. 49. Amended L.N. 130 of 2007)

(Amended 79 of 1994 s. 22)

Section: 46 Election of chairmen of scheduled groups, etc. 30/06/1997


(1) Upon receipt of the notification given by the secretary under the provision of section 52 of the date of an
annual general meeting of the Federation and before the day specified therein as the day on which such meeting will
be held, the full members allocated to each of the scheduled groups, other than those full members who are allocated
to such group pursuant to section 45(2), shall elect another full member of that group who is entitled to elect as
aforesaid or the representative of such full member to be a chairman or vice-chairman. (Replaced 79 of 1994 s. 23.
Amended 80 of 1997 s. 102)

(2) The persons so elected as chairman and vice-chairman of each of the scheduled groups shall take office



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 12

immediately after the said annual general meeting and, save as provided in subsection (3), shall hold office until
immediately after the ensuing annual general meeting of the Federation.

(3) Any person who is the chairman or vice-chairman of any scheduled group shall cease to be the chairman or
vice-chairman thereof, as the case may be, if-

(a) he is adjudicated bankrupt or makes a composition or scheme of arrangement with his creditors;
(b) he becomes of unsound mind;
(c) being a member at the time of his election as such chairman or vice-chairman, he ceases for any reason

to be a member;
(d) being a representative at the time of his election as such chairman or vice-chairman, he ceases to be

such representative;
(e) he resigns his office by notice in writing addressed to the secretary; or
(f) the member whose representative he was at the time of his election as such chairman or vice-chairman

ceases for any reason to be a member.
(4) If the chairman or vice-chairman of a scheduled group dies or ceases for any other reason to be such

chairman or vice-chairman, the full members of that group, other than those full members who are allocated to that
group pursuant to section 45(2), shall, as soon as practicable, elect another full member of that group who is entitled to
elect as aforesaid or the representative of any such full member to be the chairman or vice-chairman, as the case may
be, and, save as provided in subsection (3), the person so elected shall hold office until the next election for that
position. (Replaced 79 of 1994 s. 23)

(5) Commencing with the elections relating to the annual general meeting of the Federation that first occurs
after the Federation of Hong Kong Industries (Amendment) Ordinance 1994 (79 of 1994) comes into operation, the
chairman and vice-chairman of each scheduled group shall be elected for a 2 years' term and, thereafter, a reference to
the annual general meeting in this section shall be deemed to be a reference to every other annual general meeting.
(Added 79 of 1994 s. 23)

Section: 47 Convening of meetings of scheduled group 30/06/1997


(1) The chairman of any scheduled group may convene a meeting of the group whenever he considers it
necessary.

(2) Upon the requisition in writing of not less than one-tenth of the members of any scheduled group, the
secretary shall convene a meeting of the group.

Section: 48 Procedure at meetings of scheduled group 30/06/1997


The provisions of section 27 and 39 save and except subsections (1) and (5) of section 27 and subsection (2)(b)
of section 39 shall apply, mutatis mutandis, to meetings of any scheduled group as they apply to meetings of the
general committee, and the quorum for any such meeting of a scheduled group shall not be less than one-fourth of its
full members present in person or by proxy.

(Replaced 79 of 1994 s. 24)

Part: VIII SUPPLEMENTARY AND MISCELLANEOUS 30/06/1997




Section: 49 Appointment of representatives by members which are
corporations, firms, etc.

30/06/1997



(1) Every member which is a corporation, firm, association or organization shall appoint one of its members or
officers to be its representative for the purposes of the Federation.

(2) Any person who is so appointed as the representative of any member shall be entitled to attend any meeting
of the Federation, and to be heard and to vote thereat to the same extent as the member which he represents.

(3) Every such member shall notify the secretary of the name of the person whom it has, for the time being, so
appointed to be its representative.

(4) No person shall be the representative of more than one such member at any one time.




Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 13

Section: 50 Inspection of accounts, etc. 30/06/1997


(1) Any member of the general committee may inspect the accounts of the Federation and any records in
relation thereto and any book or document of the Federation at any time.

(2) The general committee shall, from time to time, determine the extent, if any, to, and the time and place at
and the conditions on, which any member, other than a member who is a member of the general committee, may
inspect such accounts, records, books or documents.

(3) Save to the extent determined by the general committee under the provisions of subsection (2) or as
authorized by the Federation in general meeting, no member, other than a member who is a member of the general
committee, shall be entitled to inspect such accounts, records, books or documents.

Section: 51 Power of general committee to make rules 30/06/1997


(1) The general committee may make rules providing for-
(a) the manner in which the chairmen of scheduled groups and members of the general committee shall be

elected;
(b) such matters as it may consider necessary for the better conduct of the affairs of the Federation or the

furtherance of any of its objects.
(2) No rules made under the provisions of subsection (1) shall be inconsistent with any of the provisions of this

Ordinance.
(3) Rules made under this section may provide that the general committee may impose on any member who

contravenes specified provisions thereof such penalty as may be prescribed by such rules:
Provided that no penalty so prescribed shall exceed $12500. (Amended 79 of 1994 s. 25)


Section: 52 Notice to scheduled groups of annual general meeting 30/06/1997


The secretary shall give to the chairman of each of the scheduled groups not less than one month's notice in
writing of the date of the annual general meeting of the Federation.

Section: 53 Service of notices, etc. 30/06/1997


Wherever in this Ordinance provision is made for the service or sending of any notice, balance sheet or other
document, it shall be sufficient service if a copy of such notice, balance sheet or document is-

(a) delivered to the person upon whom it is to be served or to whom it is to be sent;
(b) sent by registered post to the address of such person for the time being entered in the register; or
(c) published in 2 issues of 2 daily newspapers, one of which is published in the English language and one

in the Chinese language.

Section: 54 Validity of proceedings 30/06/1997


(1) The validity of any proceeding of the Federation shall not be affected by any defect in the admission of any
person to membership thereof or by any defect in the appointment, election or co-option of any person as a member of
the general committee or by any vacancy amongst the members of the committee.

(2) The validity of any proceeding of the general committee shall not be affected by any defect in the
appointment, election or co-option of any person as a member thereof or by any vacancy amongst the members
thereof.

Section: 55 Protection of badge of Federation 30/06/1997


(1) No person shall, save with the authority of the Federation-
(a) have in his possession any badge of the Federation, which badge is portrayed in the Fourth Schedule;

or
(b) use for any purpose-

(i) any badge or other device containing the words "Federation of Hong Kong Industries"; or



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 14

(ii) any device which so closely resembles the badge of the Federation as to be capable of being
understood as referring to such badge.

(2) Any person who contravenes any of the provisions of subsection (1) shall be guilty of an offence and shall
be liable on summary conviction to a fine of $2500. (Amended 79 of 1994 s. 26)

Section: 56 Saving 65 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 65 of 2000 s. 3


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 in this Ordinance and those
claiming by, from or under them.

(Amended 65 of 2000 s. 3)

Schedule: 1 SCHEDULED GROUPS L.N. 41 of 2015 17/04/2015


[sections 2, 10, 27 & 45]


Item No. of Group Description of Group
1. 1 Chemicals, pharmaceuticals and non-metallic mineral products
2. 2 Building materials
3. 3 Dyeing and finishing
4. 4 Electrical products (Amended L.N. 41 of 2015)
5. 5 Electronic products
6. 6 Energy and power
7. 7 Fabricated metal products and iron, steel and non-ferrous metal basic

industries and machinery
8. 8 Food, beverages and tobacco
9. 9 Footwear, and rubber and leather goods other than garments

10. 10 Wood products and furniture, fixtures and interior decorations, including
steel, rattan and wood furniture

11. 11 Jewellery including handicraft items of jade and ivory
12. 12 Knit garments and other knit made-up goods
13. 13 Home textiles, miscellaneous textiles and accessories (Amended L.N. 41 of

2015)
14. 14 Mould and die manufacturing
15. 15 Plastic products
16. 16 Printing and book binding and paper products
17. 17 Spinning
18. 18 Non-manufacturing I-support services for industry such as law, accountancy,

banking, finance, insurance, godowns, real estate, leisure and entertainment
19. 19 Toys and games
20. 20 Non-manufacturing II-trading
21. 21 Transport services, equipment, repair and maintenance
22. 22 Watches and clocks
23. 23 Weaving
24. 24 Woven garments and other woven made-up goods
25. 25 Software and information technology (Added L.N. 174 of 2000)

26. Environmental industries (Added L.N. 49 of 2004)
27. 27 Automobile, aeronautical and advance components (Added L.N. 150 of 2004.

Amended L.N. 41 of 2015)
28. 28 Spectacles and optical products (Added L.N. 41 of 2015)
29. 29 Fur and leather garments (Added L.N. 41 of 2015)



Cap 321 - FEDERATION OF HONG KONG INDUSTRIES ORDINANCE 15

30. 30 Creative industries (Added L.N. 41 of 2015)
31. 31 Design (Added L.N. 41 of 2015)
32. Automation solutions (Added L.N. 41 of 2015)

(Replaced 79 of 1994 s. 27)

Schedule: 2 (Repealed 79 of 1994 s. 28) 30/06/1997




Schedule: 3 (Repealed 79 of 1994 s. 29) 30/06/1997




Schedule: 4 BADGE OF FEDERATION 7 of 2005 10/06/2005


[section 55]



(Replaced 7 of 2005 s. 2)

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