Wikimedia Hong Kong/Society Constitution Draft/Content

Notice: This page is created on 2nd January and the translation is based on this version of Chinese Constitution. Further changes to the Chinese version may not be shown here. Please help to synchronize the two versions.

This page has to be translated into English. Progress: 95%

Constitution Draft of Wikimedia Hong Kong

To be submitted in the 1st Member Assembly

Chapter 1 - General Provisions

Article 1　Name

The English name of the Chapter of Wikimedia Foundation in Hong Kong shall be "Wikimedia Hong Kong", hereinafter as "the Society". The Chinese name of the Society shall be 「香港維基媒體協會」 .

Article 2　Mission

The mission of the society is to empower and engage individuals in Hong Kong to collect and develop educational content under a free license or in the public domain, and to disseminate it effectively and globally, via the promotion of the Wikimedia projects and other endeavors along with the Wikimedia Foundation, in order to help the local education & the disseminate of the different kinds of knowledge ultimately.

Article 3　Structure

The society consists of users of various Wikimedia Foundation projects from Hong Kong. All matters of the society shall be managed by Member Assembly, Representative Congress and Executive Council according to the Constitution.

Article 4 Official Status

The society has been approved by Wikimedia Foundation as the representative organization of Hong Kong Wikimedians.

Article 5　Official Languages

The official language of the society shall be Chinese, and both Chinese and English shall be the working languages of the Society.

Article 6　Term

A term of the society shall be the period from xx/xx in one year to xx/xx in the next year in Gregorian calendar.

Chapter 2 - Membership

Article 7　Membership

There are individual members (個人會員), organization members(團體會員) and honourable members(名譽會員).

Article 8　Individual members

An individual who has the right of abode in Hong Kong can apply for an Individual Membership after paying the membership fee and foundation fee.

Individual members have the following rights:

To attend the Member Assembly, and to sit-in on the meetings of the Representative Congress and the Executive Council
To speak, to propose, to second and to vote in the Member Assembly
To participate in the elections of the society, and to enjoy the rights of nominating, seconding and voting
To perform initiative and referendum (具有創制及複決的權利)；
To participate in the activities of the society
To enjoy the welfare and facilities of the society

Article 9　Organization members

Any organization based or located a branch in Hong Kong can apply for an Organization Membership after paying the membership fee and the foundation fee.

Each Organization Members should elect one representative from its own organization to exercise its membership rights. The rights of an organization member is the same as those of an individual member, as those specified in Section 2, Article 8. However, the rights of an organization member is equal to those of an individual member.

Article 10　Honourable members

An individuals who has significately contributed or financially supported the Society can be invited to become an honourable member after approval by the Executive Council.

Honourable members have the following rights:

To sit-in on the meetings of the Member Assembly, the Representative Congress and the Executive Council
To participate in any activities of the society
To enjoy the welfare and facilities of the society

Article 11　Duties of the members

Members have the following duties:

To abide by the constitution, bylaws and all other regulations
To follow the decisions made by the Member Assembly, the Representative Congress and the Executive Council
To timely pay the annual membership fee (except for honourable members)
Not to do anything which harms the society

Chapter 3 - Membership Assembly(會員大會)

Article 12　Formation and Roles of the Assembly 大會之組成及職權

The Membership Assembly is the highest authority within the Society. It consists of the all the attending members, the Secretary and the Chair.

The Chairperson of the Executive Council shall be the ex-officio Chairperson of the Membership Assembly. Should the Executive Council President be absent or be facing dismissal proceedings, the Chairpersonship will be taken over by an individual in the following order:

Vice-Chairperson of the Executive Council (理事會副主席)
Chairperson of the Representative Congress (代表會主席)

The Secretary of the Executive Council shall be the ex-officio Secretary of the Membership Assembly. Should the Executive Council Secretary be absent, the Secretary's responsibilities will be taken over by an individual in the following order:

Secretary of the Representative Congress (代表會秘書)
A member attending the Membership Assembly appointed by the Chairperson of the Membership Assembly.
Responsibilities and powers of the Membership Assembly shall include but not be limited to the following:
1. Amendment of the constitution;
2. Supervision of the implementations of the Constitution;
3. Approval or rejection of resolutions of the Representative Congress
4. Discussion and passage of general reports from the previous or current Executive Council;
5. Discussion and passage of financial reports from the previous or current Executive Council;

Article 13　Procedures of the Membership Assembly 大會之召開

Membership Assembly(會員大會)：
1. The Membership Assembly shall be held once per year, convened by the Executive Council.
2. The Executive Council shall convene the Membership Assembly one month prior to the end of its term, to elect new members of the Executive Council members and the Representative Congress.
3. Notices regarding the convention of the Membership Assembly and its agenda shall be announced seven days prior to the Assembly.
Extraordinary Membership Assembly(EMA) (會員特別大會)：
1. 若有二分之一或以上的代表會代表或理事會理事聯署要求，理事會主席必須於七日內召開。
2. Should more than one fifth of the Membership jointly sign and submit a petition for an Extraordinary Membership Assembly, the Chair of the Executive must convene one within seven days. (若有五分之一或以上的個人會員或團體會員聯署要求，理事會主席必須於七日內召開。 )
3. The Petition should include the exact proposed agenda for the Assembly.
4. The EMA should be announced and the agenda distributed at least five days before the scheduled time.
Quorum (法定人數)：The Quorum for an EMA is one fourth of the total Membership of the Society. If quorum is not reach one half hour past the scheduled time, the Chair should declare the Assembly aborted.
Procedures of Ordinary Resolution: (一般表決程序)：
1. Unless stated otherwise in this Constitution, the passage of any Referendum(議案) requires the approval of at least half of the entire Membership of the Society.
2. Abstaining, not voting, or non-participation in a vote, are considered Abstentions. These opinions do not count towards the total number of votes.

Chapter 4 - Representative Congress&Executive Council (代表會及理事會)

Article 14 Representative Congress (代表會)

The Representative Congress is the highest permanent supervisatory body in the Society. It represents the community, and reviews and drafts amendments to this Constitution. It reports directly to the Membership Assembly.
The Representative Congress consists of two Ex-officio(當然代表) and three Representatives(會員代表). The entire Membership of the Society elect their three Representatives. The Executive and the Representative Congress for the previous term each elect one Ex-officio member.
The Representative Congress has a Chair(主席)and a Secretary(秘書), each of which must be a member of the Representative Congress.
The Representative Congress is Authorised:
1. To supervise the administration of the Society and its subordinate organisations, to settle disputes and to take charge of the dissolution of the Society;
2. To review and to approve the annual project proposals and budgets (全年工作計劃及財政預算).
3. To review and to approve the project reports and financial reports(全年工作報告及財政報告) from the Representative Congress and the Executive of the previous year, and then to submit them to the Membership Assembly for final approval.
4. 複決理事會的決議。
5. To interpret the Constitution of the Society;
6. To consider, to advise on and to approve the resignation offers from Executive or Representative Council members. (審查、挽留或批准代表會代表或理事會理事的辭職。)
7. To take over the Administration, should the Executive becomes vacant or be dissolved, with the Chair of the Representative Council (or a suitable person supported by two-thirds (2/3) of the entire Membership of the Society) acting as the President of the Society;
To establish the following Committees, if necessary, indicating all limits of authority and terms of office from the start:
1. Electoral Affairs Committee (選舉管理委員會)
2. Provisional Executive Committee(臨時行政委員會)
3. Select Committees (專責/調查委員會)
Term of Office(任期)：
1. 代表會代表任期為兩年。
2. Representatives may seek re-election.
Finance: The Representative Congress and its subordinate Committees may request funds from the Society.(代表會及其附屬委員會可向本會支取經費。)

Article 15 Executive Council (理事會)

The Executive Council (Executive) is responsible for the everyday adminstration of the Society. It reports to the Representative Council and the Membership Assembly .
The Executive consists of at least five members, who are elected by the entirety of the Society, with collective leadership and collective responsibility (集體領導及集體負責制).
The Executive Council consists of a President(主席), a Vice-President(副主席), a Secretary(秘書) a Treasurer(財政), and several other members. The President and the Vice-President are elected by the Executive Council from a list of members elected the entire Membership of the Society.(???) (其中主席和副主席必須從由全體會員選舉途徑產生的名中，再經理事會名選舉產生。)
All members of the Executive have equal power, none reporting to any other. Their responsibilities are to be determined through their own discussions.
The Executive is authorised:
1. To fulfill the aims of this Constitution (履行會章宗旨)；
2. To carry out the Resolutions of the Assembly, the Representative Council and the Executive；
3. To draft the annual project plans and budgets for the Society (全年之工作計劃及財政預算案)；
4. (?) To plan the various Society activities and their organisations;(各項活動之執行程序及行政細則);
5. (?)To draft any public announcements and declarations of the Society(對外發表之聲明及立場);
To establish the following committees, if necessary, indicating their limits of authority and terms of offices from the beginning:
1. Select Committees (專責委員會)
2. Advisory Committees (資詢委員會)
3. Task Forces (工作小組)
The Executive is obliged to follow every Resolution of the Representative Congress, and cannot send it back. It has no authority to dissolve the Representative Congress.
Term of Office(任期)：
1. A term of Office of the Executive lasts two years.
2. 理事會理事可競選連任。

Article 16

No individual can be a Representative and a member of the Executive at the same time.
The following workers must be at least 18 years of age:
1. President of Representative Congress(代表會主席)；
2. President of Bylaw of Executive Committee (理事會主席)；
3. President of Provisional Executive Committee(臨時行政委員會主席)；
4. Secretary of Executive Council(理事會財政)。
其餘職位，出任者須年滿16歲。
Members of the Society cannot occupy the following posts more than twice：
1. President of Bylaw of Executive Committee (理事會主席)；
2. Vice-President of Executive Council(理事會副主席)；
3. President of Representative Congress(代表會主席)。

Chapter 5 - Finance (財政)

Article 17

The Society shall follow the principle of keeping the expenditure within the limits of revenues in drawing up its budget, and strive to achieve fiscal balance, avoid deficits and keep the budget commensurate with the growth rate of the gross domestic product (本地生產總值).
Membership Fees (fees or dues)：
1. 個人會員及團體會員須於入會時須繳付入會費，另每年繳付年費。。
2. 會員費除用作支付本會的經常性開支及辦理本會會章第二條宗旨所規定的事務外，不得用作其他用途。
3. 會員所繳付之入會費及年費，概不退還。
4. Any adjustments of Membership fees must have the approval of the Executive Council and the Representative Congress.
Development Fund, Wikimedia Hong Kong (the Fund) (香港維基媒體協會發展基金)：
1. The Fund is for the long term development of the society.
2. 新會員所繳付的入會費及本會每年度的盈餘，將撥歸基金。
3. 基金累積至多於港幣一萬元時，多餘之部份可被動用。
4. 基金的任何動用，必須經由會員大會通過。
財政預算：新一年度之全年財政預算，須於前一年度的最後一次代表會常務會議前提交，以便通過。
財政報告：前一年度之全年財政報告，須於新一年度的第一次代表會常務會議前提交，以便通過。
Fiscal Year：The Fiscal Year shall coincide with the term of the Society.

Chapter 6 - 違規處理

Article 18

All Members shall comply with the Constitution, ByLaws amd Meeting rules of the Society. (所有會員必須遵守本會會章、會章附例、附件及會議規則。)
If a Member violates this Constitution or causes harm to the Society, she would receive the following sanctions:
1. Motion of Condemnation: Any Member who violates the Constitution, by-laws or other rules of the Society will be condemned, after the approval of two thirds of the Executive or two thirds of the Representative Council.
2. Suspension of membership privileges：If a Member violates the Constitution or fails to pay the Membership dues, all her Membership privileges shall be suspended, until the a time decided by the Chair of the Executive, or until she has paid her dues.
3. Expulsion: (開除會籍)：任何會員若不履行其會員義務，經三分之一會員，或三分之二理事會幹事，或三分之二代表會代表聯署要求時，提交會員大會討論，經四分之三或以上出席會員通過，可開除該名會員會籍。
代表會、理事會如有違反會章或失職，將會受到以下懲治：
1. Impeachment(彈劾議案): If an Executive member or a Representative is suspected of misconduct or violation of the Constitution, 經五分之一會員，或二分之一理事，或二分之一代表會成員聯署要求時，提交理事會討論，經三分之二或以上幹事通過，可譴責該名理事。
2. Motion of No Confidence (罷免議案)：Should a member of the Executive or Representative Council be accused of negligence, breach of duty, or violation of the Society Constitution, she can be removed from office, after one third of the Membership of the Society, or two thirds of the Executive, or two thirds of the Representative Council have jointly signed and submitted a Motion of No Confidence to the Membership Assembly, and two thirds of the attending members have voted for the motion.

Chapter 7 - Dissolution(解散)

Article 19

Any act of dissolution of the Society must have the approval of three quarters of the entire membership of the Society (全體會員) in a Membership Assembly.

Article 20

Before the Society is dissolved, the Executive must submit all administrative documents to (the Membership Assembly?), and must explain to the Members the financial situation and the consequences of the dissolution (財務狀況及解散後之影響) of the Society.

The Executive must take good care of the assets of the Society. All remaining assets must be donated to charities or non-profit organisations similar to Wikimedia Hong Kong.

Chapter 8 - Interpretation and Amendment of this Constitution

Article 22

The Representative Congress has the right to interpret this Constitution.

The interpretation of this Constitution, unless otherwise bound by explicit Resolutions, should follow the Laws, Statue, Bylaws and legal spirits(?) and precedencts of Hong Kong (香港法律、條例、附例、精神和慣例).

Should there be any discrepancy between this text and the Consitiution text in Zhong Men, the Zhong Men text shall prevail. The texts of this Constitution in various languages are for reference only.

Article 23

The Membership Assembly(會員大會) has the right to amend this constitution.

The Executive(理事會) and the Representative Council (代表會) have the right to submit amendments to this constitution.

Should a quarter of the Membership, half of the Executive, or half of the Representatve Congress jointly sign and submit a petition for an amendment of this Constitution, the Executive Committee must consider it. (如有全體會員四分之一以上，或二分之一幹事，或二分之一代表會成員聯署要求修改會章，理事會則必須處理會章修改事宜。 )

Any proposal to amend this Constitution should be discussed in the Executive, approved by the Representative Council, and submitted to the Membership Assembly for final discussion and vote.

Edit

香港維基媒體協會會章

章程	章程大綱 ※ 章程細則
附例	~~代表會附例~~ ※ ~~理事會附例~~ ※ 董事會附例
規則	會議規則
修訂	2014年會章修訂議案（章程大綱修訂條文 ※ 章程細則修訂條文 ※ 董事會附例）
Documents	Board of the WM Foundation's Resolution of Approval ※ Memorandum & Articles of Association
存檔	※ ~~第一屆代表會的產生辦法~~ ※ ~~第一屆理事會的產生辦法~~ ※ ~~選舉管理委員會附例~~ ※ ~~暫緩組成代表會臨時條款~~