Cap. 33activeordinance

Co-operative Societies Ordinance

合作社條例

Full legislation

s.51

Rules

(1)
The Chief Executive in Council may make all such rules as may be necessary for
                the purpose of carrying out or giving effect to the principles and provisions of
                this Ordinance.
(Amended
61 of 2000 s. 3
)
(2)
In particular, and without prejudice to the generality of the power conferred by
                subsection (1), such rules may provide
for—
(a)
forms to be used and the conditions to be complied with in applying for the
                    registration of a society and the procedure in the matter of such
                    applications;
(b)
conditions to be complied with by persons applying for admission or
                    admitted as members, election and admission of members from time to time, and
                    the payment to be made and interest to be acquired before exercising rights of
                    membership;
(c)
subject to the provisions of
section 27
, the maximum number of
                    shares or portion of the capital of a registered society which may be held by a
                    member;
(d)
the extent to which a registered society may limit the number of its
                    members;
(e)
withdrawal and expulsion of members and payments to be made to members who
                    withdraw or are expelled, and the liabilities of past members;
(f)
general meetings of the members and for the procedure at such meetings and
                    the powers to be exercised by such meetings;
(g)
appointment, suspension and removal of the members of the committee and
                    other officers, and the procedure at meetings of the committee, and the powers
                    to be exercised and the duties to be performed by the committee and other
                    officers;
(h)
matters in respect of which a society may or shall make by-laws and the
                    procedure to be followed in making, altering and rescinding by-laws, and the
                    conditions to be satisfied prior to such making, alteration or
                    rescission;
(i)
the manner in which funds may be raised by means of shares or debentures or
                    otherwise;
(j)
conditions to be observed by a registered society applying for financial
                    assistance from government;
(k)
the payments to be made, the conditions to be complied with and the forms
                    of the bonds, instruments or other documents to be executed by members applying
                    for loans or cash credits, the period for which loans may be made or credits
                    granted, and the maximum amount which may be lent and the maximum credit which
                    may be allowed to individual members with or without the consent of the
                    Registrar;
(l)
the mode in which the value of a deceased member’s interest shall be
                    ascertained, and for the nomination of a person to whom such interest may be
                    paid or
                    transferred;
(m)
the mode in which the value of the interest of a member who has become of
                    unsound mind and incapable of managing himself or his affairs shall be
                    ascertained and the nomination of any person to whom such interest may be paid
                    or transferred;
(n)
formation and maintenance of reserve funds, and the objects to which such
                    funds may be applied, and investment of any funds under the control of any
                    registered society;
(o)
conditions under which profits may be distributed to the members of a
                    society with unlimited liability and the maximum rate of dividend which may be
                    paid by societies;
(p)
accounts and books to be kept by a registered society, and for the
                    periodical publication of a balance sheet showing the assets and liabilities of
                    a registered society;
(q)
audit of the accounts of registered societies and for the charges, if any,
                    to be made for such audit and the levy of contributions from all or any
                    registered societies to a fund to be used for the audit and supervision of
                    existing societies and co-operative propaganda and the administration of such a
                    fund;
(r)
returns to be submitted by registered societies to the Registrar, and the
                    persons by whom and the form in which the same are to be made;
(s)
the persons by whom, and the form in which, copies of entries in books of
                    registered societies may be certified;
(t)
formation and maintenance of a register of members, and, where the
                    liability of members is limited by shares, of a register of shares;
(u)
inspection of documents and registers at the Registrar’s office and the
                    fees to be paid therefor and the issue of copies of such documents or
                    registers;
(v)
the manner in which any question as to the breach of any by-law or contract
                    relating to the disposal of produce to or through a society may be determined,
                    and the manner in which the liquidated damages for any such breach may be
                    ascertained or assessed;
(w)
the mode of appointing an arbitrator or arbitrators and the procedure to be
                    followed in proceedings before the Registrar or such arbitrator or
                    arbitrators;
(x)
the procedure to be followed by a liquidator appointed under
section
                        41
and the cases in which appeals shall lie from the orders of such
                    liquidator;
(y)
forms and fees and the procedure to be observed and all other matters
                    connected with or incidental to the presentation, hearing and disposal of
                    appeals under this Ordinance or the rules.