Cap. 50activeordinance

Professional Accountants Ordinance

專業會計師條例

Full legislation

s.8

Power of Institute to make by-laws

(1)
The Institute may, subject to the approval of the Chief Executive in Council, make
by-
laws—
(Amended
31 of 1999 s. 3
;
23 of 2004 s. 54
)
(a)
(Repealed
41 of 2021 s. 110
)
(b)
(Repealed
22 of 1977 s. 3
)
(c)
regulating meetings of the Institute and the Council;
(d)
governing the registration, training and education of students;
(Amended
22 of 1977 s. 3
)
(e)
governing the discipline of students;
(f)
empowering the Council to make rules prescribing examinations of the
                    Institute, the fees payable therefor and all matters incidental to the holding
                    thereof including exemptions or concessions which may be granted in respect of
                    the examinations;
(Amended
22 of 1977 s. 3
)
(g)
regulating the conditions on which examiners shall be engaged;
(h)
regulating the appointment of an auditor;
(i)
providing for the use and custody of the common seal of the Institute;
(j)
providing for the custody, investment and expenditure of the funds and the
                    management of property of the Institute;
(Amended
23 of 2004 s. 54
)
(k)
(Repealed
14 of 1985 s. 2
)
(l)
specifying the designations for certified public accountants and the
                    initials by which certified public accountants may be known;
(Amended
23 of 2004 s. 54
)
(la)
providing for the admission of persons as affiliates of the Institute and
                    specifying the designations for such affiliates and the initials by which such
                    affiliates may be known;
(Added
23 of 2004 s. 8
)
(m)
(Repealed
22 of 1977 s. 3
)
(n)
subject
                    to
sections 4(1)
and
13(2)
, providing for the procedure
                    for the nomination and election of the President, Vice-Presidents and elected
                    members;
(Replaced
9 of 2022 s. 5
)
(o)
conferring on members of the Council and employees and auditors of the
                    Institute a right of indemnity against the Institute for actions brought against
                    them for things done by them in the execution of the Ordinance;
(Amended
23 of 2004 s. 54
)
(oa)
providing for and regulating the provision and retention of information,
                    the giving of any notice and communication, the election of any person, the
                    voting on any matter, the signature of any person, under or pursuant to this
                    Ordinance, by electronic means;
(Added
23 of 2004 s. 8
)
(p)
prescribing anything which is to be or may be prescribed by the Ordinance;
(q)
generally for the better carrying into effect of the purposes of this Ordinance and for the furtherance of the objects of the Institute.
(2)
A copy of any by-laws made by the Institute shall, as soon as practicable after
                the making thereof, be duly certified by the President and transmitted by him for
                the approval of the Chief Executive in Council.
(Amended
L.N. 137 of
                        1981
;
31 of 1999 s. 3
)
(3)
A by-law under subsection (1) may be made only by a majority of two-thirds of
                the certified public accountants present in person or by proxy and voting at a
                general meeting of the Institute convened for the purpose of making the by-laws.
                Notice of such meeting and of the by-laws to be proposed thereat shall be sent to
                every certified public accountant not less than 21 days before the date fixed for
                the meeting, but the non-receipt of such a notice by any certified public accountant
                shall not invalidate the proceedings thereat.
(Amended
22 of 1977 s. 3
;
23 of 2004 s. 8
)
(4)
(Repealed
32 of 2000 s. 48
)