第十六條 會員大會鬚有三分之二以上會員齣席方能召開,其決議鬚經到會會員半數以上錶決通過方能生效。
第十七条 会员大会每届三年。因特殊情况需提前或延期换届的,须由理事会表决通过,报业务主管单位审查并经社团登记管理机关批准同意,但延期换届最长不超过一年。
第十八条 理事会是会员大会的执行机构,在会员大会闭会期间领导本会开展日常工作,对会员大会负责。
第十九条 理事会的职权是:
(一)执行会员大会的决议;
(二)选举和罢免会长、副会长、秘书长、副秘书长及常务理事;
(三)筹备召开会员大会;
(四)向会员大会报告工作和财务状况;
(五)决定会员的吸收或除名;
(六)决定设立办事机构、分支机构、代表机构和实体机构;
(七)决定各机构主要负责人的聘任;
(八)领导本会各机构开展工作;
(九)制定内部管理制度;
(十)决定其他重大事项。
第二十条 理事会须有三分之二以上理事出席方能召开,其决议须经到会理事三分之二以上表决通过方能生效。
第二十一条 理事会每年至少召开1次会议,情况特殊的,也可采用通讯形式召开。
第二十二条 本会设立常务理事会,常务理事会由理事会选举产生,在理事会闭会期间行使第十九条第一、三、五、六、七、八、九项的职权,对理事会负责。常务理事会须有三分之二以上常务理事出席方能召开,其决议须经到会常务理事三分之二以上表决通过方能生效。
第二十三条 常务理事会至少半年召开一次会议,情况特殊的也可采用通讯形式召开。
第二十四条 本会的会长、副会长、秘书长必须具备下列条件:
(一)坚持党的路线、方针、政策,政治素质好;
(二)在本会业务领域内有较大影响;
(三)会长、副会长、秘书长最高任职年龄不超过65周岁,秘书长为专职;
(四)身体健康,能坚持正常工作;
(五)未受过剥夺政治权利的刑事处罚;
(六)具有完全民事行为能力。
第二十五条 本会会长、副会长、秘书长如超过最高任职年龄的,须经理事会表决通过,报业务主管单位审查并经社团登记管理机关批准同意后,方可任职。
第二十六条 本会会长、副会长、秘书长任期三年,连任不得超过两届。因特殊情况需延长任期的,须经会员大会三分之二以上会员表决通过,报业务主管单位审查并经社团登记管理机关批准同意后方可任职。
第二十七条 本会会长为本会法定代表人。如因特殊情况需由副会长或秘书长担任法定代表人,应报业务主管单位审查并经社团登记管理机关批准同意后,方可担任。本会法定代表人不兼任其他团体的法定代表人。
第二十八条 本会会长行使下列职权:
(一)召集和主持理事会、常务理事会会议;
(二)检查会员大会、理事会、常务理事会决议的落实情况;
(三)代表本会签署有关重要文件;
(四)统筹本会的各项工作和活动,推动本会的发展。
第二十九条 本会秘书长行使下列职权:
(一)主持办事机构开展日常工作,组织实施年度工作计划;
(二)协调各分支机构、代表机构、实体机构开展工作;
(三)提名副秘书长以及各办事机构、分支机构、代表机构和实体机构主要负责人,交理事会或常务理事会决定;
(四)决定办事机构、代表机构、实体机构专职工作人员的聘用;
(五)负责本会的财务管理和经费收支,编制财务预算和决算报告;
(六)处理其他日常事务。
第五章 经费及资产管理
第三十条 本会经费来源:
(一)会费收入;
(二)捐赠收入;
(三)政府资助;
(四)在核准的业务范围内开展活动或服务的收入,如举办培训课程、展览、比赛等收费;
(五)利息收入;
(六)其他合法收入。
第三十一条 本会按照国家有关规定收取会员会费,会费标准须经会员大会审议通过,并报社团登记管理机关备案。
第三十二条 本会经费必须用于本章程规定的业务范围和事业发展,包括但不限于电影和电视活动组织、创作扶持、人才培养、行业调研、会员服务、办公场地租赁、设备购置、水电费支出等方面,不得在会员中分配。
第三十三条 本会建立严格的财务管理制度,保证会计资料合法、真实、准确、完整。配备具有专业资格的会计人员,会计不得兼任出纳。会计人员必须进行会计核算,实行会计监督。会计人员调动工作或离职时,必须与接管人员办清交接手续。
第三十四条 本会的资产管理必须执行国家规定的财务管理制度,接受会员大会和财政部门的监督。资产来源属于国家拨款或者社会捐赠、资助的,必须接受审计机关的监督,并将有关情况以适当方式向社会公布。
第三十五条 本会换届或更换法定代表人之前必须进行财务审计。
第三十六条 本会的资产,任何单位、个人不得侵占、私分和挪用。
第三十七条 本会专职工作人员的工资和保险、福利待遇,参照国家对事业单位的有关规定执行。
第六章 章程的修改程序
第三十八條 對本會章程的修改,鬚經理事會錶決通過後報會員大會審議。
第三十九條 本會修改的章程,鬚在會員大會通過後 15 日內,經業務主管單位審查同意,并報社團登記管理機關核準後生效。
第七章 終止程序及終止後的財產處理
第四十條 本會完成宗旨或自行解散或由於分立、合并等原因需要注銷的,由理事會提齣終止動議。
第四十一條 本會終止動議鬚經會員大會錶決通過,并報業務主管單位審查同意。
第四十二條 本會終止前,鬚在業務主管單位及有關機關指導下成立清算組織,清理債權債務,處理善後事宜。清算期間,不開展清算以外的活動。
第四十三條 本會經社團登記管理機關辦理注銷登記手續後即爲終止。
第四十四條 本會終止後的剩餘財產,在業務主管單位和社團登記管理機關的監督下,按照國傢有關規定,用於發展與本會宗旨相關的電影和電視事業,如捐贈給相關的電影電視學校、影視創作基地、影視文化遺產保護項目等。
第八章 附則
第四十五條 本章程經會員大會錶決通過。
第四十六條 本章程的解釋權屬本會理事會。
第四十七條 本章程自社團登記管理機關核準之日起生效。
Articles of Association of Hong Kong Film and Television Producers
Chapter 1 General Provisions
Article 1 The name of this association is the Hong Kong Film and Television Artists Association (hereinafter referred to as "this Association").
Article 2 This Association is a professional, non-profit social organization voluntarily composed of professionals, practitioners, enthusiasts and related institutions and groups in the fields of film and television in the Hong Kong Special Administrative Region. It aims to promote the prosperity and development of the Hong Kong film and television industry, facilitate exchanges and cooperation within the industry, enhance the quality and influence of Hong Kong film and television works, safeguard the legitimate rights and interests of members and contribute to the development of the cultural and artistic undertakings in Hong Kong.
Article 3 This Association complies with the Constitution of the People's Republic of China, the Basic Law of the Hong Kong Special Administrative Region and relevant laws and regulations in Hong Kong, and conducts various activities and manages affairs in accordance with the principles of fairness, justice and openness.
Chapter 2 Tasks
Article 4 Organize various training, lectures, seminars and academic exchange activities in film and television creation, production and performance, invite senior industry experts, scholars and outstanding practitioners to share experiences, impart techniques and discuss industry development trends, improve the professional qualities and creative abilities of members, and promote the innovation and development of Hong Kong film and television art.
Article 5 Hold exhibitions, screenings and competitions of film and television works to provide a platform for members to display their works, promote mutual learning and exchanges among members, discover and promote outstanding film and television works and talents, and at the same time disseminate Hong Kong film and television culture to the public to improve the public's film and television appreciation level and cultural literacy.
Article 6 Strengthen contacts and cooperation with domestic and foreign film and television industry organizations, institutions, groups and individuals, organize members to participate in international and domestic film and television exchange activities such as film festivals, television festivals and co-production project negotiations, promote the integration of Hong Kong film and television with the international community, expand the international market and development space of the Hong Kong film and television industry, and enhance the international popularity and influence of Hong Kong film and television.
Article 7 Pay attention to industry trends and member needs, actively carry out industry research and information collection, provide members with information services in industry news, market trends, policies and regulations, etc., help members understand the current situation and trends of industry development, seize market opportunities and meet various challenges; at the same time, represent members to reflect industry demands and opinions to relevant government departments and industry institutions, safeguard the legitimate rights and interests of members and strive for more development opportunities and resources for members.
Article 8 Be committed to promoting the standardized and professional development of the Hong Kong film and television industry, formulate and improve industry standards, codes of professional ethics and other self-regulatory documents and supervise members to comply with them, create a healthy, orderly and fair competition industry environment; strengthen the awareness of film and television copyright protection, carry out publicity, education and rights protection activities related to copyright protection and safeguard the intellectual property rights of the industry.
Chapter 3 Members
Article 9 The members of this Association are divided into individual members and group members.
Article 10 An individual who applies to join this Association must meet the following conditions:
(1) Support the constitution of this Association;
(2) Engage in professional work such as directing, screenwriting, acting, cinematography, editing, production, art design, sound recording, lighting, makeup, costume, props, post-production, etc. in the field of film or television, with certain professional skills, practical experience or artistic achievements; or have made certain contributions in film and television research, criticism, education, publicity, distribution, screening, etc.; or love the film and television cause and actively participate in film and television related activities with certain influence;
(3) Be recommended by two members of this Association, submit personal resume, representative works or relevant achievement materials, and be approved by the council before becoming an individual member of this Association.
Article 11 A group that applies to join this Association must meet the following conditions:
(1) Support the constitution of this Association;
(2) Film production companies, television production agencies, film and television distribution
companies, cinema lines, film and television training institutions, film and television research
institutions, film and television industry associations, film and television associations and other
film and television related enterprises or social organizations that have a certain scale,
organizational structure and business activities capacity, Actively carry out film and television
creation, production, distribution, projection, training, research, exchange and other activities;
(3) Submit the group registration certificate, organizational structure, business scope, activity plan and summary and other relevant materials, after the council review and approval, become a group member of the Association, its members can apply for individual membership in accordance with the association's articles of association.
Article 12 Members shall enjoy the following rights:
(1) The right to vote, to stand for election and to vote;
(2) To participate in various activities organized by the Association, including training, lectures,seminars, exhibitions, competitions, exchange activities, etc.;
(3) Access to services and support provided by the Association, such as industry information, professional consultation, legal aid, project recommendation, talent promotion, etc.;
(4) To criticize, suggest and supervise the work of the Association;
(5) Give priority to the use of film and television resources and facilities of the Association (if any);
(6) Membership is voluntary and withdrawal is free.
Article 13 Members shall perform the following obligations:
(1) Abide by the articles of Association and implement the resolutions of the Association;
(2) Safeguard the legitimate rights and interests and reputation of the Association;
(3) Actively participate in the activities organized by the Association and complete the tasks assigned by the Association;
(4) To pay membership dues on time;
(5) To provide film and television works, information and other resources to support the development and construction of the Association.
Article 14 If a member violates the articles of Association or other bad behaviors, he/she may be given a warning, suspension of membership, cancellation of membership and other punishments after discussion and decision of the Board of Directors.
Chapter IV Organization
Article 15 The supreme authority of this Council shall be the General Assembly. The functions and powers of the General Assembly shall be:
(1) To formulate and amend the articles of association;
(2) To elect or remove members of the council;
(3) To examine the work report and financial report of the Board of directors;
(4) To decide on the working policies, tasks and major issues of the Council;
(5) To formulate and revise the standards of membership dues;
(6) To decide on termination matters and other major matters.
Article 16 A general meeting of the members shall be convened only when two-thirds or more of the members are present, and its resolutions shall take effect only when voted by more than half of the members present.
Article 17 The General Assembly shall be held for Three years. If a change needs to be advanced or postponed due to special circumstances, it shall be approved by the board of directors by vote, submitted to the competent business unit for examination and approved by the registration and administration of societies, but the extension of the change shall not exceed one year.
Article 18 The council is the executive body of the general Assembly, which leads the daily work of the Association and is responsible to the general Assembly when the general Assembly is not in session.
Article 19 The functions and powers of the Council are as follows:
(1) To implement the resolutions of the general Assembly;
(2) To elect and remove the president, vice President, Secretary-General, deputy Secretary-General and executive director;
(3) To prepare for the convening of the general meeting of members;
(4) To report its work and financial situation to the general assembly;
(5) To decide on the admission or expulsion of members;
(6) To decide on the establishment of offices, branches, representative offices and entity offices;
(7) To decide on the appointment of the principal heads of the institutions;
(8) To lead the work of various organs of the Council;
(9) To formulate internal management system;
(10) To decide on other major matters.
Article 20 The council shall be convened only when two-thirds or more of its members are present, and its resolution shall take effect only when it is approved by two-thirds or more of the members present.
Article 21 The Board of Directors shall convene at least 1 meeting every year, and may also be convened by means of correspondence under special circumstances.
Article 22 The Council shall establish a Standing Council, which shall be elected by the Council and shall exercise the functions and powers of item 1, 3, 5, 6, 7, 8 and 9 of Article 19 when the Council is not in session and shall be responsible to the Council. The Standing Council shall be convened only when two-thirds or more of its executive directors are present, and its resolutions shall take effect only when voted by two-thirds or more of the executive directors present.
Article 23 The meeting of the Standing Council shall be held at least once every six months, and may also be convened by means of correspondence under special circumstances.
Article 24 The President, vice president and Secretary General of the Council must meet the following requirements: (1) Adhere to the Party's line, principles and policies, and have good political quality;
(2) Have a greater influence in the business field of the Association;
(3) The maximum age of the president, vice president and Secretary General shall not exceed 65 years, and the Secretary general shall be full-time;
(4) Be in good health and able to work normally;
(5) Having not received criminal punishment for deprivation of political rights;
(6) It has full capacity for civil conduct.
Article 25 If the president, vice president and secretary general of the Association are above the maximum age for holding office, they can take office only after being voted by the Council, reported to the competent business unit for examination and approved by the registration and administration authority of the association.
Article 26 The term of office of the President, vice president and Secretary General of the Association shall be 3 years, and the re-election shall not exceed two terms. If the term of office needs to be extended due to special circumstances, it shall be voted by more than two-thirds of the members of the general assembly, submitted to the competent business unit for examination and approved by the registration and administration authority of the association before taking office.
Article 27 The President shall be the legal representative of the Association. If it is necessary for the vice president or the secretary-general to act as the legal representative due to special circumstances, he can only act after being examined by the competent business unit and approved by the registration and administration authority of the association. The legal representative of the Association shall not concurrently serve as the legal representative of other organizations.
Article 28 The President of the Association shall exercise the following powers:
(1) To convene and preside over meetings of the Council and the Standing Council;
(2) To inspect the implementation of the resolutions of the General Assembly, the Board of Directors and the Standing Board of Directors;
(3) To sign relevant important documents on behalf of the Council;
(4) To co-ordinate the work and activities of the Association and promote the development of the Association.
Article 29 The Secretary-General of the Council shall exercise the following functions and powers:
(1) To preside over the daily work of the office and organize the implementation of the annual work plan;
(2) To coordinate the work of branches, representative offices and entity offices;
(3) To nominate deputy secretaries-general and principal heads of offices, branches, representative offices and entities and submit them to the Council of Governors or the Standing Council for decision;
(4) To decide on the employment of full-time staff members of administrative offices, representative offices and entities;
(5) To be responsible for the financial management of the Council, the revenue and expenditure of funds, and the preparation of financial budgets and final accounts reports; (vi) to handle other daily affairs.
Chapter V Administration of Funds and Assets
Article 30 Sources of funds of the Association:
(1) Income from membership dues;
(2) Income from donations;
(3) Government subsidies;
(4) Income from activities or services carried out within the approved scope of business, such as fees for holding training courses, exhibitions and competitions;
(5) Interest income;
(6) Other lawful income.
Article 31 The Association shall collect membership dues in accordance with the relevant regulations of the State. The membership dues standard shall be reviewed and approved by the general Assembly and submitted to the registration and administration authority of the association for the record.
Article 32 The funds of the Association shall be used for the business scope and career development stipulated in the Articles of Association, including but not limited to film and TV activity organization, creative support, talent training, industry research, member services, office space rental, equipment purchase, water and electricity expenses, etc., and shall not be distributed among the members.
Article 33 The Association shall establish a strict financial management system to ensure that the accounting information is legal, true, accurate and complete. It shall be equipped with accounting personnel with professional qualifications, and accountants shall not concurrently serve as cashiers. Accountants must conduct accounting and exercise accounting supervision. When an accountant is transferred to another job or leaves office, he must complete the handover formalities with the receiver.
Article 34 The assets management of the Association must implement the financial management system prescribed by the state, and accept the supervision of the general assembly and the financial department. If the source of assets belongs to the state appropriation or social donation or subsidy, it must accept the supervision of the audit institution, and the relevant information shall be announced to the society in an appropriate way.
Article 35 The financial audit shall be conducted before the change of the term of office or the change of the legal representative.
Article 36 The assets of the Association shall not be appropriated, privately divided or misappropriated by any unit or individual.
Article 37 The salary, insurance and welfare benefits of the full-time staff of the Council shall be implemented with reference to the relevant regulations of the State for public institutions.
Chapter VI Procedures for amending Articles of Association.
Article 38 Amendments to the Articles of Association shall be submitted to the General Assembly for deliberation after being approved by the Board of Directors.
Article 39 The amended articles of Association shall come into effect after being examined and approved by the competent business unit and submitted to the registration administration of societies for approval within 15 days after the adoption by the general Assembly.
Chapter VII Termination procedures and disposal of property after termination
Article 40 If the Association completes its purpose or dissolves itself or needs to be cancelled due to division, merger or other reasons, the Council shall put forward a motion for termination.
Article 41 The motion for termination of the Council shall be passed by the general assembly and submitted to the competent business unit for examination and approval.
Article 42 Before the termination of the Association, it shall set up a liquidation organization under the guidance of the competent business unit and relevant authorities to clear up creditor's rights and debts and deal with the subsequent matters. During the liquidation period, no activities other than liquidation shall be carried out.
Article 43 The Association shall terminate after the registration cancellation formalities are handled by the association registration administration authority.
Article 44 The remaining property after the termination of the Association shall, under the supervision of the competent business unit and the registration and administration authority of the association, be used for the development of film and television undertakings related to the purpose of the Association in accordance with the relevant provisions of the State, such as donation to the relevant film and television schools, film and television creation bases, film and television cultural heritage protection projects, etc.
Chapter VIII Supplementary Provisions Article 45 These Articles of Association shall be adopted by vote at the General Assembly.
Article 46 The right to interpret these Articles of Association belongs to the Board of Directors.
Article 47 The Articles of association shall take effect as of the date of approval by the registration and administration authority of the association.