Constitution

Constitution of the Hong Kong Student Law Gazette

FOREWORD

These articles were drafted and approved in September 2012 by the Editorial Board of the Hong Kong Student Law Gazette.

ARTICLE 1 – ORGANIZATION

Section 1.  The name of this organization shall be the Hong Kong Student Law Gazette (the “Gazette”).

Section 2.  The key purposes of the Gazette are:

  1. To showcase the research, writing abilities and interests of CUHK law students.
  2. To encourage CUHK law students to engage in key legal issues and keep abreast of legal developments.
  3. To foster dialogue between CUHK law students and the wider legal community (including but not limited to legal scholars, practitioners, community leaders and judges).
  4. To contribute to legal scholarship by addressing important legal and social issues.

Section 3.  The key purposes shall be achieved by publishing a journal at least twice (2) each academic year.

Section 4. The Gazette and all articles published by the Gazette will pursue the principles of truthfulness, fairness, integrity, independence and accountability.

Section 5.  The Gazette Constitution may be amended by the Editorial Board when necessary, subject to a two-third (2/3) majority vote.

Section 6.  Any Member of the Editorial Board may propose an amendment to the Gazette Constitution.  The proposal shall be submitted to all Board Members prior to a meeting for discussion purposes. Amendments may be voted on at regular or special meeting.

ARTICLE 2 – MANAGEMENT

Section 1.  The Editorial Board shall be responsible for directing, managing, supervising and controlling matters relating to Gazette publication, business, property and funds and to do all other things necessary and proper to carry out the purposes of the Gazette.

Section 2.  The Editorial Board shall consist of an Editor-in-Chief and at least two (2) Editors.

Section 3.  Each Member of the Editorial Board shall have one (1) vote.
Section 4.  An Executive Board Member shall not proxy their vote to another Member or non-Member.  An Executive Board Member cannot receive a proxy from another Member.

Section 5.  A decision among the Editorial Board Members shall pass with a majority of votes in support, unless otherwise specified in this Constitution.

Section 6.  Voting can take place either at a meeting, through e-mail or any other method approved by the Editorial Board.

Section 7.  The Editor-in-Chief shall retain veto power in any decision (except a decision to remove the Editor-in-Chief).  The Editor-in-Chief’s veto decision may be overturned by a two-third (2/3) majority vote of the Editorial Board.

Section 8.  The Editor-in-Chief shall be responsible for:

  1. Presiding over Gazette Editorial Board meetings and votes.
  2. Overseeing the implementation of all Gazette policies and initiatives.
  3. Overseeing the Gazette Editorial Board Members’ performance of their responsibilities.
  4. Keeping a copy of the latest Gazette Constitution and ensuring the latest version is publicly available.
  5. Selecting other Members of the Editorial Board (see Article 3, Section 5).

Section 9.  The Editorial Board shall be responsible for:

  1. Setting the editorial direction of the Gazette.
  2. Calling for article submissions from registered CUHK law students at the beginning of each Fall and Spring semester.
  3. Selecting articles for publication.
  4. Implementing a rigorous editorial process to sharpen and strengthen the substance and tone of all articles for publication.
  5. Procuring sponsorship of the Gazette.
  6. Acting as the official liaison of the Gazette to organizations and parties external to the university and Law faculty.
  7. Securing a Faculty advisor if necessary or desired.
  8. Selecting the Editor-in-Chief for the following academic year (see Article 3, Section 3).

ARTICLE 3 – SELECTION OF EDITORIAL BOARD MEMBERS

Section 1.  All Members of the Editorial Board must be pursuing postgraduate degrees in Law at the Chinese University of Hong Kong Faculty of Law.
Section 2.  To be considered for a position on the Editorial Board, the candidate

  1. Must be a currently registered postgraduate student of the Chinese University of Hong Kong Faculty of Law.
  2. Will be a registered postgraduate student of the Chinese University of Hong Kong Faculty of Law for the entire upcoming Faculty year.

Section 3.  A meeting of the Editorial Board shall be called at the end of each spring semester to jointly select the next Editor-in-Chief.  This will be conducted through a secret ballot and the votes shall be counted at the meeting.

Section 4.  A two-third (2/3) majority vote of the Editorial Board is required to select the next Editor-in-Chief.  Where a two-third (2/3) majority vote is unmet, the Editorial Board shall continue to vote until a two-third (2/3) majority vote is met.

Section 5.  The new Editor in Chief shall be appointed within one (1) week of the meeting laid out in Section 3.

Section 6.  Upon the appointment of the next Editor-in-Chief, there shall be a one (1) month transition period in which

  1. The new Editorial Board is selected
  2. Bank accounts, society registrations and any other instrument of the Gazette are transferred to the new Board.

Section 7.  At the end of the transition period laid out in Section 6, the outgoing Editorial Board shall resign and the incoming Editorial Board appointed.
Section 8.  The newly appointed Editor-in-Chief is responsible for calling for applications for the Editorial Board.  He/she is responsible for assessing applications of candidates (which may include writing samples and interviews).

Section 9.  New Board Members will be selected by the new Editor in Chief, with the outgoing Editorial Board retaining veto power.

Section 10.  If the Editor-in-Chief resigns or otherwise vacates the position during his/her term, the remaining Editorial Board Members shall select a new Editor-in-Chief with a two-third (2/3) majority vote.

Section 11. Unless a Member

  1. Severs relation with the University, or
  2. Resigns from his formal position in accordance with the procedure provided in Section 12,

his/her Membership shall be retained until the new Editorial Board has been selected.

Section 12. A Member of the Editorial Board may resign at the end of each semester by submitting a written notice of resignation to all Members of the Editorial Board.

ARTICLE 4 – FINANCES

Section 1. The Editor-in-Chief, or any Member of the Editorial Board approved by a two-third (2/3) majority of the Editorial Board, shall be responsible for:

  1. Preparing and submitting a budget for the Editorial Board’s approval.
  2. Presenting a detailed financial report of the Gazette’s revenues and expenditures to the Editorial Board at the end of their term in their respective position.
  3. Overseeing the financial operations of the Gazette including maintaining an accurate and complete record of all financial transactions.
  4. Receiving and keeping financial records from all Members of the Editorial Board whose responsibilities include the handling of moneys.
  5. Paying all accounts, under the direction of the Gazette Editorial Board.
  6. Making timely deposits of all revenue into the specified Gazette bank account within 72 hours of receipt, unless the Editorial Board approves an exemption.
  7. Providing a signature on all withdraws from the Gazette bank account for expenses and reimbursements.
  8. Presenting the financial books of the Gazette for audit by a recognized auditor at the end of the term of office if requested to do so.

Section 2.  Editorial Board Members making purchases on behalf of the Gazette shall be reimbursed provided:

  1. The purchase received prior written approval from the Editorial Board, and
  2. A receipt of the purchase is provided to the Editor-in-Chief or approved Member of the Editorial Board as laid out in Section 1.

Section 3.  Funds received by the Gazette are to be used primarily for the purposes stated in Article 1, Sections 2 and 3.  Excess funds may be used to organize educational, enrichment, and social events for the benefit of all CUHK postgraduate law students.
Section 4.  Funds and properties received by the Gazette shall not be distributed amongst Members of the Editorial Board, except under Section 2.

Section 5.  If the Gazette is dissolved, remaining assets shall be donated to other charities.

ARTICLE 5 – DISCIPLINARY PROCEEDINGS

Section 1.  A Member of the Editorial Board may be removed if found to be:

  1. In violation of the principles and standards of the organization.
  2. Negligent in their performance of prescribed responsibilities
  3. Willfully impeding the progress of the organization.

Section 2. Any Member of the Editorial Board may propose a disciplinary proceeding. The proposal shall be supplied to all Members of the Editorial Board prior to a meeting. The disciplinary decision shall be voted on at regular or special meetings.

Section 3.  A decision to remove the Editor-in-Chief requires a unanimous vote of the Editorial Board (excluding the Editor-in-Chief).

Section 4.  A decision to remove any other Member of the Editorial Board requires a two-third (2/3) majority vote of the Editorial Board.

Section 5.  A meeting must be called to vote to remove any Member of the Editorial Board.  This meeting requires full attendance of the Editorial Board.

Section 6. If a Member of the Editorial Board is removed, his or her term duties and responsibilities are terminated immediately.