PURPOSE AND SCOPE
1. The purpose of this code of ethics is to set forth standards to which the conduct of players, tournament directors, sponsors, and other individuals and entities participating in the affairs of the Hong Kong Memory Sports Council (HKMSC), including competitions and other activities sponsored by or sanctioned by the HKMSC, should conform; to specify sanctions for conduct that does not conform to such standards; and to specify the procedures by which alleged violations are to be investigated and, if necessary, the appropriate sanctions imposed.
2. The standards, procedures, and sanctions set forth in this code of ethics are not equivalent to criminal laws and procedures. Rather, they concern the rights and privileges of HKMSC membership, including, but not limited to, the privilege of participating in competitions, events, or other activities as a member of the HKMSC.
3. The standards, procedures, and sanctions set forth in this code of ethics shall apply only to: (A) actions and behaviour by members of the HKMSC that occur in connection with competitions or other activities sponsored by or sanctioned by the HKMSC; and (B) individuals and entities acting in an official capacity as officers or representatives of the HKMSC. Each member of the HKMSC and each participant in a HKMSC activity shall be bound by this code of ethics. (C) actions and behaviour of all memorisors, competitors, medal holders and champions participating in competitions anywhere in Hong Kong which are sanctioned and accredited by the HKMSC.
THE HKMSC ETHICS COMMITTEE
4. The HKMSC Ethics Committee is appointed in accordance with procedures consistent with the bylaws of the HKMSC. The committee exists to consider allegations of unethical conduct at or in connection with events sanctioned by the HKMSC, and allegations of unethical conduct involving the HKMSC and its activities, in accordance with the standards and procedures contained in this code. The committee will exercise all other duties as may be assigned by the Bylaws or by action of the HKMSC Board.
STANDARDS OF CONDUCT
The actions and behaviour of individuals participating in HKMSC activities, or in events sponsored by or sanctioned by the HKMSC, shall be lawful and in accordance with all HKMSC rules and regulations, and consistent with the principles of fair play, good sportsmanship, honesty, and respect for the rights of others.
6. Any HKMSC member may initiate procedures under this code of ethics by filing a complaint in a timely manner with the HKMSC Ethics Committee. In the case of any accusation that does not fall clearly under the “Standards of Conduct” above, the Ethics Committee shall have the authority to decide whether the alleged conduct is within the scope of the code of ethics. In the case of each alleged violation that is within the scope of the code of ethics, the following steps shall occur in a timely manner:
(a) A factual inquiry shall be made by the Ethics Committee, assisted as necessary by the HKMSC staff. Previous findings of the Ethics Committee or other HKMSC entities may be included among the evidence considered by the Ethics Committee, if relevant to the circumstances of the present case. As a part of such an inquiry, any person accused of unethical conduct shall have the right to examine the evidence against him or her, the right to respond to the accusation, and the right to produce written evidence in his or her behalf.
(b) Appropriate sanctions, if any, shall be recommended by the Ethics Committee. In recommending sanctions, the Ethics Committee may consider any previous ruling or finding of the Ethics Committee, or other HKMSC entity, pertaining to the past conduct of the person being sanctioned. In recommending sanctions, the person being recommended for sanctions must be informed of this fact. Any person against whom sanctions have been recommended shall be promptly notified.
(c) Except as specified in 6(e) recommended sanctions shall be deemed final unless appealed to the Executive Board by the person or persons upon whom the sanctions have been imposed, or upon the initiative of any member of the Executive Board. Such an appeal must be made within thirty days of the date that notification of recommended sanctions occurred, except that the Executive Board may extend the deadline for appeal if in its judgement an unavoidable delay in communications or other valid cause prevented a timely appeal. If an appeal has not been filed by the deadline the recommended sanctions shall be placed into effect.
(d) Upon appeal, a review of the facts and the appropriateness of the recommended sanction shall be undertaken by the Executive Board. The person against whom the sanction has been recommended, as well as the person filing the initial complaint, shall be given notice of the time and place the Executive Board will review the case. The person against whom the sanctions have been recommended shall have the right to appear before the Board and present evidence. In all appeals the recommended sanctions imposed by the Ethics Committee shall not be in effect until the appeal hearing is completed. The recommended sanctions shall be either confirmed, modified, or revoked by the Executive Board.
(e) If the person against whom sanctions have been recommended is a member of the HKMSC Executive Board, he or she may not appeal the sanctions to the Executive Board, but may appeal to the HKMSC Board of Delegates at its next scheduled meeting.
(f) If any member of the Ethics Committee or of the HKMSC Executive Board has a conflict of interest of any kind that might preclude objective participation in the consideration of any case, that person may not act in the capacity of a committee or board member on the case.
7. The following are some of the sanctions that may be imposed as a result of the procedures specified above. In unusual cases, other appropriate sanctions may be imposed, or these sanctions may be varied or combined.
(a) Reprimand. A determination that a member has committed an offence warranting discipline becomes a matter of record, but no further sanction is imposed at the time. A reprimand automatically carries a probation of at least three months, or longer if so specified. If the member is judged guilty of another offence during the probation, he or she is then liable to further sanctions for both offences.
(b) Censure. A determination that a member has committed a serious offence warranting discipline becomes a matter of record, but no further sanction is imposed at the time. Censure automatically carries a probation of at least one year, or longer if so specified. If the member is judged guilty of another offence during the probationary period, he or she is then liable to further sanctions for both offences.
(c) Suspended sentence with probation. A determination is made that the member has committed an offence warranting discipline. When the discipline is imposed and execution thereof suspended, such suspension shall include probation for at least six months longer than the discipline imposed. If the member is judged guilty of another offence during this period, unless otherwise decreed, the original discipline shall be added to such new discipline as may be imposed for the new offence.
(d) Suspension. Suspension is a determination that the member has committed an offence warranting abrogation, for a specified period of time, of all membership rights and privileges.
(e) Expulsion. Expulsion is a determination that a member has committed an offence warranting permanent abrogation of all membership rights and privileges. An expelled member may be readmitted to membership only by the HKMSC Executive Board or by the HKMSC Board
(f) Exclusion from events. This is a more selective determination that a member has committed an offence warranting abrogation of the right to participate in certain specified events or activities.
8. If the person being sanctioned is a member of the HKMSC Board, the Ethics Committee may recommend no sanctions other than censure or reprimand, but may also recommend to the Board other actions.
9. In the case of every sanction that involves suspension or expulsion, a member may not hold any office in the HKMSC or participate in any capacity in any event or activity sponsored by or sanctioned by the HKMSC.
10. The HKMSC administration office shall be informed in writing of all official determinations by the Ethics Committee, and shall record any recommendations of any sanctions. The HKMSC Business Office shall inform the Executive Board of any sanctions recommended.
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