Constitution of Asia Crime Prevention Foundation (Came into force on 1 7 February 1982 and partially amended on June 1991 and 1 March 1992)Chapter I Name and Office (Name)
Article l. This Foundation shall be called "Asia Crime Prevention Foundation".
(Office)
Article 2. The Foundation' central office is located at Suite 11, 16th floor. Sunshine 60 Building, 3 Chome, 1 Banchi, 1st Block. Higashi-lkebukuro, Toshimaku. Tokyo. Japan.
Chapter II Objective and Activities (Objective)
Article 3. The Foundation, by way of conducting survey. research, training and other programmes on the ground of solidarity and mutual co-operation among the persons concerned with criminal justice system in countries of the Asian region in particular, aims at contributing to the enhancement of effective measures for crime prevention and the treatment of offenders in those countries, thus pursuing the ultimate goal of peace and stability in the world.
(Activities)
Article 4. The Foundation shal1 undertake the following activities to fulfil the objective mentioned in the preceding Article:
(1 ) to organize or assist in organizing public lectures. training sessions. symposia, seminars. and other meetings concerning research. training and public enlightenment in connection with crime prevention and the treatment of offenders;
(2) to conduct, assist or encourage such activities as survey. research and related activities in the field of crime prevention and the treatment of offenders;
(3) to send. invite or assist in sending or inviting the researchers and experts in the field of crime prevention and the treatment of offenders, regardless of their place of living;
(4) to evaluate and to assist in evaluating the effectiveness of training prorammes for the personnel concerned with the criminal justice system in the countries of the Asian region in particular and also to undertake and to assist in undertaking survey and research aimed at identifying measures to improve these training prgrammes;
(5) to foster the organizations consisting of the personne] concerned with the criminal justice system in the countries of the Asian region in particular and to subsidize the activities of such organizations;
(6) to assist the activities of those who work for the rehabilitation of offenders mainly in Japan;
(7) to publish, exchange and distribute the documents and source materials concerning crime and criminal justice mainly in Asia in addition to the publication of its journals;
(8) to collaborate and cooperate with other related organizations both inside and outside of Japan;
(9) to conduct those activities incident to those mentioned in each paragraph above-mentioned.
Chapter III Assets and Accounts (Assets)
Article 5. Assets of the Foundation shall consist of the fol]owing:
(1) Funds donated at the time of its establishment;
(2) Funds donated after its establishment;
(3) Proceeds generated from the assets;
(4) Income derived from its activities;
(5) Membership dues, grants-in-aids, contributions and other income.
(Type of Funds )
Article 6. Assets of the Foundation shall be categorized as either principai funds or ordinary funds.
2. Principal funds shall consist of the following:
(1) Funds donated on condition that the same shall be included as part of principal funds:
(2) Funds for which the Board of Directors has decided to be added to the principal funds.
3. Ordinary funds are those which are not included in the principal funds.
(Disposal of Principal Funds)
Article 7. Principal funds shall not be given. exchanged. consumed, loaned. or put up as security, except when through unavoidable circumstances. two-third of the current incumbent Directors of the Board have agreed thereof and the approval therefor has been given by the competent authorities in charge of the supervision of the Foundation.
(Expenditure on the Activities)
Article 8. Expenses of running the Foundation shall be paid by the ordinary funds.
(Control of Assets)
Article 9. Assets of the Foundation shall be controlled by the Chairman of the Board of Directors in the manner provided by the Board.
2. Cash in the principal funds shall be deposited in the account of either postal office or prominent banks, or placed with a trust company, or kept in the form of government bonds or safe securities.
(Plan of Activities. Budget, Achievements and Balance Sheet)
Article 10. The plan of activities and budget in each fiscal year shall be fixed by the decision of the Board of Directors in advance of the beginning of the corresponding year.
2. The Board of Directors shall submit, together with the statement of existing total assets as of the end of the fiscal year, the achievement of activities and the balance sheet, within a month after the end of each fiscal year, to the Auditors for his auditing and approval.
(Special Accounts )
Article 11. The Foundation, according to the decision of the Board of Directors is authorized to open a special account to be used for engaging in a business for gains.
2. The special account referred to above shall be appropriated in the annual budget provided for in the preceding Article.
(Use of the Proceeds)
Article 12. Proceeds or surplus from the specia] account provided for in the preceding Article shall be transferred to either principal or ordinary funds.
(Fiscal Year)
Article 13. Each fiscal year of the Foundation shal] start on the first day of April and end on the thirty first day of March in the fo]lloing year.
Chapter IV Officers and Employees (Officers)
Article 14. The Foundation shall have the following of offenders:
(1) Directors: their number shall be fifteen or more but not more than twenty five (including one President, several Vice-Presidents, and one Chairman of the Board of Directors):
(2) several Members of the Council:
(3) auditors: not more than two.
(Election of Officers)
Article 15. Directors and Auditors shall be appointed by the President of the Foundation on the recommendation of the Board of Directors.
2. President. Vice-Presidents and Chairman of the Board of Directors shall be elected from among Directors.
3. Members of the Council shall be appointed by the President on the recommendation of the Board of Directors.
4. A Director shall not be appointed concurrently to a Member of the Council and vice versa and an Auditor shall not hold any other position of the Officer of the Foundation.
(Responsibility of Officers)
Article 16 The President shal1 represent the Foundation and supervise the business of the Foundation.
2. The Vice-President shall assist the President in his function.
3. The Chairman of the Board of Directors shall be in charge of the business of the Foundation at the command of the President and act on behalf of the President when he is unable to perform his function or when the post is vacant.
4. The Directors, constituting the Board of Directors, shall assume the responsibility of the management of the Foundation.
5. The Members of the Council shall constitute the Council and give advice to the Chairman of the Board of Directors as requested by the Board on matters related to the operation and other important issues of the Foundation.
6. The Auditor shall perform the function provided for in Article 59 of the Civil Code of Japan.
(Term of Office of the Officers)
Article 17. The Officers shall hold office for two years provided that they may be reappointed for the same position.
2. Those Officers who are appointed as a result of either supplementary appointment or increase of the number of officers may hold the office for the remaining terms of their predecessors or incumbent officers, respectively.
3. Former Officers shall continue in their respective position even after their resignation from office or the expiration of their term until their successors actually take office.
(Advisory Scientific and Professional Council)
Article 17-2 The Foundation shal1 set up the Advisory Scientific an Professional Council, consisting of several Advisory Scientific Councillors. for the purpose of giving advice upon the request from the Board of Directors an those matters of importance, administrative or otherwise, connected with the academic and professional fields.
2. The Advisory Scientific Councillors shall be entrusted by the President on the recommendation of the Board of Directors. The Advisory Scientific Councillors shall hold office for two years provided that they may be reappointed for the same position.
3. The meeting of the Advisory Scientific and Professional Council shall be convened as requested by the Board of Directors. The chairman of the meeting shall be elected each time from among the Councillors attending the meeting.
4. Article 21 of the present Constitution shall be applied mutatis mutandis to the meeting of the Advisory Scientific and Professional Council.
(Advisors and Consultants)
Article 18. The Foundation may set up the posts of Advisors and Consultants.
2. The Advisors and Consultants sha]1 be entrusted bv the President on the recommendation of the Board of Directors.
3. The Advisors and Consultants shall give advice to the President as requested on those important issues for the Foundation.
(Employees)
Article 19. The Foundation may take necessary persons into employment.
2. The Employees of the Foundation shall be appointed and dismissed by the Chairman of the Board of Directors and perform such assignments as specified by him.
Chapter V Meetings (Convening of the Board of Directors)
Article 20. A meeting of the Board of directors may be convened at any time by the Chaiman whenever he deems it necessary.
2. In case that a meeting is requested by one-third or more of the Directors or by Auditors and the request is accompanied by a specific agenda items to be decided upon at the meeting., the Chairman shall convene the Board's meeting within thirty days after such request has been made.
(Quorum for the Meeting)
Article 21. No debates and decisions can be made at the meeting unless a simple majority of the incumbent membership of the Board is present. However, it is to be noted that those members who have submitted in advance their views on the items of the agenda in writing or who have tendered the proxies to other members shall be counted as present in this respects.
2. All matters shall be decided upon, unless otherwise stipulated in this Constitution, by majority of those present and voting (including those members to be counted as present under the preceeding sub-section). In case of a tie, the chairman shall decide the issue.
(Matters to be Discussed and Decided Upon by the Meeting of the Board of Directors)
Article 22. Otherwise specified elsewhere in the present Constitution, the following matters shall be discussed and decided upon by the meeting of the board of Directors.
(1)The matters to be concerned with the promulgation, amendments and the repeal of any by-laws.
(2)The matters to be concerned with the establishment of the branch of the Foundation, both inside and outside of Japan, which is considered to be necessary for strengthening the activities spelled out in Article 4 as well as the matters concerning its basic organizational structure and its management.
(3)The matters to be concerned with the convening of the meeting of International Board of Directors empowered to debate on the important issues of international cooperation which is necessary for attaining the objective spelled out in Article 3 as well as the matters concerning the specific issue among those which have been decided by the International Board of Directors but which involves extraordinary expenditure.
(4)The matters to be concerned with the ad hoc conventions such as General Meeting of the members of the Foundation, the Meeting of the head of its branches and other international meetings.
(5)Any other specific issues refereed to it by the President for discussion and decision by the Board of Directors.
(Council Meeting)
Article 23. The meeting of the Council shall be convened bas requested by the Board of Directors.
2. The Chairman of the Council shall be elected from among the Members of the Council at the beginning of the meeting each time.
3. Article 21 of the present Constitution shall be applied mutatis mutandis to the meeting of the Council.
Chapter VI Membership (Categories of Membership)
Article 24. The Foundation shall have the following membership:
(1)Ordinary members: an individual who becomes a member of the Foundation in full support of its objective;
(2)Associate supporting members: an individual or an organization which assists with a contribution in the activities of the Foundation;
(3)Honourary members: individuals who have been considered by the Board of Directors to be apporpriate to the hour because of their outstanding contributions to the activities of the Foundation or to the development of the training programmes for criminal justice personnel in the Asian region.
(Enrollment Fee and Membership Dues)
Article 25. Ordinary members shall pay the enrollment fee and membership dues in theamount decided by the Board of Directors.
2. In case any additional expense is required. an emergency fee may be claimed from the members after the decision therefor has been reached by the Board of Directors.
(No Reimbursement of Payment)
Article 26. The Foundation shall not be liable for returning membership dues. enrollment fee. contributions and other donations which the members have already paid to the Foundation.
(Termination of Membership)
Article 27. The membership shall be terminated on the following grounds:
(1) When the member withdraws from the Foundation:
(2) When the individual member has passed away or the member organization has been dissolved:
(3) When the member has been dismissed from the membership.
(Withdrawal from the Foundation)
Article 28. A written notice of withdrawal shall be submitted to the Chairman of the Board of Directors. if a member intends to terminate the membership.
(Dismissal from Membership)
Article 29. The Chairman of the Board of Directors may dismiss a member from the membership when he comes under any one of the following paragraph, provided that the decision to that effect has been reached at the Board of Directors.
(1) When a member has injured the reputation of the Foundation or behaved against the objective of the Foundation:
(2) When a member has acted against the membership obligation.
(3) When a member is conspicuous]y in default of membership dues and continues to neglect the reminders for the payment.
Chapter VII Amendment of the Constitution and the Dissolution (Amendment of the Constitution)
Article 30. The provisions of this Constitution may be amended. altered, changed or repealed provided that the consent has been obtained by the majority of two-thirds or more of the incumbent members of the Board of Directors and the approval of the competent authorities in charge of the supervision of the Foundation has been given to it.
(Dissolution and Disposal of Residual Properties)
Article 31. The Foundation may be dissolved under the Civil Code of Japan. Article 68. Sub-Section 2. Paragraphs 2-4.
2. The residual properties at the time of dissolution shall bc donated to other organizations with similar objective as that of the Foundation with the concurrence of the Board of Directors and the approval of the competent authorities in charge or the supervision of the Foundation.
Chapter VIII Miscellaneous (By-Laws)
Article 32. Chairman of the Board of Directors, pursuant to the decision of the Board. may enact all such By-Laws to supplement or to execute the provisions of the present Constitution. Included in such By-Laws are the rules to be concerned with the establishment. etc., of the branch of the Foundation spelled out in the Article 22. Paragraph (2) and those concerned with the International Board of Directors. in the same Article. Paragraph (3).
Comments on the revisions on 1 March 1992
As provided in the new Article 17-2. ACPF introduced the Advisory Scientific and Professional Council for the purpose of getting scientific and professional advice on its major activities aiming at contributing to the enhancement of effective measures for crime prevention and the treatment of offenders in the Asian region in particular. Under the provision. eleven
Advisory Scientific Councillors have been entrusted from among the eminent professors in Japan in March. 1992 who contributed much to the success of the Tokyo Symposium mentioned above. More Advisory Scientific Councillors are expected to be entrusted from among the countries outside of Japan so that they can contribute to the fruitful outcomes of Malaysian International Symposium to be held in January, 1993.