Frequently Asked Questions (FAQs) concerning members with record of criminal conviction

1. ⁠Does a criminal conviction lead to disqualification of an individual from HKIE professional registration?

A criminal conviction does not automatically disqualify an individual from professional registration.  The Qualification & Membership Board will consider the membership application with declaration of conviction on a case-by-case basis.

Please refer to Paragraph 3 of Section H: Declaration and Consent of the application form for the class of Member (FORM1/MD (hkie.org.hk)).  Applicants for HKIE membership have to make a declaration on whether they have been convicted of a criminal offence.  The same can also be found in the application forms for the classes of Fellow, Associate Member and Graduate Member.

In accordance with Section 2(1) of the Rehabilitation of Offenders Ordinance, Cap. 297, an applicant is not obligated to disclose or declare the conviction if the sentence of the offence is imprisonment of three months or less (whether suspended or not), or a fine of HK$10,000 or less AND in addition, a period of three years from the date of such conviction has elapsed without that applicant being again convicted in Hong Kong of an offence.  

⁠2. If an individual member is involved in criminal litigation, would he/she be obligated to promptly advise the Institution?

Members who are involved in criminal litigation are advised to promptly inform the Institution.

⁠3. What actions would be taken by the Institution against the said individual after the Institution’s acknowledgment of his/her litigation?

Article 2.1 of the Disciplinary Regulations states:

“If it comes to the knowledge of the Secretary from any source that a member has been convicted by a competent tribunal of a criminal offence and upon receipt of any written judgment or ruling of the competent tribunal which may be provided to or obtained by the Secretary, the Secretary shall initiate the investigation of the Case and, if satisfied with the criminal conviction as borne out by such judgment or ruling upon his review, refer a case of improper conduct under Article 13(5) to the Executive.”

Article 3.1 of the Disciplinary Regulations states:

“Upon referral of the Case by the Secretary, the Executive shall appoint an Investigating Commission to investigate the Case.”

⁠4. Do the aforementioned questions apply to all classes of members of the Institution?

Yes, the aforementioned questions and their answers apply to all classes of members of the Institution.

5. What criteria must be met when the HKIE considers an application for reinstating membership?

Please refer to the Guidelines for Reinstatement of Membership.

6. Should an individual select or continue with an engineering degree programme if he/she has uncertainties about the implications of a conviction to become a professional engineer?

When deciding whether to continue with an engineering programme, besides the conviction, one may wish to consider other factors such as career aspirations and life goals. If the individual is concerned about the implication of the conviction on professional registration, please refer to Q1 above.

7. If a convicted individual is applying for a student membership (or reinstatement), there could be an assessment due to the conviction. Should the application be successful, would it mean concerns related to the conviction are cleared for future graduate or corporate membership applications?

• The applicant needs to provide the information including conviction of criminal offence as required in the application
• Each application is considered on its own merit.
• The Secretariat will provide the Qualification and Membership Board with its previous decision on that conviction for consideration on the current application.
• Please refer to Q1 above for the implication of the conviction on application/ reinstatement.

8. If an individual needs to start working for financial or other reasons during the course of rehabilitation, are there any HKIE-accredited part-time or top-up programmes available for selection?

All the HKIE-accredited programmes (including part-time and top-up programmes) are listed on the HKIE website: https://www.hkie.org.hk/en/quali/program/

9. If the sentence of the offence is less than 3 months for a convicted individual, what is the guidance on membership application/reinstatement?

Please refer to Q1 above for the implication of the conviction on application/ reinstatement.

The FAQs provided on this website are for general informational purposes only. They do not, and are not intended to, constitute legal advice on which you should rely. For any legal enquiries, you should seek independent legal advice. The Hong Kong Institution of Engineers shall not be liable for any loss or damage suffered as a result of any use or reliance on any of the information provided on its website.

The information is prepared by the Task Force on Provision of Support to Young Members of Social Unrest-related Convicted Cases (the Task Force).

The Task Force was established in 2023 and is responsible for:
1. With the concept of rehabilitation, to devise and implement a scheme for providing support to young members or potential members (collectively referred as young persons) of social unrest-related convicted cases or potential convicted cases in helping them return to the engineering profession;
2. To establish partnership with service providers in providing support, such as but not limited to career and/or counselling service, as appropriate to alleviate hardships faced by the young persons concerned and facilitate their reintegration into society and the engineering profession; and
3. To promote and raise awareness of the engineering profession in the needs of young persons concerned.

For enquiries, please contact hkie-sec@hkie.org.hk .