THE CHINESE UNIVERSITY OF HONG KONG (DECLARATION OF SHAW COLLEGE) ORDINANCE

LAWS OF HONG KONG

THE CHINESE UNIVERSITY OF HONG KONG
(DECLARATION OF SHAW COLLEGE)
ORDINANCE

CHAPTER 1139





CHAPTER 1139

THE CHINESE UNIVERSITY OF HONG KONG
(DECLARATION OF SHAW COLLEGE)

To provide for the declaration of Shaw College as a constituent College of The
Chinese University of Hong Kong and to make consequential
amendments to The Chinese University of Hong Kong Ordinance.

[1 August 1986.1

1. This Ordinance may be cited as The Chinese University of Hong Kong
(Declaration of Shaw College) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'constituent College', 'Council' and 'University' have the meanings
respectively assigned to them by the principal Ordinance;

'principal Ordinance' means The Chinese University of Hong Kong
Ordinance.

3. Shaw College is, in accordance with a special resolution of the Council,
declared to be a constituent College of the University.

4. The principal Ordinance is amended in the manner and to the extent set
out in the Schedule.

SCHEDULE [s. 4.1

AMENDMENTS TO THE CHINESE UNIVERSITY OF
HONG KONG ORDINANCE

[Amendments incorporated]
Originally 59 of 1986 Short title Interpretation Declaration of Shaw College as College of University Consequential amendments schedule

Originally 59 of 1986 Short title Interpretation Declaration of Shaw College as College of University Consequential amendments schedule

https://oelawhk.lib.hku.hk/items/show/3617

ROYAL BANK OF SCOTLAND ORDINANCE

LAWS OF HONG KONG

ROYAL BANK OF SCOTLAND ORDINANCE

CHAPTER 1138





CHAPTER 1138

ROYAL BANK OF SCOTLAND ORDINANCE

ARRANGEMENT OF SECTIONS
Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

3. Appointed day ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

4. Transfer of undertaking of Royal Bank of Scotland to the Bank ... ... ... ... 5

5. Provisions as to contracts, etc., and enactments ...
... ... ... ... ... ... 5

6. Provisions as to trust property transferred and as to trusteeships, etc . ... ... ...
7

7. Supplementary provisions as to transfer ... ... ... ... ... ... ... ... ... 8

8. Contracts of employment ... ... ... ... ... ... ... ... ... ... ... ... 10

9. Retirement fund ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10

10. Claims, actions, etc., not to abate ...
... ... ... ... ... ... ... ... ... 11

11. Application of Part Ill of Evidence Ordinance ...
... ... ... ... ... ... 11

12. Transfers governed otherwise than by law of Hong Kong ...
... ... ... ... 12

13. Records and other documents to remain evidence ... ... ... ... ... ... ... 12

14. Evidence of transfer ...
... ... ... ... ... ... ... ... ... ... ... ... 12

is. Reserves and profits and losses transferred ...
... ... ... ... ... ... ... 13

16. Transfer of interests in land and other property ... ... ... ... ... ... ... 13

17. Completion and deduction of title to property ... ... ... ... ... ... ... ... 14

18. Saving for testamentary gifts ...
... ... ... ... ... ... ... ... ... ... 14

19. Saving for enactments concerning banking, etc. ... ... ... ... ... ... ... 14

20. Saving for the Bank and Royal Bank of Scotland ... ... ... ... ... ... ... 14

21. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14

22. Costs of Ordinance ... ... ... ... ... ... ... ... ... ... ... ... ... 14





CHAPTER 1138

ROYAL BANK OF SCOTLAND

To provide for the transfer of the undertaking of The Royal Bank of
Scotland public limited company to RBSG public limited
company; andfor purposes connected therewith.

[26 July 1985.1

WHEREAS

(a)The Royal Bank of Scotland public limited company
(hereinafter called 'Royal Bank of Scotland') was
incorporated by a Royal Charter granted by His Majesty King
George the First dated 31 May 1727 under the name 'The
Royal Bank of Scotland', was subsequently registered under
Part VIII of the United Kingdom Companies Act 1948 as a
company limited by shares under the name 'The Royal Bank
of Scotland Limited' and re-registered under the United
Kingdom Companies Act 1980 as a public limited company
and is now registered under Part XI of the Companies
Ordinance as an oversea company;

(b)RBSG public limited company (hereinafter called 'the Bank')
is a public company incorporated under the United Kingdom
Companies Acts 1948 to 1980 as a company limited by shares
formed with the object (amongst others) of carrying on, in the
United Kingdom, Hong Kong and elsewhere, the business of
banking and is registered under Part X1 of the Companies
Ordinance as an oversea company;

(e)it is expedient, in connection with a worldwide merger of the
respective undertakings of Royal Bank of Scotland and
Williams & Glyn's Bank public limited company, that the said
undertakings should be transferred to the Bank;

(d)the Royal Bank of Scotland Act 1985 has been passed in the
United Kingdom for the purpose of effecting the transfer of
the said undertakings to the Bank (in so far as the same can be
effected by United Kingdom legislation) and for the purpose
of changing the name of Royal Bank of Scotland to 'The
Royal Bank of Scotland (1727) Limited' and changing the
name of the Bank to 'The Royal Bank of Scotland public
limited company'; and

(e)it is expedient that, in connection with the said worldwide
merger, the Hong Kong business of Royal Bank of Scotland
and that part of the undertaking of Royal Bank of Scotland
which is governed by Hong Kong law or the transfer of which
is governed by Hong Kong law or which





is derived from the Hong Kong business of Royal Bank of
Scotland should be transferred to the Bank by Hong Kong
legislation:

1. This Ordinance may be cited as the Royal Bank of Scotland
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'appointed day' means the day appointed under section 3;

'authorized representative' when used in relation to Royal Bank of
Scotland or the Bank means the person or one of the persons
resident in Hong Kong and authorized to accept service of process
and notices on its behalf whose name or names and address or
addresses is or are registered under section 333(1) of the
Companies Ordinance;

'the Bank means RBSG public limited company;

'customer' includes any person having a banking account or other
dealing, transaction or arrangement with Royal Bank of Scotland or
(as the context may require) the Bank;

'enactment means an enactment in this Ordinance or in any Ordinance
or in any order, by-law, rule or regulation made under any
Ordinance;

'existing' means existing, outstanding or in force immediately before
the appointed day;

'liabilities' includes debts, duties and obligations of every description
wheresoever arising (whether actual or contingent, present or
future);

'property' means property and assets of every description
wheresoever situate, and includes property held on trust and
securities, rights, benefits and powers of every description but
does not include the common seal of Royal Bank of Scotland or
any document (other than accounting records) required to be kept
pursuant to the provisions ofthe United Kingdom Companies Act
1985 or the Companies Ordinance;

'the registrar means the Registrar of Companies appointed under
section 303 of the Companies Ordinance;

'Royal Bank of Scotland' means The Royal Bank of Scotland public
limited company;

'security' includes any mortgage or charge (whether legal or equitable),
assignment, debenture, fixed security, floating charge, personal
bond, bill of exchange, promissory note, trust receipt, warehouse
warrant, guarantee, indemnity, lien, right of retention, hypothec,
pledge (whether actual or constructive), mandate, hypothecation,
right of set-off, right of compensation or undertaking, any standard
security, any assignation or disposition ex facie absolute and any
agreement or other deed, instrument or document qualifying the
same, any bond





and disposition or assignation in security, any bond of cash
credit, any bond of cash credit and disposition or assignation
in security, any assignation in security, any real right or
burden of whatever kind in the nature of a security and any
other deed, document, conveyance, instrument, arrangement
or means (in each case made, granted, arising or subsisting
under any applicable law) for securing the payment or
discharge of any liability and also includes any agreement or
undertaking (whether in writing or not) to give or execute any
of the foregoing whether upon demand or otherwise;

'subsidiary' has the meaning given by section 2(4) of the Companies
Ordinance;

'undertaking' when used in relation to Royal Bank of Scotland means
the business and all existing property and all existing liabilities of
Royal Bank of Scotland; and

'will' includes a codicil, a trust disposition and settlement, any other
testamentary writing and any deed, disposition, contract,
instrument or writing taking effect on the death of any person
whereby any part of his estate is disposed of, or under which a
succession thereto arises.

(2) References in this Ordinance to property and liabilities of Royal
Bank of Scotland are references to all property vested in or belonging to
or held by Royal Bank of Scotland and all liabilities to which Royal Bank
of Scotland is subject, whether beneficially or in any fiduciary capacity
and whether or not capable of being transferred or assigned by Royal
Bank of Scotland.

(3) Any reference in this Ordinance to property or liabilities of
Royal Bank of Scotland is a reference to property or, as the case may
be, to liabilities of Royal Bank of Scotland whether situated in Hong
Kong or elsewhere.

(4) Any reference in this Ordinance to rights or liabilities of Royal
Bank of Scotland is a reference to rights to which Royal Bank of
Scotland is entitled or, as the case may be, to liabilities to which Royal
Bank of Scotland is subject, whether under the law of Hong Kong or
under the law of any country or territory outside Hong Kong.

3. (1) The directors of the Bank may appoint a day for the purposes
of this Ordinance:

Provided that any day appointed under this section shall not be
before a licence has been granted to the Bank under section 7 of the
Banking Ordinance.

(2) Not less than 14 days before the day appointed under this
section the Bank shall publish in the Gazette a notice stating the day so
appointed.

30 September 1985 has been appointed as the day referred to in section 3(1)--
see notice in page PN3615 of Gazette Supplement No. 6 of 13 September 1985.





(3) The publication of notice under subsection (2) shall be
conclusive evidence of a day being the appointed day for the purposes
of this Ordinance, and a photostatic or other reproduction of a page or
part of a page of the Gazette containing the notice certified by an
authorized representative of the Bank shall be evidence of the
publication of the notice.

4. On the appointed day that part of the undertaking of Royal Bank
of Scotland which is governed by Hong Kong law or the transfer of
which is governed by Hong Kong law or which is derived from the
Hong Kong business of Royal Bank of Scotland shall, by virtue of this
Ordinance and without further act or deed, be transferred to, and vest
in, the Bank to the intent that the Bank shall succeed to such part of the
undertaking of Royal Bank of Scotland as if in all respects the Bank
were the same person in law as Royal Bank of Scotland.

5. (1) Without prejudice to the generality of any other provision of
this Ordinance but subject to any provision in this Ordinance to the
contrary effect, the following provisions of this section shall have effect
for the purposes of section 4.

(2) All existing contracts, agreements, certificates, awards,
conveyances, deeds, leases, licences, notices, permits, guarantees,
bonds, indemnities, mandates, instructions and other instruments and
undertakings entered into by, made with, given to or by or addressed to
Royal Bank of Scotland (whether alone or with any other person and
whether as principal or agent and whether in writing or not) shall be
construed and have effect on and from the appointed day as if

(a)instead of Royal Bank of Scotland, the Bank had been the
person by whom they were entered into, with whom they were
made, to or by whom they were given or to whom they were
addressed (as the case may be);

(b)for any reference (however worded and whether express or
implied) to Royal Bank of Scotland there were substituted, as
regards anything falling to be done or capable of being done
on or after the appointed day, a reference to the Bank;and

(c)any reference (however worded and whether express or
implied) to the directors or to any director, officer or employee
of Royal Bank of Scotland were, as regards anything falling to
be done or capable of being done on or after the appointed
day, a reference to the directors of the Bank or, as the case
may require, to such director, officer or employee of the Bank
as the Bank may appoint for that purpose or, in default of
appointment, to the director, officer or employee of the Bank
who corresponds as nearly as may be to the first-mentioned
director, officer or employee.





(3) Any existing deed or other instrument or document and
any existing contract, agreement or undertaking not in writing
(other than one to which subsection (2) applies or a will) in which
there is a reference (however worded and whether express or
implied) to Royal Bank of Scotland or to the directors or to any
director, officer or employee of Royal Bank of Scotland shall be
construed and have effect on and from the appointed day as if-

(a)for any such reference to Royal Bank of Scotland there
were substituted, as regards anything falling to be done or
capable of being done on or after the appointed day, a
reference to the Bank; and

(b)any such reference to the directors or to any director,
officer or employee of Royal Bank of Scotland were, as
regards anything falling to be done or capable of being
done on or after the appointed day, a reference to the
directors of the Bank or, as the case may require, to such
director, officer or employee of the Bank as the Bank may
appoint for that purpose or, in default of appointment, to
the director, officer or employee of the Bank who corres-
ponds as nearly as may be to the first-mentioned director,
officer or employee.

(4) Any deed or other instrument or document (other than a
will), and any contract, agreement or undertaking not in writing
which is made, executed or given on or after the appointed day and
in which there is a reference (however worded and whether express
or implied) to Royal Bank of Scotland or to the directors or to any
director, officer or employee of Royal Bank of Scotland shall be
construed and have effect as if-

(a)for any such reference to Royal Bank of Scotland there
were substituted, as regards anything falling to be done or
capable of being done on or after the appointed day, a
reference to the Bank; and

(b)any such reference to the directors or to any director,
officer or employee of Royal Bank of Scotland were, as
regards anything falling to be done or capable of being
done on or after the appointed day, a reference to the
directors of the Bank or, as the case may require, to such
director, officer or employee of the Bank as the Bank may
appoint for that purpose or, in default of appointment, to
the director, officer or employee of the Bank who corres-
ponds as nearly as may be to the first-mentioned director,
officer or employee.

(5) Any enactment other than this Ordinance containing a
reference (however worded and whether express or implied) to
Royal Bank of Scotland or to the directors or to any director, officer
or employee of Royal Bank of Scotland shall be construed and have
effect on and from the appointed day as if-





(a)for any such reference to Royal Bank of Scotland there
were substituted, as regards anything falling to be done or
capable of being done on or after the appointed day, a
reference to the Bank; and

(b)any such reference to the directors or to any director,
officer or employee of Royal Bank of Scotland were, as
regards anything falling to be done or capable of being
done on or after the appointed day, a reference to the
directors of the Bank or, as the case may require, to such
director, officer or employee of the Bank as the Bank may
appoint for that purpose or, in default of appointment, to
the director, officer or employee of the Bank who corres-
ponds as nearly as may be to the first-mentioned director,
officer or employee.

6. (1) Any property transferred to and vested in the Bank by
virtue of this Ordinance which, immediately before the appointed
day, was held by Royal Bank of Scotland, whether alone or jointly
with any other person-

(a)as trustee or custodian trustee of any trust deed, settle-
ment, covenant, agreement or will, and whether originally
so appointed or not, and whether appointed under hand or
seal, or by order of any court or otherwise;

(b) as executor of the will of a deceased person;

(c) as administrator of the estate of a deceased person;

(d)as judicial trustee or judicial factor appointed by order of
any court; or

(e) in any other fiduciary capacity whatsoever,

shall, on and from the appointed day, be held by the Bank alone or
jointly with such other person (as the case may be), in the same
capacity, upon the trusts, and with and subject to the rights, powers,
provisions, liabilities and obligations applicable thereto respectively.

(2) Any order of any court or any trust deed, settlement,
covenant, agreement, will or appointment, whether made or exe-
cuted before, on or after the appointed day, under or by virtue of
which Royal Bank of Scotland was or is or, but for the provisions of
this section. would have been (whether alone or with any other
person) granted letters of administration or appointed trustee.
custodian trustee, executor, tutor, curator, guardian. judicial trus-
tee, judicial factor or custodian or appointed or confirmed in any
other fiduciary capacity shall not fail by reason of anything in this
Ordinance but shall, on and from the appointed day (or, if it be later,
the date upon which such order, trust deed, settlement, covenant,
agreement, will or appointment is made or executed), be read,
construed and have effect as if for any reference therein to Royal
Bank of Scotland there were substituted a reference to the Bank.





(3) Where any order, trust deed, settlement, covenant, agreement,
will or appointment such as is mentioned in subsection (2) authorized or
authorizes Royal Bank of Scotland or (in the case of any such order,
trust deed, settlement, covenant, agreement, will or appointment taking
effect after the appointed day) would have authorized Royal Bank of
Scotland (if it had accepted such appointment) to charge remuneration
or otherwise to act in accordance with a scale or terms or conditions
applicable to Royal Bank of Scotland at any particular date before, on or
after the appointed day or for the time being, then on and from the
appointed day (or, if it be later, the date upon which such order, trust
deed, settlement, covenant, agreement, will or appointment is made or
executed) every reference in such order, trust deed, settlement,
covenant, agreement, will or appointment to such scale or terms or
conditions shall be construed and have effect as if the same were a
reference to the corresponding scale or terms or conditions applicable
to the Bank at such particular date or for the time being (as the case may
be):

Provided that where any such reference is to a scale or terms or
conditions applicable to Royal Bank of Scotland at some date before the
appointed day, then the provisions of this subsection shall be
construed and have effect as if such scale or terms or conditions had
been applicable to the Bank at such prior date (notwithstanding that the
Bank may not have been in existence at that date or may not have been
carrying on the business of acting in the fiduciary capacity to which
such scale or terms or conditions related) and as if every reference in
such scale or terms or conditions to Royal Bank of Scotland had been a
reference to the Bank.

7. (1) Without prejudice to the generality of any other provision of
this Ordinance, the following provisions shall have effect for the
purposes of section 4

(a)any existing account between Royal Bank of Scotland and a
customer shall be transferred to the Bank on the appointed
day and shall become, on and from the appointed day, an
account between the Bank and such customer with the same
rights and subject to the same obligations and incidents
(including rights of compensation and set-off) as would have
been applicable thereto if such account between Royal Bank
of Scotland and the customer had continued and such
account shall be deemed for all purposes to be a single
continuing account:

Provided that nothing herein shall effect any right of the
Bank or of the customer on or after the appointed day to vary
the conditions or incidents subject to which any account is
kept;

(b) (i) any existing instruction, order, direction, mandate, notice,
representation, power of attorney, authority, consent or
undertaking (whether in writing or not and whether





or not in relation to an account) given to Royal Bank of
Scotland, either alone or jointly with another person, shall
apply and have effect, on and from the appointed day, as if
given to the Bank or, as the case may be, to the Bank jointly
with such other person;

(ii) any instruction, order, direction, mandate, notice,
representation, power of attorney, authority, consent or
undertaking (whether in writing or not) which is given to
Royal Bank of Scotland, either alone or jointly with another
person, on or after the appointed day and which, if given as
aforesaid prior to the appointed day would have related to an
existing account between Royal Bank of Scotland and a
customer shall apply and have effect as if given to the Bank
or, as the case may be, to the Bank jointly with such other
person;

(c) (i) any security which is, immediately before the appointed day,
held by or in favour of Royal Bank of Scotland as security for
the payment or discharge of any liability shall, on and from
the appointed day, be held by or in favour of the Bank and be
available to the Bank as security for the payment or discharge
of such liability;

(ii) where any security such as is mentioned in
subparagraph (i) of this paragraph extends to future advances
or future liabilities, the said security shall, on and from the
appointed day, be held by or in favour of the Bank, and be
available to the Bank, as security for future advances by, or
future liabilities to, the Bank to the same extent and in the
same manner in all respects as if it had been originally granted
in favour of, and had originally extended to future advances
by or future liabilities to, the Bank;

(iii) where any security such as is mentioned in
subparagraph (i) of this paragraph was granted for a stated
maximum amount, the said security shall, on and from the
appointed day, have the same effect in favour of the Bank up
to such maximum amount in all respects as if it had been
originally granted in favour of the Bank for such maximum
amount;

(iv) the Bank shall, in relation to any security such as is
mentioned in sub-paragraph (i) of this paragraph and to the
liabilities thereby secured, be entitled to the same rights and
priorities and subject to the same obligations and incidents on
and from the appointed day as Royal Bank of Scotland would
have been entitled and subject to if the said security had
continued to be held by it or in its favour;

(d)the custody or possession of any document, goods or other
property held by Royal Bank of Scotland, or by an agent for
or nominee of Royal Bank of Scotland, as a bailee, depositary
or custodian shall on and from the appointed day and by
virtue of this Ordinance be transferred to the





Bank or, as the case may require, be held by such agent or
nominee as agent for or nominee of the Bank, and the rights
and obligations of Royal Bank of Scotland under any contract
of bailment, deposit or custodianship relating to such
document, goods or property, or under any other contract or
arrangement (whether in writing or not) or deed or other
instrument or document regulating custody or possession of
the same, shall by virtue of this Ordinance be transferred on
the appointed. day to the Bank;

(e)any negotiable instrument or order for payment of money,
whether drawn, given, accepted or endorsed before, on or
after the appointed day, which is expressed to be drawn on, or
given to, or accepted or endorsed by, Royal Bank of Scotland,
or payable at any place of business of Royal Bank of
Scotland, shall have the same effect on and from the
appointed day (or, if it be later, the date upon which it is
drawn, given, accepted or endorsed) as if it had been drawn
on, or given to, or accepted or endorsed by the Bank, or
payable at the same place of business of the Bank.

(2) Any reference in paragraph (c) of subsection (1) to securities
held by or in favour of Royal Bank of Scotland shall be construed as
including a reference to securities held by an agent or trustee for, or a
nominee of, Royal Bank of Scotland and any reference in that paragraph
to securities held by or in favour of Royal Bank of Scotland being, on
and from the appointed day, held by or in favour of the Bank shall be
construed as including a reference to securities which are held by an
agent or trustee for, or a nominee of, Royal Bank of Scotland being, on
and from the appointed day, held by such agent, trustee or nominee as
agent or trustee for, or nominee of, the Bank.

8. (1) Section 5(2) shall apply to a contract for the employment of
any person by Royal Bank of Scotland and employment by Royal Bank
of Scotland and the Bank under any such contract shall be deemed for
all purposes to be a single continuing employment.

(2) No director, secretary or auditor of Royal Bank of Scotland
shall, by virtue only of this Ordinance, become a director, secretary or,
as the case may be, auditor of the Bank.

9. (1) In this section 'the fund' means the group retirement benefit
fund established in Hong Kong by policy number GPC-1093 issued by
American International Assurance Company Limited to Royal Bank of
Scotland.

(2) For the purposes of section 4 and without prejudice to the
generality of any other provision of this Ordinance, the policies, rules,
regulations and instruments constituting or relating to the fund shall, on
and from the appointed day, be construed and have effect, so far as the
context permits, as if for any reference therein, express or implied, to
Royal Bank of Scotland (except in the name or





title of the fund) there were substituted a reference to the Bank, but for
the purpose of ascertaining and calculating the right to benefits

prior to the appointed day shall be taken into account as if it were
service or employment with the Bank.

10. (1) Where by virtue of this Ordinance any right or liability of
Royal Bank of Scotland becomes a right or liability of the Bank, the Bank
and all other persons shall, on and from the appointed day, have the
same rights, powers and remedies (and in particular the same rights and
powers as to taking or resisting legal proceedings or making or resisting
applications to any authority) for ascertaining, claiming, perfecting or
enforcing that right or liability as if it had at all times been a right or
liability of the Bank; and any claim (including any contingent claim),
action, arbitration or proceeding and any cause of action, arbitration or
proceeding and any application to any authority which shall,
immediately before the appointed day, be pending or existing by,
against or in favour of Royal Bank of Scotland shall not abate or be
discontinued or in any way prejudicially affected by reason of the
provisions of this Ordinance, but the same may, on and from the
appointed day, only be made, continued, prosecuted and enforced by or
against or in favour of the Bank as and when it might have been made,
continued, prosecuted and enforced by or against or in favour of Royal
Bank of Scotland if this Ordinance had not been passed.

(2) Any judgment, decree, order or award obtained by or against
Royal Bank of Scotland and not fully satisfied before the appointed
day, shall, to the extent to which it is enforceable by or against Royal
Bank of Scotland, only be enforceable, on and from the appointed day,
by or against the Bank.

(3) Nothing in this Ordinance shall terminate or prejudicially affect
the appointment, authority, rights or powers of any receiver or of any
receiver and manager appointed by Royal Bank of Scotland, whether
alone or with others, before the appointed day.

11. (1) On and from the appointed day, Part 111 of the Evidence
Ordinance shall apply to the banker's records of Royal Bank of Scotland
transferred to the Bank by virtue of this Ordinance, and to entries made
therein before the appointed day, as if such banker's records were the
banker's records of the Bank.

(2) For the purposes of section 20 of the Evidence Ordinance,
banker's records so transferred to the Bank shall be deemed to have
been the ordinary banker's records of the Bank at the time of the making
of any entry therein which purports to have been made before the
appointed day, and any such entry shall be deemed to have been made
in the usual and ordinary course of business.

(3) In this section 'banker's records' shall be construed in
accordance with section 2 of the Evidence Ordinance.





12. Where the transfer and vesting of any property forming
part of the undertaking of Royal Bank of Scotland is governed
otherwise than by the law of Hong Kong, Royal Bank of Scotland
shall, if the Bank so requires, so soon as is practicable after the
appointed day, take all necessary steps for the purpose of securing
the effective transfer or vesting thereof to or in the Bank and,
pending such transfer or vesting, shall hold any such property in
trust for the Bank.

13. (1) All records and other documents which would, before
the appointed day, have been evidence in respect of any matter for or
against Royal Bank of Scotland shall on and from the appointed day
be admissible in evidence in respect of the same matter for or against
the Bank.

(2) In this section 'documents' shall be construed in accord-
ance with section 55 of the Evidence Ordinance.

14. (1) The production of a Government Printer's copy of
this Ordinance, and such evidence of publication of notice of the
appointed day as is specified in section 3(3), shall, for all purposes,
be conclusive evidence of the transfer of the undertaking of Royal
Bank of Scotland to the Bank and of the vesting thereof in the Bank
in accordance with the provisions of this Ordinance.

(2) Without prejudice to the generality of the foregoing-

(a)a Government Printer's copy of this Ordinance, together
with such evidence of publication of notice of the appoin-
ted day, shall, in relation to any registered securities
transferred to, and vested in, the Bank by virtue of this
Ordinance, operate for all purposes as a duly executed
instrument of transfer in respect of the transfer of such
registered securities from Royal Bank of Scotland to the
Bank;

(b)any deed or other instrument or document made or exe-
cuted on or after the appointed day whereby the Bank,
whether alone or jointly with any other person, conveys,
transfers or assigns, or purports to convey, transfer or
assign, to any person (whether for consideration or not), or
applies to be registered as the holder, proprietor or owner
of, any property held by Royal Bank of Scotland imme-
diately before the appointed day, whether alone or jointly
with any other person, shall be sufficient evidence that the
interest of Royal Bank of Scotland in such property
became vested in the Bank by virtue of this Ordinance.

(3) In subsection (2) 'registered securities' means shares,
stocks, debentures, loans, bonds, units of a unit trust scheme or
other shares of the investments subject to the trusts of such a
scheme, and other securities of any description which are transfer-
able and the holders of which are entered in a register (whether
maintained in Hong Kong or not).





15. (1) For the purposes of section 4, on and from the appointed
day, and by virtue of this Ordinance

(a)every existing reserve of Royal Bank of Scotland shall be
transferred to and for all purposes be and become a reserve of
the Bank; and

(b)the amount, description and character of every reserve of the
Bank which shall come into being pursuant to paragraph (a)
shall be the same in all respects as those of the corresponding
existing reserve immediately before the appointed day, and all
enactments and rules of law shall apply to or in respect of
every such reserve of the Bank in the same manner in all
respects as they applied to or in respect of the corresponding
existing reserve immediately before the appointed day.

(2) Every reference in subsection (1) to an existing reserve shall
include a reference to any reserve or similar provision, irrespective of its
name or designation (and whether the amount thereof be positive or
negative in nature).

(3) Without prejudice to the generality of subsection (1), any
profits or losses of Royal Bank of Scotland earned or incurred after the
beginning of the financial year in which the appointed day shall occur,
shall, on and from the appointed day, and by virtue of this Ordinance,
be treated for all purposes as profits or, as the case may be, losses, of
the Bank.

(4) In subsection (3), 'financial year' has the meaning assigned to
it by section 2(1) of the Companies Ordinance.

16. It is hereby declared that the transfer and vesting of any
property to and in the Bank by virtue of this Ordinance shall not

(a)constitute an acquisition of a right to occupy premises for the
purposes of section 53(4) of the Landlord and Tenant
(Consolidation) Ordinance or a purchase or creation of an
interest in land for the purposes of section 119E(2) of that
Ordinance; or

(b)constitute an assignation, assignment, transfer, devolution,
parting with possession or other disposition of property or of
an interest in property for the purposes of any provision
relating to assignation, assignment, transfer, devolution,
parting with possession or other disposition contained in any
deed or other instrument or document concerning that
property or that interest; or

(c)operate as a breach of covenant or condition against
alienation; or

(d) give rise to any forfeiture; or

(e) invalidate or discharge any contract or security; or





operate so as to merge any leasehold interest in the
reversion which is expectant thereon:

Provided that nothing in this section shall exempt Royal Bank
of Scotland or the Bank from the provisions of the Stamp Duty
Ordinance.

17. To enable the Bank to complete a title, if thought fit, to any
property transferred to it and vested in it by virtue of this Ordinance
by notice of title, deed, instrument or otherwise, or to deduce title,
this Ordinance shall be deemed to be, and may be used as, an.
assignment or assignation, conveyance, transfer or, as the case may
be, general disposition of such property in favour of the Bank.

18. For the avoidance of doubt it is hereby declared that no
testamentary gift shall be adeemed by reason only of the operation
of any provision of this Ordinance.

19. Subject to the provisions of this Ordinance, nothing in this
Ordinance shall exempt Royal Bank of Scotland or the Bank from
the provisions of any enactment regulating the carrying on of the
business of any of them.

20. Nothing in this Ordinance shall prejudice the powers of the
Bank to alter its memorandum and articles of association or the
powers of Royal Bank of Scotland to alter its business and objects or
regulations; and nothing in this Ordinance shall derogate from or
prejudice the powers of the Bank or Royal Bank of Scotland to
change its name (whether its name at the time of the passing of this
Ordinance or not), or to dispose of, or deal with, its assets or to carry
on or discontinue its business or any parr thereof.

21. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Successors,
or the rights of any body politic or corporate or of any other persons
except such as are mentioned in this Ordinance and those claiming
by, from or under them.

22. All costs, charges and expenses preliminary to, and of and
incidental to, the preparation, obtaining and passing of this Ordi-
nance shall be paid by the Bank.
Originally 51 of 1985 Preamble Short title Interpretation Appointed day* Transfer of undertaking of Royal Bank of Scotland to the Bank Provision as to contracts, etc., and enactments Provisions as to trust property transferred and as to trustee-ships, etc Supplementary provisions as to transfer Contracts of employment Retirement fund Claims, actions, etc., not to abate Application of Part III of Evidence Ordinance Transfers governed otherwise than by law of Hong Kong Records and other documents to remain evidence Evidence of transfer Reserves and profits and losses transferred Transfer of interests in land and other property Completion of deduction of title to property Saving for testamentary gifts Saving for enactments concerning banking, etc. Saving for the Bank and Royal Bank of Scotland Saving Costs of Ordinance

Originally 51 of 1985 Preamble Short title Interpretation Appointed day* Transfer of undertaking of Royal Bank of Scotland to the Bank Provision as to contracts, etc., and enactments Provisions as to trust property transferred and as to trustee-ships, etc Supplementary provisions as to transfer Contracts of employment Retirement fund Claims, actions, etc., not to abate Application of Part III of Evidence Ordinance Transfers governed otherwise than by law of Hong Kong Records and other documents to remain evidence Evidence of transfer Reserves and profits and losses transferred Transfer of interests in land and other property Completion of deduction of title to property Saving for testamentary gifts Saving for enactments concerning banking, etc. Saving for the Bank and Royal Bank of Scotland Saving Costs of Ordinance

https://oelawhk.lib.hku.hk/items/show/3616

LLOYDS BANK (MERGER) ORDINANCE

LAWS OF HONG KONG

LLOYDS BANK (MERGER) ORDINANCE

CHAPTER 1137





CHAPTER 1137

LLOYDS BANK (MERGER) ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ...
... 1 .. ... 2
3. Notice of appointed day ... ... ... ... ... ... ... ... ... ... ... ... 3
4. Recognition of vesting of LBI's undertaking in Lloyds ... ... ... ... ... ... 3
5. Trust property and wills ... ... ... .. 1 ... ... ... ... ... ... ... ... 4
6. Supplementary provisions ... ... ... ... ... ... ... ... ... ... ... ... 4
7. Contracts of employment ... ... ... ... ... ... ... ... 1 . ... ... ... 7
8. Pensions ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
9. Evidence: books and documents ... ... ... ... ... ... ... ... ... ... 7
10. Part 111 of Evidence Ordinance ... ... ... ... ... ... ... ... ... ... 7
11. Evidence of vesting ... ... ... ... ... ... ... ... ... ... ... ... 7
12. Interests in land ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8
13. Saving for enactments concerning banking institutions ... ... ... ... ... ... 9
14. Saving for companies ... ... ... ... ... ... ... ... ... ... ... ... ... 9
is. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 1137

LLOYDS BANK (MERGER)

To provide for the vesting in Lloyds Bank Plc of the undertaking of Lloyds
Bank International Limited; and for other related purposes.

12 July 1985.1

WHEREAS

(1)Lloyds Bank Plc (hereinafter called 'Lloyds') is a public
company incorporated under the Companies Act 1862 as a
company limited by shares;

(2)Lloyds Bank International Limited (hereinafter called 'LBI') is
a private company incorporated under the Companies Acts
1948 to 1967 (as defined in the Companies Act 1967) as a
company limited by shares under the name of Lloyds Bolsa
International Bank Limited and is a wholly-owned subsidiary
of Lloyds;

(3)LBI is a bank licensed under the Banking Ordinance and
carries on the business of banking in Hong Kong and
elsewhere;

(4)Lloyds carries on the business of banking in the United
Kingdom and elsewhere;

(5)for the better conduct of the business of the Lloyds group of
companies, it is expedient that Provision be made for the
fusion of undertakings by which that business is carried on by
vesting in Lloyds the undertaking of LBI and that that fusion
of undertakings should be effected without interference with
the conduct and continuity of that business;

(6)The Lloyds Bank (Merger) Act 1985 makes provision for such
fusion;

(7)it is expedient that provision be made for the effecting of such
fusion in Hong Kong:

1. This Ordinance may be cited as the Lloyds Bank (Merger)
Ordinance.

2. (1) In this Ordinance, unless the subject or context otherwise
requires

'appointed day' means

(a)the day appointed for the general purposes of the UK Act
under section 3 thereof, or

(b)in relation to any part of the undertaking, the day appointed
under section 3 of the UK Act for that part;





'customer' means any person having a banking account or other dealing,
transaction or arrangement with LBI or, as the case may be, Lloyds;

'existing'' means existing, outstanding or in force immediately before the
appointed day;

'LBI' means Lloyds Bank International Limited;

'liabilities' includes duties and obligations of every description (whether
present or future, actual or contingent);

1 means 97 Lloyds Bank Plc; Limited 2nd 2

'property' means property and assets of every description and rights of every
description (whether present or future, actual or contingent), and includes
property held on trust and securities, benefits and powers of every
description;

'security' includes a mortgage or charge (whether legal or equitable), debenture,
bill of exchange, promissory note, guarantee, lien, pledge (whether actual
or constructive), hypothecation, assignment by way of security,
indemnity, right of set-off, undertaking or other means of securing
payment or discharge of a liability (whether present or future, actual or
contingent),.

'UK Act' means the Lloyds Bank (Merger) Act 1985;

'the undertaking' means the business and all existing property and liabilities of
LBI of whatsoever nature, except documents required to be kept by LBI
pursuant to the provisions of the Companies Acts 1948 to 1983 (as
defined in the Companies (Beneficial Interests) Act 1983);

'will' includes a codicil and any other testamentary writing.

(2) In sections 8, 9, 10 and 11 the appointed day is the day
appointed for the general purposes of the UK Act.

(3) Any reference in this Ordinance to property or liabilities of LBI is a
reference to property or liabilities to which LBI is for the time being entitled or
subject (whether beneficially or in any fiduciary capacity), wherever such
property or liabilities are situated or arise and whether or not capable of being
transferred or assigned by LBI, and whether LBI is entitled or subject to the
property or liabilities under the law of Hong Kong or under the law of any
country or territory outside Hong Kong.

3. Lloyds shall give notice in the Gazette of the day appointed as the
appointed day for the general purposes of the UK Act under section 3
thereof.

4. It is declared that-

(a)subject to paragraph (b), on the appointed day for the general
purposes of the UK Act, the undertaking shall, by virtue of the UK
Act and without further assurance, be deemed for the purposes of
Hong Kong law to have vested in Lloyds as if in all respects Lloyds
were the same person in law as LBI;





(b)if, pursuant to section 4(3) of the UK Act, Lloyds appoints a
day for the vesting of any part of the undertaking which is
later than the appointed day for the general purposes of the
UK Act, that part of the undertaking shall, by virtue of the UK
Act and without further assurance, be deemed for the
purposes of Hong Kong law to have vested in Lloyds on such
later day.

5. (1) Any property deemed to be vested in Lloyds by virtue of this
Ordinance which immediately before the appointed day was held by LBI,
whether alone or jointly with any other person, as trustee or custodian
trustee of any trust deed, settlement, covenant, agreement or will
(whether originally so appointed or not, and whether appointed under
hand or seal, or by order of any court), or as executor of the will, or
administrator of the estate, of a deceased person or as judicial trustee
appointed by order of any court, or in any other fiduciary capacity, shall,
on and from the appointed day, be held by Lloyds alone or. as the case
may be, jointly with such other person, in the same capacity upon the
trusts, and with and subject to the powers,* provisions and liabilities,
applicable thereto respectively.

(2) Any existing instrument or order of any court under or by virtue
of which (whether alone or by the operation of the Lloyds Bolsa
International Bank Act 1972) any property became vested in LBI in any
such fiduciary capacity as is referred to in subsection (1) (including in
the case of a will any grant of probate thereof), and any provision in
such instrument or order, or any existing contract or arrangement, for the
payment to, or retention by, LBI of remuneration for its services in any
such fiduciary capacity, shall, on and from the appointed day, be
construed and have effect, so far as the context permits, as if for any
reference therein (whether original or by the operation of the Lloyds
Bolsa International Bank Act 1972) to LBI, other than a reference
(however worded and whether express or implied) to terms and
conditions of LBI or to a scale of fees of LBI, there were substituted a
reference to Lloyds.

(3) No testamentary gift shall be adeemed by reason only of the
operation of any of the provisions of this Ordinance.

6. Without prejudice to the generality of the foregoing provisions
but subject to any provision of this Ordinance to the contrary effect, the
following provisions of this section shall have effect with respect to
matters within Hong Kong or subject to the laws of Hong Kong

(a)Every contract to which LBI is a party (whether in writing or
not) shall have effect on and from the appointed day as i if

(i) Lloyds had been a party thereto instead of LBI;

(ii) for any reference (however worded and whether express
or implied) to LBI there were substituted, as respects anything
falling to be done on or after the appointed day, a reference to
Lloyds;





(iii) any reference (however worded and whether
express or implied) to the directors or to any director,
officer or employee of LBI were, as respects anything
falling to be done on or after the appointed day, a reference
to the directors of Lloyds or, as the case may require, to
such director, officer or employee of Lloyds as Lloyds may
appoint for that purpose or, in default of appointment, to
the director, officer or employee of Lloyds who cor-
responds as nearly as may be to the first-mentioned direc-
tor, officer or employee; and
(iv) where the contract relates to property or liabilities
which are for the time being only partly vested in Lloyds,
the contract, to the extent to which it is enforceable by and
against LBI, constituted two separate contracts, one of
which is enforceable by and against Lloyds as regards the
part of the property or liabilities so vested in it and not as
regards the other part, and the other of which is enforcea-
ble by and against LBI as regards the part of the property
or liabilities not so vested in Lloyds and not as regards the
other part.
(b)Paragraph (a)(ii) and (iii) shall apply to any statutory
provision, to any provision of any existing contract to
which LBI was not a party and to any provision of any
other existing document (not being a contract or a will) as
they apply to a contract to which that paragraph applies:
Provided that those sub-paragraphs shall not apply to
any existing authorization or exemption under any enact-
ment regulating the carrying on of the business of LBI.
(e)Any account between LBI and a customer shall, on the
appointed day, become an account between Lloyds and the
customer subject to the same conditions and incidents as
theretofore; and such account shall be deemed for all
purposes to be a single continuing account:
Provided that nothing in this Ordinance shall affect
any right of Lloyds or of the customer to vary the
conditions or incidents subject to which any account is
kept.
(d)Any existing instruction, order, direction, mandate, power
of attorney, authority, undertaking or consent given to
LBI (whether in writing or not and whether or not in
relation to an account) shall have effect, on and from the
appointed day, as if given to Lloyds.
(e)Any negotiable instrument or order for payment of money
drawn on or given to, or accepted or endorsed by, LBI, or
payable at any place of business of LBI, whether so drawn,
given, accepted or endorsed before, on or after the ap-
pointed day, shall have the same effect on and from the
appointed day, as if it had been drawn on, or given to, or
accepted or endorsed by Lloyds, or were payable at the
same place of business of Lloyds.





(f)The custody of any document or record, goods or other
thing held by LBI as bailee shall pass to Lloyds on the
appointed day, and the rights and obligations of LBI under
any contract of bailment relating to any such document or
record, goods or thing shall on that day become rights and
obligations of Lloyds.

(g) (i) Any security held immediately before the appointed
day by LBI, or by a nominee or agent of or trustee for LBI,
as security for the payment or discharge of any liability shall,
on and from the appointed day, be held by, or, as the case
may require, by that nominee, agent or trustee for, Lloyds,
and be available to Lloyds (whether for its own benefit or,
as the case may be, for the benefit of any other person) as
security for the payment or discharge of that liability;
(ii) in relation to any security vested in Lloyds in
accordance with the provisions of this Ordinance and any
liabilities thereby secured, Lloyds shall be entitled to the
rights and priorities and be subject to the obligations and
incidents to which LBI would have been entitled and
subject if it had continued to hold the security;
(iii) without prejudice to the generality of sub-
paragraph (ii), in any case where any existing liability
subsists between LBI and Lloyds in respect of which LBI
or Lloyds, or a nominee or agent of or trustee for LBI or
Lloyds, holds security, that liability shall, for the purpose
of enforcing or realizing that security, be deemed to
continue in effect notwithstanding the vesting in Lloyds of
the undertaking or any part thereof,
(iv) any security referred to in sub-paragraph (i), (ii) or
(iii) and which extends to future advances or liabilities
shall, on and from the appointed day, be available to
Lloyds (whether for its own benefit or, as the case may be,
for the benefit of any other person) as security for the
payment or discharge of future advances and future liabili-
ties to the same extent and in the same manner in all
respects as future advances by, or liabilities to, LBI or,' as
the case may be, Lloyds were secured thereby immediately
before that day.

(h)Where by virtue of this Ordinance any right or liability of
LBI is deemed to become a right or liability of Lloyds,
Lloyds and all other persons shall, on and from the
appointed day, have the same rights, powers and remedies
(and in particular the same rights and powers as to taking
or resisting legal proceedings or making or resisting appli-
cations to any authority) for ascertaining, perfecting or
enforcing that right or liability as if it had at all times been
a right or liability of Lloyds; and any legal proceedings or
application to any authority existing or pending immedi-
ately before the appointed day by or against LBI may be
continued by or against Lloyds.





(i)Any judgment or award obtained by or against LBI and
not fully satisfied before the appointed day shall on that
day, to the extent to which it is enforceable by or against
LBI, become enforceable by or against Lloyds.

7. (1) Section 6(a) shall apply to a contract for the employ-
ment of any person by LBI; and employment with LBI and Lloyds
under any such contract shall be deemed for all purposes to be a
single continuing employment.

(2) No director, secretary or auditor of LBI shall by virtue
only of this Ordinance become a director, secretary or, as the case
may be, auditor of Lloyds.

8. (1) The trust deeds and rules constituting or relating to
the fund established in Hong Kong and known as the Lloyds Bank
International Limited Staff Provident Fund shall, on and from the
appointed day, be construed and have effect, so far as the context
permits, as if for any reference therein to LBI there were substituted
a reference to Lloyds.

(2) No officer or employee of LBI who becomes an officer or
employee of Lloyds by virtue of this Ordinance shall by virtue of this
Ordinance be entitled to participate in any pension fund of Lloyds,
and no existing officer or employee of Lloyds shall, by virtue of this
Ordinance, be entitled to participate in any pension fund of LBI or
the Lloyds Bank International Limited Staff Provident Fund.

9. (1) All books and other documents which would, before
the appointed day, have been evidence in respect of any matter for or
against LBI shall be admissible in evidence in respect of the same
matter for or against Lloyds.

(2) In this section 'documents' has the same meaning as in
section 55 of the Evidence Ordinance.

10. (1) On and from the appointed day Part III of the
Evidence Ordinance shall apply to the banker's records of LBI
deemed to be vested in Lloyds by virtue of this Ordinance, and to
entries made in those records before the appointed day, as if such
records were the records of Lloyds.

(2) For the purposes of section 20 of the Evidence Ordinance,
banker's records which are deemed to have become the banker's
records of Lloyds by virtue of this Ordinance shall be deemed to
have been the ordinary banker's records of Lloyds at the time of the
making of any entry therein which purports to have been made
before the appointed day, and any such entry shall be deemed to
have been made in the usual and ordinary course of business.

(3) In this section 'banker's records' shall be construed in
accordance with section 2 of the Evidence Ordinance.

11. (1) The production of a Government Printer's copy of
this Ordinance shall, for all purposes. be conclusive evidence of the





vesting of any property and liabilities of LBI in Lloyds in accordance
with the provisions of this Ordinance.

(2) Without prejudice to the generality of subsection (1)-

(a)any document made or executed on or after the appointed
day, whereby Lloyds or LBI, whether alone or jointly with any
other person, conveys or transfers, or purports to convey or
transfer, to any person (whether for consideration or not), or
applies to be registered as the holder or proprietor of, any
property held by LBI immediately before the appointed day,
whether alone or jointly with any other person, shall be
sufficient evidence that the interest of LBI in that property

(i) in the case of such a document referring to the property
as property held by Lloyds, is deemed to be vested in Lloyds
under this Ordinance; and

(ii) in the case of such a document referring to the property
as property held by LBI, is not deemed to be vested in Lloyds
under this Ordinance;

(b)where there is any other transaction by Lloyds or LBI on or
after the appointed day in connection with, or in relation to,
any property or liabilities which are property or liabilities of
LBI immediately before that day, it shall be deemed in favour
of any other party to the transaction, or any person claiming
through or under him, that Lloyds or, as the case may be, LBI
has full power and authority for that transaction as if

(i) in the case of a transaction by Lloyds, the property or
liabilities were deemed to be vested in it under this Ordinance;
and

(ii) in the case of a transaction by LBI, the property or
liabilities were not deemed to be vested in Lloyds under this
Ordinance;

(c)a joint certificate given by or on behalf of LBI and Lloyds,
whether given before, on or after the appointed day, that any
property or liabilities specified in the certificate is or is not at
the date so specified deemed to be vested in Lloyds under
this Ordinance, shall be conclusive evidence for all purposes
of the fact so certified;

(d)nothing in paragraphs (b) and (c) affects the liability of LBI or
Lloyds to the other of them in respect of anything done, or
purporting to have been done, by either of them in connexion
with, or in relation to, any property or liabilities;

(e)in this section 'convey' includes mortgage, charge, lease,
assent, vest by way of vesting declaration or vesting
instrument, disclaim, release or otherwise assure.

12. The deemed vesting of an interest in land by or under this
Ordinance shall not





(a)constitute a purchase or creation of that interest for the
purposes of section 1191E(2) of the Landlord and Tenant
(Consolidation) Ordinance;

(b)constitute an assignment, transfer, devolution, alienation,
parting with possession, dealing with or other disposition of
that interest for the purposes of any provision contained in
any instrument concerning that interest;

(c) give rise to any forfeiture;

(d) invalidate or discharge any contract or security; or

(e)operate so as to merge any leasehold interest in the reversion
expectant on it.

13. Nothing in this Ordinance shall exempt Lloyds or LBI or any
other subsidiary of Lloyds from the provisions of any enactment
regulating the carrying on of the business of any of them.

14. Nothing in this Ordinance shall prejudice the powers of Lloyds
to alter its memorandum and articles of association or to dispose of, or
deal with, its assets or to carry on or discontinue any part of its
business., and nothing in this Ordinance shall prejudice the powers of
LBI to dispose of, or deal with, its assets before the appointed day.

15. Nothing in this Ordinance shall affects or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance and those claiming by, from or
under them.
Originally 43 of 1985 Preamble Short title Interpretation Notice of appointed day Recognition of vesting of LBI's undertaking in Lloyds Trust property and wills Supplementary provisions Contracts of employment Pensions Evidence: books and documents Part III of Evidence Ordinance Evidence of vesting Interests in lands Saving for enactments concerning banking institutions Saving for companies Saving

Originally 43 of 1985 Preamble Short title Interpretation Notice of appointed day Recognition of vesting of LBI's undertaking in Lloyds Trust property and wills Supplementary provisions Contracts of employment Pensions Evidence: books and documents Part III of Evidence Ordinance Evidence of vesting Interests in lands Saving for enactments concerning banking institutions Saving for companies Saving

https://oelawhk.lib.hku.hk/items/show/3615

STANDARD CHARTERED ASIA LIMITED ORDINANCE

LAWS OF HONG KONG

STANDARD CHARTERED ASIA LIMITED

ORDINANCE

CHAPTER 1136





CHAPTER 1136

STANDARD CHARTERED ASIA LIMITED

To providefor the vesting in Standard Chartered Asia Limited of the
undertaking of MAIBL Bermuda (Far East) Limited; andfor
purposes incidental and ancillary thereto.

[9 November 1984.1

1. This Ordinance may be cited as the Standard Chartered Asia
Limited Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

'the appointed day' means 31 December 1984;

'customer' includes any person having a banking account or other
dealing, transaction or arrangement in the course of business with
SC Asia or, as the case may be, M 13FEL;

'excluded items' means documents required to be kept pursuant to the
provisions of the Companies Ordinance;

'existing' means existing or in force immediately before the appointed
day;

'liabilities' includes duties and obligations of every description
wheresoever arising (whether existing or future, actual or
contingent), but does not include any excluded item;

'MBFEL' means MAIBL Bermuda (Far East) Limited;

'property' means property and assets of every description
wheresoever situate, and includes property held on trust and
securities, rights, benefits and powers of every description, but
does not include any excluded item;

'SC Asia' means Standard Chartered Asia Limited; and

'security' includes a mortgage or charge (whether legal or equitable),
debenture, bill of exchange, promissory note, guarantee, lien,
pledge (whether actual or constructive). hypothecation, indemnity.
undertaking or other means of securing payment or discharge of a
debt or liability (whether existing or future, actual or contingent).

(2) For the purposes of this Ordinance-

(a)references to property and liabilities of M13FEL are
references to all such property and liabilities, whether or not
capable of being transferred or assigned by MBFEL;

(b)any such reference to property of MBFEL is a reference to
property of MBFEL whether situated in Hong Kong or
elsewhere; and





(c)any such reference to rights or liabilities of M13FIEL is a
reference to rights to which M13FIEL is entitled or, as the
case may be, to liabilities to which MBFEL is subject, whether
under the law of Hong Kong or under the law of any country
or territory outside Hong Kong.

3. (1) On the appointed day, all existing property and liabilities of
M13FIEL of whatsoever nature and whether M13FIEL holds or is
subject to the same beneficially or in any fiduciary capacity shall, by
virtue of this Ordinance and without further assurance, vest in SC Asia
and become the property and liabilities of SC Asia as if in all respects
SC Asia were the same person in law as M13FEL to the intent that SC
Asia shall succeed to the whole undertaking of M13FEL.

(2) As consideration for the vesting of property and liabilities
under subsection (1) SC Asia shall issue and allot to Standard Chartered
Merchant Bank Limited such number of ordinary shares of 51 each in
the capital of SC Asia credited as fully paid as SC Asia shall direct and
in connexion with such issue and allotment SC Asia shall not be obliged
to credit or otherwise transfer any amount to its share premium account.

(3) Where the vesting of any property referred to in subsection (1)
is governed otherwise than by the law of Hong Kong. M13FIEL shall. if
SC Asia so requires, so soon as is practicable after the appointed day.
take all necessary steps for securing the effective vesting of such
property in SC Asia and, pending such vesting. M13FEL shall hold any
such property in trust for SC Asia.

4. Immediately after the property and liabilities of M13FEL have
vested in SC Asia pursuant to section 3. by virtue of this Ordinance

(a)the authorized and issued share capital of M B FEL shall be
reduced to 100 ordinary shares of United States SI each and
MBFEL's share premium account shall be reduced to nil;

(b)all of the ordinary shares in the capital of M 13FEL shall be
vested in SC Asia; and

(c)M13FIEL shall cease to be registered as a deposit-taking
company under the Deposit-taking Companies Ordinance.

5. Notwithstanding the provisions of any other Ordinance-

(a)the balance sheets and profit and loss accounts of SC Asia
and M BFEL for the accounting period of each company in
which the appointed day falls shall be prepared in all respects
as if the property and liabilities of M13FEL had vested in SC
Asia pursuant to section 3 on the first day of such accounting
periods; and





(b)any retained profits of M BFEL as at the first day of such
accounting periods and any reserves arising on the vesting of
the property and liabilities of MBFEL in SC Asia pursuant to
section 3 shall be distributable by SC Asia.

6. (1) Any property vested in SC Asia by virtue of this Ordinance
which immediately before the appointed day was held by M13FEL,
whether alone or Jointly with any other person. as trustee or custodian
trustee of any trust deed, settlement, covenant, agreement or other
instrument (whether originally so appointed or not, and whether
appointed under hand or seal, or by order of any court), as judicial
trustee appointed by order of any court or in any other fiduciary
capacity, shall on and from the appointed day be held by SC Asia alone
or, as the case may be, jointly with such other person in the same
capacity upon the trusts. and with and subject to the powers,
provisions and liabilities. applicable thereto respectively.

(2) Any existing instrument or order of any court under or by virtue
of which any property became vested in M 13FEL in any such fiduciary
capacity, and any provision therein. or any existing contract or
arrangement for the payment to. or retention by. M 13FEL of
remuneration for its services in any such fiduciary capacity, shall. on
and from the appointed day. be construed and have effect. so far as the
context permits. as if for any reference therein to M 13FEL (other than a
reference, however worded and whether express or implied, to terms and
conditions of or to a scale of fees of M 13FEL) there were substituted a
reference to SC Asia.

7. Without prejudice to the generality of the foregoing provisions
of this Ordinance but subject to any provision in this Ordinance to the
contrary effect. the following provisions shall have effect in relation to
property and liabilities vested in SC Asia by virtue of this Ordinance

(a)every existing contract to which MBFEL is a party (whether in
writing or not) shall be construed and have effect on and from
the appointed day as if

(i) SC Asia had been a party thereto instead of M13FEL;

(ii) for any reference (however worded and whether express
or implied) to M13FIEL there were substituted, as respects
anything falling to be done on or after the appointed day, a
reference to SC Asia; and

(iii) any reference (however worded and whether express or
implied) to the directors or to any director, officer, clerk or
servant of M13FIEL were, as respects anything falling to be
done on or after the appointed day, a reference to the
directors of SC Asia or, as the case may require, to such
director, officer, clerk or servant of SC Asia, as SC Asia may
appoint for that purpose or, in default of appointment, to the
director, officer, clerk or servant of SC Asia who corresponds
as nearly as may be to the firstmentioned director, officer,
clerk or servant;





(b)sub-paragraphs (ii) and (iii) of paragraph (a) shall apply to
any statutory provision and to any provision of any
existing contract to which MBFEL was not a party and
sub-paragraphs (i), (ii) and (iii) of that paragraph shall
apply to any provision of any other existing document (not
being a contract) in the same manner as, in any such case,
they apply to a contract to which paragraph (a) applies;

(c)any account between M13FEL and a customer shall, on
and from the appointed day, become an account between
SC Asia and the customer subject to the same conditions
and incidents as theretofore; and such account shall be
deemed for all purposes to be a single continuing account:

Provided that nothing herein shall affect any right of
SC Asia or of the customer to vary the conditions or
incidents subject to which any account is kept;

(d)any existing instruction, order, direction, mandate, power
of attorney, authority, undertaking or consent given to
M 13FEL (whether in writing or not and whether or not in
relation to an account) shall have effect, on and from the
appointed day. as if given to SC Asia;

(e)any negotiable instrument or order for payment of money
drawn on, or given to, or accepted or endorsed by
MBFEL, or payable at any place of business of MBFEL,
whether so drawn, given, accepted or endorsed before, on
or after the appointed day, shall have the same effect on
and from the appointed day, as if it had been drawn on, or
given to, or accepted or endorsed by SC Asia or were
payable at the same place of business of SC Asia;

the custody of any document, goods or other thing held by
M 13FEL as bailee shall pass to SC Asia on the appointed
day. and the rights and obligations of MBFEL under any
contract of bailment relating to any such document, goods
or thing shall on the appointed day become rights and
obligations of SC Asia;

(g)any security held immediately before the appointed day by,
or by a nominee of, or trustee for, MBFEL as security for
the payment or discharge of any debt or liability (whether
existing or future, actual or contingent) shall, on and from
the appointed day, be held by, or (as the case may require)
by that nominee or trustee as nominee or trustee for, SC
Asia and to the extent of that debt or liability be available
to SC Asia, as security for the payment or discharge of that
debt or liability, and any such security which extends to
future advances or liabilities shall, on and from the ap-
pointed day, be held by, and be available as aforesaid to,
SC Asia as security for future advances by, and future
liabilities to, SC Asia in the same manner in all respects as
future advances by or liabilities to MBFEL were secured
thereby immediately before that day;





(h)where by virtue of this Ordinance any right or liability of
M13FEL becomes a right or liability of SC Asia, SC Asia and
all other persons shall, on and from the appointed day, have
the same rights, powers and remedies (and in particular the
same rights and powers as to taking or resisting legal
proceedings or making or resisting applications to any
authority) for ascertaining, perfecting or enforcing that right or
liability as if it had at all times been a right or liability of SC
Asia and any legal proceedings or applications to any
authority pending immediately before the appointed day by or
against MBFEL may be continued by or against SC Asia; and

(i)any judgment or award obtained by or against M13FEL and
not fully satisfied before the appointed day shall, to the extent
to which it is enforceable by or against M 13FEL. be
enforceable by or against SC Asia.

8. (1) Paragraph (a) of section 7 applies to a contract for the
employment of any person by MBFEL; and employment with M13FEL
and SC Asia under any such contract shall be deemed for all purposes
to be a single continuing employment.

(2) No director, secretary or auditor of M13FEL shall by virtue only
of this Ordinance become a director, secretary or, as the case may be,
auditor of SC Asia.

9. (1) All records and other documents which would. before the
appointed day, have been evidence in respect of any matter for or
against MBFEL shall be admissible in evidence in respect of the same
matter for or against SC Asia.

(2) In this section 'documents' shall be construed in accordance
with section 55 of the Evidence Ordinance.

10. (1) On and from the appointed day, Part 111 of the Evidence
Ordinance shall apply to the banker's records of MBFEL vested in SC
Asia by virtue of this Ordinance, and to entries made therein before the
appointed day, as if such banker's records were the banker's records of
SC Asia.

(2) For the purposes of section 20 of the Evidence Ordinance,
banker's records which become the banker's records of SC Asia by
virtue of this Ordinance shall be deemed to have been the ordinary
banker's records of SC Asia at the time of the making of any entry
therein which purports to have been made before the appointed day,
and any such entry shall be deemed to have been made in the usual and
ordinary course of business.

(3) In this section 'banker's records' shall be construed in
accordance with section 2 of the Evidence Ordinance.

11. (1) The production of a Government Printer's copy of this
Ordinance shall, for all purposes, be conclusive evidence of the vesting
of the property and liabilities of M13FEL in SC Asia in accordance with
the provisions of this Ordinance.





(2) Without prejudice to the generality of subsection (1), any
document made or executed on or after the appointed day whereby SC
Asia, whether alone or jointly with any other person, conveys or
transfers, or purports to convey or transfer, to any person (whether for
consideration or not), or applies to be registered as the holder or
proprietor of, any property held by MBFEL immediately before the
appointed day, whether alone or jointly with any other person, shall be
sufficient evidence that the interest of MBFEL in such property became
vested in SC Asia by virtue of this Ordinance.

(3) Nothing in this section applies to any property falling within
section 3(3) of this Ordinance.

12. The vesting in SC Asia of an interest in land by virtue of this
Ordinance shall not

(a)constitute a purchase or creation of that interest for the
purposes of section 119E(2) of the Landlord and Tenant
(Consolidation) Ordinance; or

(b)constitute an assignment. transfer, devolution, parting with
possession or other disposition of that interest for the
purposes of any provision relating to assignment, transfer.
devolution, parting with possession or other disposition
contained in any instrument concerning that interest. or

(c) give rise to any forfeiture. or

(d) invalidate or discharge any contract or security; or

(e)operate so as to merge any leasehold interest in the reversion
expectant on it.

13. Nothing in this Ordinance shall derogate from or prejudice the
powers of SC Asia to alter its memorandum and articles of association or
to dispose of, or deal with, its assets or to carry on or discontinue its
business or any part thereof.

14. Save as expressly provided in this Ordinance, nothing in this
Ordinance shall exempt M 13FEL or SC Asia from the provisions of any
enactment regulating the carrying on of the business of either of them.

15. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors, or the rights
of any body politic or corporate or of any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.

16. The costs, charges and expenses preliminary to, and of and
incidental to, the preparing for, obtaining and passing of this Ordinance,
or otherwise in relation thereto, shall be paid by SC Asia.
Originally 74 of 1984 Short title Interpretation Vesting of MBFEL's undertaking in SC Asia MBFEL to be a subsidiary of SC Asia Accounting treatment of SC Asia and MBFEL Trust property Supplementary provisions Contracts of employment Evidence and records and documents Application of Part III of Evidence Ordinance Evidence of vesting Vesting of interests in land Saving for SC Asia Saving for enactments concerning financial institutions Saving Costs of Ordinance

Originally 74 of 1984 Short title Interpretation Vesting of MBFEL's undertaking in SC Asia MBFEL to be a subsidiary of SC Asia Accounting treatment of SC Asia and MBFEL Trust property Supplementary provisions Contracts of employment Evidence and records and documents Application of Part III of Evidence Ordinance Evidence of vesting Vesting of interests in land Saving for SC Asia Saving for enactments concerning financial institutions Saving Costs of Ordinance

https://oelawhk.lib.hku.hk/items/show/3614

THE HONG KONG ACADEMY FOR PERFORMING ARTS ORDINANCE

LAWS OF HONG KONG

THE HONG KONG ACADEMY FOR PERFORMING

ARTS ORDINANCE

CHAPTER 1135





CHAPTER 1135

THE HONG KONG ACADEMY FOR PERFORMING ARTS ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................................Page
PART 1

PRELIMINARY

1. Short title....................... ... ... ... ... ... ... ... ... ... ... 3
2. Interpretation..................... ... ... . ... ... ... ... ... ... 3

PART 11

THE ACADEMY

3. Establishment, incorporation and objects of Academy ... ... ... ... ... ... 3
4. President and Patrons ... ... ... ... ... ... ... ... ... ... ... ... ... 4
5. Seal of the Academy ... ... ... ... ... ... ... ... ... ... ... ... ... 4
6. Documents of the Academy ... ... ... ... ... ... ... ... ... ... ... ... 4
7. The powers of the Academy ... ... ... ... ... ... ... ... ... ... ... ... 4
8. Academy to be subject to the directions of the Governor in Council ... ... ... 5

PART III

THE COUNCIL

9. Establishment of the Council ... ... ... ... ... ... ... ... ... ... ... 6
10. Membership of the Council ... ... ... ... ... ... ... ... ... ... ... ... 6
11. Meetings and procedure of the Council ... ... ... ... ... ... ... ... ... 7
12. Transaction of business by circulation of papers ... ... ... ... ... ... ... 7
13. Appointment and functions of committees ... ... ... ... ... 1 .. ... ... 7
14. Power of Council to delegate to a committee or the Chairman ... ... ... ... 8

PART IV

DIRECTOR AND STAFF

15. Appointment of Director and other staff ... ... ... ... ... ... ... ... ... 8
16. Power of the Council to delegate to the Director ... ... ... ... ... ... ... 9
17. Power of the Director to delegate ... ... ... ... ... ... ... ... ... ... 9

PART V

ACADEMIC BOARD

18. Academic Board ofthe Academy ... ... ... ... ... ... ... ... ... ... 9
19. Powers of the Academic Board ... ... ... ... ... ... ... ... ... ... ... 9

PART VI

FINANCIAL ESTIMATES AND PROGRAMME

20. Programme and estimates ... ... ... ... ... ... ... ... ... ... ... ... 10





Section Page
21. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
22.......Auditors ............................. ... ... ... ... ... ... ... ... ... 10
23. Statements and reports to be submitted to the Governor and laid on table of
Legislative Council ... ... ... ... ... ... ... ... ... ... ... ...

PART VII

GENERAL

24.....................Power of Academy to make rules ... ... ... ... ... ... ... ... ... 11
25.......By-laws .............................. ... ... ... ... ... ... ... ... 11
26.......................Unauthorized use of title of Academy ... ... ... ... ... ... ... ... 12
27. Transfer of rights and liabilities, and other transitional provisions ... ... ... 12





CHAPTER 1135

THE HONG KONG ACADEMY FOR PERFORMING ARTS

To provide for the establishment of The Hong Kong Academy for
Performing Arts andfor matters connected therewith.

[1 July 1984.]

PART I

PRELIMINARY

1. This Ordinance may be cited as The Hong Kong Academy for
Performing Arts Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Academic Board' means the Academic Board of the Academy
appointed under section 18;

,,academic awards' includes degrees, diplomas and honorary degrees
and diplomas;

'Academy' means The Hong Kong Academy for Performing Arts
established by section 3;

'Chairman' and 'Deputy Chairman' mean respectively the Chairman of
the Council and the Deputy Chairman of the Council;

'Council' means the Council of the Academy established by section 9;

'Director' means the Director of the Academy appointed under section
15(1)(a) and any person for the time being acting in that capacity;

'eligible staff' means the full time teaching and instructional staff of the
Academy and other full time staff of the Academy of a rank or
grade equivalent thereto;

'financial year' means the period fixed by the Academy under section
21(3).

PART 11

THE ACADEMY

3. (1) There is hereby established a corporation to be known as
The Hong Kong Academy for Performing Arts

which shall, in that name, be a body corporate with perpetual
succession and be capable of suing and being sued.





(2) The objects of the Academy shall, subject to this Ordin-
ance, be to foster and provide for training, education and research in
the performing arts and related technical arts.

4. (1) There shall be a President of the Academy.

(2) The Governor shall be the President of the Academy.

(3) The Academy may appoint such persons to be Patron of
the Academy as it thinks fit.

5. The Academy shall have a common seal, and the fixing of
the seal shall be-

(a) authorized or ratified by resolution of the Council; and

(b)authenticated by the signature of any 2 members of the
Council authorized by the Council, either generally or
specially, to act for that purpose.

6. (1) The Academy may make and execute any document in
the performance or exercise of its functions or powers or in con-
nexion with any matter reasonably incidental to or consequential
upon the performance or exercise of its functions or powers.

(2) Any document purporting to be duly executed under the
seal of the Academy shall be admitted in evidence and shall, unless
the contrary is proved, be deemed to have been duly executed.

7. Subject to section 8, the Academy shall have power to do
all such things as are necessary for, or incidental or conducive to or
connected with the furtherance of its functions and may in partic-
ular, but without prejudice to the generality of the foregoing,-

(a)acquire, take on lease, purchase, hold and enjoy property
of any description for the purposes of the Academy and
sell, let or otherwise dispose of or deal with the same in
such manner and to such extent as the law would allow if
the property were held by a natural person in the same
interest;

(b) enter into any contract;

(c)erect, provide, equip, maintain, alter, remove, demolish,
replace, enlarge, improve, keep in repair and regulate its
buildings, premises, furniture and equipment;

(d)set terms of remuneration and conditions of service for
staff,

(e) engage persons on a part time basis;

provide appropriate amenities (including residential
accommodation and facilities for social activities and
physical recreation) for its students and for persons in its
service or employment;





(g) receive and expend funds;

(h)invest its funds in such manner and to such extent as it
thinks necessary or expedient;

(i)borrow money in such manner and on such security or
terms as it thinks expedient;

(j)apply for and receive any grant in aid for its functions on
such conditions as it thinks fit;

(k)engage any professional or expert person to advise it on
any matter;

(1) fix and collect fees and charges for courses of study;

(m)fix and collect fees and charges and specify conditions for
the use of the facilities and other services provided by it;

(n)reduce, waive or refund fees and charges fixed in exercise of
its powers under this section generally or in any particular
case or class of case;

(o)receive and solicit gifts, whether on trust or otherwise, and
act as trustee of moneys or other property vested in it on
trust;

(p)print, reproduce, or publish or arrange for the printing,
reproduction or publishing of any manuscript, book, play,
music, script, programme, poster, advertisement or other
material including video and audio material, as it deems
expedient;

(q)commission any play, script, composition, choreography
or other work;

(r)provide financial assistance, by way of grant or loan, to
any person to enable or assist such person to receive
education in the performing arts and related technical arts
at the Academy or elsewhere;

(s)organize, conduct and participate in events relating to the
performing arts and related technical arts;

(t) confer academic awards.

8. (1) The Governor in Council may give to the Academy
such directions as he thinks fit with respect to the exercise of its
powers or the performance of its functions under this Ordinance,
either generally or in any particular case.

(2) In the exercise of its powers and the performance of its
functions under this Ordinance the Academy shall comply with any
directions given by the Governor in Council under subsection (1).

(3) The Governor in Council may delegate the powers con-
ferred upon him by this section to a public officer.





PART 111

THE COUNCIL

9. (1) There is hereby established a Council to be known as the
Council of The Hong Kong Academy for Performing Arts.

(2) The Council shall be the governing and executive body of the
Academy and, as such, may exercise all the powers conferred and shall
perform all the duties imposed on the Academy by this Ordinance.

10. (1) The following persons shall be members of the Council

(a) the Director ex officio;

(b)2 persons elected by the eligible staff from among their
number, in accordance with rules made under section 24, and
appointed by the Governor; and

(c)not more than 15 other persons appointed by the Governor of
whom not more than 6 shall be public officers.

(2)(a) The Governor shall appoint from the members of the
Council appointed under subsection (1)(c)

(i) 1 person as Chairman;

(ii) 1 person as Deputy Chairman; and
(iii) 1 person as Treasurer.

(b)The Deputy Chairman shall act as Chairman if the Chairman is
absent from Hong Kong or is, for any other reason, unable to
act as Chairman.

(c)If for any period both the Chairman and the Deputy Chairman
are absent from Hong Kong or are, for any other reason,
unable to perform the functions of their respective offices the
members of the Council appointed under subsection (1)(c)
may appoint one of their number to act as Chairman during
that period.

(3)(a) Every member of the Council who is a public officer shall
hold office as such member during the pleasure of the
Governor.

(b)Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member of the Council, other
than the Director or a public officer, shall be appointed for a
period of 3 years or such lesser period as the Governor may in
any particular case appoint, but may from time to time be re-
appointed.

(c)A member of the Council, other than the Director or a public
officer, may at any time by notice in writing to the Governor
resign from the Council.





(4) Upon the expiry of the appointment of any member of the
Council, other than the Director, whether by effluxion of time or as a
result of resignation or otherwise, the procedure for a new appoint-
ment, or re-appointment, as the case may be, shall be as if the
position thus vacated were being filled for the first time.

11. (1) Meetings of the Council shall be held at such times
and places as the Chairman or person acting as Chairman may
appoint.

(2) 8 members of the Council shall form a quorum at a
meeting of the Council.

(3) Except as otherwise provided in section 15, any question
before the Council at any meeting shall be decided by a majority of
votes of the members of the Council present and voting thereon and
in the event of an equality of votes the Chairman or person acting as
Chairman shall have a casting vote in addition to his original vote.

(4)(a) If a member of the Council has an interest in any
matters to be considered at a meeting of the Council at
which he is present, he shall as soon as possible after the
commencement of the meeting state the fact and nature of
the interest and shall, if required by the Council, withdraw
while the matter is considered and in any case shall not
vote thereon.

(b) In this subsection 'interest' includes a pecuniary interest.

(5) A meeting of the Council-

(a)may be adjourned by the Chairman or person acting as
Chairman;

(b) shall be adjourned where the Council so resolves.

(6) Subject to this Ordinance, the Council may determine its
own procedure and may exclude from any meeting or any part
thereof the Director or any member of the Council appointed under
section 10(1)(b) when in the opinion of the Chairman, or the person
acting as Chairman, such exclusion is in the best interest of the
Academy.

12. The Council may transact any of its business by circulation
of papers, and a resolution in writing which is approved in writing
by a majority of the members of the Council shall be as valid and
effectual as if it had been passed at a meeting of the Council.

13. (1) The Council may create and appoint the members of
such committees for any general or special purposes, as it thinks fit
and any such committee may consist partly of persons who are not
members of the Council.





(2) The chairman of any committee appointed under subsection (1)
shall be appointed by the Council from among the members of the
Council.

(3) Subject to the directions of the Council, each committee may
determine its own procedure at its meetings.

14. (1) Subject to subsection (2), the Council may by resolution,
with or without restrictions or conditions as it thinks fit, delegate in
writing any of its powers and duties to

(a) any committee created under section 13(1);

(b) the Chairman.

(2) Save as otherwise provided for in this Ordinance the Council
shall not delegate the power to

(a)approve the programme and estimates required to be
submitted under section 20;

(b)authorize the submission of the statements and reports
required to be submitted under section 23(1);

(c) make rules under section 24;

(d) make by-laws under section 25.

PART IV

DIRECTOR AND STAFF

15. (1) The Academy shall-

(a)in accordance with subsection (2), appoint a Director who
shall be responsible to the Council and in whom shall be
vested the management, conduct and administration of the
Academy, the maintenance of academic standards and the
discipline of students thereof,

(b)appoint such other persons to be employees of the Academy
as it may consider expedient.

(2) The Director shall be appointed by resolution passed by the
votes of not less than 9 members of the Council.

(3) The Director may be removed from office by resolution passed
by the votes of not less than 9 members of the Council on the ground of
his mis-conduct incompetence or inefficiency or for other good cause.

(4) If for any period the Director is unable by reason of absence
from Hong Kong or incapacity to perform the functions of his office or
if for any period the office is vacant, the Academy may appoint a person
to act as Director during that period.





(5) In this section 'members of the Council' does not include
members of the Council appointed under section 10(1)(b).

16. (1) Subject to subsection (2), the Council may by resolution,
with or without restrictions or conditions as it thinks fit, delegate in
writing to the Director any of its powers and duties.

(2) The Council shall not delegate to the Director the power to

(a)approve the programme and estimates required to be
submitted under section 20;

(b)authorize the submission of the statements and reports
required to be submitted under section 23(1);

(e) make rules under section 24;

(d) make by-laws under section 25;

(e) appoint an acting Director.

17. (1) Subject to subsection (2). the Director may in writing
with or without restrictions or conditions as he thinks fit. delegate to
such person or committee of persons as he thinks fit, his powers and
duties, including any power or duty of the Council delegated to him
under section 16.

(2) The power conferred by this section on the Director to delegate
any power or duty of the Council delegated to him under section 16, and
the exercise by any person or committee of persons of any such power
or duty delegated by the Director under this section, shall be subject to
any restriction or condition imposed by the Council in respect of the
Director's exercise thereof under section 16.

PART V

ACADEMIC BOARD

18. (1) There shall be an Academic Board of the Academy.

(2) The Academic Board shall consist of-

(a) the Director, who shall be Chairman;

(b) such other persons as may be appointed by the Council.

(3) The appointment of persons under subsection (2)(b) shall be in
accordance with rules made under section 24.

19. (1) The Academic Board shall, subject to this Ordinance, have
the power and duty to

(a)review and develop the academic programmes of the Academy;





(b)direct and regulate the training, education and research
conducted in the Academy;

(c)regulate the admission of persons to approved courses of
study in the Academy and their attendance at such courses;

(d)regulate the examinations leading to the conferment of
academic awards of the Academy;

(e) provide for the welfare and discipline of students;

advise the Council on any matter which may be referred to
it by the Council;

(g)recommend the conferment of academic awards (other
than honorary awards); and

(h) determine its own procedure.

(2) The Academic Board may make rules, not inconsistent
with any rules made under section 24, for the better exercise and
performance of its powers and duties under subsection (1).

PART VI

FINANCIAL ESTIMATES AND PROGRAMME

20. The Academy shall submit to a person nominated by the
Governor, at such time and in respect of such periods as the
Governor may direct, a programme of its proposed activities and
estimates of its income and expenditure.

21. (1) The Academy shall maintain proper accounts and
records of all income and expenditure.

(2) After the end of each financial year the Academy shall
cause to be prepared statements of income and expenditure relating
to the previous financial year and of the assets and liabilities of the
Academy on the last day thereof.

(3) The Academy may, from time to time, with the prior
approval of the Governor, fix a period to be the financial year of the
Academy.

22. (1) The Academy shall appoint an auditor who shall be
entitled at any time-

(a)to have access to such books of account, vouchers and
other records of the Academy; and

(b) to require such information and explanation,

as he considers necessary to discharge his functions.

(2) The auditor shall audit the statements prepared under
section 21(2) and shall report thereon to the Academy.





23. (1) The Academy shall, not later than 6 months after the
end of each financial year, or by such later date as the Governor may
allow in any particular year, submit to the Governor a report on the
activities of the Academy and copies of the statements prepared
under section 21(2) and of the report made under section 22(2).

(2) The Governor shall cause the reports and statements
received by him under subsection (1) to be laid on the table of the
Legislative Council not later than 3 months after their receipt.

PART VII

GENERAL

24. The Academy may make rules for the better carrying out
of the provisions of this Ordinance and in particular, but without
prejudice to the generality of the foregoing may, by such rules,
provide for the-

(a)appointment of persons as members of the Academic
Board and the quorum of the Academic Board;

(b)powers, functions and duties of any committee created
under section 13;

(c)quorum and the regulation of the proceedings of any
committee created under section 13;

(d) discipline of persons in the employment of the Academy;

(e) conferment of academic awards; and

holding and conduct of elections for electing representa-
tives of the eligible staff for appointment to the Council
under section 10(1)(b).

25. (1) The Academy may, under its common seal, make
by-laws not inconsistent with this Ordinance for all or any of the
following purposes-

(a)the management and control, including the closing or
partial closing, of the premises;

(b)the fixing of the times or occasions during which the
premises or any part thereof may be open to any class of
persons;

(c)the regulation of the conduct of persons in or on the
premises or any part thereof and for the arrest, detention
and removal therefrom of any person who infringes any of
the provisions of any by-law made pursuant to this section;





(d)the control (including prohibition) of trading, advertising or
the erection of structures in or on the premises; the removal,
storage and sale of any trading, advertising or construction
materials that are brought into or remain in or on the premises
in contravention of any by-law made under this section; the
recovery of any costs incurred in respect of such removal,
storage and sale; and the forfeiture of the proceeds of such
sale;

(e)the general regulation and management of the premises and of
any facility, equipment or fitting provided therein.

(2) Any by-law made under this section may provide that a
contravention of specified provisions thereof shall be an offence and
may prescribe penalties therefor not exceeding a fine of 52,000 and
imprisonment for 3 months.

(3) Without prejudice to any Ordinance relating to the prosecution
of criminal offences or to the powers of the Attorney General in relation
to the prosecution of criminal offences, prosecutions under any by-law
made under this section may be brought in the name of the Academy.

(4) In this section 'premises' means any premises or land of the
Academy.

26. (1) No person shall incorporate or form, or be a director, office
bearer or organizer of, work in connexion with, or be a member of, any
company, body corporate, firm or organization which, without the
written authority of the Academy

(a) purports or holds itself out to be-

(i) the Academy or any branch or part thereof; or

(ii) connected or associated with the Academy in any
manner whatsoever; or

(b) uses the title 'The Hong Kong Academy for Performing
Arts' or or a title in any language which
so closely resembles the title 'The Hong Kong Academy
for Performing Arts' or as to be capable
of deceiving or misleading any person into believing that
the company, body corporate, firm or organization is-

(i) the Academy or any branch or part thereof., or

(ii) connected or associated with the Academy in any
manner whatsoever.

(2) Any person who contravenes subsection (1) commits an
offence and is liable to a fine of $10,000.

27. (1) All property, whether movable or immovable, rights,
obligations and liabilities of the Provisional Council immediately before
the commencement of this Ordinance are as from such commencement
the property, rights, obligations and liabilities of the





Academy and the Academy shall have all necessary powers to enjoy
that property, enforce those rights and discharge those obligations
and liabilities.

(2) Without limiting the generality of subsection (1), every
agreement, whether in writing or not, to which the Provisional
Council was a party immediately before the commencement of this
Ordinance and whether or not such agreement is of such a nature
that the rights and liabilities thereunder could be assigned, shall have
effect from such commencement as if-

(a)the Academy had been party to such agreement in lieu of
the Provisional Council; and

(b)for any reference, however worded and whether expressed
or implied, to the Provisional Council there were substi-
tuted in respect of anything to be done or omitted on or
after the commencement of this Ordinance a reference to
the Academy.

(3) Where necessary for the purpose of giving effect to subsec-
tion (1), subsection (2)(b) shall also apply to any document, not
being an agreement, having references therein to the Provisional
Council.

(4) The appointment of any employee of the Provisional
Council subsisting immediately before the commencement of this
Ordinance shall be deemed to be made by the Academy under this
Ordinance and for the purpose of determining the right to pension,
gratuity or other benefits of such employee on the cessation of his
service, there shall be no break in the continuity thereof by reason
only of this section.

(5) Where anything has been commenced by or under the
authority of the Provisional Council before the commencement of
this Ordinance such thing may be carried on and completed by or
under the authority of the Academy.

(6) In this section 'Provisional Council' means the Provi-
sional Council for The Hong Kong Academy for Performing Arts
appointed by the Governor before the commencement of this
Ordinance.
Originally 38 of 1984 L.N. 178/84 Short title Interpretation Establishment incorporation and objects of Academy President and Patrons Seal of the Academy Document of the Academy This powers of the Academy Academy to be subject to the directions of the Governor in Council Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business of circulation of papers Appointment and functions of committees Power of Council to delegate to a committee or the Chairman Appointment of Director and other staff Power of the Council delegate to the Director Power of the Director to delegate Academic Board of the Academy Powers of the Academic Board Programme and estimates Accounts Auditors Statements and reports to be submitted to the Governor and laid on table of Legislative council Power of Academy to make rules By-laws Unauthorized use of title of Academy Transfer of rights and liabilities and other transitional provisions

Originally 38 of 1984 L.N. 178/84 Short title Interpretation Establishment incorporation and objects of Academy President and Patrons Seal of the Academy Document of the Academy This powers of the Academy Academy to be subject to the directions of the Governor in Council Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business of circulation of papers Appointment and functions of committees Power of Council to delegate to a committee or the Chairman Appointment of Director and other staff Power of the Council delegate to the Director Power of the Director to delegate Academic Board of the Academy Powers of the Academic Board Programme and estimates Accounts Auditors Statements and reports to be submitted to the Governor and laid on table of Legislative council Power of Academy to make rules By-laws Unauthorized use of title of Academy Transfer of rights and liabilities and other transitional provisions

https://oelawhk.lib.hku.hk/items/show/3613

HONG KONG SEA CADET CORPS ORDINANCE

LAWS OF HONG KONG

HONG KONG SEA CADET CORPS ORDINANCE

CHAPTER 1134





CHAPTER 1134

HONG KONG SEA CADET CORPS

To provide for the incorporation of the Area Committee of the Hong
Kong Sea Cadet Corps andfor matters connected therewith.

PART I

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Sea Cadet Corps
Ordinance and shall come into operation on a day to be appointed by
the Governor by notice in the Gazette.

2. (1) In this Ordinance, unless the context otherwise requires

'Area Committee' means the Area Committee of the Hong Kong Sea
Cadet Corps incorporated under section 3;

'constitution- means the constitution referred to in section 7;

'Corps' means the Hong Kong Sea Cadet Corps.

PART II

ESTABLISHMENT AND MANAGEMENT
3. The Area Committee of the Hong Kong Sea Cadet Corps shall in that
name be a body corporate with perpetual succession and
shall be capable of suing and being sued.

4. (1) The Area Committee shall have a common seal and the
affixing of the seal shall

(a)be authorized or ratified by resolution of the Area Committee;
and

(b) be authenticated by-

(i) the signature of the Chairman or the Deputy Chairman of
the Area Committee; and

(ii) the signature of a member of the Area Committee
authorized either generally or specially to act for that purpose.

(2) Any document purporting to be duly executed under the seal of
the Area Committee shall be received in evidence and shall, until the
contrary is proved, be deemed to be duly executed.

5. The objects of the Area Committee are-

(a) to organize, supervise and equip the Corps;





(b)to promote the recreational, social and educational welfare
of youth in Hong Kong;

(c)to provide nautical and other beneficial training of youth
in Hong Kong; and

(d)such other objects, whether ancillary and incidental to the
objects specified in paragraphs (a) and (b) or not, as the
Area Committee may decide to promote for the benefit of
youth in Hong Kong.

6. (1) The Area Committee shall have power to do all
such things as are necessary for, or incidental or conducive to, or
connected with, the better carrying out of its objects, and, in par-
ticular, but without prejudice to the generality of the foregoing,
may-

(a)acquire, take on lease, purchase, hold and enjoy any
property and sell, mortgage. charge, let or otherwise dis-
pose of or deal with the same;

(b) enter into any contract:

(c)erect, provide, equip. maintain, alter, remove, demolish,
replace, enlarge, improve. keep in repair and regulate
its buildings. premises. furniture, equipment and other
property;

(d)provide appropriate amenities (including residential accom-
modation and facilities for social activities and physical
recreation) for members and staff of the Corps;

(c) employ staff. advisers and consultants;

(f) receive and expend funds;

(g)invest its funds in such manner and to such extent as it
thinks appropriate or expedient,

(h)borrow money in such manner and on such securities or
terms as it thinks appropriate or expedient;

(i)apply for and receive any grant in aid for its objects on
such conditions as it thinks appropriate or expedient;

(j)solicit and receive gifts, whether on trust or otherwise, and
act as trustees of any money or other property vested in it
as trustees.

(2) The Area Committee may delegate all or any of its powers
to any person or committee of persons.

7. (1) The office-bearers and members of the Area Com-
mittee at the commencement of this Ordinance shall be. respectively,
the office-bearers and members of the association known as the Area
Committee of the Hong Kong Sea Cadet Corps immediately before
the commencement of this Ordinance and, thereafter, the office-
bearers and members of the Area Committee shall be those persons





who are office-bearers and members of the Area Committee in
accordance with its constitution.

(2) The constitution of the association known as the Area
Committee of the Hong Kong Sea Cadet Corps in operation immediately
before the commencement of this Ordinance shall be the constitution of
the Area Committee.

(3) The constitution of the Area Committee may be amended by
the Area Committee at any time and from time to time in accordance
with the provisions of the constitution for the time being in force.

(4) It shall not be necessary to publish the constitution or any
amended constitution in the GaZette.

8. Subject to its constitution, the Area Committee may conduct its
proceedings and govern its internal management as it thinks fit.

9. On the commencement of this Ordinance-

(a)all that piece or parcel of ground specified in the Schedule,
together with all rights, easements and appurtenances thereto
belonging, shall vest in the Area Committee without any
conveyance or assignment for the unexpired residue of the
term of years created by the Crown lease and Conditions of
Grant specified in the Schedule, subject to the payment of the
rent and performance of the covenants and conditions
reserved by and contained in the said Crown lease and
Conditions of Grant and subject also to such mortgages,
charges, leases, tenancies and other agreements, if any, and
upon such trusts, conditions and stipulations, if any, as may
be subsisting in relation to such premises on the
commencement of this Ordinance; and

(b)the Area Committee shall succeed to all other property, rights,
privileges, obligation and liabilities of the trustees for the time
being of the association known as the Area Committee of the
Hong Kong Sea Cadet Corps.

10. (1) Within 30 days after the commencement of this Ordinance,
the Chairman of the Area Committee shall deliver to the Registrar of
Companies for registration

(a) a notice of the address of the Area Committee;

(b) separate lists containing the names and addresses of(i) the
office-bearers of the Area Committee; and (ii) the members
of the Area Committee;

(c) a copy of the constitution certified by him as a true copy.

(2) Within 30 days after the constitution has been amended at any
time under section 7(3), the Chairman of the Area Committee





shall deliver to the Registrar of Companies for registration a copy of the
constitution as amended, certified by the Chairman of the Area
Committee as being a true copy.

(3) Within 30 days after any change in any of the particulars
required by subsection (1)(a) or (b) to be delivered to the Registrar of
Companies, the Chairman of the Area Committee shall deliver notice of
the change to the Registrar of Companies for registration.

(4) Any person may inspect any of the documents registered under
this section, upon payment of such fee as may be prescribed under
section 304(1A) of the Companies Ordinance for the inspection of a
document.

(5) The Area Committee shall pay such fee for registering any
document under this section as may be specified in the Eighth Schedule
to the Companies Ordinance as if the Area Committee were a company
not having a share capital.

PART III

MISCELLANEOUS

11. No person other than the Area Committee or a person
authorized by the Area Committee. shall distribute or sell or expose for
sale

(a)any badge, token or emblem specifically adopted by the Area
Committee for use by members of the Area Committee or the
Corps; or

(b)any badge, token or emblem containing the words---SEA
CADET CORPS', any badge, token or emblem referred to in
paragraph (a) or the Chinese characters

' or

12. No person shall, except with the authority of the Area
Committee or with other lawful authority or lawful excuse, have in his
possession

(a)any badge, token or emblem specifically adopted by the Area
Committee for use by members of the Area Committee or the
Corps; or

(b)any badge, token or emblem containing the words 'SEA
CADET CORPS', any badge, token or emblem referred to in
paragraph (a) or the Chinese characters
or .

13. No person shall without lawful authority or excuse have in his
possession

(a)any device which so closely resembles any badge, token or
emblem specifically adopted by the Area Committee, for use
by members of the Area Committee or the Corps as to





lead to the belief that the device in question is such badge,
token or emblem; or

(b)any badge, token or emblem containing any words or
characters so closely resembling any words or characters
ordinarily used to describe any members of the Area
Committee or the Corps as to be calculated to deceive or
mislead.

14. No member of the Area Committee or the Corps shall, by virtue
of his wearing, carrying or bearing any badge, token or emblem of the
Area Committee or the Corps or otherwise attempt to enforce or exercise
authority otherwise than in accordance with the constitution.

15. (1) No person shall knowingly form or work in connexion with
or be a member of any organization which, without authority from the
Area Committee, claims or purports to be Sea Cadets. or any
organization, other than the Area Committee or the Corps, which uses
the title of Sea Cadets or the Chinese characters or
or any title in any language, with

or without additional words or characters, which so closely resem-
bles either of the two said titles as to be calculated to deceive or
mislead, or any organization which. by the use of any such title or
otherwise, without due authority purports or claims to be connected
with the Area Committee or the Corps or with the Sea Cadet Corps
incorporated in England by Royal Charter.

(2) No person shall, without the consent of the Governor,
knowingly form or work in connexion with or be a member of any
organization, other than the Area Committee or the Corps, which carries
on or is intended to carry on any work of a similar nature to that carried
on by the Area Committee.

16. Any person who contravenes any of the provisions of section
11, 12, 13, 14 or 15 commits an offence and is liable to a fine of $5,000.

17. Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance and those claiming by, from or
under them.

SCHEDULE [S. 9.1

All that piece or parcel of ground situated at Tsam Chuk Wan, Sai Kung, New
Territories and registered in the District Office Sai Kung as Lot No. 611 in
Demarcation District No. 256 together with the buildings erected thereon as the
same is held from the Crown under and by virtue of the Conditions registered in
the Sai Kung District Office as New Grant No. 6309.
Originally 75 of 1983 Short title and commencement Interpretation Incorporation of Area Committee Seal Objects of the Area Committee Powers of the Area Committee Office-bearers and members Procedure Vesting or rights property, etc. Schedule Particular to be delivered to Registrar of Companies Distribution of badges etc Unauthorized possession of badges Possession of unauthorized badges Wrongful exercise of authority Unauthorized bodies Penalties Saving

Originally 75 of 1983 Short title and commencement Interpretation Incorporation of Area Committee Seal Objects of the Area Committee Powers of the Area Committee Office-bearers and members Procedure Vesting or rights property, etc. Schedule Particular to be delivered to Registrar of Companies Distribution of badges etc Unauthorized possession of badges Possession of unauthorized badges Wrongful exercise of authority Unauthorized bodies Penalties Saving

https://oelawhk.lib.hku.hk/items/show/3612

THE METHODIST CHURCH, HONG KONG, INCORPORATION ORDINANCE

LAWS OF HONG KONG

THE METHODIST CHURCH, HONG KONG,

INCORPORATION ORDINANCE

CHAPTER 1133





CHAPTER 1133

THE METHODIST CHURCH, HONG KONG,
INCORPORATION

To provide for the incorporation of The Methodist Church, Hong
Kong.

[23 December 1983.1

1. This Ordinance may be cited as The Methodist Church, Hong
Kong, Incorporation Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Conference' means a Conference of the delegates of the members of
The Methodist Church, Hong Kong, as defined in the
constitution;

-Conference Committee' means a sub-committee under the control of
the Standing Committee set up by the Corporation in accordance
with the constitution;

'Constitution- means the constitution of The Methodist Church, Hong
Kong, for the time being in force;

'Corporation' means the body incorporated by section 3;

'The Methodist Church, Hong Kong' means The Methodist Church,
Hong Kong, referred to in section 3;

'Standing Committee' means the governing body of the Corporation
set up by the Corporation in accordance with the constitution.

3. There is hereby established a body corporate having for its
members the delegates of the members of The Methodist Church, Hong
Kong, specified in section 6 and which shall have the name 'THE
METHODIST CHURCH, HONG KOW' and in that name shall have
perpetual succession and shall and may sue and be sued in all courts
and tribunals in Hong Kong and shall have and may use a common seal,
and may from time to time, break, change, alter and make anew the said
seal as the Corporation may deem fit.

4. The Corporation shall have full power-

(a)to establish, manage, administer and operate any church,
school, clinic, hospital, welfare centre, or educational or
charitable institution as the Corporation may deem fit;

(b)to acquire, accept leases of, purchase, take or otherwise hold
and enjoy any land, buildings, messuages or tenements of
whatsoever nature or kind and wheresoever;





(c)to acquire, by purchase or otherwise, goods and chattels of
whatsoever nature or kind;

(d)to invest moneys on deposit in any bank or finance
company in Hong Kong or outside Hong Kong or in any
government bonds or on mortgage of any land, buildings,
messuages, or tenements in Hong Kong, or in or on
debentures, debenture-stocks, funds, shares or securities of
any corporation or company carrying on business in Hong
Kong;'

(e)to grant, sell, convey, assign, surrender, yield up, mort-
gage, demise, let, reassign, transfer or otherwise dispose
of, any land, buildings, messuages, tenements, mortgages.
debentures, debenture-stocks, stocks, funds, shares, secu-
rities, vessels. goods or chattels for the time being vested in
the Corporation, upon such terms as the Corporation may
deem fit;

to act as custodian trustee or manager of any property or
fund for any charitable purpose;

(g)to accept gifts, donations and endowments for all or any of
the purposes of The Methodist Church, Hong Kong;

(h)to subscribe to and to grant donations for any charities or
educational purposes;

(i)to develop either alone or jointly with other or others and
turn to account any land acquired by the Corporation or in
which it is interested and in particular by laying out and
preparing the same for building purposes, constructing,
altering, pulling down, decorating, maintaining, fitting up,
and improving buildings, and by planting, paving, drain-
ing, farming, cultivating and letting on building lease or
building agreement, and by advancing money to and
entering into contracts and arrangements of all kinds with
builders, developers, contractors, land investment com-
panies, land mortgage companies, building estate com-
panies, banks, financiers, owners, lessees, tenants and
others, in such manner or on such terms and conditions as
the Corporation may deem fit or expedient and to apply
for and obtain exclusion orders under the Landlord and
Tenant (Consolidation) Ordinance, and to agree and pay
such compensation as a tenancy tribunal may recommend
or order;

(j)to borrow money upon such terms as the Corporation may
deem fit, and to raise money by public or private subscrip-
tion; and

(k)generally to do such other things as may appear to be
incidental or conducive to the aims and objects of The
Methodist Church, Hong Kong.





5. On the commencement of this Ordinance-

(a)all those pieces or parcels of ground specified in the second
column of Parts 1, 11 and IV of the Schedule, together with all
rights, easements and appurtenances thereto belonging, shall
vest in the Corporation without any conveyance or
assignment for the unexpired residue of the respective terms
of years created by the Crown leases, conditions of sale,
conditions of grant, conditions of exchange, conditions of
regrant and new grant specified opposite thereto in the third
column of Parts 1, 11 and IV of the Schedule, subject to
payment of the rent and performance of the covenants and
conditions reserved by and contained in the said Crown
leases, conditions of sale, conditions of grant, conditions of
exchange, conditions of regrant and new grant and subject
also to such mortgages, charges, leases, tenancies and other
agreement (if any) and upon such trusts, conditions and
stipulations, as may be subsisting in relation to such premises
upon the commencement of this Ordinance;

(b)all that piece or parcel of ground specified in the second
column of Part 111 of the Schedule, together with all rights,
easements and appurtenances thereto belonging, shall vest in
the Corporation without any conveyance or assignment as
TRUSTEE for 'THE HONG KONG ENGLISH DISTRICT OF
THE METHODIST CHURCH, UNITED KINGDOM' (also
known as ENGLISH SPEAKING METHODIST CHURCH) for
the unexpired residue of the terms of years created by the
Crown lease specified opposite thereto in the third column of
Part 111 of the Schedule, subject to payment of the rent and
performance of the covenants and conditions reserved by and
contained in the said Crown lease and subject also to such
mortgages, charges, leases, tenancies and other agreement (if
any) and UPON TRUST to assign the same to---TheHong
Kong English District of the Methodist Church, United
Kingdom' (also known as English Speaking Methodist
Church) or to such person or persons at the request and cost
of 'The Hong Kong English District of the Methodist Church,
United Kingdom' (also known as English Speaking Methodist
Church) at such time and in such manner or otherwise deal
with the same as the governing body of 'The Hong Kong
English District of the Methodist Church, United Kingdom'
(also known as English Speaking Methodist Church) shall
direct or appoint and upon such trusts, conditions and
stipulations, as may be subsisting in relation to such premises
upon the commencement of this Ordinance;

(c)the Corporation shall succeed to all other property, right,
privileges, obligations and liabilities within Hong Kong of





(i) Methodist Missionary Trust Association;

(ii) The Hong Kong Chinese District of the Methodist
Church (United Kingdom);

(iii) The Methodist Church, Hong Kong District (Property
Holding), Limited;

(iv) The Methodist Church Hong Kong (Wei Li Kung Hui);

(v) The Wesleyan Methodist Missionary Trust Association;

(vi)Bishop W. Angie Smith, Sidney R. Anderson, Judith L.
Hawks, Yolay Young, Pau-Waung Yang, Chen Kuan Yu
and Jack Y. H. Yuen, Trustees of The Methodist Church,
Hong Kong District.

6. The delegates of the members of The Methodist Church, Hong
Kong, shall consist of the following persons

(a)all ordained ministers and missionaries for the time being of
The Methodist Church, Hong Kong;

(b)all deacons and deaconesses and district workers appointed
by The Methodist Church, Hong Kong;

(c.)all delegates for the time being of each local church of The
Methodist Church, Hong Kong, elected by each such local
church in accordance with the constitution;

(d)a member of the Standing Committee who held office
immediately preceding the annual conference of the
Corporation of any one year, shall be a member of the
Corporation during the year commencing from such annual
conference immediately prior to which he held office as a
member of the Standing Committee whether he may or may
not be a member of the Corporation under paragraph (a), (b) or
(c) of this section;

(e)the delegates of any Conference Committee for any one year,
elected by that particular Conference Committee to represent
it at the annual conference for the immediate following year,
shall be a member of the Corporation during the year
commencing from the said annual conference.

7. A certificate under the hand of the President of the Corporation,
or in his absence from Hong Kong, of the VicePresident of the
Corporation that any person specified in section 6 is a member of the
Corporation shall be accepted for all purposes as sufficient proof of the
fact that such person is a member of the Corporation.





8. (1) The seal of the Corporation shall not be affixed to any deed,
document or instrument except by the authority of a resolution of the
Standing Committee.

(2) All deeds, documents and other instruments requiring the seal
of the Corporation shall be sealed in the presence of any two of the
following persons namely

(a) the President of the Corporation;

(b) the Vice-President of the Corporation;

(c) the treasurer of the Corporation;

(d) any three members of the Standing Committee,

one of whom must either be the President, the Vice-President or the
treasurer, and signed by two of the persons named above in whose
presence the seal was affixed.

(3) The seal shall be kept in the custody of the President, or in his
absence from Hong Kong, in the custody of the Vice-President.

9. The business of the Corporation shall be managed by the
Standing Committee and all the powers of the Corporation shall be
exercisable by the Standing Committee except so far as this Ordinance
or the constitution otherwise requires.

10. The existing constitution of the unincorporated ---The
Methodist Church, Hong Kong' shall be the constitution of the
Corporation, but the same may be changed or amended at any time and
from time to time in accordance with its provisions for the time being in
force.

11. Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance and those claiming by, from or
under them.

SCHEDULE [s. 5.]

PART 1

PROPERTY HITHERTO HELD FOR 'THE TRUSTEES OF THE
METHODIST CHURCH, HONG KONG DISTRICT- or 'THE
METHODIST CHURCH, HONG KONG DISTRICT
('WEI LI KUNG HUI---)

BY:-

(A)'THE METHODIST CHURCH, HONG KONG DISTRICT (PROPERTY
HOLDING), LIMITED'

which has also been described as

'THE METHODIST CHURCH, (PROPERTY HOLDING) LIMITED'

'THE METHODIST CHURCH (PROPERTY HOLDING), LIMITED'

'THE METHODIST CHURCH, HONG KONG DISTRICT (PROPERTY
HOLDING) LIMITED'





And

'THE METHODIST CHURCH HONG KONG DISTRICT (PROPERTY

HOLDING) LIMITED'

Crown Lease /
Conditions of
Sale/Conditions
of Grant /
Conditions of
exchange /
Conditions of
Item Regrant /
No. Descriptions of Property. New Grant.
1 ALL THAT one equal undivided sixteenth part or Crown Lease dated
share of and in ALL THAT piece or parcel of ground the 24th day of
situate lying and being at Kowloon, Hong Kong and November 1955.
registered in the Land Office as SUBSECTION
THREE OF SECTION B OF KOWLOON
INLAND LOT NUMBER SIX THOUSAND AND
EIGHTEEN And of and in the messuages erections
and building erected thereon known as BLOCK---D'
of KIMBERLEY MANSION TOGETHER with the
exclusive right and full privilege to the possession
use occupation and enjoyment of the whole of the
FOURTEENTH FLOOR of the said Block---D'of
Kimberley Mansion which said Fourteenth floor of
the said Block---D'is shown on the plan marked No.
2 annexed to an Indenture of Assignment dated the
19th day of April 1967 and registered in the Land
Office by Memorial No. 581413 and thereon coloured
Pink.
2. ALL THAT one equal undivided sixteenth part or Crown Lease dated
share of and in ALL THAT piece or parcel of ground the 24th day of
situate lying and being at Kowloon. Hong Kong and November 1955.
registered in the Land Office as SUBSECTION FIVE
OF SECTION B OF KOWLOON INLAND LOT
NUMBER SIX THOUSAND AND EIGHTEEN
And of and in the messuages erections and building
erected thereon known as BLOCK -E- of
KIMBERLEY MANSION TOGETHER with the
exclusive right and full privilege to the possession use
occupation and enjoyment of the whole of the
FOURTEENTH FLOOR of the said Block -E- of
Kimberley Mansion which said Fourteenth floor of
the said Block 'E' is shown on the plan marked No.
2 annexed to an Indenture of Assignment dated the
19th day of April 1967 and registered in the Land
Office by Memorial No. 581414 and thereon coloured
Pink.
3. ALL THAT one equal undivided sixteenth part or Crown Lease dated
share of and in ALL THAT piece or parcel of ground the 24th day of
situate lying and being at Kowloon, Hong Kong and November 1955.
registered in the Land Office as SUBSECTION FIVE
OF SECTION B OF KOWLOON INLAND LOT
NUMBER SIX THOUSAND AND EIGHTEEN
And of and in the messuages erections and building
erected thereon known as BLOCK 'E' of
KIMBERLEY MANSION TOGETHER with the
exclusive right and full privilege to the possession use
occupation and enjoyment of the whole of the ROOF
of the said Block 'E' of Kimberley Mansion which
said Roof of the said Block---E'is shown on the plan
marked No. 3 annexed to an Indenture of






Assignment dated the 8th day of September 1967 and
registered in the Land Office by Memorial No.
596193 and thereon coloured Pink.





Crown Lease /
Conditions of
Sale/Conditions
of Grand/
Conditions of
Exchange /
Conditions qf
Item Regrant /
No. Descriptions of Property. Nett. Grant.
4. ALL THAT the estate right title and interest of and Conditions of Sale
in ALL THAT One equal undivided Sixtieth part or No. 7299.
share of and in ALL THAT piece or parcel of ground
situate at Kowloon, Hong Kong and registered in
the Land Officeas KOWLOON INLAND LOT
NUMBER EIGHTTHOUSAND TWO
HUNDRED AND THIRTY FIVE And of and in
the messuages or tenements and other erections and
buildings known as 'SUNLIGHT GARDEN' at No.
2 Man Wan Road Waterloo Hill Together with the
full right and privilege to hold use occupy and enjoy
ALL THAT FLAT 'C' on the SEVENTEENTH
FLOOR of thesaid ---SUNLIGHTGARDEN-
Together with CAR PARK SPACE NO. 30 (which
said Flat and Car Park Space are more particularly
shown and coloured Pink on the Plans annexed to an
Indenture of Assignment dated the 4th day of
November 1965 and registered in the Land Office by
Memorial No. 510358).
5. ALL THOSE Two equal undivided one hundred and Crown Lease dated
thirtieth parts or shares of and in ALL THAT piece the 22nd day of May
or parcel of ground registered in the Land Office as 1930.
THE REMAINING PORTION OF SUBSECTION
1 OF SECTION A OF INLAND LOT NO. 2836
And of and in the messuage erections and buildings
thereon known as LAKESIDE BUILDING
Together with ALL THAT the right to the exclusive
use occupationand enjoyment of ALL THOSE
FLATS A and B on the EIGHTH FLOOR of the
said LAKESIDEBUILDING as shown and
coloured Pink on the Plans annexed to an Indenture
of Assignment dated the 24th day of February 1967
and registered in the Land Office by Memorial
No. 572478.
6. ALL THOSE two equal undivided eighty-eighth Crown Lease dated
parts or shares of and in ALL THOSE pieces or the 29th day of
parcels of ground situate at Kowloon, Hong Kong October 1931,
and registeredin the Land Office as THE Crown Lease dated
REMAINING PORTION OF KOWLOON the 27th day of
INLAND LOT NO. 1462 and THE REMAINING October 1930.
PORTION OF KOWLOON INLAND LOT NO.
2361 AND of and in the messuages erections and
buildings thereon known as KIU KIN MANSION
Nos. 566, 566A,568 and 568A Nathan Road
TOGETHER with the right to the exclusive use and
enjoyment of ALL THOSE Portions of the SIXTH
FLOOR of the said Kiu Kin Mansion (which said
Portions are shown and coloured Pink on the plan
annexed to anIndenture of Assignment dated the
25th day of October 1967 and registered in the Land
Office by Memorial No. 603074 and are known as 6th
floor of Nos. 566 and 568 Nathan Road).
7. ALL THAT one equal undivided eighty-eighth part Crown Lease dated
or share of and in ALL THOSE pieces or parcels of the 29th day of
ground situate at Kowloon, Hong Kong registered October 193 1,
in the LandOffice as THE REMAINING Crown Lease dated






PORTION OFKOWLOON INLAND LOT NO. the 27th day of

1462 and THE REMAINING PORTION OF October 1930.





Crown Lease /
Conditions of
Sale / Conditions
of Grant/
Conditions of
Exchange/
Conditions of'
Item Regrant/
No. Descriptions of property. New Grant.

KOWLOON INLAND LOT NO. 2361 and of and in
the messuages erections and buildings thereon
known as KIU KIN MANSION Nos. 566, 566A,
568 and 568A Nathan Road TOGETHER with the
right to the exclusive use and enjoyment of ALL
THAT portion of the TWELFTH FLOOR of the
said Kiu Kin Mansion (which said Portion is shown
and coloured Pink on the plan annexed to an
Indenture of Assignment dated the 23rd day of July
1965 and registered in the Land Office by Memorial
No. 500002) and is known as No. 568 Nathan Road
Twelfth floor.

8. ALL THAT the estate right title and interest of and Conditions of Sale
in ALL THAT one equal undivided one hundred and No. 8241.
ninety-first part or share of and in ALL THAT piece
or parcel of ground situate at Kwun Tong, Kowloon,
Hong Kong and registered in the Land Office as
KWUN TONG INLAND LOT NO. 399 And of and
in the messuages erections and buildings thereon
known as 'TSAP KING MANSION' at Kwun
Tong TOGETHER with the full and exclusive right
and privilege to hold use occupy and enjoy ALL
THAT FLAT 'G' on the SECOND FLOOR ofthe
said Tsap King Mansion which is more particularly
shown and coloured Pink on the Plan annexed to an
Indenture of Assignment dated the 24th day of
December 1969 and registered in the Land Office by
Memorial No. 714969.
9. ALL THAT the estate right title and interest of and Conditions of Grant
in ALL THOSE THREE equal undivided THIRTY- No. 9179.
FOURTH parts or shares of and in ALL THAT piece
or parcel of ground situate lying and being at Fung
Wong Village, Kowloon. Hong Kong and registered
at the Land Office as NEW KOWLOON INLAND
LOT NO. 5024 and of and in the messuages or
tenements and other erections and buildings thereon
known as---WAHCHUNG MANSION- NOS. 8. 10.
10A. 12, 12A and 14 WAN FUNG STREET
TOGETHER with the sole and exclusive right and
privilege to the possession use occupation and
enjoyment of ALL THOSE the FLATS C, D and F
on the FIRST FLOOR of the said WAH CHUNG
MANSION which Flats are also known as FIRST
FLOORS of NOS. 8, 10 and 10A WAN FUNG
STREET and are more particularly shown on the
Floor Plans annexed to an Indenture of Assignment
dated the 17th day of March 1971 and registered
in the Land Office by Memorial No. 812184 and
thereon coloured Pink.
10, ALL THAT the estate right title benefit and interest Conditions of Sale
of and in ALL THOSE four equal undivided seventy No. 7542.
fourth parts or shares of and in ALL THAT piece or
parcel of ground situate lying and being at Kwun
Tong. Kowloon, Hong Kong and known and






registered in the Land Office as KWUN TONG
INLAND LOT NO. 313 and of and in the messuages
erections and buildings thereon known as---CHUNG
HING HOUSE- TOGETHER with the sole and





Crown Lease /
Conditions of
Stile Conditions
of Grant
Conditions of
Exhange /
Conditions of
Item Regrant,'
No. Descriptions of Property. New Grant.

exclusive right and privilege to hold use occupy and
enjoy ALL THOSE FLATS 'M', 'N', '0' AND
'P' on the FIRST FLOOR of the said CHUNG
HING HOUSE as shown on the plans annexed to an
Indenture of Assignment dated the 27th day of
October 1966 and registered in the Land Office by
Memorial No. 559589 and thereon coloured Pink
respectively.

11. ALL THAT the estate right title benefit and interest Conditions of Sale
of and in ALL THOSE three equal undivided seventy No. 7542.
fourth parts or shares of and in ALL THAT piece or
parcel of ground situate lying and being at Kwun
Tong, Kowloon, Hong Kong and known and
registered in the Land Office as KWUN TONG
INLAND LOT NO. 313 and of and in the messuages
erections and buildings thereon known as---CHUNG
HING HOUSE' TOGETHER with the sole and
exclusive right and privilege to hold use occupy and
enjoy ALL THOSE FLATS 'F' -G- AND -H- on
the FIRST FLOOR of the said CHUNG HING
HOUSE as shown on the Plans annexed to an
Indenture of Assignment dated the 27th day of
September 1966 and registered in the Land Office by
Memorial No. 555078 and thereon coloured Pink
respectively.
12. ALL THAT the estate right title benefit and interest Conditions
of and in ALL THOSE six equal undivided sixty of Exchange
sixth parts or shares of and in ALL THOSE pieces or No. 3527.
parcels of ground situate lying and being at
Kowloon, Hong Kong and known and registered in
the Land Office respectively as SECTION A OF
NEW KOWLOON INLAND LOT NO. 2141 and
THE REMAINING PORTION OF NEW
KOWLOON INLAND LOT NO. 2141 and of and in
the messuages erections and buildings thereon known
as 'FAT TSEUNG BUILDING' Nos. 290 and 292
Castle Peak Road and Nos. 7C, 7D and 7E Fat
Tseung Street TOGETHER with the sole and
exclusive right and privilege to hold use occupy and
enjoy ALL THAT the FIRST FLOOR of the said
No. 290 Castle Peak Road as shown on the Plan
annexed to an Indenture of Assignment dated the 1st
day of June 1966 and registered in the Land Office by
Memorial No. 536848 and thereon coloured Pink.
13. ALL THOSE nine equal undivded 103rd parts or Six several Crown
shares of and in ALL THOSE pieces or parcels of Leases all dated the
ground registered in the Land Office as THE 1st day of June 1939.
REMAINING PORTION OF INLAND LOT NO.
5411, THE REMAINING PORTION OF INLAND
LOT NO. 5410, THE REMAINING PORTION OF
INLAND LOT NO. 5409, THE REMAINING
PORTION OF INLAND LOT NO. 5408, THE
REMAINING PORTION OF INLAND LOT NO.
5407, THE REMAINING PORTION OF INLAND






LOT NO. 5406 which said pieces or parcels of ground
with their abuttals and dimensions are more
particularly delineated and described on the Block
Plan No. 1 annexed to an Indenture of Assignment





Crown Lease /
Conditions of
Sale / Conditions
of Grant /
Conditions of
exchange /
Conditions of
Iten? Regrant/
No. Descriptions qf Property. New Grant.

dated the 15th day of November 1968 and registered
in the Land Office by Memorial No. 653340 and
thereon coloured Yellow And of and in all messuages
erections and buildings thereon known as 'SANG
CHEONG BUILDING' Nos. 427, 429, 431, 433,
435 and 437 Queen's Road West as regards the
ground floors and Flats A, B, C, D, E, F, G and H of
,No. 427 Queen's Road West as regards the upper
floors Together with the exclusive right to the use
occupation and enjoyment of ALL THOSE FLATS
A, B, C, D, E, F, G and H on the FIRST FLOOR of
the said No. 427 Queen's Road West which is shown
on the Plan No. 2 annexed to the said Indenture of
Assignment Memorial No. 653340 and thereon
coloured Pink.

14. ALL THAT the estate right title and interest of and Conditions
in ALL THOSE two equal undivided two thousand of Exchange
and ninety fourth parts or shares of and in ALL No. 8669.
THAT piece or parcel of ground registered in the
Land Office as THE REMAINING PORTION OF
SECTION A OF SHAU KEI WAN INLAND LOT
NO. 738 and THE REMAINING PORTION OF
SHAU KEI WAN INLAND LOT NO. 738 And of
and in the messuage erections and buildings thereon
known as TAI ON BUILDING Together with ALL
THAT the right to the exclusive use occupation and
enjoyment of ALL THOSE SHOPS NOS. 117 and
118 on the FIRST FLOOR of the said Tai On
Building (which said shops are shown and coloured
Pink on the plan annexed to an Indenture of
Assignment dated the 21st day of July 1970 and
registered in the Land Office by Memorial No.
753452).
15. ALL THOSE four equal undivided thirty-second Crown Lease dated
parts or shares of and in ALL THOSE pieces or the 4th day of
parcels of ground registered in the Land Office February 1903.
as SUBSECTION 1 OF SECTION G OF
HUNGHOM INLAND LOT NO. 239,
SUBSECTION 2 OF SECTION G OF
HUNGHOM INLAND LOT NO. 239 and THE
REMAINING PORTION OF SECTION G OF
HUNGHOM INLAND LOT NO. 239 and of and in
the building thereon known as Nos. 7 AND 8 WA
FUNG STREET. HUNGHOM and collectively
known as GOOD RICH MANSION
TOGETHER with the full and exclusive right and
privilege to hold use occupy and enjoy ALL THOSE
OFFICES 'A' AND 'B' on the FIRST FLOOR of
the said GOOD RICH MANSION (which said
offices are more particularly shown and delineated on
the Floor Plan annexed to an Indenture of
Assignment dated the Bath day of March 1972 and
registered in the Land Office by Memorial No.
875345 and thereon coloured Pink).

16. KOWLOON INLAND LOT NO. 9093 Crown Lease dated
(Waterloo Road). the 10th day of
March 1970.





Crown Lease.,
Conditions of
Sale, Conditions
of Grant /
Conditions of
Exchange/
Condition., of
Item Regrant
No. Descriptions of Properly.. New Grant.
17. DEMARCATION DISTRICT NO. 2 LOT No. 643. Conditions of Grant
MUI WO, LANTAU. No. 4521.

18. ALL THAT the estate right title and interest of and Conditions of Grant
in ALL THAT piece or parcel of ground registered in No. 6252.
the Land Office as INLAND LOT NO. 7643 and
situate at North Point, Hong Kong and of and in the
buildings thereon known as No. 19 Cheung Hong
Street.

19. KWAI CHUNG TOWN LOT NO. 269 New Grant
(Kwai Chung. Tsuen Wan. New Territories). No. 5175.
20. ALL THAT the estate right title benefit and interest Conditions of
of and in ALL THOSE twelve equal undivided 246th Regrant No. 6291.
parts or shares of and in ALL THAT piece or parcel
of ground situate lying and being at Kowloon. Hong
Kong and registered in the Land Office is
KOWLOON INLAND LOT NO. 7728 which said
piece or parcel of ground with its abuttals and
dimensions is more particularly delineated on the
plan annexed to an Indenture of Assignment dated
the 1st day of February 1967 and registered in the
Land Office by Memorial No. 57625 and thereon
coloured yellow and of and in the messuages erections
and buildings thereon known as 'METROPOLE
BUILDING- TOGETHER with the exclusive right
and privilege to the use occupation and enjoyment of
(1) ALL THAT the SEVENTH FLOOR of the said
METROPOLE BUILDING as shown coloured Pink
on the said plan and (2) those parts of the external
walls of the said METROPOLE BUILDING
between the seventh floor level and the eighth floor
level.
21. KWAI CHUNG TOWN LOT NO. 253 New Grant
(Kwai Chung, New Territories). No. 5018.
22. ALL THAT piece or parcel of ground registered in
the Land Office as
CHEUNG CHAU INLAND Crown Lease dated
LOT NO. IA, the 28th day of
December 1914.
IA EXTENTION, and New Grant
No. 1006
SALE NO. 682.
IA FURTHER EXTENTION New Grant
No. 1038
SALE NO. 711.

TOGETHER with the messuage erections and
buildings, thereon known as NO. 7 PEAK ROAD
CHEUNG CHAU.

23. ALL THAT the estate right title benefit and interest Conditions of Sale
of and in ALL THOSE five equal undivided 2133rd No. 7514.

parts or shares of and in ALL THAT piece or parcel
of ground situate lying and being at Kwun Tong,






Kowloon, Hong Kong and known and registered in
the Land Office as KWUN TONG INLAND LOT
NO. 363 which said piece or parcel of ground with its





...........................Crown Lease /
...........................Conditions of
...........................Sale / Conditions
ions
...........................of Grant /
...........................Conditions of
...........................Exchange/
...........................Conditions of'
Item......................... Regrant /
No...........................Descriptions of Property. New Grant.

abuttals and dimensions is more particularly
delineated and described on the Block Plan -
Aannexed to an Assignment registered in the Land
Office by Memorial No. 521462 and thereon
coloured Brown and of and in the messuages
erections and buildings thereon now known as---
HINGTAT MANSION' of Nos. 335, 335A, 337, 339,
339A, 341. 341A. 343. 343A, 345. 345A, 347,
347A. 349~ 349A, 351 and 35 IA Ngau Tau Kok
Road and Nos. 1, 3 and 5 Tune Ming Street
TOGETHER with the sole and exclusive right and
privilege to hold use occupy and enjoy ALL THAT
the SIXTH FLOOR of the said No. 349A Ngau Tau
Kok Road (formerly known as Flat---M- on the
Sixth floor of the said HING TAT MANSION)
which said Flat is more particularly delineated and
described on the Floor Plan 'B' annexed to the said
Assignment Memorial No. 521462 and thereon
coloured Pink.

24. ALL THAT the estate ripht title and interest of and Conditions of Sale
in ALL THOSE sixteen equal undivided right No. 10148.
hundred and sixtieth parts or shares of and in ALL
THAT piece or parcel ot' ground situate at Kwun
Tone, Kowloon and registered in the Land Ofi-ice as
NEW KOWLOON INLAND LOT NUMBER
FIVE THOUSAND FOUR HUNDRED AND
TWENTY And of and in the messuages or tenements
and other erections and building thercon known as
---KINGHING COURT--- No. 38 Kung Lok Road
Together with the full right and privilege to hold use
occupy and enjoy ALL THOSE UNITS being FLAT
NO. 4 on the SEVENTH FLOOR and CAR
PARKING SPACE NO. 46 on the GROUND
FLOOR of the said KING HING COURT (which
said Units are more particularly shown and coloured
Pink on the respective plans annexed to an Indenture
of Assignment dated the 12th day of September 1977
and registered in the Land Office by, Memorial No.
1425461.
25. ALL THAT the estate right title and interest of and Conditions of Sale
in ALL THAT one equal undivided 66th part or No. 1143.
share of and in ALL THOSE pieces or parcels of
ground registered in the Land Office as SUB-
SECTIONS FOUR AND FIVE OF SECTION E
OF INLAND LOT NO. 2366 AND THE
EXTENTION THERETO And of and in the
building thereon known as MIDO APARTMENTS
at King's Road North Point Hong Kong
TOGETHER with the sole and exclusive right and
privilege to hold use occupy and enjoy, ALL THAT
FLAT NO. 'B' on the SEVENTH FLOOR of the






said Mido Apartments which said Flat is shown and
coloured Pink on the Plan annexed to an Assignment
registered in the Land Office by Memorial No.
353271.
26. ALL THAT one equal undivided twenty second part Two several Crown
or share of and in ALL THOSE pieces or parcels of Leases both dated
ground situate lying and being at Victoria Hong the 27th day of
Kong and known and registered in the Land OfficeAugust 1853.





..........................Crown Lease
..........................Conditions of'
..........................Stile Conditions
..........................of Grant
..........................Conditions qf
..........................Exchange.
..........................Conditions of
Item........................ Regrant
No..........................Descriptions of Property. New Grant.

respectively as THE REMAINING PORTION OF
SECTION E OF INLAND LOT NO. 67, THE
REMAINING PORTION OF SECTION A OF
INLAND LOT NO. 67, THE REMAINING
PORTION OF SECTION A OF INLAND LOT NO.
68, THE REMAINING PORTION OF
SUBSECTION 2 OF SECTION A OF INLAND
LOT NO. 67 and THE REMAINING PORTION
OF SUBSECTION 2 OF SECTION A OF INLAND
LOT NO. 68 and of and in the building thercon
known as NOS. 29 AND 31 CAINE ROAD
TOGETHER with the full and exclusive right and
privilege to hold use occupy and enjoy ALL THAT
FLAT NO. B on the EIGHTH FLOOR of the said
building NOS. 29 and 31 CAINE ROAD which said
Flat is more particularly shown and delineated on
the Plan annexed to an Indenture of Assignment
dated the 26th day of March 1970 and registered in
the Land Office by Memorial No. 739812 and
thercon coloured Pink and is also known as the
Eighth Floor of No. 31 Caine Road).

(B)---BISHOPit.. ANGIE SMITH. SIDNEY R. ANDERSON, JUDITH L. HAWKS, YOLAY YOUNG
PAU-WAUNG YANG. CHEN KUAN YU AND JACK Y. H. YUE,\', TRUSTEES OF THE
METHODIST CHURCH, HONG KONG DISTRICT'

Item........................ Conditions of
No..........................Descriptions of property.. Grant.
1 .........................INLAND LOT NO. 7690 Conditions of Grant
(Upper Cheung Hong Street). No. 6658.

PART II

PROPERTY HITHERTO HELD FOR THE HONG KONG CHINESE
DISTRICT OFTHE METHODIST CHURCH (UNITED KINGDOM)
('TSUN TO KUNG WOOL')

B Y:-

(A) 'METHODIST MISSIONARY TRUST ASSOCIATION'
which has also been described and known as
'THE METHODIST MISSIONARY TRUST ASSOCIATION- And

'METHODIST TRUST ASSOCIATION-
...........................Crown Lease,'
...........................Conditions of
Item........................ Grant,
No..........................Descriptions of Property. New Grant.
1...........................KOWLOON INLAND LOT NO. 6090 Crown Lease dated
(Gascoigne Road, Kowloon)..the 2nd day of
...........................April 1970.
2...........................KOWLOON INLAND LOT NO. 7068 Conditions of Grant
(Gascoigne Road, Kowloon)..No. 5668.
3...........................THE REMAINING PORTION OF INLAND LOT Conditions of Grant
NO. 7724...................No. 6819.






(North Point).





Crown Lease /
Conditions of
Item Grant /

No. Descriptions of PropertyNew Grant.

4. KOWLOON INLAND LOT NO. 9606Conditions of Grant

(Junction of Sheung Shing Street and Sheung Lok No. 9400.
Street, Ho Man Tin. Kowloon).

share of and in ALL THOSE pieces or parcels Leases all dated the

of ground situate at Kowloon, Hong Kong and regis- 17th day of July

tered respectively in the Land Office as KOWLOON 1934 in respect of
INLAND LOT NUMBER THREE THOUSAND Kowloon Inland
FOUR HUNDRED AND SIX, KOWLOON IN- Lots Nos. 3406,
LAND LOT NUMBER THREE THOUSAND 3407 and 3408.

FOUR HUNDRED AND SEVEN. KOWLOON Another Crown

INLAND LOT NUMBER THREE THOUSAND Lease dated the 13th
FOUR HUNDRED AND EIGHT and KOWLOON day of July 1934 in
INLAND LOT NUMBER THREE THOUSAND respect of Kowloon
FOUR HUNDRED AND NINE And of and in all Inland Lot

messuages erections and buildings thereon known as No. 3409.
Nos. 588. 586. 584 and 582 Shanghai Street Together
with the exclusive right to the use occupation enjoy-
ment rents and profits of the THIRD FLOOR of the
said building No. 588 Shanghai Street.

and in ALL THOSE pieces or parcels of ground the 22nd day of

registered in the Land Office respectively as THE January, 1931.
REMAINING PORTION OF SECTARIAN B OF
KOWLOON INLAND LOT NO. 1698 and THE
REMAINING PORTION OF KOWLOON
INLAND LOT NO. 1698 And of and in the
messuages erections and buildings thercon known as
KA SING BUILDING (Nos. 61. 63. 63A. 65 and 67
Shanghai Street and IA Min Street) TOGETHER
with the full and exclusive right to the use occupation
and enjoyment of ALL THAT the EIGHTH
FLOOR of the said No. 63 SHANGHAI STREET
(which said Floor is more particularly shown and
delineated on the floor Plan annexed to an Indenture
of Assignment dated the 1st day of February, 1972
and registered in the Land Office by Memorial No.
871294 and thereon coloured Pink).'

7. RURAL BUILDING LOT NO. 542 Crown Lease dated
(No. 51 Barker Road). the 4th day of
June 1969.
8. LANTAO PEAK LOT NO. 26 New Grant No.

(Lantao Peak) (Tai Tung Shan or Mui Wo Peak). 1831 (C.S.O. 42/
4126,11933).

(B) 'THE WESLEYAN METHODIST MISSIONARY TRUST ASSOCIATION'

which has also been described and known as---THEWESLEYAN






METHODIST TRUST ASSOCIATION--

Item
No. Descriptions of property.. Crown Lease.

1. INLAND LOT NO. 3775 Crown Lease dated
(at the JUNCTIONS of Hennessy Road Fenwick the 16th day of
Street and Johnston Road, Victoria). 2. CHEUNG CHAU INLAND LOT NO. 34. Crown Lease dated
the 25th day of
January 1921.





PART III

PROPERTY HITHERTO HELD FOR THE HONG KONG ENGLISH
DISTRICT OF THE METHODIST CHURCH, UNITED KINGDOM
(also known as ENGLISH SPEAKING METHODIST CHURCH)

B Y:-

THE WESLEYAN METHODIST MISSIONARY TRUST ASSOCIATION

Item
No..........................Description of Property. Crown Lease.
1...........................THE REMAINING PORTION OF INLAND LOT Crown Lease dated
NO. 1316..................the 1 7th day of
(No. 271 Queen's Road East. Hong Kong). March 1893.

PART IV

PROPERTY HITHERTO HELD FOR THE METHODIST
CHURCH (UNITED KINGDOM)

8 Y:-

THE WESLEYAN METHODIST MISSIONARY TRUST ASSOCIATION

Item
No. Description of Property. Crown Lease.
1 INLAND LOT NO. 2616 Crown Lease dated
(Johnston Road). the 19th day of
June 1930.
2. INLAND LOT NO. 3646 Crown Lease dated
(Anton Street. Hong Kong).the 1 -5th day. of
April 1937.
Originally 74 of 1983 Short title Interpretation Description and Incorporation Powers of the Corporation Vesting of Property Schedule Schedule Members of the Corporation Proof of Membership Seal of the Corporation Management and exercise of powers of the Corporation Existing constitution to become constitution of the Corporation Saving

Originally 74 of 1983 Short title Interpretation Description and Incorporation Powers of the Corporation Vesting of Property Schedule Schedule Members of the Corporation Proof of Membership Seal of the Corporation Management and exercise of powers of the Corporation Existing constitution to become constitution of the Corporation Saving

https://oelawhk.lib.hku.hk/items/show/3611

CITY POLYTECHNIC OF HONG KONG ORDINANCE

LAWS OF HONG KONG

CITY POLYTECHNIC OF HONG KONG

ORDINANCE

CHAPTER 1132





CHAPTER 1132

CITY POLYTECHNIC OF HONG KONG ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART I

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 3
2. Interpretation............................. ... ... ... ... ... ... ... ... 3

PART 11

THE CITY
POLYTECHNIC

3. Establishment. incorporation and objects of the City Polytechnic ... ... ... ... 3
4. President ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
5. Seal of the City Polytechnic ... ... ... ... ... ... ... ... ... ... ... 4
6. Documents of the City Polytechnic ... ... ... ... ... ... ... ... ... .... 4
7. The powers of the City Polytechnic ... ... ... ... ... ... ... ... ... ... 4
8. City Polytechnic to be subject to the directions of the Governor in Council 5

PART III

THE COUNCIL

9. Establishment of the Council ... ... ... ... ... ... ... ... ... ... ... 5
10. Membership of the Council ... ... ... ... ... ... ... ... ... ... ... ... 5
11. Meetings and procedure of the Council ... ... ... ... ... ... ... ... ... 6
12. Transaction of business by circulation of papers ... ... ... ... ... ... ... 7
13. Committees generally ... ... ... ... ... ... ... ... ... ... ... ... ... 7

PARTIV

DIRECTOR, DEPUTY DIRECTOR AND OTHER
STAFF

14. Appointment of Director and other staff ... ... ... ... ... ... ... ... ... 8
15. Power of the Council to delegate to the Director ... ... ... ... ... ... ... 8
16. Power of the Director to delegate ... ... ... ... ... ... ... ... ... ... 9

PART V

ACADEMIC
BOARD

17. Academic Board of the City Polytechnic ... ... ... ... ... ... ... ... ... 9

PART VI

FINANCIAL ESTIMATES AND
PROGRAMME

is. Estimates ................................ ... ... ... ... ... ... ... 9
19. Accounts .............................. ... ... ... ... ... ... ... 9
20. Auditors .............................. ... ... ... ... ... ... ... 10

21. Statements and reports to be laid on table of Legislative Council ... ... ... ... 10





Section Page
PART VII

GENERAL

22. Power of the Governor in Council to make regulations ... ... ... ... ... ... 10
23. Unauthorized use of title of City Polytechnic ... ... ... ... ... ... ... ... 10
24. Power of the Council to make rules ... ... ... ... ... ... ... ... ... ... 11





CHAPTER 1132

CITY POLYTECHNIC OF HONG KONG

To provide for the establishment of the City Polytechnic of Hong Kong
andfor matters connected therewith.

[1 January 1984.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the City Polytechnic of Hong
Kong Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Academic Board' means the Academic Board of the City Polytechnic
established under section 17;

'Chairman' and 'Deputy Chairman' mean respectively the Chairman of
the Council and the Deputy Chairman of the Council;

'City Polytechnic' means the City Polytechnic of Hong Kong
established by section 3;

'Council' means the Council of the City Polytechnic established by
section 9;

'Deputy Director' means the Deputy Director of the City Polytechnic
appointed under section 14(1) and any person for the time being
acting in that capacity., (Amended, L.N. 395/83.)

'Director' means the Director of the City Polytechnic appointed under
section 14(1) and any person for the time being acting in that
capacity;

eligible staff ' means the full-time teaching and instructional staff of
the City Polytechnic, and includes members of the administrative
staff of the City Polytechnic of equivalent rank or grade;

'financial year' means the period fixed by the Council under section
19(3);

member' means a member of the Council.

PART II

THE CITY POLYTECHNIC

3.(1) There is hereby established a corporation to be known
as the City Polytechnic of Hong Kong which
shall, in that name, be a body corporate with perpetual
succession and be capable of suing and being sued.





(2) The objects of the City Polytechnic shall, subject to this

Ordinance, be to provide for studies, training and research and
development in technology, engineering, science, commerce, arts
and other subjects of learning.

4. (1) There shall be a President of the City Polytechnic.

(2) The Governor shall be the President of the City Polytechnic.

5. The City Polytechnic shall have a common seal, and the affixing
of the seal shall

(a) be authorized or ratified by resolution of the Council; and

(b)be authenticated by the signature of any 2 members of the
Council, authorized by the Council either generally or
specially to act for that purpose.

6. (1) The City Polytechnic may make and execute any document in
the performance or exercise of its functions or' powers or in connexion
with any matter reasonably incidental to or consequential upon the
performance or exercise of its functions or powers.

(2) Any document purporting to be duly executed under the seal of
the City Polytechnic shall be admitted in evidence and shall, unless the
contrary is proved, be deemed to have been duly executed.

7. Subject to section 8, the City Polytechnic shall have power to do
all such things as are necessary for. or incidental or conducive to, or
connected with, the furtherance of its functions and may in particular,
but without prejudice to the generality of the foregoing

(a)acquire, take on lease, purchase, hold and enjoy property of
any description and sell, let or otherwise dispose of or deal
with the same in such manner and to such extent as the law
would allow if the property were held by a natural person in
the same interest:

(b) enter into any contract;

(c) erect, provide, equip, maintain, alter, remove, demolish,
replace, enlarge, improve, keep in repair and regulate the
buildings, premises, furniture and equipment and all other
property;

(d)set terms of remuneration and conditions of service for staff,

(e) engage persons on a part-time basis;

(f)provide appropriate amenities (including residential
accommodation, facilities for social activities and physical
recreation) for its students and persons in its employment;

(g) receive and expend funds;





(h)invest its funds in such manner and to such extent as it thinks
necessary or expedient;

(i)borrow money in such manner and on such securities or terms
as it thinks expedient;

(j)apply for and receive any grant in aid for its functions on such
conditions as it thinks fit;

(k) engage any professional or expert person to advise it on any
matter;

(1)fix and collect fees and charges for courses of study. facilities
and other services provided by it and specify conditions for
the use of such facilities and services.

(m)reduce, waive or refund fees and charges so fixed generally or
in any particular case or class of case;

(n)receive and solicit gifts, whether on trust or otherwise. on its
behalf and act as trustee of moneys or other property vested
in it on trust;

(o)confer degrees and academic awards including honorary
degrees and honorary awards.

8. (1) The Governor in Council may give to the City Polytechnic
such directions as he thinks fit with respect to the exercise of its powers
or the performance of its functions under this Ordinance. either
generally or in any particular case.

(2) In the exercise of its powers and the performance of its
functions under this Ordinance the City Polytechnic shall comply with
any directions given by the Governor in Council under subsection (1).

(3) The Governor in Council may delegate the powers conferred
upon him by this section to a public officer.

PART 111

THE COUNCIL

9. (1) There is hereby established a Council, to be known as the
Council of the City Polytechnic of Hong Kong.

(2) The Council shall be the governing and executive body of the
City Polytechnic and, as such, may exercise all the powers conferred and
shall perform all of the duties imposed on the City Polytechnic by this
Ordinance.

10. (1) The Council shall consist of the following members-

(a)the Director ex officio and, except when the office of Deputy
Director is vacant, the Deputy Director ex officio;

(b)not more than. 6 members, who shall be public officers,
appointed by the Governor;





(c)not more than 3 members elected by the eligible staff from
among their number in accordance with rules made under
section 24 and appointed by the Governor;

(d)not more than 14 members, other than public officers, of whom
not less than 7 shall have experience in commerce or industry
in Hong Kong, appointed by the Governor; and

(e)such other members, not exceeding 3, as may be appointed by
the Governor.

(2)(a) The Governor shall appoint from the members appointed
under subsection (1)(d) 3 members as follows(Amended, L.N.
395/83.)

(i) 1 member as Chairman;

(ii) 1 member as Deputy Chairman; and

(iii) 1 member as Treasurer.

(b)The Deputy Chairman shall act as Chairman if the Chairman is
absent from Hong Kong or is, for any other reason. unable to
act as Chairman.

(c)If for any period both the Chairman and the Deputy Chairman
are unable by reason of absence from Hong Kong or
incapacity to perform the functions of their respective offices,
or if for any period both of those offices are vacant, the
members may appoint one of the members appointed under
subsection (1)(d) to act as Chairman during that period.

(3)(a) Every member who is a public officer shall hold office
during the pleasure of the Governor.

(b)Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member other than the Director
or Deputy Director who is not a public officer shall be
appointed for a period of 3 years or such lesser period as the
Governor may in any particular case appoint, but may from
time to time be reappointed.

(c)A member who is not a public officer may at any time by
notice in writing to the Governor resign from the Council, but
this paragraph shall not apply to an ex officio member.

(4) Upon the expiry of the appointment of any member, other than
an ex officio member, whether by effluxion of time or as a result of
resignation or otherwise, the procedure for a new appointment, or
reappointment, as the case may be, shall be as if the position thus
vacated were being filled for the first time.

11. (1) Meetings of the Council shall be held at such times

and places as the Chairman may appoint.

(2) 12 members shall form a quorum at a meeting g of the Council.





(3)(a) If a member has an interest in any matters to be considered
at a meeting of the Council and is present at such meeting, he
shall as soon as possible after the commencement of the
meeting disclose to the Council the fact and nature of the
interest and shall, if required by the Council, withdraw from the
meeting while the Council is considering the matter and in any
case shall not vote thereon.

(b) In this subsection 'interest' includes a pecuniary interest.

(4) A meeting of the Council may be adjourned by the Chairman or
the person presiding or, where the Council so resolves, by the Council.

(5) Subject to this Ordinance, the Council may determine its own
procedure and may exclude from any meeting or any part thereof any ex
officio member or any member appointed under section 10(1)(c) when in
the opinion of the Chairman, or the person acting as Chairman. such
exclusion is in the best interests of the City Polytechnic.

12. The Council may transact any of its business by circulation of
papers, and a resolution in writing which is approved in writing by a
majority of the members shall be as valid and effectual as if it had been
passed at a meeting of the Council.

13. (1) The Council may create and appoint such committees for
any general or special purposes as it thinks fit and any such committee
may consist partly of persons who are not members of the Council.

(2) The chairman of any committee appointed under subsection (1)
shall be appointed by the Council from among the members of the
Council.

(3) Subject to subsection (4), the Council may in writing, with or
without restrictions or conditions as it thinks fit, delegate any of its
powers and duties to any committee appointed under subsection (1).

(4) The Council shall not delegate to any committee appointed
under subsection (1) the power

(a)to approve the terms and conditions of service of persons in
the employment of the City Polytechnic;

(b)to approve the programme and estimates required to be
submitted under section 18;

(c)to authorize the preparation of the statements required under
section 19(2);

(d) to make rules under section 24.

(5) Subject to the directions of the Council,' each committee may
determine its own procedure at its meetings.





PART IV

DIRECTOR, DEPUTY DIRECTOR AND OTHER STAFF

14. (1) The Council-

(a)shall, in accordance with subsection (2), appoint a Director in
whom, subject to the control of the Council, shall be vested
the management, conduct and administration of the City
Polytechnic, and the welfare and discipline:, of staff and
students therein;

(b)may, in accordance with subsection (2), appoint a Deputy
Director who shall undertake such duties as the Director may
direct;

(c)may appoint such other persons to be employees of the City
Polytechnic as it may consider expedient.

(2) The Director and Deputy Director shall be appointed by
resolution passed by the votes of not less than 14 members.'

(3) The Director or Deputy Director may be removed from office by
resolution passed by the votes of not less than 14 members on the
ground of his misconduct, incompetence. inefficiency or other good
cause.

(4)(a) The Council may appoint any person to act a's Director
during the incapacity or absence from Hong Kong of' the
Director or if that office is or becomes vacant for any reason.

(b)The Council may appoint any person to act as Deputy
Director during the incapacity or absence from Hong Kong of
the Deputy Director or if that office is or becomes vacant for
any reason.

(5) In this section ---members-does not include members appointed
under section 10(1)(c).

15. (1) Subject to subsection (2), the Council may in writing. with or
without restrictions or conditions as it thinks fit. delegate to the Director
any of its powers and duties.

(2) The Council shall not delegate to the Director the power to

(a) approve terms and conditions of service of persons in the
employment of the City Polytechnic;

(b)approve the programme and estimates required to be
submitted under section 18;

(c)authorize the preparation of the statements required under
section 19(2);

(d) make rules under section 24;

(e) appoint an acting Director.





16. (1) Subject to subsection (2), the Director may in writing, with
or without restrictions or conditions as he thinks fit. delegate, to such
person or committee of persons as he thinks fit, his powers and duties.
including any power or duty of the Council delegated to him under
section 15.

(2) The power conferred by this section on the Director to delegate
any power or duty of the Council delegated to him under section 15,
and the exercise by any person or committee of persons of any such
power or duty delegated by the Director under this section, shall be
subject to any restriction or condition imposed in respect thereof by the
Council under section 15.

PART V

ACADEMIC BOARD

17. (1) There shall be an Academic Board of the City Polytechnic
for the purpose of

(a) reviewing and developing academic programmes;

(b)directing and regulating the teaching and research conducted
in the City Polytechnic;

(c) regulating the admission of persons to approved courses of

c

study and their attendance at such courses; and

(d)regulating the examinations leading to the degrees and
academic awards of the City Polytechnic.

(2) The Academic Board shall be appointed by the Council.

(3) The membership and procedure of the Academic Board shall be
in accordance with rules made by the Council under section 24.

PART VI

FINANCIAL ESTIMATES AND
PROGRAMME

18. The City Polytechnic shall submit to a person nominated by
the Governor, at such time and in respect of such periods as the
Governor may direct, a programme of its proposed activities and
estimates of its income and expenditure.

19. (1) The City Polytechnic shall maintain proper accounts and
records of all income and expenditure.

(2) After the end of each financial year, the City Polytechnic shall
cause to be prepared statements of income and expenditure during the
previous financial year and of the assets and liabilities of the City
Polytechnic on the last day thereof.

(3) The City Polytechnic may, from time to time, with the prior
approval of the Governor, fix a period to be its financial year.







20. (1) The City Polytechnic shall appoint auditors, who shall be
entitled at any time to have access to all books of account, vouchers
and other financial records of the City Polytechnic and to require such
information and explanations thereof as they think fit.

(2) The auditors shall audit the statements prepared under section
19(2) and shall report thereon to the City Polytechnic.

21. (1) The City Polytechnic shall, not later than 6 months after the
end of each financial year, or before such later date as the Governor may
allow in any particular year, submit to the Governor a report on the
activities of the City Polytechnic and copies of the statements prepared
under section 19(2) and the report made under section 20(2).

(2) The Governor shall cause the reports and statements received
by him under subsection (1) to be laid on the table of the Legislative
Council not later than 3 months after receipt of them.



PART VII

GENERAL

22. (1) The Governor in Council may make regulations for

the better carrying out of the provisions of this Ordinance and in
particular, but without prejudice to the generality of the foregoing,
may provide for- l!

(a)the admission of persons other than members, students or staff
to the premises of the City Polytechnic.,

(b)the regulation of the conduct of persons admitted to any part
of the premises of the City Polytechnic or any part thereof and
for the removal therefrom of any person who infringes any of
the provisions of any regulation made pursuant to this section.

(2) Regulations made under this section may provide that any
contravention of any such regulations shall be an offence and may
provide penalties therefor not exceeding a fine of 55,000.

23. (1) No person shall incorporate or form, or be a director, office
bearer or organizer of, work in connexion with, or be a member of, any
company, body corporate, firm or organization which

(a) falsely purports or holds itself out to be-

(i) the City Polytechnic or any branch or part thereof; or

(ii) connected or associated with the City Polytechnic in
any manner whatsoever; or

(b) with intent to deceive or mislead, uses the title 'City Poly-

technic of Hong Kong' or or a title





in any language which so closely resembles the title 'City
Polytechnic of Hong Kong' or ' Ait-M -iri ff-T.'4'~P-k ' as to
be capable of deceiving or misleading any person into
believing that the company, body corporate, firm or
organization is

(i) the City Polytechnic or any branch or part thereof, or

(ii) connected or associated with the City Polytechnic in
any manner whatsoever.

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable on conviction to a fine of 5 10,000.

24. The Council may, subject to any regulations made under
section 22, make rules for the better carrying out of the provisions of
this Ordinance and in particular, but without prejudice to the generality
of the foregoing, such rules may provide for

(a)the regulation of the proceedings of the Academic Board and
of any committee appointed under section 13.

(b)the membership and quorum of the Academic Board and of
any committee appointed under section 13;

(c)the powers and duties of the Academic Board and of any
committee appointed under section 13;

(d)the discipline of persons in the employment of the City
Polytechnic;

(e)the regulation of the conduct and discipline of students of the
City Polytechnic;

the conferring of degrees and other academic awards,
including honorary degrees and honorary awards;

(g)the holding and the conduct of elections for the purpose of
electing members of the eligible staff for appointment to the
Council under section 10(c).
Originally 65 of 1983 L.N. 295 83 L.N. 414 83 Short title Interpretation Establishment incorporation and objects of the City Polytechnic President Seal of the City Polytechnic Documents of the City Polytechnic The powers of the City Polytechnic City Polytechnic to be subject to the directions of the Governor in Council Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Appointment of Director and other staff Power of the Council to delegate to the Director Power of the Director to delegate Academic Board of the City Polytechnic Estimates Accounts Auditors Statements and reports to be laid on table of Legislative Council Power of the Governor in Council to make regulations Unauthorized use of title of City Polytechnic Power of the Council to make rules

Originally 65 of 1983 L.N. 295 83 L.N. 414 83 Short title Interpretation Establishment incorporation and objects of the City Polytechnic President Seal of the City Polytechnic Documents of the City Polytechnic The powers of the City Polytechnic City Polytechnic to be subject to the directions of the Governor in Council Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Appointment of Director and other staff Power of the Council to delegate to the Director Power of the Director to delegate Academic Board of the City Polytechnic Estimates Accounts Auditors Statements and reports to be laid on table of Legislative Council Power of the Governor in Council to make regulations Unauthorized use of title of City Polytechnic Power of the Council to make rules

https://oelawhk.lib.hku.hk/items/show/3610

CORRECTIONAL SERVICES CHILDREN'S EDUCATION TRUST ORDINANCE

LAWS OF HONG KONG

CORRECTIONAL SERVICES CHILDREN'S

EDUCATION TRUST ORDINANCE

CHAPTER 1131





CHAPTER 1131

CORRECTIONAL SERVICES CHILDREN'S
EDUCATION TRUST

To establish a trust fund for providing assistance in, and facilities for,
the higher education of the children of employees below officer
rank of the Correctional Services Department, for the education
and training of handicapped children of such employees andfor
the due administration of such fund andfor purposes connected
with the matters aforesaid.

[1 July 1981]

1. This Ordinance may be cited as the Correctional Services
Children's Education Trust Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Assistant Officers and equivalent grades- means any person employed
in the Correctional Services Department below officer rank and
includes common and general grade staff,

'Commissioner' means the Commissioner of Correctional Services;

'Committee' means the committee established under section 6;

'fund' means the trust fund established by section 3;

'higher education' means post-primary education or any education of a
professional, technological, academic or other nature not below
the standard of post-primary education;

'trustee' means the Commissioner as trustee of the fund;

'vesting day' means the date of commencement of this Ordinance.

3. (1) There is hereby established a trust fund to be known as the
Correctional Services Children's Education Trust.

(2) The trustee shall hold the fund upon the trusts and subject to
the provisions contained in this Ordinance.

(3) The fund shall consist of-

(a)the balance on the vesting day of the moneys donated by
members of the public to the fund set up and opened to
subscription on 18 March 1983 with the object of providing
assistance for the higher education of the children of
Assistant Officers and equivalent grades of the Correctional
Services Department and for the education and training of
handicapped children of such officers;

(b)such other assets as may have been acquired before the
vesting day by the use of any moneys so donated; and





(c)such further moneys and assets as may, on or after the
vesting day, be

(i) donated, subscribed or bequeathed to, and accepted by,
the trustee for the purposes of the fund; or

(ii) otherwise acquired by the trustee for the purposes of
the fund.

4. (1) For the purposes of this Ordinance, the person for the time
being performing the duties of the office of the Commissioner shall be
the trustee of the e fund and shall be a corporation sole (in this section
called 'the corporation') and shall have the name 'The Trustee of the
Correctional Services Children's Education Trust', and in that name
shall have perpetual succession and may sue and be sued in any court.

(2) The corporation shall have a common seal and the affixing of
the seal shall be authenticated by the signature of the trustee.

-1 (3) Any. instrument purporting to be. an instrument duly executed
under the seal of. the corporation shall be. received in evidence and
shall, unless the contrary is proved, be deemed to be an instrument so
executed.

5. The trustee shall. apply the fund. in such manner as the
committee may, in its absolute discretion, direct for the following
objects'-;

(a)the provision of assistance in, and facilities for, the higher
education of the children of Assistant Officers and equivalent
grades and for purposes ancillary thereto;

(b)the provision of assistance in, and facilities for-, the education
and training of handicapped -children of Assistant Officers
and equivalent grades; and

(c)the provision for any such children of opportunities for the
furtherance of such studies,. education and training.

6. (1) The fund shall be managed by a committee to be known 'a's
the Correctional Services Children's Education Trust Committee.

(2) The committee shall consist of-

(a) a Chairman, appointed by the Governor;

(b) the Commissioner, or his representative;

(c) the Director of Education, or his representative;

(d)the Correctional Services Welfare officer, appointed by the
Commissioner;

(e)such representative of the Assistant Officers and equivalent
grades as may be appointed by the Governor;





such other members, not exceeding 2, as may be appointed by
the Governor.

(3) A member appointed by the Governor shall hold office for such
period as may be specified in the letter of appointment and may be
reappointed or removed by the Governor.

(4) The quorum necessary for the transaction of business by the
committee may be fixed by standing orders made under section 7 and
unless so fixed shall be the Chairman and 2 members.

7. (1) The committee may make standing orders-

(a) governing its procedure in the transaction of business;

(b) for the maintenance of good order at its meetings; and

(c)generally, for matters relating to the administration and
management of the fund and the discharge of the duties of the
committee.

(2) A copy of every such standing order shall be furnished to the
Chief Secretary and every such order shall be subject to amendment by
the Governor.

8. The committee may from time to time appoint. upon such terms
as it may think proper, an Honorary Secretary. an Honorary Treasurer,
and such other Honorary officials as it may think necessary for the
purpose of carrying out the trusts.

9. (1) The trustee may invest any moneys of the fund in such
investment authorized for the investments of trust funds by the Trustee
Ordinance as the committee may advise.

(2) The Governor may appoint an Investment Advisory Board,
which shall consist of not less than 3 nor more than 5 persons and in
the event of such Investment Advisory Board being appointed the
trustee may, subject to the prior approval of the Investment Advisory
Board, invest any moneys of the fund in investments, which are not
investments authorized for the investment of trust funds, as the
committee may advise.

10. (1) The trustee shall cause proper accounts to be kept of all
transactions of the fund and shall cause to be prepared, in respect of
the period from the vesting day to 31 August 1983, and thereafter in
respect of every period of one year ending on 31 August, a statement of
the accounts of the fund, which statement shall include an income and
expenditure account and balance sheet and shall be signed by the
trustee and the Chairman.

(2) The accounts of the fund and the signed statement of the
accounts shall be audited by an auditor appointed by the Governor and
the auditor shall certify the statement subject to such report, if any, as
he may think fit.





(3) A copy of the signed and audited statement of accounts
together with the auditor's report, if any, and a report by the trustee
on the administration of the fund during the period cover ed by the
audited accounts shall be laid on the table of the Legislative Council
within 3 months of the receipt by the trustee of the signed and
audited statement of accounts from the auditor appointed under
subsection (2), or so soon thereafter as the Governor may allow.

11. (1) The cost of the administration of the fund shall be a charge
upon the general revenue of Hong Kong:

Provided that the Financial Secretary may direct that an annual
supervision fee to be determined by him shall be charged against the
income of the fund and paid into the general revenue of Hong Kong.

(2) The fee charged under the proviso to subsection 1) shall-

(a)be in respect of the period from the vesting day to 31 August
1983, and thereafter in respect of every period of one year
ending on 31 August; and

(b)not exceed two and a half per cent of the income of the fund
over the relevant period.

12. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors, or the rights
of any body politic or corporate or of any other person except such as
are mentioned in this Ordinance and those claiming by, from or under
them.
Originally 34 of 1983 Short title Interpretation Establishment and vesting of fund Incorporation of the Commissioner as trustee Objects and application of the fund Establishment of committee Standing orders Appointment of officers Investment of moneys Accounts Costs of administering the fund Saving

Originally 34 of 1983 Short title Interpretation Establishment and vesting of fund Incorporation of the Commissioner as trustee Objects and application of the fund Establishment of committee Standing orders Appointment of officers Investment of moneys Accounts Costs of administering the fund Saving

https://oelawhk.lib.hku.hk/items/show/3609

VOCATIONAL TRAINING COUNCIL ORDINANCE

LAWS OF HONG KONG

VOCATIONAL TRAINING COUNCIL ORDINANCE

CHAPTER 1130





CHAPTER 1130

VOCATIONAL TRAINING COUNCIL ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART 1

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 2
2. Interpretation................. ....... ... ... ... ... ... ... ... ... 2

3. Application ...................... ... ... ... ... ... ... ... ... ... 3

PART 11

VOCATIONAL TRAINING COUNCIL

4. Establishment of the Vocational Training Council ... ... ... ... ... ... 3

5. Objects of the Council ................. ... ... ... ... ... ... ... ... 3
6. Functions of the Council ............... ... ... ... ... ... ... ... ... 3

7. Delegation ................................ ... ... ... ... ... ... ... 6

PART Ill

MEMBERSHIP, EXECUTIVE, BOARDS AND COMMITTEES

8. Membership of the Council .............. ... ... ... ... ... ... ... 6

9. Director ............................... ... ... ... ... ... ... ... ... 6

10. Establishment, membership and functions of training boards and general com-

mittees .............................. ... ... ... ... ... ... ... 7

11.............................Establishment and membership of council committees ... ... ... ... ... 7

PART IV

FINANCIAL PROVISIONS

12.....................Funds and property of the Council ... ... ... ... ... ... ... ... ... 7

13.........................Rights and obligations of technical institutes ... ... ... ... ... ... ... 7

14..................Estimates and financial year ... ... ... ... ... ... ... ... ... ... 7

Is................Supplementary estimates ..... ... ... ... ... ... ... ... ... ... ... 8

16..............Investment of funds ........... ... ... ... ... ... ... ... ... ... ... 8

17..........Accounts .......................... ... ... ... ... ... ... ... ... 8

18.......Audit ...................... ... ... ... ... ... ... ... ... ... ... 8

19. Statements and reports to be sent to Governor and laid on table of Legislative

Council .................................. ... ... ... ... ... 8

PART V







GENERAL AND MISCELLANEOUS

20. Power of the Council to make rules ... ... ... ... ... ... ... ... ... ... 9
21. Council not servant or agent of the Crown ... ... ... ... ... ... ... ... 9
22. Council to be subject to directions of the Governor in Council ... ... ... ... 9
23. Authenticity and admissibility in evidence of document under seal ... ... ... 9





CHAPTER 1130

VOCATIONAL TRAINING COUNCIL

To provide for the establishment, functions and management of a
Vocational Training Council and for purposes connected

therewith.
[Sections 1 to 6(1), paragraphs (a) to (g) of
section 6(2), sections 7 to 12 and sections
14 to 23 26 February 1982.
Paragraphs (h) to (w) of section 6(2) and
section 13 1 April 1982.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Vocational Training Council
Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Chairman' and 'Deputy Chairmen' mean respectively the Chairman
and Deputy Chairmen of the Vocational Training Council appointed
under section 8,

'Council' means the Vocational Training Council established by
section 4;

'council committee' means a committee established under section 11;

'Director' means the Director of Technical Education and Industrial
Training; and 'Deputy Director' and 'Assistant Director' mean
respectively a Deputy Director of Technical Education and
Industrial Training and Assistant Director of Technical Education
and Industrial Training;

'financial year' means the period fixed as the financial year of the
Council under section 14(2);

'functions' includes powers and duties;

'general committee' means a committee established under section 10;

'industry' includes commerce and services;

'industrial training' means training given or received in the course or
for the purpose of employment in industry;

'industrial training centre' means a place where industrial training is
provided by or on behalf of the Council;

'technical education' means education provided by a technical

C

institute;





'technical institute' means any of the following institutes-

(a) the Kwun Tong Technical Institute;

(b) the Haking Wong Technical Institute;

(e) the Lee Wai Lee Technical Institute;

(d 1) the Kwai Chung Technical Institute;

(e) the Morrison Hill Technical Institute; or

any other institute established, operated or managed by the
Council,

but does not include an industrial training centre;

'trade' means any trade or occupation in industry; 'training
board' means a board established under section 10.

3. The Education Ordinance shall not apply in respect of any
technical institute or industrial training centre.

PART II

VOCATIONAL TRAINING COUNCIL

4. (1) There is hereby established a council, to be known as the
Vocational Training Council, which shall in that name be a body
corporate with perpetual succession and shall be capable of suing and
being sued.

(2) The Council shall have a common seal, the affixing of which
shall be authenticated by the signature of any 2 members of the
Council.

5. The objects of the Council shall be-

(a)to advise the Governor on the measures required to ensure a
comprehensive system of technical education and industrial
training suited to the developing needs of Hong Kong;

(b)to institute, develop and operate schemes for training
operatives, craftsmen, technicians and technologists needed
to sustain and improve industry;

(e)to establish, operate and maintain technical institutes and
industrial training centres.

6. (1) The Council shall-

(a)consider and report to the Governor on any matter concerning
technical education or industrial training referred to it by the
Governor;

(b)report to the Governor annually or as often as he may direct;





(c)examine and make recommendations to the Governor on the
financial needs of technical institutes and industrial training
centres;

(d)operate and maintain any technical institute assigned to it by
the Government;

(e) keep under review-

(i) the needs of industry for trained manpower,

(ii) the availability of trained manpower to meet the needs of
industry;

(iii) the facilities available to train the manpower needed by
industry;

(iv) the provision by employers of industrial training and
apprenticeships; and

(v) the adequacy of industrial training provided by
employers for trainees and apprentices and the measures to be
taken to promote and improve such training;

consider and recommend which trades should be specified by
the Governor to be designated trades under section 45 of the
Apprenticeship Ordinance; and

(g)consider and approve. if thought fit, recommendations from
training boards and general committees for training courses.

(2) The Council may do all things that are necessary for. or
incidental or conducive to, the better carrying out of the objects of the
Council and may in particular. but without prejudice to the generality of
the foregoing

(a)consult with the Government and with any interested person
on any matter pertaining to technical education or industrial
training;

(b) conduct or commission research into any aspect of

technical education or industrial training;'

(c)receive and consider suggestions or proposals for the
development of technical education and industrial training;

(d)specify the skills and operations to be taught to persons
undergoing industrial training;

(e)devise training programmes, examinations and tests for any
trade;

recommend the minimum standard of education 11 to be
attained by persons as a pre-requisite to their undergoing
technical education or industrial training;

(g)disseminate training materials and information on matters kept
under review under subsection (1);





(h)establish, operate and maintain technical institutes and
industrial training centres;

(i)provide or approve training courses and other facilities for
technical education and industrial training;

(j)help candidates for industrial training to find suitable
training facilities;

(k)establish standards of skill to be achieved in any particular
trade, conduct examinations and tests in respect of any
trade and award certificates of attendance and competence;

(4with the approval of the Chief Secretary make use of
personnel, facilities and services of any department of the
Government;

(m)allocate funds of the Council to any person for the purpose
of providing any training course approved by the Council
other than a training course which that person is
responsible for providing under any other Ordinance or is
providing in order to meet his own requirements for
trained personnel;

(n) employ staff and remunerate them;

(o)engage technical and professional advisers to advise on
any matter arising out of or connected with any of the
functions of the Council, and remunerate them;

(p)pay allowances to persons attending courses provided or
approved by the Council;

(q)pay allowances to persons partaking in the provision of
training courses provided or approved by the Council;

(r)pay such expenses as it thinks fit to any member, other
than a public officer, of the Council, of a council corn-
mittee or of a training board or general committee;

(s)acquire, hold and lease any property required for the
discharge of its functions under this Ordinance and, sub-
ject to the terms and condition upon which such property
is held, dispose of it;

(t)receive funds and donations lawfully given and consistent
with its objects under this Ordinance;

(u)with the approval of the Financial Secretary borrow or
otherwise raise money on such security as may be neces-
sary, and, for that purpose, charge all or any part of the
property of the Council;

(v)charge fees for any services or the use of any facility
provided by the Council; and

(w)enter into any contract in furtherance of its objects or the
exercise of its functions.





7. (1) The Council may, either generally or in any particular

case, delegate to any training board or general committee, any
council committee or any public officer the performance or 11 exercise
on its behalf of any of its functions under this Ordinance.

(2) Where any function of the Council under this Ordinance is
performed or exercised by a board, committee or public officer referred
to in subsection (1), the performance or exercise shall, unless the
contrary is proved, be deemed to have been duly delegated to that
board, committee or public officer as the case may be.

PART Ill

MEMBERSHIP, EXECUTIVE. BOARDS AND
COMMITTEES

8. (1) The Council shall consist of the following members-

(a),such number of persons other than public officers, not
exceeding 18, as the Governor may appoint;

(b)such number of public officers, not exceeding 4, as the
Governor may appoint.

(2) The Governor shall appoint a Chairman of the Council from
those members appointed under subsection ( 1 )(a).

(3) The Governor shall appoint such number of Deputy Chairmen of
the Council as he may think fit from those members appointed under
subsection (1).

(4) Every member of the Council who is a public officer shall hold
office at the pleasure of the Governor.

(5) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, every member of the Council who is not a
public officer shall be appointed for such period as the Governor may
determine and may from time to time be reappointed.

(6) Any member of the Council who is not a public officer may at
any time, by notice in writing to the Governor, resign from the Council.

(7) If any member of the Council is absent from Hong Kong or is for
any other reason unable to exercise the powers or perform the duties of
his office as a member. the Governor may appoint another person to be a
temporary member of the Council during the absence or incapacity of
that member.

(8) All appointments made under subsection (1), (2), (3) or (7) shall
be published by notice in the Gazette.

9. (1) The Director shall be the chief executive of the Council.

(2) The Director and, with the consent of the Chairman. a Deputy
Director or Assistant Director may attend any meeting of any council
committee. training board or general committee.





10. (1) The Governor may, on the advice of the Council,
establish training boards and general committees.

(2) The Governor shall appoint the chairman and members of
any training board or general committee, none of whom need be a
member of the Council.

(3) Training boards and general committees shall perform
such functions as the Council may decide and shall report to the
Council as often as the Council may decide.

11. The Council may establish council committees to assist it
to perform 'Its functions and shall appoint the chairman and mem-
bers of any such committee. of which at least two thirds of the
membership shall be members of the Council.

PART IV

FINANCIAL PROVISIONS

12. The funds and property of the Council shall consist of-

(a)all money's appropriated by the Legislative Council for the
purposes of the Council:

(b) all moneys lawfully received by the Council by way of
grants, loans, funds, donations. fees, rent or interest;

(c.)all moneys derived from the sale of any property held by or
on behalf of the Council; and

(d) all property and assets lawfully acquired by the Council.

13. (1) All contractual and other rights exercisable or enforce-
able by or on behalf of the technical institutes before the com-
mencement of this Ordinance shall on the commencement thereof
become and be exercisable and enforceable by the Council.

(2) On the commencement of this Ordinance the Council shall
become liable for all debts and liabilities and for the performance of
all contractual and other obligations incurred by or on behalf of the
technical institutes before the commencement of this Ordinance.

14. (1) In each financial year, before a date to be fixed by
the Governor, the Council shall submit to the Governor for his
approval a programme of its proposed activities and estimates of its
receipts and payments for the next financial year:

Provided that the programme and estimates for the first finan-
cial year of the Council *shall be submitted as soon as practicable
after the commencement of this Ordinance.

(2) The Council may, from time to time, with the prior
approval of the Governor, fix a period to be the financial year of the
Council.





15. During any financial year the Council may, for the purpose of
implementing its programme of proposed activities submitted and
approved under section 14(1), submit supplementary estimates to the
Governor for his approval.

16. All funds ot the Council not immediately required shall be
invested in such investments as may be approved by the Financial
Secretary.

17. (1) The Council shall keep proper accounts and records of all
receipts and payments.

(2) The Director of Accounting Services may give to the Council
such directions as he thinks fit with respect to the keeping of accounts
and records referred to in subsection (1) and the Council shall comply
with any such direction.

(3) After the end of each financial year the Council shall cause to
be prepared a statement of receipts and payments of the Council during
that financial year and a statement of the assets and liabilities of the
Council on the last day thereof, which statements shall be signed by the
Chairman.

18. (1) The Director of Audit shall be entitled at any time to have
access to all books of account, vouchers and other financial records of
the Council and to require such information and explanations thereon as
he thinks fit.

(2) The Council shall. within the period of 4 months, or such longer
period as the Governor may determine, after the close of each financial
year, send to the Director of Audit the statements prepared under
section 17(3).

(3) The Director of Audit shall-

(a)audit the accounts of the Council and the statements received
by him under subsection (2);

(b)subject to such report, if any, as he thinks fit, certify the
statements; and

(c)send to the Council the certified statements together with his
report, if any.

19. (1) The Council shall, within the period of 7 months, or such
longer period as the Governor may determine, after the close of each
financial year. submit to the Governor a report of its activities during that
financial year together with the statements and any report sent to it by
the Director of Audit under section 18(3).

(2) The Governor shall cause the reports and statements received
by him under subsection (1) to be laid on the table of the Legislative
Council.





PART V

GENERAL AND MISCELLANEOUS

20. The Council may make rules not inconsistent with this
Ordinance for all or any of the following matters

(a)the regulation of its proceedings and the proceedings of any
council committee. training board or general committee;

(b) the regulation and control of its finances;

(c)the regulation of the conditions and terms of employment and
the discipline of persons employed or engaged under section
6(2);

(d)the regulation of the conduct and discipline of students at
technical institutes and trainees at industrial training centres;
and

(e)the better carrying out of its objects and exercise of its
functions under this Ordinance.

21. The Council is not the servant or agent of the Crown and does
not enjoy any status. immunity or privilege of the Crown.

22. (1) The Governor in Council may give to the Council such
directions as he thinks fit with respect to the exercise of its functions
under this Ordinance and the Council shall comply with any such
direction.

(2) The Governor in Council may delegate to a public officer the
powers conferred upon him by this section.

23. Any document purporting to be a document duly executed
under the common seal of the Council shall, unless the contrary is
proved, be deemed to be a document so executed and shall be received
in evidence without further proof.
Originally 6 of 1982 L.N. 65/82 Short title Interpretation Application Establishment of the Vocational Training Council Object of the Council Functions of the Council Delegation Membership of the Council Director Establishment membership and functions of training boards and general committees Establishment and membership of council committees Funds and property of the Council Rights and obligations of technical institutes Estimates and financial year Supplementary estimates Investment of funds Accounts Audit Statements and reports to be sent to Governor and laid on table of Legislative Council Power of the Council to make rules Council not servant or agent of the Crown Council to be subject to directions of the Governor in Council Authenticity and admissibility in evidence of document under seal

Originally 6 of 1982 L.N. 65/82 Short title Interpretation Application Establishment of the Vocational Training Council Object of the Council Functions of the Council Delegation Membership of the Council Director Establishment membership and functions of training boards and general committees Establishment and membership of council committees Funds and property of the Council Rights and obligations of technical institutes Estimates and financial year Supplementary estimates Investment of funds Accounts Audit Statements and reports to be sent to Governor and laid on table of Legislative Council Power of the Council to make rules Council not servant or agent of the Crown Council to be subject to directions of the Governor in Council Authenticity and admissibility in evidence of document under seal

https://oelawhk.lib.hku.hk/items/show/3608

BRITISH RED CROSS SOCIETY (HONG KONG BRANCH) ORDINANCE

LAWS OF HONG KONG

BRITISH RED CROSS SOCIETY (HONG KONG BRANCH)

ORDINANCE

CHAPTER 1129





CHAPTER 1129

BRITISH RED CROSS SOCIETY (HONG KONG BRANCH)

To further and protect the activities in Hong Kong of the British Red
Cross Society, and to incorporate the Hong Kong Branch thereof.

[26th November, 1976.]

1. This Ordinance may be cited as the British Red Cross Society
(Hong Kong Branch) Ordinace.

2. In this Ordinance, unless the context otherwise requires-

'Charter' means the Royal Charter dated the 3rd September 1908 and all
Supplemental Charters, granted to the Society;

'Hong Kong Branch' means the Hong Kong Branch of the Society;

'Society' means the British Red Cross Society incorporated by Royal
Charter dated the 3rd September 1908.

3. No person shall, except with the authority of the Society or the
Hong Kong Branch, distribute or sell or expose for sale

(a)any badge, token or emblem specifically adopted by the
Society or the Hong Kong Branch for use by members
thereof; or

(b) any badge, token or emblem containing the words 'The
British Red Cross Society' or 'The British Red Cross
Society (Hong Kong Branch)' or 'Hong Kong Red
Cross' or the characters or
or

4. No person shall, except with the authority of the Society or the
Hong Kong Branch or with lawful authority or lawful excuse, have in his
possession

(a)any badge, token or emblem specifically adopted by the
Society or the Hong Kong Branch for use by members thereof
; or

(b) any badge, token or emblem containing the words 'The
British Red Cross Society' or 'The British Red Cross
Society (Hong Kong Branch)' or 'Hong Kong Red
Cross' or the characters or
or

5. No person shall without lawful authority or lawful excuse have in
his possession

(a)any device which so closely resembles any badge, token or
emblem specifically adopted by the Society or the





Hong Kong Branch for use by members thereof as to lead to
the belief that the device in question is such badge, token or
emblem; or

(b)any badge, token or emblem containing any words or
characters so closely resembling any words or characters
ordinarily used to describe any member of the Society or the
Hong Kong Branch as to be calculated to deceive or mislead.

6. (1) No person shall form, or work in connexion with, or be a
member of

(a)any organization which without authority from the Society or
the Hong Kong Branch claims or purports to be the Society or
the Hong Kong Branch, or the Hong Kong Red Cross;

(b)any organization, other than the Society or the Hong Kong
Branch, which uses the title of the Society, or the Hong Kong
Branch or Hong Kong Red Cross or the equivalent Chinese
title therefor or any title in any language which, with or
without additional words or characters, so closely resembles
any of the said titles as to be calculated to deceive or mislead;
or

(c)any organization which, by the use of any such title or
otherwise, without due authority, purports or claims to be
connected with the Society or the Hong Kong Branch.

(2) No person, other than a member of the Society, or the Hong
Kong Branch, shall wear or use any uniform or equipment of the Society
or the Hong Kong Branch.

7. Any person who contravenes any of the provisions of section 3,
section 4, section 5, or section 6 shall be guilty of an offence and shall
be liable on conviction to a fine of $1,000.

8. The President, the Chairman, the Director, the Honorary
Treasurer and the Secretary for the time being of the Hong Kong Branch
shall be a body corporate, hereinafter called 'the Corporation', and shall
have the name 'The British Red Cross Society (Hong Kong Branch)%
and in that name shall have perpetual succession and may sue and be
sued in all courts and shall 11 have and may use a common seal.

9. On the commencement of this Ordinance, all those pieces or
parcels of ground specified in the Schedule, together with all rights,
easements and appurtenances thereto belonging, shall vest in the
Corporation for the unexpired residue of the respective term of years
created by the Crown Lease or Conditions of Grant specified in relation
thereto, subject to payment of the rent and performance of the
covenants and conditions reserved by and contained. in the said Crown
Leases and Conditions of Grant.





10. (1) The Corporation shall have power to acquire, accept leases
of, purchase, take, hold, and enjoy any lands, buildings, messuages or
tenements of what nature or kind soever and wheresoever situate, and
also to invest moneys upon mortgage of any lands, buildings,
messuages or tenements, or upon the mortgages, debentures, stocks,
funds, shares or securities of any government, municipality, corporation
or company, and also to purchase, acquire and possess vessels, goods
and chattels of what nature and kind soever.

(2) The Corporation shall further have power by deed under its seal
to grant, sell, convey, assign, surrender, exchange, partition, yield up,
mortgage, demise, reassign, transfer or otherwise dispose of any lands,
buildings, messuages, tenements, mortgages, debentures, stocks,
funds, shares or securities, vessels, goods or chattels, which are for the
time being vested in or belonging to the Corporation upon such terms
as to the Corporation may seem fit.

11. All deeds and other instruments requiring the seal of the
Corporation shall be sealed in the presence of, and shall be signed by
any two of the following: the President, the Chairman, the Director, the
Honorary Treasurer and the Secretary for the time being of the Hong
Kong Branch.

12. All matters of internal management of the Corporation shall be
settled and carried out in accordance with the Charter and Rules of the
Society and the rules and regulations for the time being of the Hong
Kong Branch.

13. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors, or the rights
of any body politic or corporate or of any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.

SCHEDULE [s.
9.] PROPERTY VESTED IN THE CORPORATION

All those pieces or parcels of ground known and registered in the Land Office
as

1.Inland Lot 7966 (Anne Black Red Cross Headquarters; Crown Lease dated
21.1.1971)

2.Inland Lot 8101 (John F. Kennedy Centre, Sandy Bay; Crown Lease dated
2.7.1971)

3.Inland Lot 8265 (Margaret Trench Red Cross School, Sandy Bay; Conditions
of Grant No. 9863 dated 10.3.1971)

4.Kwun Tong Inland Lot 255 (Princess Alexandra Residential School, Kwun
Tong; Conditions of Grant No. 7058 dated 9.3.1962)
Originally 73 of 1976 Short title Interpretation Unauthorized distribution of badges Unauthorized possession of badges Unauthorized possession of devices resembling badges Unauthorized bodies Offences and penalty Incorporation Vesting of property Schedule Powers of Corporation Execution of documents Internal management Saving

Originally 73 of 1976 Short title Interpretation Unauthorized distribution of badges Unauthorized possession of badges Unauthorized possession of devices resembling badges Unauthorized bodies Offences and penalty Incorporation Vesting of property Schedule Powers of Corporation Execution of documents Internal management Saving

https://oelawhk.lib.hku.hk/items/show/3607

SIR DAVID TRENCH FUND FOR RECREATION ORDINANCE

LAWS OF HONG KONG

SIR DAVID TRENCH FUND FOR RECREATION

ORDINANCE

CHAPTER 1128





CHAPTER 1128.

SIR DAVID TRENCH FUND FOR RECREATION.

To establish a fund for providing or assisting in providing facilities for
recreational, sporting, cultural and social activities andfor the
due administration of such fund andfor purposes connected with
the matters aforesaid.

[13th February, 1970.1

1. This Ordinance may be cited as the Sir David Trench Fund for
Recreation Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'fund' means the trust fund established by section 3;

'trustee' means the Accountant General as trustee of the fund;

'vesting day' means the date of commencement of this Ordinance.

3. (1) There is hereby established a fund to be known as the Sir
David Trench Fund for Recreation.

(2) The trustee shall hold the fund upon the trusts and subject to
the provisions contained in this Ordinance.

(3) The fund shall consist of-

(a)the sum of three million dollars (hereinafter referred to as the
original capital sum) being an anonymous donation made on
the 5th day of January 1970 with the object of setting up the
fund and presently held by the Accountant General in trust for
the Sir David Trench Fund for Recreation;

(b)such other assets as may have been acquired before the
vesting day by the use of any moneys so donated;

(c)such further moneys and assets as may, on or after the vesting
day, be

(i) donated, subscribed or bequeathed to, and accepted by,
the trustee; or

(ii) otherwise acquired by the trustee.

4. (1) For the purposes of this Ordinance, the person for the time
being performing the duties of the office of the Accountant General
shall be the trustee of the fund and shall be a corporation sole (in this
section referred to as the corporation) and shall have the name 'The
Trustee of the Sir David Trench Fund for Recreation', and in that name
shall have perpetual succession and may sue and be sued in any court.





(2) The corporation shall have a common seal and the
affixing of the seal shall be authenticated by the signature of the
trustee.

(3) Any instrument purporting to be an instrument duly
executed under the seal of the corporation shall be received in
evidence and shall, unless the contrary is proved, be deemed to
be an instrument so executed.

5. The trustee shall apply the fund in such manner as the
Governor may direct for the following objects-
(a)the provision of, or assistance in the provision of facilities
for recreational, sporting, cultural and social activities;
(b)such objects ancillary or incidental to the objects set
out in paragraph (a) as the Governor may consider
appropriate.

6. (1) Subject to the direction of the Governor, the fund,
other than the original capital sum, may be expended, applied
and used for any object specified in section 5 but no part of the
original capital sum shall be expended, applied or used, for any
such purpose without the prior approval of the Legislative Council.

(2) The trustee may lend any moneys of the fund for any
object specified in section 5 without any interest or at such a rate
of interest as the Governor may direct.

7. (1) The trustee may invest any moneys of the fund in
such investments, whether or not such investments are trust invest-
ments, as the Governor may direct, subject, in the case of invest-
ments which are not trust investments, to the prior approval of.the
Investment Advisory Committee, and may remit moneys comprised
in the fund to the Crown Agents for investment in the name of the
trustee.

(2) The Governor shall, for the purposes of subsection (1)
appoint an Investment Advisory Committee, which sfiall consist of
not less than three nor more than five persons.

8. (1) The trustee may, subject to the direction of the
Governor, from time to time appoint, upon such salary and upon
such terms as he may think proper, such officials as he may think
necessary for the purpose of carrying out the trusts or for the
proper administration and management of the fund.

(2) The trustee may employ any professional person to advise
him on any matter arising out of or in connexion with his functions
under this Ordinance.

(3) AU salaries and fees of any person so appointed or
employed shall be paid by the trustee out of the fund.





9. (1) The trustee shall cause proper accounts to be kept
of all transactions of the fund and shall cause to be prepared, in
respect of the period from the vesting day to the 31st day of March
1971, and thereafter in respect of every period of one year ending
on the 31st day of March, a statement of the accounts of the fund,
which statement shall include an income and expenditure account
and balance sheet and shall be signed by the trustee.

(2) The accounts of the fund and the signed statement of
the accounts shall be audited by an auditor appointed by the
Governor and the auditor shall certify the statement subject to
such report, if any, as he may think fit.

(3) There shall be laid on the table of the Legislative Council,
not later than the 30th day of September next following the end
of each period in respect of which a statement of the accounts of
the fund is required to be prepared under subsection (1) or so
soon thereafter as the Governor may allow-
(a)a copy of the signed and audited statement of accounts
together with the auditor's report, if any;
(b)a report of the trustee on the administration of the fund
during such period; and
(c)such other report, if any, as the Governor may see fit
to make thereon.

10. (1) The cost of the administration of the fund, other than
the salaries and fees paid under subsection (3) of section 8, shall
be a charge upon the general revenue of the Colony:
Provided that the Financial Secretary may direct that an
annual supervision fee to be determined by him shall be charged
against the income of the fund and paid into the general revenue
of the Colony.

(2) The fee charged under the proviso to subsection (1) shall-
(a)be in respect of the period from the vesting day to the
31st day of March 1971 and thereafter in respect of every
period of one year ending on the 31st day of March; and
(b)not exceed two and a half per cent of the income of the
fund over the relevant period.

11. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Succes-
sors, or the rights of any body politic or corporate or of any other
persons except such as are mentioned in this Ordinance and those
claiming by, from or under them.
Originally 20 of 1970 Short title Interpretation Establishment and vesting of fund Incorporation of Accountant General as trustee Application and objects of the fund Special provisions relating to manner of application of fund Investment of moneys Appointment of officials and professional advisers. Accounts Cost of administering the fund Saving

Originally 20 of 1970 Short title Interpretation Establishment and vesting of fund Incorporation of Accountant General as trustee Application and objects of the fund Special provisions relating to manner of application of fund Investment of moneys Appointment of officials and professional advisers. Accounts Cost of administering the fund Saving

https://oelawhk.lib.hku.hk/items/show/3606

HONG KONG GENERAL CHAMBER OF COMMERCE SPECIAL RELIEF FUND ORDINANCE

LAWS OF HONG KONG

HONG KONG GENERAL CHAMBER OF COMMERCE

SPECIAL RELIEF FUND ORDINANCE

CHAPTER 1127





CHAPTER 1127.

HONG KONG GENERAL CHAMBER OF COMMERCE
SPECIAL RELIEF FUND ORDINANCE.

ARRANGEWNT OF SECTIONS.

Section. Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Establishment of fund ... ... ... ... ... ... ... ... ... ... ... ... 2

4. Contents of fund ... ... ... ... ... ... ... ... ... ... ... ... ... 2

5. Establishment of Board of Trustees ... ... ... ... ... ... ... ... ... 2

6. Incorporation of Board ... ... ... ... ... ... ... ... ... ... ... 3

7. Objects and application of fund ... ... ... ... ... ... ... ... ... ... 3

8. Beneficiary defined ... ... ... ... ... ... ... ... ... ... ... ... 3

9. Standing orders ... ... ... ... ... ... ... ... ... ... ... ... ... 4

10. Appointment of officers and professional advisers ... ... ... ... ... ... 4

11. Investment of moneys ... ... ... ... ... ... ... ... ... ... ... ... 4

12. Accounts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

13. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5

Schedule........................................ ... ... ... ... ... ... ... ... ...
5





CHAPTER 1127.

HONG KONG GENERAL CHAMBER OF COMMERCE
SPECIAL RELIEF FUND.

To establish a trust fund to provide assistance for public officers and
members of the armed forces of the Crown or of voluntary services
killed or injured in the course of their duties and their dependants
andfor purposes incidental thereto or connected therewith.

[4th July, 1969.1

1. This Ordinance may be cited as the Hong Kong General Chamber
of Commerce Special Relief Fund Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Board' means the Board of Trustees established by section 5;

'Chamber' means the Hong Kong General Chamber of Commerce;

'fund' means the trust fund established by section 3;

'vesting day' means the date of commencement of this Ordinance.

3. (1) There is hereby established a trust fund to be known as the
Hong Kong General Chamber of Commerce Special Relief Fund.

(2) The Board shall hold the fund upon the trusts and subject to
the provisions contained in this Ordinance.

4. The fund shall consist of-

(a)the balance on the vesting day of the moneys donated by
members of the Chamber or by members of the' public to the
fund set up and opened to subscription on the 10th day of July
1967 with the object of providing assistance to dependants of
the forces of law and order killed during the disturbances then
taking place.,

(b)such other assets as are held on the vesting day, having been
acquired by the use of any moneys so donated; and

(c)such further moneys and assets as may, on or after the vesting
day, be

(i) donated, subscribed or bequeathed to, and accepted by,
the Board; or

(ii) otherwise acquired by the Board.

5. (1) There is hereby established a Board of Trustees, tees, to be
called the Hong Kong General Chamber of Commerce Special Relief
Fund Board.





(2) The Board shall consist of not less than two nor more than four
trustees, one of whom shall be appointed as Chairman by the Chamber.

(3) The trustees on the vesting day shall be the persons named in
the Schedule.

(4) Subject to the provisions of subsection (2), the Chamber may,
from time to time, by deed under its common seal, remove any trustee
and appoint a new or additional trustee.

(5) A trustee may at any time resign by giving not less than one
month's notice in writing to the Chamber.

(6) The quorum necessary for the transaction of the business of the
Board shall be two trustees or such greater number as may be fixed by
standing orders made under section 9.

(7) All questions arising at a meeting of the Board shall be decided
by a majority of the votes of the trustees present and, in the case of an
equality of votes, the Chairman shall have a casting vote in addition to
his original vote.

6. (1) For the purposes of this Ordinance the Board-

(a) shall be a corporation sole;

(b)shall have the name---TheHong Kong General Chamber of
Commerce Special Relief Fund Board% and

(c)in that name shall have perpetual succession and may sue and
be sued in any court.

(2) The corporation shall have a common seal and the affixing
thereof shall be authenticated by the signature of a trustee.

(3) Any instrument purporting to be an instrument duly executed
under the seal of the corporation shall be received in evidence and shall,
unless the contrary is proved, be deemed to be an instrument so
executed.

7. The Board shall apply the fund directly or indirectly in such
manner as it shall think fit for the following objects

(a)the maintenance, advancement, education or benefit of any
beneficiary; or

(b) for the benefit of the estate of any beneficiary.

8. For the purposes of this Ordinance-

'beneficiary' means-

(a) any public officer;





(b) any member of the armed forces of the Crown; and

(c)any member of any such auxiliary or voluntary service in Hong
Kong as may be from time to time approved by the Board,

who is killed or injured in the course of carrying out his duty as
such in Hong Kong at any time after the 3 1st day of March 1967;
and

(d)any widow, widower or child of a beneficiary as defined in
paragraphs (a), (b) and (c) and any other person wholly or
partly dependent on any such beneficiary.

9. The Board may make standing orders-

(a) governing its procedure in the transaction of business;

(b) for the maintenance of good order at its meetings; and

(c)generally, for matters relating to the administration and
management of the fund and the discharge of the duties of the
Board.

1 10. (1) The Board may from time to time appoint, upon such
salary and upon such terms as it may think proper, a secretary, a
treasurer, and such other officials as it may think necessary for the
purpose of carrying out the trusts and may employ any professional
person to advise it on any matter arising out of or in connexion
with the trust. 11

(2) All salaries and fees of any person so appointed or employed
shall be paid by the Board out of the fund.

11. (1) The Board may invest any moneys ofthe fund in such
investments, whether or not such investments are trust investments, as
the Board may decide, subject, in the case of investments which are not
trust investments, to the prior approval of the Investment Advisory
Committee.

(2) The Governor shall, for the purposes of subsection (1), appoint
an Investment Advisory Committee, which shall consist of not less than
three nor more than five persons.

12. (1) The Board shall cause proper accounts to be kept of all
transactions of the fund and shall cause to be prepared, in respect of the
period from the vesting day to the 31st day of December 1969, and
thereafter in respect of every period of one year ending on the 31st day
of December, a statement of the accounts of the fund, which statement
shall include an income and expenditure account and balance sheet and
shall be signed by all the trustees.





(2) The accounts of the fund and the signed statement of the
accounts shall be audited by an authorized auditor.

13. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors, or the rights
of any body politic or corporate or of any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.

SCHEDULE. [s. 5.]

MICHAEL ALEXANDER ROBERT YOUNG HERRIES

(Chairman) JOHN DOUGLAS CLAGUE
LAWRENCE KADOORIE GERALD MORDAUNT
BROOME SALMON.
Originally 30 of 1969 Short title Interpretation Establishment of fund Contents of fund Establishment of Board of Trustees Schedule Incorporation of Board Objects and application of fund Beneficiary defined Standing orders Appointment of officers and professional advisers Investment of moneys Accounts Saving

Originally 30 of 1969 Short title Interpretation Establishment of fund Contents of fund Establishment of Board of Trustees Schedule Incorporation of Board Objects and application of fund Beneficiary defined Standing orders Appointment of officers and professional advisers Investment of moneys Accounts Saving

https://oelawhk.lib.hku.hk/items/show/3605

HONG KONG BAPTIST COLLEGE ORDINANCE

LAWS OF HONG KONG

HONG KONG BAPTIST COLLEGE ORDINANCE

CHAPTER 1126





CHAPTER 1126

HONG KONG BAPTIST COLLEGE ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1..........Short title ....................... ... ... ... ... ... ... ... ... ... 3
2..........Interpretation..................... ... ... ... ... ... ... ... ... ... 3

PART II

THE COLLEGE

3.......................Incorporation and objects of the College ... ... ... ... ... ... ... ... 4

4........Visitor ............................. ... ... ... ... ... ... ... ... ... 4

5..............Seal of the College ..... ... ... ... ... ... ... ... ... 4

6................Documents of the College .... ... ... ... ... ... ... ... ... ... ... 4
7................The powers of the College ... ... ... ... ... ... ... ... ... ... ... 5

8. College, Board of Governors and Council to he subject to the directions of the

Governor in Council ...................... ... ... ... ... ... ... ... 6

PART III

THE BOARD OF GOVERNORS

9.......................Establishment of the Board of Governors ... ... ... ... ... ... ... ... 6
10......................Membership of the Board of Governors ... ... ... ... ... ... ... ... 6

11.............................Meetings and procedure of the Board of Governors ... ... ... ... ... 7

12....................Powers of the Board of Governors ... ... ... ... ... ... ... ... ... 7

13...........Interpretation ................... ... ... ... ... ... ... ... ... ... 8

PART IV

THE COUNCIL

14..................Establishment of the Council ... ... ... . ... ... ... ... 8

15................Membership of the Council ... ... ... ... ... ... ... ... ... ... ... 8

16......................Meetings and procedure of the Council ... ... ... ... ... ... ... ... 9

17...........................Transaction of business by circulation of papers ... ... ... ... ... ... 10

18..............Committees generally ...... ... ... ... ... ... ... ... ... ... ... 10

19. Interpretation.................. ... ... ... ... ... ... ... ... ... ... 10





Section...................................... Page

PART V

PRESIDENT, VICE-PRESIDENTS AND
STAFF

20. Appointment of President, Vice-Presidents and other staff ... ... ... ...

21............................Power of the Council to delegate to the President ... ... ... ... ... ... 11

22.....................Power of the President to delegate ... ... ... ... ... ... ... ... ... 11

PART VI

ACADEMIC
BOARD

23..................Academic Board of the College ... ... ... ... ... ... ... ... 12

PART VII

FINANCIAL ESTIMATES AND
PROGRAMME

24. Estimates............................. ... ... ... ... ... ... ... ... ... 12
25. Accounts.............................. ... ... .... ... ... ... ... ... 12
26. Auditors............................ ... ... 1 ... ... ... ... ... 12

27..................................Statements and reports to be laid on table of Legislative Council ... ... ... 13

PART VIII

GENERAL

28.............................Power ofthe Governor in Council to make regulations ... ... ... ... ...

29.......................Unauthorized use of title ofthe College ... ... ... ... ... ... ... ... 13
30.......................Power ofthe Council to make rules ... ... ... ... ... ... ... 14

31.......Saving ............................... ... ... ... ... ... ... ... ... 14

32.........................College not servant or agent of the Crown ... ... ... ... ... ... ... 14,

33. Vesting.................. ... ... ... ... ... ... ...

............... ... 14





CHAPTER 1126

HONG KONG BAPTIST COLLEGE

To repeal the Hong Kong Baptist College Board of Governors Incor-
poration Ordinance and to provide for the incorporation of the
Hong Kong Baptist College andfor matters connected therewith.

[1 January 1984.]

WHEREAS-

(a)The Hong Kong Baptist College was established by the
Hong Kong Baptist Convention and registered as a school
under the Education Ordinance in 1956;

(b)By the Hong Kong Baptist College Board of Governors
Incorporation Ordinance the Board of Governors of the
Hong Kong Baptist College was established as a body
corporate and in 1970 the College was registered under the
Post Secondary College Ordinance;

(c)By the said Hong Kong Baptist College Board of
Governors Incorporation Ordinance one of the objects
of the College was stated to be-

'to maintain an environment and atmosphere that is
thoroughly Christian in which moral and spiritual
teaching and training is provided, which will give
students an understanding of the Christian philoso-
phy of life';

(d)It is considered desirable that the Hong Kong Baptist
College should continue to provide education in Hong
Kong in accordance with those principles but that the
College should be incorporated under a new Ordinance
and the assets and liabilities formerly standing in the
name of the Board of Governors should be vested in the
Hong Kong Baptist College.

PART I

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Baptist
College Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Academic Board' means the Academic Board of the College
established under section 23;





,,academic year' means the academic year determined by the Council;

'Board of Governors' means the Board of Governors established by
section 9;

'College' means the Hong Kong Baptist College established by section
3;

'Convention' means the Baptist Convention of Hong Kong;

'Council' means the Council of the.. College established by section 14;

'eligible staff` means the full-time teaching and instructional staff of the
College, and includes members of the administrative staff of the
College of equivalent rank or grade;

'financial year' means the period fixed by the College under section
25(3);

'President' means the President appointed under section 20 and any
person for the time being acting in that capacity.

PART II

THE COLLEGE

3. (1) The Hong Kong Baptist College shall in that name be a
body corporate with perpetual succession and be capable of suing and
being sued.

(2) The objects of the College shall, subject to this Ordinance, be to
provide for studies, training and research in science, commerce, social
science, arts and other subjects of learning.

4. There shall be a Visitor of the College who shall be the Governor.

5. The College shall have a common seal, and the affixing of the
seal shall

(a) be authorized or ratified by resolution of the Council; and

(b) be authenticated

(i) by the signature of the President or of any
VicePresident; and

(ii) by the signature of' 1 member of the Council, authorized
by the Council either generally or specially to act for that
purpose.

6. (1) The College may make and execute any document in the
performance or exercise of its functions or powers or in connexion with
any matter reasonably incidental to or consequential upon the
performance or exercise of its functions or powers.





(2) Any document purporting to be duly executed under the seal of
the College shall be admitted in evidence and shall, unless the contrary
is proved, be deemed to have been duly executed.

7. Subject to section 8, the College shall have power to do all such
things as are necessary for, or incidental or conducive to, or connected
with, the furtherance of its functions and may in particular, but without
prejudice to the generality of the foregoing

(a)acquire, take on lease, purchase, hold and enjoy property of
any description and sell, let or otherwise dispose of or deal
with the same in such manner and to such extent as the law
would allow if the property were held by a natural person in
the same interest;

(b) enter into any contract;

(c) erect, provide, equip, maintain, alter, remove, demolish,
replace, enlarge, improve, keep in repair and regulate its
buildings, premises, furniture and equipment and other
property;

(d)set terms of remuneration and conditions of service for staff,

(e) engage persons on a part-time basis;

(f)provide appropriate amenities (including residential
accommodation, facilities for social activities and physical
recreation) for its students and persons in its employment;

(g) receive and expend funds;

(h)invest its funds in such manner and to such extent as it thinks
necessary or expedient;

(i)borrow money in such manner and on such securities or
terms as it thinks expedient;

(j)apply for and receive any grant in aid for its functions on
such conditions as it thinks fit;

(k)engage any professional or expert person to advise it on any
matter;

(1)fix and collect fees and charges for courses of study, facilities
and other services provided by it and specify conditions for
the use of such facilities and services;

(m)reduce, waive or refund fees and charges so fixed generally or
in any particular case or class of case;

(n)receive and solicit gifts, whether on trust or otherwise, on its
behalf and act as trustee of moneys or other property vested
in it on trust;

(o) confer academic awards including honorary awards.





8. (1) The Governor in Council may give to the College, the Board
of Governors or the Council such directions as he thinks fit with
respect to the exercise of their respective powers or the performance of
their respective functions, either generally or in any particular case.

(2) In the exercise of their respective powers and the performance
of their respective functions the College, Board of Governors and
Council shall comply with any directions given by the Governor in
Council under subsection (1).

(3) The Governor in Council may delegate the powers conferred
upon him by this section to a public officer.

PART III

THE BOARD OF GOVERNORS

9. (1) There is hereby established a Board of Governors to be
known as the Board of Governors of the Hong Kong Baptist College.

(2) The Board of Governors shall be the supreme governing body
of the College.

10. (1) The Board of Governors shall consist of the following
members

(a)18 members nominated by the Convention and appointed by
the Governor;

(b) 8 members appointed by the Governor;

(c)9 members nominated by the members appointed under
paragraphs (a) and (b) and appointed by the Governor;

(d)3 members elected by the eligible staff from among their
number in accordance with rules made under section 30 and
appointed by the Governor;

(e) the President ex officio; and

the President of the Hong Kong Baptist College Alumni
Association ex officio.

(2)(a) The Governor shall appoint from the members appointed
under subsection (1)(b)-

(i) 1 member as Chairman;

(ii) 1 member as Deputy Chairman; and (iii)
1 member as Treasurer.

(b)The Deputy Chairman shall act as Chairman if the Chairman is
absent from Hong Kong or is, for any other reason, unable to
act as Chairman.





(c)If for any period both the Chairman and the Deputy Chairman
are unable by reason of absence from Hong Kong or
incapacity to perform the functions of their respective offices,
or if for any period both of those offices are vacant, the
members may appoint one of the members appointed under
subsection (1)(b) to act as Chairman during that period.

(3)(a) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member appointed by the
Governor shall be appointed for a period of 3 years or such
lesser period as the Governor may in any particular case
appoint, but may from time to time be reappointed.

(b)A member appointed by the Governor may at any time, by
notice in writing, resign from the Board of Governors.

(4) Upon the expiry of the appointment of any member, other than
an ex officio member, whether by effluxion of time or as a result of
resignation or otherwise, the procedure for a new appointment, or
reappointment, as the case may be, shall be as if the position thus
vacated were being filled for the first time.

11. (1) Meetings of the Board of Governors shall be held at such
times and places as the Chairman may appoint.

(2) 21 members shall form a quorum at a meeting of the Board of
Governors.

(3)(a) If a member has an interest in any matter to be considered
at a meeting of the Board of Governors and is present at such
meeting, he shall as soon as possible after the commencement
of the meeting state the fact and the nature of the interest and
shall, if required by the Board of Governors, withdraw while
the matter is considered and in any case shall not vote
thereon.

(b) In this subsection 'interest' includes a pecuniary interest.

(4) A meeting of the Board of Governors may be adjourned by the
Chairman or person presiding, or, where the Board of Governors so
resolves, by the Board of Governors.

(5) Subject to this Ordinance, the Board of Governors may
determine its own procedure and may exclude from any of its meetings
or any part thereof any ex officio member or any member appointed
under section 10(1)(d) when in the opinion of the Chairman, or person
presiding, such exclusion is in the best interests of the College.

12. The Board of Governors shall have power to-

(a)appoint a President and Vice-Presidents in accordance with
section 20;

(b)consider the annual budget estimates and make
representations thereon to the Council;





(e)consider the annual accounts together with any comments that
may have been made by the auditors;

(d)consider any reports that may be made by the Council to the
Board of Governors;

(e)discuss any motion on general College policy that may be
introduced by a member ofthe Board of Governors.

13. In this Part, unless the context otherwise requires-

(a)'Chairman' means the Chairman of the Board of Governors
appointed under section 10(2);

(b) 'Deputy Chairman' means the Deputy Chairman of the
Board of Governors appointed under section 10(2);

(c) 'member' means a member of the Board of Governors.

PARTIV

THE COUNCIL

14. (1) There is hereby established a Council, to be known as the
Council of the Hong Kong Baptist College.

(2) The Council shall be the executive body of the College and, as
such, may exercise all the powers conferred and shall perform all the
duties imposed on the College by this Ordinance.

15. (1) The Council shall consist of the following members-

(a)7 members elected from among their number by the members
of the Board of Governors appointed under section 10(1)(a)
and appointed by the Governor;

(b)the members of the Board of Governors appointed under
section 10(1)(b) ex officio;

(c)7 members, of whom not less than 4 shall have, experience in
commerce and industry in Hong Kong, appointed by the
Governor;

(d)2 members, who may include any of the 3 members of the
Board of Governors appointed under section 10(1)(d),
elected from among their number by the eligible staff in
accordance with rules made under section 30 and appointed
by the Governor;

(e)2 members nominated by the Academic Board and appointed
by the Governor;

the President ex officio.

(2)(a) The Chairman of the Board of Governors shall be Chairman
of the Council.





(b)The Deputy Chairman of the Board of Governors shall be
Deputy Chairman of the Council.

(e)The Treasurer of the Board of Governors shall be Treasurer of
the Council.

(d)The Deputy Chairman shall act as Chairman if the Chairman is
absent from Hong Kong or is, for any other reason, unable to
act as Chairman.

(e)If for any period both the Chairman and the Deputy Chairman
are unable by reason of absence from Hong Kong or
incapacity to perform the functions of their respective offices,
or if for any period both of those offices are vacant, the
members may appoint one of the members appointed under
subsection (1)(b) to act as Chairman during that period.

(3)(a) Without prejudice to section 42 of the Interpretation and
General Clauses Ordinance, a member appointed by the
Governor shall be appointed for a period of 3 years or such
lesser period as the Governor may in any particular case
appoint, but may from time to time be reappointed.

(b)A member may at any time, by notice in writing to the
Governor, resign from the Council but this paragraph shall not
apply to an ex officio member.

(4) Upon the expiry of the appointment of any member, other than
an ex officio member, whether by effluxion of time or as a result of
resignation or otherwise, the procedure for a new appointment, or
reappointment, as the case may be, shall be as if the position thus
vacated were being filled for the first time.

16. (1) Subject to subsection (2), meetings of the Council shall be
held at such times and places as the Chairman may appoint.

(2) The Council shall meet at least 6 times in each academic year.

(3) 14 members shall form a quorum at a meeting of the Council.

(4)(a) If a member has an interest in any matter to be considered
at a meeting of the Council and is present at such meeting, he
shall as soon as possible after the commencement of the
meeting state the fact and the nature of the interest and shall,
if required by the Council, withdraw while the matter is
considered and in any case shall not vote thereon.

(b) In this subsection 'interest' includes a pecuniary interest.

(5) A meeting of the Council may be adjourned by the Chairman or
person presiding, or, where the Council so resolves, by the Council.





(6) Subject to this Ordinance, 1 , he Council may determine its own
procedure and may exclude from any meeting or any part thereof the
President or any member appointed under section 15(1)(d) when in the
opinion of the Chairman such exclusion is in the best interests of the
College.

17. The Council may transact any of its business by circulation of
papers, and unless 5 members in writing request the Chairman to refer
any particular item of the business being transacted to the next meeting
of the Council a resolution in writing which is approved in writing by a
majority of the members shall be as valid and effectual as if it had been
passed at a meeting of the Council.

18. (1) The Council may create and appoint such committees for
any general or special purposes as it thinks fit and any such committee
may consist partly of persons who are not members of the Council.

(2) The Chairman of any committee appointed under subsection (1)
shall be appointed by the Council from among the members of the
Council.

(3) Subject to subsection (4), the Council may in writing, with or
without restrictions or conditions as it thinks fit, delegate any of its
powers and duties to any committee appointed under subsection (1).

(4) The Council shall not delegate to any committee appointed
under subsection (1) the power

(a)to approve the terms and conditions of service of persons in
the employment of the College,

(b)to approve the programme and estimates required to be
submitted under section 24,

(c)to authorize the preparation of the statements required under
section 25(2);

(d) to make rules under section 30.

(5) Subject to any rules made under section 30, each committee
may determine its own procedure at its meetings.

19. In this Part, unless the context otherwise requires-

(a) 'Chairman' means the Chairman of the Council;

(b)'Deputy Chairman' means the Deputy Chairman of the
Council;

(c) 'member' means a member of the Council.





PART V

PRESIDENT, VICE-PRESIDENTS AND STAFF

20. (1) The Board of Governors shall, on the recommenda-
tion of the Council, appoint a President who, subject to the control
of the Council, shall be the principal academic and administrative
officer of the College.

(2) The Board of Governors shall, where the Council so
recommends, appoint 1 or more Vice-Presidents to assist the
President.

(3) The Council may appoint such other persons to be
teachers, administrators or other employees of the College as it con-
siders expedient.

(4) The Board of Governors shall, on the recommendation of
the Council, appoint any person to act as President during the
absence or incapacity of the President or if that office is or becomes
vacant for any reason.

21. (1) Subject to subsection (2), the Council may in writing,
with or without restrictions or conditions as it thinks fit, delegate to
the President any of its powers and duties.

(2) The Council shall not delegate to the President the power
to-

(a)approve terms and conditions of service of persons in the
employment of the College;

(b)approve the programme and estimates required to be
submitted under section 24;

(c)authorize the preparation of the statements required under
section 25(2);

(d) make rules under section 30.

22. (1) Subject to subsection (2), the President may in writing,
with or without restrictions or conditions as he thinks fit, delegate,
to such person or committee of persons as he thinks fit, his powers
and duties, including any power or duty of the Council delegated to
him under section 21.

(2) The power conferred by this section on the President to
delegate any power or duty of the Council delegated to him under
section 21, and the exercise by any person or committee of persons
of any such power or duty delegated by the President under this
section, shall be subject to any restriction or condition imposed in
respect thereof by the Council under section 21.





PART VI

ACADEMIC BOARD

23. (1) There shall be an Academic Board of the College for the
purpose of

(a) reviewing and developing academic programmes;

(b)directing and regulating the teaching and research conducted
in the College;

(c)regulating the admission of persons to approved courses of
study and their attendance ai such courses; and

leading to the.

(d) conducting the examinations leading to the academic
awards of the College.

(2) The Academic Board shall be appointed by the Council.

(3) The membership and procedure of the Academic Board shall be
in accordance with rules made by the Council under section 30.

(4) The Academic Board shall meet at least 6 times in each
academic year.

PART VII

FINANCIAL ESTIMATES AND
PROGRAMME

24. The College shall submit to a person nominated by the
Governor, at such time and in respect of such periods as the Governor
may direct, a programme of its proposed activities and estimates of its
income and expenditure.

25. (1) The College shall maintain proper accounts and records of
all income and expenditure.

(2) After the end of each financial year, the College shall cause to
be prepared statements of its income and expenditure during the
previous financial year and of its assets and liabilities on the last day
thereof.

(3) The College may, from time to time, with the prior approval of
the Governor, fix a period to be its financial year.

26. (1) The College shall appoint auditors, who shall be entitled at
any time to have access to all books of account, vouchers and other
financial records of the College and to require such information and
explanations thereof' as. they think fit.

(2) The auditors shall audit the statements prepared under section
25(2) and shall report thereon to the College.





27. (1), The College shall, not later than 6 months after the end of
each financial year, or before such later date as the Governor may allow
in any particular year, submit to the Governor a report on its activities,
copies of the statements prepared under section 25(2) and the report
made under section 26(2).

(2) The Governor shall cause the reports and statements received
by him under subsection (1) to be laid on the table of the Legislative
Council not later than 3 months after receipt of them.

PART VIII

GENERAL

28. (1) The Governor in Council may make regulations for the
better carrying out of the provisions of this Ordinance and in particular,
but without prejudice to the generality of the foregoing, may provide
for

(a)the admission of persons other than members, students or
staff to the premises of the College;

(b)the regulation of the conduct of persons admitted to the
premises of the College or any part thereof and for the
removal therefrom of any person who infringes any of the
provisions of any regulation made under this section.

(2) Regulations made under this section may provide that
contravention of any such regulations shall be an offence and may
provide penalties therefor not exceeding a fine of $5,000.

29. (1) No person shall incorporate or form, or be a director, office
bearer or organizer of, work in connexion with, or be a member of, any
company, body corporate, firm or organization which, without the
written authority of the College

(a) purports or holds itself out to be-

(i) the College or any branch or part thereof, or

(ii) connected or associated with the College in any manner
whatsoever; or

(b) uses the title 'Hong Kong Baptist College' or
or a title in any language which so closely resembles the title
'Hong Kong Baptist College' or so as to be capable of
deceiving or misleading any person into believing that the
company, body corporate, firm or organization is

(i) the College or any branch or part thereof, or

(ii) connected or associated with the College in any manner
whatsoever.

(2) Any person who contravenes subsection (1) shall be guilty of
an offence and shall be liable to a fine of $10,000.





30. The Council may, subject to any regulations made under
section 28, make rules for the better carrying out of the provisions of
this Ordinance and in particular, but without prejudice to the generality
of the foregoing, may provide for

(a)the regulation of the proceedings of the Academic Board and
of any committee appointed under section 18;

(b)the membership and quorum of the Academic Board and of
any committee appointed under section 18;

(c)the powers and duties of the Academic Board and the powers
and duties of any committee appointed under section 18;

(d) the discipline of persons in the employment of the College;

(e)the regulation of the conduct and discipline of students of the
College;

(f) the conferring of academic awards, including honorary awards;

(g)the holding and conduct of elections for the purpose of
electing members of the eligible staff for appointment to the
Board of Governors under section 10(1)(d) and the Council
under section 15(1)(d).

31. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors, or the rights
of any body politic or corporate or of any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.

32. The College is not the servant or agent of the Crown and does
not enjoy any status, immunity or privilege of the Crown.

33. (1) All property, whether movable or immovable, rights and
privileges vested in the Board of Governors of the Hong Kong Baptist
College immediately prior to the commencement of this Ordinance are
hereby transferred to and vested in the College upon the same terms
and conditions, if any, as those upon which they were held by the said
Board of Governors.

(2) The College shall be liable for all debts and liabilities ofthe
Board of Governors of the Hong Kong Baptist College.

(3) In this section the 'Board of Governors of the Hong Kong
Baptist College- means the Corporation incorporated in that name by
the Hong Kong Baptist College Board of Governors Incorporation
Ordinance.
Originally 50 of 1983 Preamble Short title Interpretation Incorporation and objects of the College Visitor Seal of the College Documents of the College The powers of the College College, Board of Governors and Council to be subject to the directions of the Governor in Council Establishment of the Board of Governors Membership of the Board of Governors Meetings and procedure of the Board of Governors Powers of the Board of Governors Interpretation Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Interpretation Appointment of President, Vice- Presidents and other staff Power of the Council to delegate to the President Power of the President to delegate Academic Board of the College Estimates Accounts Auditors Statements and reports to be laid on table of Legislative Council Power of the Governor in Council to make regulations Unauthorized use of title of the College Power of the Council to make rules Saving College not servant or agent of the Crown Vesting

Originally 50 of 1983 Preamble Short title Interpretation Incorporation and objects of the College Visitor Seal of the College Documents of the College The powers of the College College, Board of Governors and Council to be subject to the directions of the Governor in Council Establishment of the Board of Governors Membership of the Board of Governors Meetings and procedure of the Board of Governors Powers of the Board of Governors Interpretation Establishment of the Council Membership of the Council Meetings and procedure of the Council Transaction of business by circulation of papers Committees generally Interpretation Appointment of President, Vice- Presidents and other staff Power of the Council to delegate to the President Power of the President to delegate Academic Board of the College Estimates Accounts Auditors Statements and reports to be laid on table of Legislative Council Power of the Governor in Council to make regulations Unauthorized use of title of the College Power of the Council to make rules Saving College not servant or agent of the Crown Vesting

https://oelawhk.lib.hku.hk/items/show/3604

DIOCESAN PREPARATORY SCHOOL COUNCIL INCORPORATION ORDINANCE

LAWS OF HONG KONG

DIOCESAN PREPARATORY SCHOOL COUNCIL

INCORPORATION ORDINANCE

CHAPTER 1125





CHAPTER 1125.

DIOCESAN PREPARATORY SCHOOL COUNCIL
INCORPORATION.

To provide for the incorporation of The Diocesan Preparatory School
Council.

February, 1969.1

1. This Ordinance may be cited as the Diocesan Preparatory School
Council Incorporation Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'constitution' means the constitution of The Diocesan Preparatory
School Council approved from time to time by its members for the
time being in accordance with the constitution for the time being in
operation;

'corporation'' means the body incorporated by ~on 3.

3. The Diocesan Preparatory School Council shall be a body
corporate, and shall have the name 'The Diocesan Preparatory School
Council' and in that name shall have perpetual succession and may sue
and be sued in all courts in the Colony and shall have and may use a
common seal.

4. The corporation shall have full power-

(a)to manage, administer and operate the Diocesan Preparatory
School;

(b) subject to the provisions of the Charities (Land Acquisi-
tion) Ordinance, to acquire, accept leases of, purchase,
take or otherwise hold and enjoy any land, buildings,
messuages or tenements of what nature or kind soever
and wheresoever situate;

(c)to acquire, by purchase or otherwise, goods and chattels of
any kind or description;

(d)to invest moneys on deposit in any bank in the Colony or
elsewhere or in any Hong Kong or other government or
municipal bonds or on mortgage of any land, buildings,
messuages or tenements in the Colony, or in or on
debentures, debenture-stocks, stocks, funds, shares or
securities of any corporation or company carrying on
business in the Colony or elsewhere;

(e)to grant, sell, convey, assign. surrender, yield up, mortgage,
demise, let, reassign, transfer or otherwise dispose of, any
land, buildings, mess~ tenements, mortgages,





debentures, debenture-stocks, stocks, funds, securities,
vessels, goods and chattels for the time being vested in the
corporation, upon such terms as the corporation may deem fit;

to erect any buildings, messuages or tenements and effect any
improvement thereto;

(g)to borrow money upon such terms as: the corporation shall
think fit, and to raise money by public or private subscription;

(h)generally to do such other things as may appear to be
incidental or conducive to the aims and objects of the
corporation as provided by its constitution for the time being
or for carrying into effect the provisions of this Ordinance.

5. On the commencement of this Ordinance the corporation. shall
succeed to all the property, rights, privileges, obligations and liabilities
of the unincorporated The Diocesan Preparatory School Council.

6. The corporation shall consist of such members a's shall be
provided by its constitution.

7. AU the existing members of the unincorporated The Diocesan
Preparatory School Council shall be the first members, of the corporation.

8. The existing constitution of the unincorporated The, Diocesan
Preparatory School Council shall be the constitution of the corporation:

Provided that the same may be changed or amended by the
corporation from time to time in the manner provided by the constitution
for the time being in operation.

9. (1) The corporation shall forward to the Registrar of Companies
for registration the following

(a)notice of the address of the registered office of the corporation
and any change thereto;

(b)a copy of the constitution and any amendment thereto,
certified as correct by the chairman of the corporation;

(c)a list of the names and addresses of the members of the
corporation and any change therein, certified as correct by the
chairman of the corporation; and I

(d)the name and address of any person appointed under section
10 to sign deeds, documents and other instruments and any
change therein. certified correct by the chairman of the
corporation.





(2) Notification in accordance with subsection (1) shall be made
within twenty-eight days of the commencement of this Ordinance or in
the case of any amendment, change or appointment, within twenty-eight
days of such amendment, change or appointment, as the case may be.

(3) Any person may inspect any of the documents registered under
this, section, upon payment of such fee as may be prescribed under
section 305 of the Companies Ordinance for the inspection of a
document.

(4) lle corporation shall pay such fee for registering any document
under this section as is specified in the Eighth Schedule to the
Companies Ordinance, as if the corporation were a company not having
a share capital.

10. (1) The seal of the corporation shall not be affixed to any deed,
document or instrument except by the authority of a resolution of the
corporation.

(2) All deeds, documents and other instruments requiring the seal
of the corporation shall be signed by any two of the persons appointed
by the corporation from time to time, whose names are registered with
the Registrar of Companies in accordance with paragraph (d) of
subsection (1) of section 9 and such signing shall be taken as sufficient
evidence of the due sealing of such deeds, documents and other
instruments.

11. Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance and those claiming by, from or
under them.
Originally 7 of 1969 Short title Interpretation Incorporation Power of corporation Vesting of property members Existing member to become members Existing constitution to become constitution of the corporation Registration with Registrar of Companies Sealing of deeds Saving

Originally 7 of 1969 Short title Interpretation Incorporation Power of corporation Vesting of property members Existing member to become members Existing constitution to become constitution of the corporation Registration with Registrar of Companies Sealing of deeds Saving

https://oelawhk.lib.hku.hk/items/show/3603

COUNCIL OF THE DIOCESAN GIRLS' SCHOOL INCORPORATION ORDINANCE

LAWS OF HONG KONG

3

COUNCIL OF THE DIOCESAN GIRLS' SCHOOL

INCORPORATION ORDINANCE

CHAPTER 1124





CHAPTER 1124

COUNCIL OF THE DIOCESAN GIRLS'
SCHOOL INCORPORATION

To provide for the incorporation of The Council of the Diocesan Girls' School.

[28 February 1969.1

1. This Ordinance may be cited as the Council of the Diocesan
Girls' School Incorporation Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'constitution' means the constitution of The Council of the Diocesan
Girls' School approved from time to time by its members for the
time being in accordance with the constitution for the time being in
operation;

'corporation' means the body incorporated by section 3.

3. The Council of the Diocesan Girls' School shall be a body
corporate, and shall have the name 'The Council of the Diocesan GirIs'
School' and in that name shall have perpetual succession and may sue
and be sued in all courts in the Colony and shall have and may use a
common seal.

4. The corporation shall have full power-

(a)to manage, administer and operate the Diocesan Girls' School;

(b)to acquire, accept leases of, purchase, take or otherwise hold
and enjoy any land, buildings, messuages or tenements of
what nature or kind soever and wheresoever situate;
(Amended, 74 of 1974, s. 3)

(c)to acquire, by purchase or otherwise, goods and chattels of
any kind or description;

(d)to invest moneys on deposit in any bank in the Colony or
elsewhere or in any Hong Kong or other government or
municipal bonds or on mortgage of any land, buildings,
messuages or tenements in the Colony, or in or on
debentures, debenture-stocks, stocks, funds, shares or
securities of any corporation or company carrying on
business in the Colony or elsewhere;

(e)to grant, sell, convey, assign, surrender, yield up, mortgage,
demise, let, reassign, transfer or otherwise dispose of, any
land, buildings, messuages, tenements, mortgages,
debentures, debenture-stocks, stocks, funds, securities,





vessels, goods and chattels for the time being vested in the
corporation, upon such terms as the corporation may deem fit;

to erect any buildings, messuages or tenements and effect any
improvement thereto;

(g)to borrow money upon such terms as the corporation shall think fit,
and to raise money by public or private subscription;

(h)generally to do such other things as may appear to be incidental or
conducive to the aims and objects of the corporation as provided by
its constitution for the time being or for carrying into effect the
provisions of this Ordinance.

5. On the commencement of this Ordinance the corporation shall succeed
to all the property, rights, privileges, obligations and liabilities of the
unincorporated The Council of the Diocesan Girls' School.

6. The corporation shall consist of such members as shall be provided by
its constitution.

7. All the existing members of the unincorporated The Council of the
Diocesan Girls' School shall be the first members of the corporation.

8. The existing constitution of the unincorporated The Council of the
Diocesan Girls' School shall be the constitution of the corporation:

Provided that the same may be changed or amended by the corporation
from time to time in the manner provided by the constitution for the time being
in operation.

9. (1) The corporation shall forward to the Registrar of Companies for
registration the following

(a)notice of the address of the registered office of the corporation and
any change thereto;

(b)a copy of the constitution and any amendment thereto, certified as
correct by the chairman of the corporation;

(c)a list of the names and addresses of the members of the corporation
and any change therein, certified as correct by the chairman of the
corporation; and

(d)the name and address of any person appointed under section 10 to
sign deeds, documents and other instruments and any change
therein, certified correct by the chairman of the corporation.





(2) Notification in accordance with subsection (1) shall be made
within 28 days of the commencement of this Ordinance or in the case of
any amendment, change or appointment, within 28 days of such
amendment, change or appointment, as the case may be.

(3) Any person may inspect any of the documents registered
under this section, upon payment of such fee as may be prescribed
under section 304(1A) of the Companies Ordinance for the inspection
of a document. (Amended, L.N. 20179)

(4) The corporation shall pay such fee for registering any
document under this section as is specified in the Eighth Schedule to
the Companies Ordinance, as if the corporation were a company not
having a share capital.

10. (1) The seal of the corporation shall not be affixed to any deed,
document or instrument except by the authority of a resolution of the
corporation.

(2) All deeds, documents and other instruments requiring the seal
of the corporation shall be signed by any 2 of the persons appointed by
the corporation from time to time, whose names are registered with the
Registrar of Companies in accordance with section 9(1)(d) and such
signing shall be taken as sufficient evidence of the due sealing of such
deeds, documents and other instruments.

11. Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance and those claiming by, from or
under them.
Originally 6 of 1969 74 of 1974 L.N. 20/79 Short title Interpretation Incorporation Power of corporation Vesting of property members Existing members to become members Existing constitution to become constitution of the corporation. Registration with Registrar of Companies. Sealing of deeds Saving

Originally 6 of 1969 74 of 1974 L.N. 20/79 Short title Interpretation Incorporation Power of corporation Vesting of property members Existing members to become members Existing constitution to become constitution of the corporation. Registration with Registrar of Companies. Sealing of deeds Saving

https://oelawhk.lib.hku.hk/items/show/3602

DIOCESAN BOYS' SCHOOL COMMITTEE INCORPORATION ORDINANCE

LAWS OF HONG KONG

DIOCESAN BOYS' SCHOOL COMMITTEE

INCORPORATION ORDINANCE

CHAPTER 1123





CEAPTER 1123.

DIOCESAN BOYS' SCHOOL COMMWITEE
INCORPORATION.

To provide for the incorporation of The Diocesan Boys' School
Committee.

[28th February, 1969.]

1. This Ordinance may be cite d as the Diocesan Boys'
School Committee Incorporation Ordinance.

2. In this Ordinance, unless the context otherwise requires-
&constitution' means the constitution of The Diocesan Boys'
School Committee approved from time to time by its members
for the time being in accordance with the constitution for the
time being in operation;
44corporation' means the body incorporated by section 3.

3. The Diocesan Boys' School Committee shall be a body
corporate, and shall have the name 'The Diocesan Boys' School
Committee' and in that name shall have perpetual succession and
may sue and be sued in all courts in the Colony and shall have
and may use a common seal.

4. The corporation shall have full power-
(a)to manage, administer and operate the Diocesan Boys'
School;

(b) subject to the provisions of the Charities (Land Acquisition) Ordinance,
to acquire, accept leases of, purchase,
takeor otherwise hold and enjoy any land, buildings,
messuages or tenements of what nature or kind soever
and wheresoever situate;
(c)to acquire, by purchase or otherwise, goods and chattels
of any kind or description;
(d)to invest moneys on deposit in any bank in the Colony
or elsewhere or in any Hong Kong or other government or
municipal bonds or on mortgage of any land, buildings,
messuages or tenements in the Colony, or in or on deben-
tures, debenture-stocks, stocks, funds, shares or securities
of any corporation or company carrying on business in
the Colony or elsewhere;
(e)to grant, sell, convey, assign, surrender, yield up, mort-
gage, demise, let, reassign, transfer or otherwise dispose
of, any land, buildings, messuages, tenements, mortgages,





debentures, debenture-stocks, stocks, funds, securities,
vessels, goods and chattels for the time being vested in
the corporation, upon such terms as the corporation may
deem fit; 1

to erect any buildings, messuages or tenements and effect any
improvement thereto;

(g)to borrow money upon such terms as the corporation shall
think fit, and to raise money by public or private subscription;

(h)generally to do such other things as may appear to be
incidental or conducive to the aims and objects of the
corporation as provided by its constitution for the time being
or for carrying into effect the provisions of this Ordinance.

5. On the commencement of this Ordinance the corporation shall
succeed to all the property, rights, privileges, obligations and liabilities
of the unincorporated The Diocesan Boys' School Committee.

6. The corporation shall consist of such members as shall be
provided by its constitution.

7. All the existing members of the unincorporated The Diocesan
Boys' School Committee shall be the first members of the corporation.

8. The existing constitution of the unincorporated The Diocesan
Boys' School Committee shall be the constitution of the corporation:

Provided that the same may be changed or amended by the
corporation from time to time in the manner provided by the constitution
for the time being in operation.

9. (1) The corporation shall forward to the Registrar of
Companies for registration the following--- 1

(a)notice of the address of the registered office of the corporation
and any change thereto;

(b)a copy of the constitution and any amendment thereto,
certified as correct by the chairman of the corporation;

(c)a list of the names and addresses of the members of the
corporation and any change therein, certified as correct by the
chairman of the corporation; and

(d)the name and address of any person appointed under section
10 to sign deeds, documents and other instruments and any
change therein, certified correct by the chairman of the
corporation.





(2) Notification in accordance with subsection (1) shall be made
within twenty-eight days of the commencement of this Ordinance or in
the case of any amendment, change or appointment, within twenty-eight
days of such amendment, change or appointment, as the case may be.

(3) Any person may inspect any of the documents registered under
this section, upon payment of such fee as may be prescribed under
section 305 of the Companies Ordinance for the inspection of a
document.

(4) The corporation shall pay such fee for registering any document
under this section as is specified in the Eighth Schedule to the
Companies Ordinance, as if the corporation were a company not having
a share capital.

10. (1) The seal of the corporation shall not be affixed to any deed,
document or instrument except by the authority of a resolution of the
corporation.

(2) All deeds, documents and other instruments requiring the seal
of the corporation shall be signed by any two of the persons appointed
by the corporation from time to time, whose names are registered with
the Registrar of Companies in accordance with paragraph (d) of
subsection (1) of section 9 and such signing shall be taken as sufficient
evidence of the due sealing of such deeds, documents and other
instruments.

11. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors, or the rights
of any body politic or corporate or of any other persons except such as
are mentioned in this Ordinance and those claiming by, from or under
them.
Originally 5 of 1969 Short title Interpretation Incorporation Power of corporation Vesting of property Members Existing members to become members Existing members to become members Existing constitution to become constitution of the corporation Registration with Registrar of Companies Sealing of deeds Saving

Originally 5 of 1969 Short title Interpretation Incorporation Power of corporation Vesting of property Members Existing members to become members Existing members to become members Existing constitution to become constitution of the corporation Registration with Registrar of Companies Sealing of deeds Saving

https://oelawhk.lib.hku.hk/items/show/3601

COMMUNITY CHEST OF HONG KONG ORDINANCE

LAWS OF HONG KONG

COMMUNITY CHEST OF HONG KONG
ORDINANCE

CHAPTER 1122





CHAPTER 1122

COMMUNITY CHEST OF HONG KONG ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page
PART I

SHORT TITLE AND INTERPRETATION

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2

PART II

ESTABLISHMENT OF CORPORATION

3. Establishment of corporation ... ... ... ... ... ... ... ... ... ... ... 2
4. Common seal ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
5. Certain contracts and instruments not required to be under seal ... ... ... ... 2

PART III

MEMBERSHIP OF CORPORATION

6. Membership of corporation ... ... ... ... ... ... ... ... ... ... ... ... 3

PARTIV

OBJECTS AND POWERS OF CORPORATION

7. Objects of corporation ... ... ... ... ... ... ... ... ... ... ... ... ... 3
8. Powers of corporation ... ... ... ... ... ... ... ... ... ... ... ... ... 3
8A. Corporation a charity ... ... ... ... ... ... ... ... ... ... ... ... ... 4

PART V

MANAGEMENT OF CORPORATION

9. Management of corporation vested in board ... ... ... ... ... ... ... ... 4
10. Delegation by board ... ... ... ... ... ... ... ... ... ... ... ... ... 4

PART VI

CONSTITUTION OF CORPORATION

11. [Spent] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
12. Board to prescribe constitution ... ... ... ... ... ... ... ... ... ... ... 4
13. Certain instruments and particulars to be delivered to Registrar General ... ... 5
14. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5





CHAPTER 1122

COMMUNITY CHEST OF HONG KONG

To establish a corporation, to be known as The Community Chest of
Hong Kong, and to make provision for its constitution and
powers andfor matters connected with the purposes aforesaid.

[8 November 1968.]

PART I

SHORT TITLE AND INTERPRETATION

1. This Ordinance may be cited as the Community Chest of Hong Kong
Ordinance.

2. In this Ordinance, unless the context otherwise requires

,,annual general meeting' means the annual general meeting of the members of
the corporation held pursuant to the constitution;

'board' means the board of directors of the corporation;

'committee' means any committee of the corporation established by or under
the constitution;

'constitution' means the constitution of the corporation;

'corporation' means the corporation established by section 3;

'executive director' means the executive director of the corporation;

'member agency' means any agency engaged in social welfare work which is a
member agency of the corporation in accordance with the constitution;

'president' means the president of the corporation;

'vice-president' means a vice-president of the corporation.

PART II

ESTABLISHMENT OF
CORPORATION

3. There is hereby established a corporation to be called 'The
Community Chest of Hong Kong

4. The corporation shall have a common seal, and the fixing of the seal
shall be authenticated by the signatures of the president or a vice-president and
of the executive director.

5. Any contract or instrument which, if entered into or executed by a
person not being a corporation would not be required to be under seal, may be
entered into or executed on behalf of the corporation by any person generally or
specially authorized for the purpose by the board.





PART 111

MEMBERSHIP OF CORPORATION

6. The corporation shall have such members as are provided for by the
constitution.

PARTIV

OBJECTS AND POWERS OF CORPORATION

7. The objects of the corporation shall be-

(a)to raise funds through a community-wide appeal and to distribute
them to member agencies from time to time according to the
resolutions of the board;

(b)to raise such funds as may be necessary for its efficient management;
and

(c) to disseminate the idea of a community chest.

8. The corporation shall have full power-

(a)to manage, administer and operate The Community Chest of Hong
Kong;

(b)to acquire, accept leases of, purchase, take or otherwise hold and
enjoy any land, buildings, messuages or tenements of what nature or
kind soever and wheresoever situate; (Amended, 74 of 1974, s. 3)

(c)to acquire, by purchase or otherwise, goods and chattels of any kind
or description;

(d)to invest moneys on deposit in any bank in Hong Kong or elsewhere
or any deposit-taking company registered or licensed under the
Banking Ordinance or in any Hong Kong or other government bonds
or on mortgage of any land, buildings, messuages or tenements in
Hong Kong, or in or on debentures, debenture-stocks, stocks, funds,
shares or securities of any corporation or company carrying on
business in Hong Kong or elsewhere; (Amended, 82 of 1970, s. 2 and
38 of 1986, ss. 2 and 3)

(e)to grant, sell, convey, assign, surrender, yield up, mortgage, demise,
let, reassign, transfer or otherwise dispose of, any land, buildings,
messuages, tenements, mortgages, debentures, debenture-stocks,
funds, securities, vessels, goods and chattels for the time being
vested in the corporation, upon such terms as the corporation may
deem fit;

(ea) to act, either alone or jointly with any person, as a trustee of any
trust which is established for charitable purposes in

Hong Kong;(Added, 82 of 1970, s. 2)





(eb) to accept any money or property of any description upon terms
that it be held under any trust for the benefit of member
agencies and to execute any deed establishing any such trust,
which may include provisions for the appointment and
remuneration of any of the trustees thereof, (Added, 82 of 1970,
s. 2)

(f)to erect any buildings, messuages or tenements and effect any
improvement thereto;

(g)to borrow money upon such terms as the corporation shall
think fit, and to raise money by public or private subscriptions;

(h)generally to do such other things as may appear to be
incidental or conducive to the aims and objects of the
corporation as provided by its constitution for the time being
or for carrying into effect the provisions of this Ordinance.

8A. For the avoidance of doubt, the corporation is hereby declared
to be a charity.

(Added, 82 of 1970, s. 3)

PART V

MANAGEMENT OF
CORPORATION

9. Subject to this Ordinance and the constitution, the board shall
have the management of the corporation.

10. The board may delegate such of its functions under section 9
as it may specify to

(a) any committee;

(b) any person; or

(c)the person for the time being holding any office designated
by it.

PART VI

CONSTITUTION OF CORPORATION

11. [Spent]

12. The board shall prescribe a constitution for the corporation as
soon as practicable after the commencement of this Ordinance.





13. (1) The corporation shall forward to the Registrar of Companies
for registration the following

(a)notice of the address of the office of the corporation and any
change thereto;

(b)a copy of the constitution and any amendment thereto,
certified as correct by the president;

(c)the name and address of any person appointed under section
5 to sign contracts and other instruments and any change
therein, certified as correct by the president;

(d)the names and addresses of the officers of the corporation
and the members of the board and any change therein,
certified as correct by the president.

(2) Notification in accordance with subsection (1) shall be made
within 28 days after the commencement of this Ordinance or in the case
of any amendment, change or apointment, within 28 days of the
amendment, change or appointment, as the case may be.

(3) Any person may inspect any of the documents registered
under this section upon payment of such fee as may be prescribed
under section 304(1A) of the Companies Ordinance for the inspection
of a document.

(4) The corporation shall pay such fee for registering any
document under this section as is specified in the Eighth Schedule to
the Companies Ordinance, as if the corporation were a company not
having a share capital.

14. Nothing in this Ordinance shall affect or be deemed to affect
the rights of Her Majesty the Queen, Her Heirs or Successors, or the
rights of any body politic or corporate or of any other persons except
such as are mentioned in this Ordinance and those claiming by, from or
under them.
Originally 45 of 1968. 82 of 1970. 74 of 1974. 38 of 1986. Short title. Interpretation. Establishment of corporation. Common seal. Certain contracts and instruments not required to be under seal. Membership of corporation. Objects of corporation. Powers of corporation. (Cap. 155.) Corporation a charity. Management of corporation vested in board. Delegation by board. Board to prescribe constitution. Certain instruments and particulars to be delivered to Registrar General. (Cap. 32.) Saving.