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<![CDATA[Historical Laws of Hong Kong Online]]> https://oelawhk.lib.hku.hk/items/browse/page/8?output=rss2 Sat, 12 Jul 2025 20:00:39 +0800 webadmin@lib.hku.hk (Historical Laws of Hong Kong Online) Zend_Feed http://blogs.law.harvard.edu/tech/rss <![CDATA[SECRETARY FOR HOME AFFAIRS INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3517

Title

SECRETARY FOR HOME AFFAIRS INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

SECRETARY FOR HOME AFFAIRS

INCORPORATION ORDINANCE

CHAPTER 1044





CHAPTER 1044

SECRETARY FOR HOME AFFAIRS
INCORPORATION

To provide for the incorporation of the Secretary for Home Affairs.

(AmendedL.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)

[10 April 1928]

Originally 3 of 1928 (Cap. 310 R. Ed. 1950) 24 of 1950, 4 of 1955, 18 of 195 7, 15 of 1958,
13 of

1966, L.N. 22 of 1969, L.N. 15 of 1970, L.N. 226 of 1976, L.N. 67 of 1985, L.N. 68 of
1985, R.

Ed. 1985,19 of 1989, L.N. 262 of 1989, L.N. 263 of 1989

1. Short title

This Ordinance may be cited as the Secretary for Home Affairs Incorporation
Ordinance.

(AmendedL.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)

2. Incorporation of the Secretary for Home Affairs

The person for the time being performing the duties of the office of Secretary
for Home Affairs shall be a corporation sole, hereinafter called the corporation, and
shall have the name of 'The Secretary for Home Affairs Incorporated' and shall and
may have and use a common seal.

(Amended 18 of 1957 Third Schedule; L.N. 22 of 1969; L.N. 15 of 1970; L.N.
67 of 1985; L.N. 68 of 1985; L.N. 262 of 1989; L.N. 263 of 1989)

3. Powers of corporation

(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 goods and
chattels of what nature and kind soever.

(2) The corporation shall further have power 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, or other goods and
chattels whatsoever, which are for the time being vested in or belonging to the
corporation, upon such terms as to the corporation may seem fit. (Amended4 of 1955
s. 2)

4.Property and rights transferred to corporation to vest or remain vested in
corporation and not to pass to personal representatives of occupant

Notwithstanding any change in the occupant of the corporation, whether on
account of death, departure on leave, return from leave, temporary employment
elsewhere, resumption of duties, new appointment or other cause whatsoever, and
notwithstanding the nature of the property or rights, all property and rights
whatsoever, transferred to the corporation or to any occupant of the corporation as
such, in any manner whatsoever, shall vest or remain vested in the corporation so
as to be capable of being dealt with by the occupant of the corporation for the time
being and shall not vest in any occupant in his natural capacity.

5. Evidence as to the identity of the
occupant of the corporation

If any question arises as to who is or was at any time the occupant of the
corporation for the time being, a certificate under the hand of the Chief Secretary
shall be conclusive evidence for all purposes whatsoever as to the person who is or
was the occupant.

(AmendedL.N. 226 of 1976)

6. Execution of documents

All deeds and other instruments requiring the seal of the corporation shall be
sealed in the presence of the occupant of the corporation for the time being, and
such deeds and instruments, and all other documents, instruments and writings
requiring the signature of the corporation, shall be signed by such occupant.

7. Vesting of property

The corporation will continue to hold the pieces or parcels of ground which
were vested in it on 10 April 1928, except such of the same as have been or may at
any time be disposed of under section 3(2), together with all rights, easements and
appurtenances belonging or appertaining thereto, or therewith usually held,
occupied and enjoyed





(a)in the case of premises held under Crown lease, for the term granted
thereby and subject to the payment of the rent and the performance
of the covenants and conditions reserved thereby and contained
therein; and

(b)in the case of there being no Crown lease, for the term and subject to
the payment of the rent and performance of the covenants and
conditions to be implied in all the circumstances of the case,

and in every case whatsoever subject to the trusts on which the respective pieces
or parcels of ground were held immediately before 10 April 1928.

(Replaced 24 of 1950 Schedule. Amended 13 of 1966 Schedule)

8. Power to accept other trusts, to invest
and deposit trust funds

(1) For the avoidance of doubt, it is hereby declared that it shall be lawful
for the corporation to accept trusts other than those mentioned in section 7 if
the corporation first obtains the approval of the Governor. (Added 4 of 1955
s.3)
(2) It is also hereby declared that-

(a)the corporation may invest, in accordance with the provisions of the
Trustee Ordinance (Cap. 29), such trust funds in the hands of the
corporation whether at the time in a state of investment or not; and

(b)notwithstanding such provisions, the corporation shall also have
power and shall be deemed always to have had power, in cases where
the occupant of the corporation for the time being considers it
impracticable for any reason whatsoever for such trust funds to be so
invested, to deposit such trust funds in the Hong Kong Savings Bank
or such other savings bank as the Governor may approve generally or
in any particular case.

(Added 15 of 1958 s. 2)
(Amended 15 of 1958 s. 2)

9. Saying

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.

10. Accounts, audit and annual report

(1) The corporation shall keep accounts and records of all transactions in
respect of any trust funds it administers.





(2) The Director of Accounting Services may give such directions in writing to
the corporation as he thinks fit with respect to the keeping of accounts and records
referred to in subsection (1) and the corporation shall comply with any such
direction.

(3) The corporation shall prepare in relation to the trust funds it administers a
statement of accounts of the funds for each period of 12 months ending on 31
March in any year, in such form as the Director of Accounting Services may require
in writing.

(4) A statement of accounts required by subsection (3) shall be signed by the
person for the time being performing the duties of the office of the Secretary for
Home Affairs and shall, unless the accounts of the trust funds the corporation
administers have been audited by an independent accountant under section 24(4) of
the Trustee Ordinance (Cap. 29), be submitted by the corporation to the Director of
Audit not later than 30 September following the end of the period to which it relates,
or such later date as the Governor may allow. (AmendedL.N. 262 of 1989)

(5) Where the statement of accounts is submitted to the Director of Audit
under subsection (4), such statement of accounts and the accounts of the funds
referred to in subsection (1) shall be audited by the Director of Audit, who shall
certify the statement of accounts together with such report, if any, as he may think
fit and submit the audited statement of accounts and the report thereon, if any, to
the corporation.

(6) A copy of the corporation's audited statement of accounts, together with
the Director of Audit's report, if any, and a report, if any, by the corporation on the
administration of the fund during the period covered by the audited statement of
accounts shall be laid upon the table of the Legislative Council not later than 3
months after the audited statement of accounts and the report thereon, if any, are
received by the corporation from the Director of Audit.

(Added 19 of 1989 s. 2)

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3517

Edition

1964

Volume

v26

Subsequent Cap No.

1044

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:36:23 +0800
<![CDATA[SALESIAN SOCIETY INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3516

Title

SALESIAN SOCIETY INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

SALESIAN SOCIETY INCORPORATION ORDINANCE

CHAPTER 1043





CHAPTER 1043.

SALESIAN SOCIETY INCORPORATION.

To provide for the incorporation of the Procurator in Hong Kong of
the Salesian Society.

[2nd April. 1931.]

1. This Ordinance may be cited as the Salesian Society
Incorporation Ordinance.

2. The Procurator for the time being in the Colony of Hong Kong
of the Salesian Society shall be a corporation 'sole, hereinafter called the
corporation, and shall have the name of 'The Procurator in Hong Kong
of the Salesian Society', and in that name shall have perpetual
succession and shall and may sue and be. sued in all courts in the
Colony and.shall-and may have and use a common seal.

3. (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. company or person. and also to purchise, acquire and
possess vessels and other 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, or vessels or other goods and chattels.
which are for the time being vested in or belonging to the corporation,
upon such terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever transferred to the
corporation in any manner whatsoever shall in the event of the death of
the Procurator for the time being in Hong Kong of the Salesian Society,
or in the event of his ceasing to hold office as such Procurator, pass to
his successor in such office when appointed.

5. (1) Whenever any person is appointed to the office of Procurator
in Hong Kong of the Salesian Society such person shall within three
weeks after his appointment or within such further time as may be
allowed by the Governor furnish to the Governor satisfactory evidence
of his appointment.





(2) A notification in the Gazette under the hand of the Colonial
Secretary that such evidence has been furnished to the Governor by
such person shall be conclusive evidence of such appointment.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

6. All deeds and other instruments requiring the seal of the
corporation shall be scaled in the presence of the said Procurator or his
attorney. and shall be signed by him or his attorney, and such signing
shall be taken as sufficient evidence of the due sealing of such deeds
and other instruments, and all deeds. instruments and other documents
and writings requiring the signature of the corporation shall be signed
by such Procurator or his attorney.

7. 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 9 of 1931. (Cap. 309 1950.) 33 of 1939. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Abstract

Originally 9 of 1931. (Cap. 309 1950.) 33 of 1939. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3516

Edition

1964

Volume

v26

Subsequent Cap No.

1043

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:22 +0800
<![CDATA[SAILORS HOME AND MISSIONS TO SEAMEN REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3515

Title

SAILORS HOME AND MISSIONS TO SEAMEN REGULATIONS

Description






SAILORS HOME AND MISSIONS TO SEAMEN REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation... ... ... ... ... ... ... ... ... ... ... ... ... A 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A2

MANAGEMENT

3. Control and management of institute, etc . ... ... ... ... ... ... ... A2

4. Time for holding general meetings, and business to be transacted thereat ... A2

5. Requisition to convene special meeting .... ... ... ... ... ... ... ... A2

6. Power of chairman of the committee to convene meetings; chairman and

quorum thereof ........................... ... ... ... ... ... ... A2
7. Record of meetings ....................... ... ... ... ... ... ... ... A3
8. Method of voting ...................... ... ... ... ... ... ... ... A3

9. Appointment and duties of business manager ... ... ... ... ... ... A3

10.................................Use of institute; and powers of chaplain and business manager ... ... ... A3

11..............Duties of chaplain ........... ... ... ... ... ... ... ... ... ... ... A3

12.........................Prohibition against serving in committee ... ... ... ... ... ... ... A3

13.............................Power of appointment and dismissal of chaplain, etc . ... ... ... ... ... A3

14....................Sale and consumption of liquors ... ... ... ... ... ... ... ... ... A4

RELIGIOUS SERVICES

15...........Use of chapel ................... ... ... ... ... ... ... ... ... ... A4

16......................Service and attendance to be voluntary ... ... ... ... ... ... ... ... A4

17.................................Appointment of chartered accountants and honorary secretary ... ... ... A4

AUDITORS

18................Appointment of auditors .... ... ... ... ... ... ... ... ... ... ... A4

19..............Duties as auditors ........... ... ... ... ... ... ... ... ... ... ... A4

BANKERS

20................Appointment of bankers ..... ... ... ... ... ... ... ... ... ... ... A4

21. Duty to pay moneys into bank account ..... ... ... ... ... ... ... ... A5

22. Payment of capital moneys and the use thereof ... ... ... ... ... ... ...A5

23. Method of drawing and signing cheques .... ... ... ... ... ... ... A5

INVESTMENTS

24. Investment of endowment fund ............ ... ... .. . ... ... ... ...
A5






SAILORS HOME AND MISSIONS TO SEAMEN
REGULATIONS

(Cap. 1042, section 6)

[4 December 1959.]

1. These regulations may be cited as the Sailors Home and
Missions to Seamen Regulations.

2. In these regulations, unless the context otherwise
requires-

'committee' means the committee incorporated under the Ordin-
ance as 'The Sailors Home and Missions to Seamen';

'institute' means the premises used by the corporation in connexion
with its work.

MANAGEMENT

3. The supreme control and management of the institute and
of the premises and property of whatever description of the corpora-
tion shall be vested in the committee.

4. (1) General meetings of the committee shall be held in the
month of February and from time to time in each year on such day
and at such hour as the committee shall direct.

(2) The general meeting to be held in the month of February in
each year shall be called the annual general meeting and at such
meeting a report of all the affairs of the corporation and an account
of the receipts, expenditure and property of the corporation together
with a statement of accounts for the preceding year shall be
presented and there shall be elected a chairman, an honorary
secretary, chartered accountants and auditors for the ensuring year.
At such annual general meeting such other business shall be trans-
acted as may be necessary.

5. Special meetings of the committee may be convened at any
time on the requisition of not less than 4 members thereof by a
notice specifying the object of, the meeting and -at any special
meeting convened on such requisition no business shall be trans-
acted other than that specified in the requisition.

6. (1) General or special meetings of the committee shall be
convened (subject to regulation 5) by direction of the chairman of
the committee, and 7 days' notice in writing thereof shall be given by
the honorary secretary to the members of the committee then within
the Colony.





(2) At every general or special meeting of the committee the chair
shall be taken by a chairman to be nominated by the members of the
committee present of whom 4 shall be a quorum.

7. The honorary secretary shall keep a minute book of such
meetings, and proper entries shall be made therein of all business
transacted at every meeting.

8. The voting at general or special meetings of the committee shall
be decided by a show of hands.

9. (1) There shall be a business manager who shall be appointed by
the committee for such period on such salary and on such terms as the
committee may in their discretion think desirable and the salary shall be
paid out of the funds of the corporation.

(2) Subject to the control of the committee and the chaplain, the
business manager shall be entrusted with the upkeep and repair of the
buildings, furniture and fittings of the institute, the management of all
catering and messing arrangements and the office staff.

10. (1) Subject to the provisions of paragraph (2), the institute shall
be open to all men of Her Majesty's Navy and to officers and men of the
Mercantile Marine irrespective of their religion or nationality.

(2) Either the chaplain or the business manager shall have power to
refuse to admit to and also power to expel from the premises of the
institute any person whatever for any reason which such chaplain or
business manager may decide to be sufficient.

(3) Any person aggrieved by any such decision of the chaplain or
of the business manager may refer the matter to the committee for its
decision which shall be final.

11. The chaplain shall be in sole charge of the religious activities of
the institute and shall care for and attend to all social arrangements and
functions and to the visitation of ships and hospitals and he shall also
be in charge of the launch 'Dayspring' and of her crew and of any
other launch from time to time owned or chartered by the corporation for
its purposes.

12. Neither the chaplain nor the business manager shall be entitled
to serve as a member of the committee or to vote at any meetings
thereof but they may attend such meetings if the committee desires.

13. . The appointment or dismissal of the chaplain, assistant
chaplains and readers or any of them, shall be made by The Missions to
Seamen in London, such appointment or dismissal being subject to the
approval of the Bishop of the Diocese and made after consultation with
the committee.





14. Alcoholic liquors may be sold and consumed on the premises
of the institute, subject to such conditions and restrictions as the
committee may from time to time impose.

RELIGIOUS SERVICES

15. The chapel in the institute shall be used for divine service and
worship according to the rites and ceremonies of the Church of England
or for such services of any other Church as the chaplain or any person
acting in his place may approve.

16. Divine service and worship shall be voluntary and the
attendance thereat of any person using the institute shall also be
voluntary.

17. (1) At the annual general meeting the committee shall appoint

(a)a firm of chartered accountants to manage the financial affairs
of the institute and to be responsible for the collection of all
moneys due to the corporation and for the making of all
necessary payments; and

(b) an honorary secretary who shall-

(i) hold office until a successor is appointed; and

(11) perform such duties as may be delegated to him by the
committee.

(2) Pending and subject to any appointment under paragraph (1)
(a), the firm of Messrs. Lowe, Bingham & Matthews shall be the
chartered accountants of the corporation.

AUDITORS

18. At the annual general meeting there shall be elected annually
one or more auditors of the corporation.

19. (1) The auditor shall-

(a)examine and report upon all accounts and books of the
corporation; and

(b)if and when required by the committee, audit and report upon
any of such accounts and books.

(2) The accounts and books of the corporation shall be open for
inspection by the auditor at all reasonable times.

BANKERS

20. The bankers of the corporation shall be The Hongkong and
Shanghai Banking Corporation or such other bankers as the committee
may from time to time determine.





21. All subscriptions and pecuniary donations and the income of
investments and all other moneys from time to time forming part of the
general funds of the corporation shall on receipt thereof be .paid to the
credit of the corporation with its bankers.

22. All capital moneys shall be paid into a separate account with
the bankers of the corporation and shall be expended first on the cost of
building the institute and as to the balance towards forming an
endowment fund which shall be invested and controlled

by the committee and used in any way it thinks fit for the benefit of

the institute.

23. Cheques shall be drawn on the order of the committee and shall
be signed by the chartered accountants and counter-signed by 2
members of the committee.


24. All moneys standing to the credit of the endowment fund
shall be invested by the cormmittee in the corporate name of the
corporation or in the names of its nominees in the investments
authorized in the Ordinance and any such investments may be sold
and the proceeds thereof invested in other such investments as and
when the committee may direct.

G.N.A. 89/59. L.N. 66/70. L.N. 81/70. Citation. Interpretation. Control and management of institute, etc. Time for holding general meetings, and business to be transacted thereat. Requisition to convene special meeting. Power of chairman of the committee to convene meetings; chairman and quorum thereof. Record of meetings. Method of voting. Appointment and duties of business manager. Use of institute; and powers of chaplain and business manager. Duties of chaplain. Prohibition against serving in committee. Power of appointment and dismissal of chaplain, etc. Sale and consumption of liquors. Use of chapel. L.N. 66/70. Service and attendance to be voluntary. Appointment of chartered accountants and honorary secretary. Appointment of auditors. Duties as auditors. Appointment of bankers. Duty to pay moneys into bank account. Payment of capital moneys and the use thereof. Method of drawing and signing cheques. Investment of endowment fund.

Abstract

G.N.A. 89/59. L.N. 66/70. L.N. 81/70. Citation. Interpretation. Control and management of institute, etc. Time for holding general meetings, and business to be transacted thereat. Requisition to convene special meeting. Power of chairman of the committee to convene meetings; chairman and quorum thereof. Record of meetings. Method of voting. Appointment and duties of business manager. Use of institute; and powers of chaplain and business manager. Duties of chaplain. Prohibition against serving in committee. Power of appointment and dismissal of chaplain, etc. Sale and consumption of liquors. Use of chapel. L.N. 66/70. Service and attendance to be voluntary. Appointment of chartered accountants and honorary secretary. Appointment of auditors. Duties as auditors. Appointment of bankers. Duty to pay moneys into bank account. Payment of capital moneys and the use thereof. Method of drawing and signing cheques. Investment of endowment fund.

Identifier

https://oelawhk.lib.hku.hk/items/show/3515

Edition

1964

Volume

v26

Subsequent Cap No.

1042

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:36:22 +0800
<![CDATA[SAILORS HOME AND MISSIONS TO SEAMEN INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3514

Title

SAILORS HOME AND MISSIONS TO SEAMEN INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

SAILORS HOME AND MISSIONS TO SEAMEN

INCORPORATION ORDINANCE

CHAPTER 1042





CHAPTER 1042

SAILORS HOME AND MISSIONS TO SEAMEN
INCORPORATION

To provide for the incorporation of the Sailors Home and Missions to Seamen.

[8 August 1930]

Originally 8 of 1930 (Cap. 308 R. Ed. 1950) 33 of 1939, R. Ed. 1964, 39 of
1989

1. Short title

This Ordinance may be cited as the Sailors Home and Missions to Seamen
Incorporation Ordinance.

2. Incorporation

(1) The committee for the time being of the Sailors Home and Missions to
Seamen shall be a body corporate, hereinafter called the corporation, and shall have
the corporate name, 'The Sailors Home and Missions to Seamen', and in that name
shall have perpetual succession and shall and may sue and be sued in all courts in
Hong Kong and shall and may have and use a common seal. (Amended 33 of 1939;
G.N. 840 of 1940 Supp. Schedule; 39 of 1989 s. 4)

(2) The committee shall be composed of the following---

(a)the Bishop of the Church of England known as the Bishop of
Victoria, for the time being officiating in Hong Kong; (Amended 39 of
1989 s. 4)

(b)the person for the time being performing the duties of Director of
Marine;

(e)the person for the time being in charge of the business of Jardine,
Matheson & Company Limited, in Hong Kong;

(d)2 persons who shall be nominated by The Hong Kong General
Chamber of Commerce with power to such Chamber to fill up any
vacancy occurring in any of such nominees from time to time;

(e)2 persons nominated by The Missions to Seamen in London with
power to the same body to fill up any vacancy occurring in any of
such nominees from time to time;

a representative of Her Majesty's Navy appointed by the aforesaid
members of the committee;

(g)such other persons, one of whom must be the honorary treasurer of
the corporation, not exceeding at any one time 4 in number as may
from time to time be co-opted by the other members of the committee
with power to the committee to fill up any vacancy





occurring from time to time in the co-opted members.

(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)

(3) The committee shall have such powers and duties and shall hold such
meetings as are specified in this Ordinance and in the regulations made thereunder.
(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)

3. Appointment of members of committee

(1) For the purposes of the nomination mentioned in section 2(2)(d) and (e) a
copy of a minute purporting to be a copy of a minute of the committee of The Hong
Kong General Chamber of Commerce and a copy of a minute purporting to be a copy
of a minute of the committee of The Missions to Seamen in London respectively
that a person has been nominated a member of the committee shall be sufficient.
(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)

(2) The certificate of the Chief Secretary that any person was at the date of the
certificate or had been at some previous specified date a member of the committee
shall for all purposes be conclusive evidence of that fact. (Amended 39 of 1989 s. 5)

4. Objects of corporation

(1) The corporation shall carry on the work and objects heretofore carried on
both by the trustees of the Sailors Home and by The Missions to Seamen in Hong
Kong, which, as regards the trustees of the Sailors Home, are the care of officers
and men of the Mercantile Marine irrespective of their religion and also the
provision of a suitable institute or home for the seafaring classes and officers and
men aforesaid, and as regards The Missions to Seamen in Hong Kong are the
provision of an institute for and the spiritual welfare of the seafaring classes and in
pursuance of such work and objects the use of every means consistent with the
principles and accepted practice of the Church of England; and the corporation shall
continue to carry on such work and objects.

(2) The corporation shall promote the spiritual moral and physical well-being
of seafarers and their families at home and overseas and in pursuance of such
object the corporation may use any means consistent with the principles and
accepted practice of the Church of England or within a Province of the Anglican
Communion, the principles and received practice of that Province.

(Replaced 39 of 1989 s. 2)

4A. Powers of corporation

(1) The corporation shall have power to acquire, accept and grant leases of,
take, hold and enjoy any lands, buildings, messuages or tenements of what kind or
nature 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 and other goods and chattels of whatsoever kind or nature.
(2) The corporation shall further have power by deed under its seal to
grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage,
pledge, demise, reassign, transfer or otherwise dispose of whether for valuable
consideration or by way of gift or donation or otherwise any lands, buildings,
messuages, tenements, mortgages, debentures, funds, moneys, stocks, shares or
securities, or other goods and chattels, which are for the time being vested in or
belonging to the corporation, and may use and disburse the funds income
principal and other moneys belonging to the corporation in pursuance of the
objects of the corporation in such manner and upon such terms as the
corporation may think fit.
(Added 39 of 1989 s. 3)

5. Execution of documents
All deeds and other instruments requiring the seal of the corporation shall
be sealed in the presence of 3 members of the committee and shall be signed by
3 members.

6. Power to make regulations
The corporation may, subject to the approval of the Governor in Council,
by a resolution passed by the majority of the committee, by regulation provide,
from time to time as may in its discretion seem desirable, for the administration
of the corporation and the management of the premises and property of
whatever description thereof, with the exception that regulation 11 and that
part of regulation 13 which relates to the chaplain shall not in any way be
altered except with the consent of The Missions to Seamen in London.

7. Nothing herein to affect the Chater Missions to Seamen
Endowment Fund save as herein provided
Nothing in this Ordinance shall affect or be deemed to affect the Chater
Missions to Seamen Endowment Fund save that the corporation shall be
substituted for the Missions to Seamen in Hong Kong mentioned in clause 4 of
the deed of trust dated 4 May 1923.

8. Saving
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.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3514

Edition

1964

Volume

v26

Subsequent Cap No.

1042

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:36:21 +0800
<![CDATA[PONTIFICAL FOREIGN MISSIONS INSTITUTE INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3513

Title

PONTIFICAL FOREIGN MISSIONS INSTITUTE INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

PONTIFICAL FOREIGN MISSIONS INSTITUTE

INCORPORATION ORDINANCE

CHAPTER 1041





CHAPTER 1041.

PONTIFICAL FOREIGN MISSIONS INSTITUTE
INCORPORATION.

To provide for the incorporation of the Procurator in Hong Kong of
the Pontifical Foreign Missions Institute.

[1st September. 1933.]

1. This Ordinance may be cited as the Pontifical Foreign Missions
Institute Incorporation Ordinance.

2. The Procurator for the time being in the Colony of Hong Kong of
the Pontifical Foreign Missions Institute shall be a corporation sole.
hereinafter called the corporation. and shall have the name of 'The
Procurator in Hong Kong of the Pontifical Foreign Missions
Institute% and in that name shall have perpetual succession and shall
and may sue and be sued in all courts in the Colony and shall and may
have and use a common seal.

3. (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, company or person. and also to purchase, acquire and
possess vessels and other 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. deben-
tures, stocks, funds. shares or securities. or vessels or other goods
and c chattels which are for the time being vested in or belonging
to the corporation, upon such terms as to the corporation may
seem fit.

4. The legal estate in any property whatsoever transferred to the
corporation in any manner whatsoever shall, in the event of the death of
the Procurator for the time being in Hong Kong of the Pontifical Foreign
Missions Institute, or in the event of his ceasing to hold office as such
Procurator. pass to his successor in such office when appointed.

5. (1) When any person is appointed to the office of Procurator in
Hong Kong of the Pontifical Foreign Missions Institute such person
shall within three weeks after his appointment or





within such further time as may be allowed by the Governor furnish to
the Governor satisfactory evidence of his appointment.

(2) A notification in the Gazette under the hand of the Colonial
Secretary that such evidence has been furnished to the Governor by
such person shall be conclusive evidence of such appointment.

6. All deeds and other instruments requiring the seal of the
corporation shall be sealed in the presence of the said Procurator or his
attorney and shall be signed by him or his attorney, and such signing
shall be taken as sufficient evidence of the due sealing of such deeds
and other instruments and all deeds. instruments and other documents
and writings requiring the signature of the corporation shall be signed
by such Procurator or his attorney.

7. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Suc- cessors, 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 18 of 1933. (Cap. 307, 1950.) Short title. Incorporation. Power of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Abstract

Originally 18 of 1933. (Cap. 307, 1950.) Short title. Incorporation. Power of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3513

Edition

1964

Volume

v26

Subsequent Cap No.

1041

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:20 +0800
<![CDATA[PO LEUNG KUK ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3512

Title

PO LEUNG KUK ORDINANCE

Description






LAWS OF HONG KONG

PO LEUNG KUK ORDINANCE

CHAPTER 1040





CHAPTER 1040

PO LEUNG KUK

To repeal and replace the Po Leung Kuk Incorporation Ordinance.

[14 December 1971]

1. This Ordinance may be cited as the Po Leung Kuk
Ordinance.

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

'advisory board' means the board established by virtue of
paragraph 18 of the Schedule;

'annual general meeting' means the annual general meeting of the
corporation;

'board' means the board of directors established by paragraph 5 of
the Schedule;

'chairman' means the chairman of the board;

'child' means any person who has not attained the age of 21 years;

'corporation' means the Society continuing to exist by virtue of
section 3;

'director' means a director of the board;

'ordinary general meeting' means an ordinary general meeting of
the corporation;

'ordinary member' means an ordinary member of the corporation;

'repealed Ordinance' means the repealed Po Leung Kuk Incor-
poration Ordinance;

'secretary' means the secretary of the corporation;

'voting member' means a voting member of the corporation;

'year' means the period commencing on 1 April in any year and
ending on 31 March in the following year.

3. (1) The Society incorporated by virtue of the repealed
Ordinance shall continue to exist.
(2) The corporation-

(a)shall be known as the Po Leung Kuk and in that name may
sue and be sued;

(b) shall continue to have perpetual succession; and





(c)may do and suffer all such other acts and things as bodies
corporate may lawfully do and suffer.

4. The provisions of the Schedule shall have effect with
respect to-

(a) the objects and powers of the corporation;

(b) the membership of the corporation;

(c) the board;

(d) the advisory board;

(e) meetings and procedure,

and otherwise in relation to the corporation.

5. (1) All the immovable property vested in the Society at
the commencement of this Ordinance shall continue to be vested in
the corporation for the residue of the term of years created by the
respective Crown leases, subject to the covenants, conditions, stipula-
tions, exceptions, reservations, provisos and powers contained in
and reserved by the said Crown leases.

(2) Any other property, interest, right and privilege vested in
the Society at the commencement of this Ordinance shall continue to
be vested in the corporation on the terms and conditions, if any, on
which the same was vested at that date, and the corporation shall
continue to be subject to the obligations and liabilities to which the
Society was subject at the commencement of this Ordinance.

6. The board may exercise any of the powers of the corpora-
tion which are not required by this Ordinance to be exercised by the
corporation in general meeting.

7. (1) The board shall cause to be kept proper books of
account of all transactions of the corporation.

(2) Such books of account shall be open at all reasonable times
to the inspection of any director and of any person appointed by the
Governor in that behalf.

(3) A chairman shall within 6 months after the expiration of
his term of office send to the Chief Secretary a statement of the
accounts of the corporation which shall-

(a)be signed by 2 persons who were directors during the year
to which the statement relates;

(b) be audited in accordance with subsection (4); and

(c) contain the following particulars-
(i) an account of the assets and liabilities of the corpora-
tion at the end of the previous year;
(ii) an account of the receipts and disbursements of the
corporation during the previous year; and





(iii) a report on the administration of the corporation during
the previous year.

(4) The accounts of the corporation and the signed statement of
the accounts shall be audited by an auditor who is a professional
accountant holding a practising certificate as provided in the
Professional Accountants Ordinance and appointed by the corporation.
The auditor shall certify the statement of the accounts subject to such
report, if any, as he thinks fit.

(5) A copy of the signed and audited statement of the accounts
and the auditor's report, if any, shall within 6 months after the end of
the year be sent to each

(a) director;

(b) person who was a director during that year;

(c) member of the advisory board; and

(d) voting member.

8. Every director shall be indemnified by the corporation against
liability for any acts of the corporation.

9. (1) The Schedule may be amended by resolution of the board
with the prior approval of the advisory board.

(2) Any such resolution shall be published in the Gazette and
shall, unless otherwise provided, come into operation on the day of
such publication.

10. 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 [ss. 2, 4 and 9.]

1 . The objects of the corporation shall be

(a)to provide and maintain a temporary home for women and children who,
in the opinion of the board, are in need of care and protection until proper
provision is made for their marriage, adoption or settlement in life or
otherwise for their welfare;

(b)to provide accommodation as a place of refuge for the purposes of the
Protection of Women and Juveniles Ordinance for women and children,
and where appropriate to provide care for such persons;

(c)to provide vocational training and education in suitable cases for women
and children who are in the care of the corporation and for such other
children as the board thinks fit;

(d) to establish, maintain and manage homes and nurseries;

(e)to establish, maintain and manage schools and other educational
institutions in Hong Kong;





(f)to establish and support, and to aid in the establishment and support of,
any other charitable organizations formed for all or any of the objects of
the corporation;

(g) to provide all kinds of social services for the Hong Kong community.

2. Without prejudice to any other Ordinance, the corporation shall have the
following powers

(a)to acquire, take on lease, purchase, hold and enjoy any property and
invest moneys upon mortgage of any immovable property or upon the
mortgages, debentures, stocks, funds, shares or investments specified in
the Second Schedule of the Trustee Ordinance;

(b)with the approval of the Governor, to grant, sell, convey, assign,
surrender, exchange, partition, yield up, mortgage, transfer or otherwise
dispose of any immovable property;

(c) to let for any period not exceeding 3 years any immovable property;

(d)with the consent of the advisory board, to let for any period exceeding 3
years any immovable property, or to sell, convey, assign, surrender,
exchange, partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any debentures, stocks, shares, investments, vessels
or other goods or chattels vested in the corporation;

(e)to develop and turn to account any immovable property acquired by the
corporation or in which the corporation is interested, in particular by
laying out and preparing the same for building purposes, constructing,
altering, pulling down, decorating, maintaining, furnishing, fitting up and
improving buildings and by planting, laying drainage, letting on building
leases or entering into building agreements;

(f)to demolish, resite, rebuild, construct, develop and improve any property
acquired or purchased by the corporation or in which the corporation is
interested, and to apply to any tribunal or court or authority for any
order, licence, permission and exemption required therefor, and to do
such other things as the corporation may think fit in order to carry out
its objects;

(g)to accept any gift of property, whether subject to any special trust or
not, for the benefit of the corporation;

(h)to take such steps by personal or written appeals, public meetings or
otherwise as may be deemed expedient for the purpose of procuring
contributions to the funds of the corporation, in the form of donations,
annual subscriptions, or otherwise;

(i)to print and publish any newspapers, periodicals, books or leaflets that
the corporation may think desirable for the promotion of its objects;

(j)with the consent of the advisory board, to borrow or otherwise raise
money on such security as may be necessary and, for that purpose, to
charge all or any part of the properly of the corporation;

(k)to undertake and execute any trusts or any agency business which may
seem directly or indirectly conducive to any of the objects of the
corporation;

(l)to subscribe to any local or other charities and to grant donations for any
public purpose and to pay a gratuity, pension or allowance on retirement
to any servant or the dependants of any servant of the corporation and
to make contributions to any fund and pay premiums for the purchase or
provision of any such gratuity, pension or allowance;







(m)to purchase or otherwise acquire and undertake all or any part of the
property, liabilities and engagements of any company, institution,
society or association having objects altogether or in part similar to
those of the corporation;

(n)to appoint a secretary and such other officers and servants, subject to
such conditions as the corporation thinks fit;

(o)to do all such other lawful things as are incidental or conducive to the
attainment of the above objects;





(p)subject to the provisions of sub-paragraphs (b), (d) and (j) with regard to
approval or consent, to enter into any contract with the Government or
any other person.

3. (1) The corporation shall have and may use a common seal, the affixing of
which shall be authenticated by the signatures of the chairman and a director.

(2) 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.

4. (1) Membership of the corporation shall consist of ordinary members and
voting members.

(2) The following persons, firms and societies shall be ordinary members of
the corporation

(a)any persons who, or firms or societies which, at the commencement of
this Ordinance are members of the Society by virtue of section 13(1) of
the repealed Ordinance;

(b)any person who, or firm or society which, subscribes to the funds of the
corporation such sum as may be specified by the board from time to time
and approved by the Secretary for District Administration and whose name
is entered with the consent of the board in the register of members to be
kept

by the corporation. (Amended, L.N. 67/85)

(3) The following persons, firms or societies shall be voting members of the
corporation

(a)any person who has been chairman of the board of the corporation,
including any person who has been chairman of the committee elected
under the repealed Ordinance prior to the 1 April 1973; (Amended, L.N.
150/74)

(b)members of the board shall ex officio be voting members for so long as
they shall continue to be directors;

(e)members of the advisory board shall be voting members for so long as they
shall continue to be members thereof,

(d)in addition to the persons hereinbefore mentioned the advisory board shall
from time to time select not more than 100 voting members from
amongst the ordinary members of the corporation, and such voting
members shall hold office for a period of 3 years from the date of their
selection:

Provided that any person so selected shall cease to be a voting
member if he shall be convicted of an offence punishable with
imprisonment for a period exceeding 12, months or shall be adjudged
bankrupt or made a composition or arrangement with his creditors or
become of unsound mind.

(4) Voting members shall have the right to receive notice of all general
meetings and to attend the same to vote thereat as hereinafter provided.

(5) Any member may at any time resign from the corporation by giving to
the corporation not less than 1 month's notice in writing.

5. (1) There shall be a board of the corporation consisting of not less than 11
nor more than 20 directors.







(2) The persons who are members of the elected committee of the Society at
the commencement of this Ordinance shall constitute the board until 1 April
1974.

6. (1) The directors shall be elected by secret ballot at the annual general
meeting.

(2) Every candidate for the post of director shall be a person considered by
the advisory board to be held in high esteem by Chinese in Hong Kong.

(3) Prior to the annual general meeting, the chairman shall give not less than
21 days' prior notice in writing to all voting members inviting them to nominate
persons to be directors and to submit the names of the proposed nominees for the
consideration of the advisory board.





(4) A nomination of any person to be a director shall be delivered to the
secretary not less than 14 days prior to the annual general meeting.

(5) Persons so nominated, if approved by the advisory board, shall be
candidates for the post of director if proposed and seconded as such at the annual
general meeting.

7, (1) The directors shall subject to sub-paragraph (2) hold office for a period
of 1 year commencing on 1 April or if they are elected after that date until 1
April next following their election.

(2) If the election of directors for the ensuing year has not been completed
on or before 31 March the directors in office on that day shall continue to hold
office until the election of their immediate successors.

8. (1) If any director dies, resigns or becomes incapable of further acting, the
remaining directors or a majority of them shall have power to elect any person
qualified under paragraph 6(2) to fill the vacancy for the remainder of the term of
office of such director.

(2) If it is found impracticable for the remaining directors so to do or if the
remaining directors fail to exercise their power so to do, the Governor may
appoint a temporary director to act until the next annual general meeting.

9. Directors shall be eligible for re-election.

10. If any director shall not be re-elected, such person shall during the next
succeeding year be known as 'Hip Li' and shall be entitled to attend all meetings
of the board in such subsequent year and to take part in discussions but not to vote
at such meetings.

11. As soon as possible after the election of the directors for any particular
year, the directors shall elect a chairman from amongst them, and the person so
elected shall be a director who has held office as vice-chairman for not less than 1
year immediately preceding that year unless no such director is available.

12. (1) Immediately after the election of the chairman, the directors shall
elect from amongst themselves not less than 3 and not more than 5 vice-
chairmen who in the order of their election, shall be the first vice-chairman, the
second vice-chairman, the third vice-chairman, the fourth vice-chairman, if any,
and the fifth vice-chairman, if any, respectively.

(2) No person who has not been

(a) a director in any one of the previous years; or

(b) a member of the elected committee prior to 1 April 1973 under the
repealed

Ordinance,

shall be eligible for election as a vice-chairman unless no past director or member
of the elected committee is available for election.

(Replaced, L.N.
144/75)

13. (1) The retiring chairman, or the person entitled to preside in his absence
at the annual general meeting, shall preside at the elections under paragraphs 11
and 12.

(2) In the event of 2 or more candidates for election as chairman or
vicechairman being returned with an equality of Votes at any election, the
chairman of the meeting shall have a casting vote.







14. In the event of the death, resignation, incapacity or absence of the
chairman at any time, the first vice-chairman shall be the chairman, and the
second vicechairman, third vice-chairman, fourth vice-chairman and fifth vice-
chairman shall be the first vice-chairman, the second vice-chairman, third vice-
chairman and fourth vice-chairman respectively, until an election is held under
paragraph 15.





15. (1) In the event of-

(a)the death, resignation, incapacity or absence of the chairman or any vice-
chairman; or

(b) a vacancy otherwise arising in the office of chairman or any vice-
chairman,

the board may elect a director to be the chairman or such vice-chairman, as the
case may be, either temporarily or for the remainder of the term of office of the
chairman or such vice-chairman.

(2) A member of the advisory board shall preside at any such election.

16. The board shall, subject to the provisions of this Ordinance, have full
power and authority generally to govern the corporation and to direct and decide
all matters whatsoever connected with the administration of the affairs of the
corporation and the accomplishment of the objects thereof, and under such
regulations as may from time to time be made by the board to supervise and
manage the homes, nurseries, schools and other institutions under the control of
the corporation.

17. (1) At any meeting of the board, one-third of the number of the directors
for the time being, or if their number is not a multiple of 3 then the number
nearest one-third, shall form a quorum.

(2) Every question at any meeting of the board shall be decided by a majority
of votes of the directors present, and in case of an equality of votes the chairman
of the meeting shall have a casting vote.

18. (1) There shall be an advisory board whose duty shall be to advise the
directors on any matter affecting the corporation or its administration.

(2) The advisory board shall consist of not more than 15 persons of whorn
the following shall be ex officio members

(a) the Secretary for District Administsration who shall be chairman; (Amended,
L.N. 67/85)

(b) the Secretary for Health and Welfare; (Amended, L.N. 18/83)

(e) the Director of Social Welfare;

(d)1 person nominated by the Members of the Executive Council, other
than ex officio Members or Official Members, from among their own
number; (Replaced, 67 of 1987, s. 2)

(e)1 person nominated by the Members of the Legislative Council, other
than Official Members, from among their own number; (Replaced, 67 of
1987, s.2)

(f) the immediate past chairman of the board.

(3) The following persons shall also be members of the advisory board-

(a)not more than 8 persons appointed by the Governor, who shall hold
office for a period of not more than 3 years and shall be eligible for
reappointment;

(b)1 person elected by the board from the persons who in the year preceding
the year in respect of which he is elected were directors, who shall hold
office for a period of 1 year.

(4) The advice of the advisory board shall be given at a joint meeting of the
board and the advisory board, such joint meetings shall be called by the chairman







(a) when the chairman so requires;

(b) when the board desires the advice of the advisory board;

(c)whenever the advisory board gives the chairman notice in writing that it
desires to discuss with the board any specified matter affecting the
corporation or its administration.

(5) The chairman shall give the directors and the members of the advisory
board at least 4 clear days' notice in writing of any such joint meeting.

(6) At a joint meeting of the board and the advisory board the quorum shall
be-
(a)the same number of directors as would have been required to form a
quorurn if it were a meeting of the board; and





(b) 4 members of the advisory boar (Replaced, L.N. 253/74)

(7) The Secretary for District Administration shall be the chairman ofthe
joint meeting of the board and the advisory board. In his absence the Secretary for
Health and Welfare shall be the chairman, and in the absence of both the Secretary
for District Administration and the Secretary for Health and Welfare members
present at the meeting shall elect a chairman from amongst the members of the
advisory board present. (Amended, L.N. 18/83 and L.N. 67/85)

(8) The persons who are members of the Board of Direction of the Society at
the commencement of this Ordinance shall be members of the advisory board until
1 April 1974.

19. (1) At any meeting of the advisory board 4 of the members shall form a
quorum.

(2) Every question at any meeting of the advisory board shall be decided by a
majority of votes of the members present and in the case of an equality of votes
the chairman of the meeting shall have a casting vote.


(3) In the absence ofthe Secretary for District
Administration the Secretary for Health and Welfare shall be the
chairman, and in the absence of both the Secretary for District Administration and
the Secretary for Health and Welfare the members of the advisory board shall elect
a chairman from amongst their number present at the meeting. (Amended, L.N.
18/83 and L.N. 67/85)

20. (1) There shall bean annual general meeting ofthe voting members, to be
held before 31 March in each year at such place as the board may decide, and 14
days' notice of the meeting and of the time and place appointed for the same shall
be given by the secretary to the voting members.

(2) Such notice shall be deemed to have been properly given to a voting
member if sent by prepaid registered post to the last known address in Hong Kong
of such member.

(3) Notification ofthe date and time of such meeting shall also be published in
2 editions of a Chinese newspaper circulating in Hong Kong.

21. (1) At the annual general meeting the board shall submit a report, and the
signed and audited statement of the accounts, and a balance sheet made up to 31
March of the preceding year, which shall be considered and passed if thought fit.

(2) In addition to the election of directors in accordance with paragraph 6,
any matter of which not less than 7 days' notice shall have been given to the
board relating to the management of the corporation may be brought forward and
discussed.

22. (1) At the annual general meeting the chairman shall take the chair.

(2) If the chairman shall not be present, the first vice-chairman, the second
vice-chairman, the third vice-chairman, the fourth vice-chairman, or the fifth
vicechairman in order of seniority shall preside.

(3) In the absence of the chairman and vice-chairman, the voting members
present may elect one of their number to preside.

23. (1) An ordinary general meeting of the voting members shall be convened
at any time for such purposes as the board thinks fit.

(2) Notice of a meeting convened under sub-paragraph (1) shall be sent by the
secretary by prepaid post to each voting member, at his last known address in
Hong Kong, at least 14 days before the date of the meeting, and every such notice






shall specify the place, date and time of such meeting.

24. (1) The accidental omission to give notice of any meeting whatsoever to,
or the non-receipt of any notice of meeting by, any person entitled to receive
notice thereof shall not invalidate the proceedings at that meeting.

(2) A certificate in writing signed by the secretary and stating that a notice
was addressed to a person entitled to notice of a meeting at his last known address
in Hong Kong and posted by prepaid registered post or prepaid post, as the case
may be, shall be conclusive evidence of the facts contained therein.





25. (1) At any general meeting, 20 voting members shall form a quorum. If a
quorum is not present within half an hour from the time appointed for any general
meeting, the meeting shall stand adjourned to the same day in the following week
at the same time and place. If at such adjourned meeting a quorum is not present
the business may be transacted with such number of voting members as may be
present.

(2) The chairman of any general meeting may, with the consent of the
majority present at such meeting, adjourn the meeting from time to time and from
place to place. No business shall be transacted at any adjourned meeting other than
the business left unfinished at the meeting.

(3) At any general meeting a resolution put to the vote of meeting shall be
decided on a show of hands, and every voting member shall have 1 vote.

(4) Subject to this Ordinance, the board may regulate the procedure at any
general meeting subject to the approval of the advisory board, and (subject to such
approval) may validate any decision taken at any such meeting notwithstanding
any accidental non-compliance with the provisions of this Ordinance.

26. (1) The vote of a firm or society which is a voting member shall be by
proxy.

(2) The instrument appointing any proxy shall be in writing under the hand of
the person appointing the proxy or, in the case of a firm or society, under the
hand of a partner of the firm or an officer of the society.

(3) The instrument appointing any proxy shall be deposited with the board
before the time for holding the meeting or adjourned meeting at which the person
named in the instrument proposes to vote and in default the instrument of proxy
shall not be treated as valid.

27. (1) The board may make regulations in relation to or providing for the
maintenance, management, operation, regulation or supervision of any of the
homes, nurseries, schools or other institutions under the control of the
corporation.

(2) Notwithstanding anything contained in section 20 of the Interpretation
and General Clauses Ordinance it shall not be necessary to publish any such
regulations in the Gazette.
Originally 77 of 1973. L.N. 150/74. L.N. 253/74. L.N. 144/75. L.N. 18/83. L.N. 67/85. 67 of 1987. Short title. Interpretation. Schedule. (Cap. 1040, 1964 Ed.) Incorporation of the Po Leung Kuk. Matters relating to the corporation. Schedule. Vesting of property. Board may exercise powers of corporation. Accounts. (Cap. 50.) Director to be indemnified. Amendments and alterations. Schedule. Saving. Objects. (Cap. 213.) Powers. (Cap. 29.) Common seal. Membership. Establishment of board. Election of directors. Term of office of directors. Casual vacancies in board. Directors may be re-elected. Directors not re-elected. Election not chairman. Election of vice-chairman. Procedure at election of chairman and vice-chairmen. Causal vacancy in office of chairman. Election to fill casual vacancy in office of chairman or vice-chairman. Board to manage corporation. Quorum and procedure at board meetings. Advisory board. Procedure at meetings of advisory board. Annual general meeting. Business at an annual general meeting. Chairman to preside at annual general meeting. Ordinary general meetings. General provisions with respect to meetings. Procedure at general meetings. Proxies. Power to make regulations. (Cap. 1.)

Abstract

Originally 77 of 1973. L.N. 150/74. L.N. 253/74. L.N. 144/75. L.N. 18/83. L.N. 67/85. 67 of 1987. Short title. Interpretation. Schedule. (Cap. 1040, 1964 Ed.) Incorporation of the Po Leung Kuk. Matters relating to the corporation. Schedule. Vesting of property. Board may exercise powers of corporation. Accounts. (Cap. 50.) Director to be indemnified. Amendments and alterations. Schedule. Saving. Objects. (Cap. 213.) Powers. (Cap. 29.) Common seal. Membership. Establishment of board. Election of directors. Term of office of directors. Casual vacancies in board. Directors may be re-elected. Directors not re-elected. Election not chairman. Election of vice-chairman. Procedure at election of chairman and vice-chairmen. Causal vacancy in office of chairman. Election to fill casual vacancy in office of chairman or vice-chairman. Board to manage corporation. Quorum and procedure at board meetings. Advisory board. Procedure at meetings of advisory board. Annual general meeting. Business at an annual general meeting. Chairman to preside at annual general meeting. Ordinary general meetings. General provisions with respect to meetings. Procedure at general meetings. Proxies. Power to make regulations. (Cap. 1.)

Identifier

https://oelawhk.lib.hku.hk/items/show/3512

Edition

1964

Volume

v26

Subsequent Cap No.

1040

Number of Pages

10
]]>
Tue, 23 Aug 2011 18:36:19 +0800
<![CDATA[PETITES SOEURS DES PAUVRES, ST. PERN, BRETAGNE, INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3511

Title

PETITES SOEURS DES PAUVRES, ST. PERN, BRETAGNE, INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

0

PETITES SCEURS DES PAUVRES, ST. PERN, BRETAGNE,

INCORPORATION ORDINANCE

CHAPTER 1039





CHAPTER 1039.

PETITES SCEURS DES PAUVRES, ST. PERN,
BRETAGNE, INCORPORATION.

To provide for the incorporation of the Mother Superior in the Colony
of the Society of the Petites Soeurs des Pauvres, St. Pern,
Bretagne, commonly known as The Little Sisters of the Poor.

[22nd May, 1925.]

1. This Ordinance may be cited as the Petites Soeurs des Pauvres,
St. Pern. Bretagne, Incorporation Ordinance.

2. The Mother Superior for the time being in the Colony of the
Society of the Petites Soeurs des Pauvres, St. Pern, Bretagne. shall be a
corporation sole. hereinafter called the corporation, and shall have the
name of 'The Mother Superior of the Petites Soeurs des Pauvres, St.
Pern, Bretagne', and by that name shall and may sue and be sued in all
courts in the Colony and shall and may have and use a common seal.

3. (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 in the
Colony, and also to invest moneys uponmortgage 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
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, or other goods and chattels whatsoever, which are
for the time being vested in or belonging to the corporation, upon such
terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever, transferred to the
corporation in any manner whatsoever, shall, in the event of the death
of the Mother Superior for the time being or in the event of her ceasing
to hold office as such Mother Superior, pass to her successor. in such
office when appointed.

5. All deeds and other instruments requiring the seal of the
corporation shall be sealed in the presence of the person who is for the
time being Mother Superior in the Colony of the corporation or of her
attorney duly authorized and such deeds and





instruments and all other documents, instruments and writings requiring
the signature of the corporation shall be signed by such Mother
Superior or her attorney.

6. (1) Whenever any person is appointed to the office of Mother
Superior in the Colony of the corporation, such person shall, within
three weeks after her appointment or within such further time as may be
allowed by the Governor, furnish to the Governor satisfactory evidence
of her appointment.

(2) A notification in the Gazette under the hand of the Colonial,
Secretary that such evidence has been furnished to the Governor by
such person shall be conclusive evidence of such appointment.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

7. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Sucpessors, 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 1925. (Cap. 305, 1950.) 33 of 1939. Short title. Incorporation of the Mother Superior in Hong Kong of the Society of the Petites Saeurs des Pauvres, St. Pern, Bretagne. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Appointment of Mother Superior. Saving.

Abstract

Originally 6 of 1925. (Cap. 305, 1950.) 33 of 1939. Short title. Incorporation of the Mother Superior in Hong Kong of the Society of the Petites Saeurs des Pauvres, St. Pern, Bretagne. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Appointment of Mother Superior. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3511

Edition

1964

Volume

v26

Subsequent Cap No.

1039

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:18 +0800
<![CDATA[NORTH POINT WHARVES LIMITED BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/3510

Title

NORTH POINT WHARVES LIMITED BY-LAWS

Description






SUBSIDIARY LEGISLATION.

NORTH POINT WHARVES LIMITED BY-LAWS.

(Cap. 1038, section 3).

[15th July, 1949.]

(a) Every master or commanding officer of any vessel berthed
alongside any of the company's wharves shall shift his berth
on being requested to do so by an official of the company.

(b) On a typhoon signal being hoisted every master or com-
manding officer of any vessel berthed alongside any of
the company's wharves shall immediately raise steam or
otherwise prepare to sail and thereupon leave the wharf
on being requested to do so by an official of the company.

2. No person unless then in the employment of the company or
belonging to or having business with vessels alongside, shall enter or
be upon any of the company's premises without the licence of an
official of the company.

3. No merchandise, cargo, coal, wagon, carriage, cart, truck, ,crane
or other conveyance or machine shall be taken on to or removed from
any of the company's premises without the licence of an official of the
company.

4. No nuisance of any description shall be committed on or about
any of the company's premises.

5. No steamer, vessel, launch, lighter, boat, junk, sampan or other
craft of any description shall make fast to, or hold on to, or lay
alongside of or block the approaches to any of the company's wharves
without the licence of an official of the company.

6. No person shall use the boat steps of the company's wharves
for the landing or delivery of cargo and not more than two launches
shall lay alongside the boat steps at any one time.

7. No person shall smoke inside any of the company's buildings.

8. No person shall interfere, meddle with or move in any way any
of the company's cranes, trucks or other machines. or appliances, or
make use of its facilities without the permission of an official of the
company.





9. All pedestrian and vehicular traffic shall enter or leave
the company's premises by the gates from time to time designated
for these purposes and shall conform with all instructions of the
officials of the company and traffic notices posted on the company's
premises.

10. These by-laws may be cited as the North Point Wharves
Limited By-laws.
G.N.A. 150/49. Vessels to shift berth on request; typhoon signal. Trespassers. Removal of goods, etc., from company's premises. Nuisances. Unauthorized vessels not to make fast. Boat steps. Smoking. Cranes, gear, etc. Entry and exit gates. Citation.

Abstract

G.N.A. 150/49. Vessels to shift berth on request; typhoon signal. Trespassers. Removal of goods, etc., from company's premises. Nuisances. Unauthorized vessels not to make fast. Boat steps. Smoking. Cranes, gear, etc. Entry and exit gates. Citation.

Identifier

https://oelawhk.lib.hku.hk/items/show/3510

Edition

1964

Volume

v26

Subsequent Cap No.

1038

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:36:17 +0800
<![CDATA[NORTH POINT WHARVES LIMITED ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3509

Title

NORTH POINT WHARVES LIMITED ORDINANCE

Description






LAWS OF HONG KONG

NORTH POINT WHARVES LIMITED ORDINANCE

CHAPTER 1038





CHAPTER 1038.

NORTH POINT WHARVES LIMITED

To authorize the making of by-laws by the North Point Wharves,
Limited.

[29th April. 1949.]

1. This Ordinance may be cited as the North Point Wharves
Limited Ordinance.

2. (1) In this Ordinance and any by-laws made thereunder, unless
the context otherwise requires

'company' means the North Point Wharves, Limited, its successors
and assigns,

'official' includes only the persons acting in the following capacities in
the employment of either the person, firm or company for the time
being acting as general managers andlor agents, or of the
company, namely managing director, general manager, manager,.
marine superintendent, secretary, shipping manager, assistant
shipping manager, chief clerk, accountant, wharf manager,
assistant wharf manager, berthing master, engineer, wharfinger
cargo superintendent, or wharf police officer.

(2) For the purposes of this Ordinance, if the Colonial Secretary
gives notice in the Gazette that any person, firm or company is acting
as the general managers or agents of the company, such person, firm or
company shall be deemed to be so acting from the date of such notice
so appearing until revocation by the Colonial Secretary of such notice
is published in the Gazette.

3. (1) The company shall have power, subject to the approval of
the Governor in Council, to make by-laws in connexion with the
conduct of its business at the wharves and godowns belonging to the
company and situate at North Point, and the maintenance of order and
safety thereon, and such by-laws may prohibit, conditionally or
otherwise, the usage by passengers or by the public of the godowns,
buildings, wharves. roads and premises of the company. (Amended, 9
of 1950, Schedule)

(2) A copy of the by-laws so made clearly printed in English and
Chinese shall be posted in a conspicuous place on the premises.

4. Any by-law made under section 3 may declare any breach of
any such by-law to be an offence and may prescribe penalties therefor:

Provided that no penalty so prescribed shall exceed a fine of five
hundred dollars:

Provided also that until such breaches and such penalties are so
prescribed by by-law, any person who commits a breach of the by-laws
made under section 3 shall be liable to a fine of five hundred dollars.





5. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Suc-
cessors, 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 19 of 1949. (Cap. 303, 1950.) 9 of 1950. Short title. Interpretation. By-laws. Offences and penalties. Saving.

Abstract

Originally 19 of 1949. (Cap. 303, 1950.) 9 of 1950. Short title. Interpretation. By-laws. Offences and penalties. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3509

Edition

1964

Volume

v26

Subsequent Cap No.

1038

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:16 +0800
<![CDATA[MORRISON SCHOLARSHIPS FUND BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/3508

Title

MORRISON SCHOLARSHIPS FUND BY-LAWS

Description






SUBSIDIARY LEGISLATION.

MORRISON SCHOLARSHIPS FUND BY-LAWS.
(Cap. 1037, section 6).

[9th November, 1934.]

CONSTMTION.

1. The Fund shall be known as 'The Morrison Scholarships
Fund'.

2. The Fund shall consist of the fund in the hands of the trustees at
the commenecment of this Ordinance, and the property, moneys and
investments for the time being and from time to time representing the
same. including any contributions, additions and accumulations thereto
as may be made or accrue.

OBJECT.

3. The object of the Fund is to provide and endow scholarships for
boys at Queen's College, Hong Kong, without distinction of class or
nationality.

GOVERNMENT.

4. The government of the Fund shall be in the hands of the
trustees. of whom the Headmaster of Queen's College for the time being
shall be the chairman.

5. The chairman shall.at the same time discharge the duties of
honorary secretary and honorary treasurer, and shall collect all sums
due to the corporation and keep an accurate account of all moneys
received and disbursed to be presented at each meeting.

6. The trustees shall also appoint one or more auditors, not
necessarily auditors by profession, who shall not be trustees, to audit
the accounts and *present a statement at the annual meeting.

FuNDs.

7. All contributions to the Fund shall be paid to the honorary
treasurer and shall by him be placed to the credit of the corporation in a
local bankor invested as the trustees may deem advisable.

8. No payment on account of the corporation shall be made without
the order of the trustees, payment on petty cash account excepted, for
which purpose the trustees may place such sum as





they think fit at the disposal of the honorary treasurer, who shall furnish
a correct account of all such payments at each meeting of the trustees.
AH cheques shall be signed by one trustee and the honorary treasurer.

SCHOLARSHIPS.

9. The number of scholarships granted and the value of each, and
the conditions and period on and for which any such scholarship is
granted or may be renewed. shall be in the entire discretion of the
trustees.

MEETINGS.

10. The annual meeting of the trustees shall be held not later than
the month of August in every year, when the report of the trustees and
the audited statement of the accounts made up to the 31st March.of the
same calendar year shall be presented and passed, and any business of
the previous financial year discussed. Emergency meetings may be
called at any time by the chairman or on the request of any trustee.

11. At all meetings two trustees shall form a quorum.

CITATION.

12. These by-laws may be cited as the Morrison Scholarships Fund
By-laws.
39 of 1934, Schedule. Resolution, 7.6.52.

Abstract

39 of 1934, Schedule. Resolution, 7.6.52.

Identifier

https://oelawhk.lib.hku.hk/items/show/3508

Edition

1964

Volume

v26

Subsequent Cap No.

1037

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:36:16 +0800
<![CDATA[MORRISON SCHOLARSHIPS FUND INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3507

Title

MORRISON SCHOLARSHIPS FUND INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

MORRISON SCHOLARSHIPS FUND INCORPORATION

ORDINANCE

CHAPTER 1037





CHAPTER 1037

MORRISON SCHOLARSHIPS FUND INCORPORATION.

To incorporate a body of trustees capable of holding property and
empowered to administer a trust fund known as the Morrison
Scholarships Trust Fund for the purpose of providing
scholarships at Queen's College in the Colony.

[9th November, 1934.]

WHEREAS at a meeting of a society known as the Morrison Education
Society on the 18th day of March, 1873, it was agreed, and at a
further meeting of the said Society held on the 24th day of April,
1873, it was confirmed, that three thousand dollars of the moneys
of the Society 'should be funded for the purpose of endowing a sch
ip, to be known as the Morrison Scholarship, at the Central
School upon conditions

to be drawn up by the Headmaster the Central School, the
Minister tor the time being of the Union Church and the
senior resident Missionary of the London Missionary Society,
and that, in the event of discontinuance of the Central School
or other circumstances makin it advisable, the disposition of
the principal should be with three gentlemen above
named':
AND WHEREAS the said fund has now appreciated through invest-

ments and further contributions to a capital value of over
fifty thousand dollars, and provides an income of nearly two
thousand dollars per annum out of which five Morrison
Scholarships are endowed and maintained at Queen's Cofiege
in the Colony:

AND WHEREAS doubts have arisen as to the legal position of the
persons now administering the said fund as trustees thereof, and it is
deemed expedient that the fund should be vested in an
incorporated body which may administer the same for the purpose
of endowing and maintaining such scholarships:

1. This Ordinance may be cited as the Morrison Scholar-
ships Fund Incorporation Ordinance.

2. (1) There shall be a body of trustees which, subject to
the other provisions of this Ordinance, shall consist of-

(a) the Headmaster of Queen's College, Hong Kong;

(b)the Senior Missionary in Hong Kong of the London
Missionary Society;

(c) the minister of the Union Church, Hong Kong,

and their successors in office for the
time being.





(2) In the event of the absence from the Colony of any

trustee the person temporarilling his duties shall act as a
trustee during his absence.

(3) No act or decision of the trustees shall be valid unless approved
by two trustees.

(4) If any act be done or discretion be exercised by the majority of
the trustees, or if any instrument be executed in
pursuance thereof, no such act, discretion or instrument shall be
questioned on the ground that the other trustee did not concur or join
therein, or objected thereto.

3. (1) Any change in the persons constituting the trustees

under subsection (1) of section 2 hall be notified to the Colonial Secretary
and published by him in the Gazette. (Amended, 37 of 1950, Schedule)

(2) No such change shall be deemed to have been made

unless it shall have been so published in the Gazette.

(3) The production of a copy of the Gazette containing any such
notification shall be prima facie evidence as to the constitution of the
trustees.

(4) The trustees shall when required by the Governor furnish to him
satisfactory proof of the succession of any new trustee.

4. The trustees shall be a body corporate, hereinafter called

the corporation, under the nameof the Trustees of the Morrison
Scholarships Fund', and by that name shall have perpetual succes-
sion and shall and may sue and be sued in all courts and shall
and may have and use a common seal and may break. change,

alter and make anew the said seal.

5. (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, and kind soever and wheresoever situate, and
also to invest moneys upon mortgage of any lands, buildings,
messuages or tenements, or upon bankers' fixed deposits, or upon the
mortgages, debentures, stocks, funds, shares or securities of any
government, municipality, corporation ar, company, and also to purchase,
acquire, and possess goods and chattels of what nature or kind soever,
for the purpose of endowing and maintaining scholarships, to be known
as Morrison Scholarships, in Queen's College, Hong Kong.

(2) The corporation shall further have power by deed or writing
under its common seal to grant, sell, convey, assign, surrender, yield up,
mortgage, demise. reconvey, reassign, transfer or otherwise dispose of
or deal with any lands, buildings, messuages, tenements, goods and
chattels or other property which are for the time being vested in or
belonging to the corporation, upon such terms as to the trustees may
seem fit:





Provided that nothing in this section shall be construed so
as to authorize any breach of trust on the part of the trustees.

(3) All deeds and other documents requiring the seal of the
corporation shall be sealed with such seal in the presence of the

Headmaster of Queen's College and shall be signed by him.

6. (1) The corporation may from time to time with the approval of the
Governor in Council frame, and from time to time with the approval of the
Governor in Council alter, by-laws for its internal management and
control and all such by-laws
when so approved as aforesaid and agreed upon by the corporation
shall be binding on every member thereof.

(2) Amendments to the by-laws shall be made by the trustees in general
meeting and at least fourteen clear days' notice in writing of any
resolution to effect any such amendment shall be given to
each of the trustees.

(3) A copy of the by-laws certified as correct by two of the trustees and sealed
with the common seal of the corporation shall be deposited and filed
with the Registrar of Companies, and when ever such by-laws are altered a copy
thereof as altered, certified as aforesaid, shall also be forthwith deposited
and filed with the said Registrar.

7. Nothing in this Ordinace 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 otherpersons except such as are mentioned
in this Ordiance and those claiming by, from or under them.

Originally 39 of 1934. (Cap. 300, 1950.) 37 of 1950. Preamble. Short title. The trustees and their proceedings and acts. Notification of change in trustees. Incorporation and general powers of the trustees. Power to acquire property; power to dispose of property. use of seal. By-laws. Saving.

Abstract

Originally 39 of 1934. (Cap. 300, 1950.) 37 of 1950. Preamble. Short title. The trustees and their proceedings and acts. Notification of change in trustees. Incorporation and general powers of the trustees. Power to acquire property; power to dispose of property. use of seal. By-laws. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3507

Edition

1964

Volume

v26

Subsequent Cap No.

1037

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:36:15 +0800
<![CDATA[MISSION ETRANGERES INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3506

Title

MISSION ETRANGERES INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

MISSIONS ETRANGERES INCORPORATION ORDINANCE

CHAPTER 1036





CHAPTER 1036.

MISSIONS ETRANGERES INCORPORATION.

To provide for the incorporation of the Procureur General in the
Colony of the Society of the Missions Etrangeres.

[28th March, 1890.1

1. This Ordinance may be cited as the Missions Etrangeres
Incorporation Ordinance.

(Amended, 50 of 1911; 1 of 1912, Schedule, and 5 of 1924,
s.6)

2. The Procureur General in the Colony of the Society of
the Missions Etrangeres having placed in the hands of the
Governor satisfactory proof of appointment shall be a body cor-
porate, hereinafter called the corporation, and shall have the name
of 'The Procureur General in Hong Kong of the Missions
Etrangeres and by that name shall have 1 perpetual succession,
and shall and may sue and be sued in all courts in the Colony,
and shall and may have and use a common seal, and the said
seal may break, change, alter. and make anew as to the said
corporation may seem fit; and the said corporation shall have
full 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 in the Colony, and also
to invest moneys on mortgage of any lands. buildings, messuages,
or tenements in the Colony, or on the mortgages, debentures,
stocks, funds, shares, or securities of any corporation or company
carrying on business or having an office in the Colony. and also
to purchase and acquire all manner of goods and chattels what-
soever, and the said corporation is hereby further empowered by
deed under its seal, to grant, sell, convey, assign, surrender, and
yield up, mortgage, demise, reassign, transfer, or otherwise dispose
of any lands, buildings, messuages, and tenements, mortgages, de-
bentures, stocks, funds, and securities, goods and chattels, vested
in the said corporation on such terms as to the said corporation
may seem fit:

Provided that due notice of appointment as such Procureur General
and of the proof thereof having been placed in the hands of the
Governor, shall be given in the Gazette.

(Amended, 50 of 1911, and 1 of 1912, Schedule)

3. All deeds. documents, and other instruments requiring the seal
of the said corporation shall be so sealed in the presence of the said
Procureur General or his attorney. and shall also be signed by him or his
said attorney, and such signing shall be taken as sufficient evidence of
the due sealing of such deeds, documents, and other instruments.

(Amended, 50 of 1911; 51 of 1911; 1 of 1912, Schedule, and 2
of 1912, Schedule)





4. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen. Her Heirs or Suc-
cessors, 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.
(Replaced, 37 of 1950, Schedule)
Originally 3 of 1890. (Cap. 299, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of Procureur General in the Colony of Society of Missions Etrangeres. Use of seal. Saving.

Abstract

Originally 3 of 1890. (Cap. 299, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of Procureur General in the Colony of Society of Missions Etrangeres. Use of seal. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3506

Edition

1964

Volume

v26

Subsequent Cap No.

1036

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:14 +0800
<![CDATA[MATILDA AND WAR MEMORIAL HOSPITAL ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3505

Title

MATILDA AND WAR MEMORIAL HOSPITAL ORDINANCE

Description






LAWS OF HONG KONG

MATILDA AND WAR MEMORIAL
HOSPITAL ORDINANCE

CHAPTER 1035





CHAPTER 1035

MATILDA AND WAR MEMORIAL HOSPITAL

To providefor the holding of the property and funds now held by or
vested in the trustees for the time being of the will and codicil of
Granville Sharp, deceased, and the funds of the trustees of the War
Memorial Nursing Home andfor the administration of the said
properly and funds for maintaining, endowing, supporting,
carrying on or otherwise promoting subject to the provisions of
this Ordinance a hospital in substitution for the Matilda Hospital
and the War Memorial Nursing Home as heretofore constituted
and to be called the 'Matilda and War Memorial Hospital'.

[7 October 1949.]

WHEREAS in pursuance of the Will and Codicil of Granvillr Sharp,
deceased, hereinafter referred to as the testator, who died on the
16th day of August, 1899, and of a scheme approved by the
Supreme Court in Action No. 46 of 1904 and of an order of the said
court made on the 7th day of March, 1923, the residue of the estate
of the testator was applied to the erection and maintenance of a
hospital called the 'Matilda Hospital for British, American and
European patients as provided in the said scheme:

AND WHEREAS by the War Memorial Nursing Home Trustees
Ordinance 1923, the trustees of the War Memorial Nursing Home
and their successors in office, hereinafter called the nursing home
trustees, were incorporated as a body corporate and the property
of the War Memorial Nursing Home was vested in the said trustees
to be administered in accordance with the constitution provided by
the said Ordinance for the institution and maintenance of the Hong
Kong War Memorial Nursing Home:

AND WHEREAS in order to ensure the continuance of the objects for
which the said Matilda Hospital was instituted and to make
provision for a nursing home or hospital to fulfil the purpose for
which the War Memorial Nursing Home was instituted it is deemed
expedient that all lands, buildings, messuages or tenements, funds
and endowments held by the trustees of the will and codicil of the
testator and all the funds and endowments held by the nursing
home trustees should be vested in one incorporated body and that
the same may be administered for the purposes and subject to the
provisions of an Ordinance:

1. This Ordinance may be cited as the Matilda and War Memorial
Hospital Ordinance.

2. In this Ordinance, unless the context otherwise requires





'board of governors' or 'board' means the board of governors referred
to in section 4 and specified in article 7 of the constitution;

'constitution' means the articles of constitution referred to in section 4
and specified in the Schedule;

'corporation' means the Matilda and War Memorial Hospital named
and incorporated in accordance with the provisions of section 3;

'nursing home trustees' means the trustees appointed in accordance
with the provisions of section 3 of the War Memorial Trustees
Ordinance 1923;

'trustees' means the trustees of the will and codicil of Granville Sharp,
deceased..

(Amended, 21 of 1984, s. 2)

3. A hospital to be named the -Matilda and War Memorial
Hospital' is hereby incorporated as a body corporate and as the
'Matilda and War Memorial Hospital' shall have perpetual succession
and shall and may sue or be sued in all courts and shall have and may
use a common seal and may break, change, alter and make anew the said
seal.

4. The articles of constitution specified in the Schedule shall be
binding upon the corporation and a board of governors shall be
appointed in accordance with the constitution the members of which
shall be deemed to be the members of the corporation after notice of
their appointment has been filed with the Registrar of Companies.

5. (1) The corporation shall have power to do any of the following
acts, namely, 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 goods and chattels of what nature and
kind soever, and so that by virtue of the powers conferred by this
subsection any investment or other property may be acquired whether
or not it is producing or is expected to produce income. (Amended, 21 of
1984, s. 3)

(2) The corporation shall further have power to do any of the
following acts, namely, to borrow or raise money and to give securities
for the repayment thereof, 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, and to enter
into any contract or arrangement of any kind as the corporation may
think fit:





Provided that the powers conferred by this section shall only be
exercised for the purpose of endowing, supporting, maintaining,
carrying on or otherwise promoting the work of the corporation.
(Replaced, 21 of 1984, s. 3)

6. All deeds and other instruments requiring the seal of the
corporation shall be scaled in the presence of 2 members of the board of
governors and shall be signed by 2 members of the board of governors.

(Replaced, 21 of 1984, s.
4)

7. All matters of internal management of the corporation including
any amendment of the constitution shall be settled and carried out in
accordance with the constitution.

8. The property and assets of whatsoever description hitherto
vested in the Hong Kong Bank Trustee Limited as custodian trustee for
the corporation are hereby transferred to and vested in the corporation.

(Replaced, 21 of 1984, s.
5)

9-10. [Repealed, 21 of 1984, ss. 6 & 71

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 [ss. 2 & 4.1

ARTICLES OF CONSTITUTION

1 . These articles shall be cited as the articles of constitution ofthe Matilda
and War Memorial Hospital.

2. In these articles, unless the context otherwise requires-

'Hospital' means the Matilda and War Memorial Hospital;

'Matilda Hospital' means the hospital erected and maintained in pursuance of the
will and codicil of Granville Sharp, deceased, and a scheme approved by the
Supreme Court in Action No. 46 of 1904 and by an order of the said court
made on the 7th day of March, 1923;

'Ordinance' means the Matilda and War Memorial Hospital Ordinance;

'War Memorial Hospital' means the hospital specified in the War Memorial
Nursing Home Trustees Ordinance 1923.

3. The Hospital shall be called the Matilda and War Memorial Hospital.

4. The objects of the Hospital shall be-

(a)in continuation of the work and traditions of the Matilda and War
Memorial Hospital and in memory of Matilda Lincolne Sharp, resident of
Hong Kong from 1858 to 1893, and in continuation also of the work and
traditions of the War Memorial Nursing Home (first established after the
Great War of 1914-18 as a memorial to those residents of Hong Kong
who saw active service in that War)





(i) to provide in Hong Kong the facilities and services of a hospital or
hospitals and of a nursing home or nursing homes;

(ii) to provide in Hong Kong medical and surgical treatment and aid or
any other assistance and all kinds of medical, surgical, dental and nursing
care and all remedies and requisites in case of accident or illness and to do
so either gratuitously or in return for such payment as may from time to
time be authorized by the board of governors;

(iii) to provide facilities for training in medicine, surgery, dentistry,
nursing and hospital work and all kinds of medical, surgical, nursing and
dental care;

(iv) to provide facilities for and to promote (and join in promoting)
research into and investigation of diseases and their causes, diagnosis,
treatment and cure and research aimed at the progressive elimination of
diseases and the promotion of good health among all members of the
community; . .

(b)to raise funds and to accept and administer subscriptions, gifts and bequests
for all or any of the foregoing objects or for other purposes which in the
opinion of the-board of governors can conveniently be carried into effect
by the Hospital as part of or in conjunction or connexion with its work in
Hong Kong and without derogation from the generality of the foregoing to
continue the administration and application of all such funds and all gifts
that have been made or may hereafter he made to the Hospital (including
among the gifts that have been made a gift of
Mr. Haakon J. Wallem in memory of Sir Vandeleur M. Grayburn) and to
administer and apply the same together with any other funds which may be
or be made available for the purposes of the Hospital or for similar
purposes and so that the care and facilities provided by the Hospital may be
made available without charge or in return for such payment and on such
terms generally in all respects as the board of governors in their absolute
discretion think fit;

(c)generally to do all things which the board of governors consider reasonably
necessary or expedient for, or conducive or incidental to, the carrying out
of all or any of the objects aforesaid.

(Replaced, 21 of 1984, s. 8)

5. The supreme control, government and management of all the property and
affairs of the Hospital shall be vested in the board of governors.

6. The board of governors may exercise all such powers and do all such acts
and things as the corporation may do but without prejudice to the general powers
conferred upon them it is hereby expressly declared that they shall have the
following powers, that is to say, power

(a)to appoint and at their discretion dismiss or suspend such medical
superintendents, doctors, matrons, secretaries, nursing sisters, paramedical
staff, nurses, housekeepers or other officers and servants whether
appointed for permanent, temporary or special services as they may from
time to time think fit and to determine their powers and duties and make
provision for the remuneration of and payment of pensions and gratuities
to such persons including the provision of pensions and other benefits for
any spouse or dependants of any such person; (Amended, 21 of 1984, s. 8)

(b)to appoint any person or persons (whether incorporated or not),to accept
and hold in trust for the corporation any property belonging to the
corporation or in which it is interested or for any other purpose and to
execute and do all such deeds and things as may be requisite in relation to
any such trust and to provide for the remuneration of the trustee or
trustees;







(c)to institute, conduct, defend, compound or abandon any legal proceedings
by or against the corporation or its officers or otherwise concerning the
affairs of the corporation and also to compound or allow for payment or
satisfaction of any debts due or any claims or payments by or against the
corporation;

-(d)to refer any claims or demands by or against the corporation to arbitration
and observe and perform the awards;

(e)to make and give receipts, releases and other discharges for money payable
to the corporation and for the claims and demands of the corporation;





(f)to determine who shall be entitled to sign on the corporation's
behalf bills, notes, receipts, acceptances, endorsements, cheques,
releases, contracts and documents;

(g)save as herein provided to make, vary and repeal such orders, by-laws,
regulations and rules as the governors may from time to time think fit in
relation to the said Hospital and its conduct and management and as to
their own duties and procedure and proceedings and in any affairs relating
to the said Hospital;

(h)to enter into all such negotiations and contracts and execute and do all
such acts, deeds and things in the name and on behalf of the corporation as
they may consider expedient for or in relation to any of the matters
aforesaid or otherwise for the purpose of the corporation; (Amended, 21 of
1984, s. 8)

(i)at any time and from time to time by power of attorney and under the
corporation's seal or by an instrument in writing delegate any of their
powers and appoint any person or persons to be the attorney or attorneys
of the corporation for such purposes and with such powers, authorities and
discretions not exceeding those vested in the board of governors and
subject to such conditions as the governors may from time to time think
fit;

(j)to appoint any committee or committees consisting of such member or
members of their own body or otherwise as they may think fit and to
delegate any of their powers to such committee or committees and to
prescribe the functions, duties and powers thereof and to revoke any
delegation and to determine all or any such functions, duties and powers;
and

(k)to exercise all or any of the foregoing powers so far as they are applicable
in relation to liabilities or obligations whether legal or moral previously
incurred by the trustees or by the nursing home trustees and to assume
responsibility for payments by way of gratuities. pensions or otherwise for
services rendered to the Matilda Hospital or the War Memorial Hospital
and to charge such payments to the funds of the corporation and generally
at the discretion of the board to sanction new payments in respect of
services previously rendered to the Matilda Hospital or the War Memorial
Hospital.

7. The board of governors shall consist of the following persons-

(a)one member who and whose successors shall be appointed by the
Chairman for the time being of The Hongkong and Shanghai Banking
Corporation;

(b)one member who and whose successors shall be appointed by the
Chairman and Senior Managing Director for the time being of Jardine,
Matheson & Co., Limited;

(e)one member who and whose successors shall be appointed by the senior
resident executive for the time being in Hong Kong of the Swire Group of
Companies;

(d)one member who shall be appointed by the senior resident executive for
the time being in Hong Kong of the Wallem Group of Companies;

(e) 2 registered medical practitioners to be appointed by the board of
governors;

(f)not more than 2 other members who and whose successors shall be chosen
by the board of governors with a view to having on the board (so far as
possible) persons who are drawn, in conjunction with other members of
the board of governors, from the principal communities and sections of






society in Hong Kong;

(g)a person to represent the religious communities of Hong Kong who shall
be chosen by the board of governors.

(Replaced, 21 of 1984, s. 8)

8. Each member of the board of governors shall hold office-

(a) until he submits his resignation in writing to the board of governors; or

(b)until he is removed from office by notice in writing given to the board of
governors by his appointor.

(Replaced, 21 of 1984, s. 8)

8A. (a) Any member of the board of governors may appoint any person
previously approved in writing by the board of governors to be an
alternate or substitute member of the board of governors to act in his
place or stead during his absence abroad and such appointee whilst he
holds office as an alternate member of the board of governors shall be
entitled to notice of meetings of the board of governors and to attend
and- vote thereat





accordingly but he shall ipso facto vacate office if and when the
appointor vacates office as a member of the board of governors or
removes the appointee as his alternate or substitute.

(b)Any appointment or removal under paragraph (a) shall be effected by
notice in writing under the hand of the member of the board of governors
making the same.

(c)One person may act as alternate or substitute member of the board of
governors for more than one member of the board of governors and while
he is so acting shall be entitled to a separate vote for each member he is
representing and if he is himself a member of the board of governors his
vote or votes as an alternate or substitute member shall be in addition to
his own vote.

(Added, 21 of 1984, s. 8)

9. The board of governors shall once in every.3 months and may as often as
they think fit meet together for the dispatch of business and any 2 governors may
by notice in writing to the chairman of the board of governors or to the duly
appointed secretary or secretaries require a: meeting to be called at any time. The
board of governors may in their discretion reimburse any travelling expenses
necessarily incurred by any member of the board of governors in attending any
meeting of the

board of governors. (Amended, 21 of 1984, s. 8)

10. At any meeting of the board of governors, a quorum shall be constituted
by 5 members of the board.

11. The board of governors may appoint a treasurer of the Hospital who shall
be an honorary officer and may appoint from outside their own members a
secretary or secretaries of the Hospital who shall perform such duties and receive
such remuneration as the board from time to lime may determine.

12. The board of governors shall cause minutes to be made in books provided
for the purpose

(a) of all appointments of officers made by the board;

(b)of all the resolutions and proceedings at all meetings of the board and of
the committees appointed by them.

13. The board of governors shall cause proper books or accounts to be kept of
all receipts and payments and the accounts of the corporation shall be balanced and
the financial state of the corporation shall be ascertained under the superintendence
of the board once in every year as at 31 December in every year and the balance
sheet showing the financial state of the corporation as on that date in each year
shall be prepared. The profit and loss account and balance sheet shall be audited by
an auditor or by auditors appointed by the board and a copy of such account and
balance sheet fully audited shall within 7 days after the date of the certificate of the
auditors thereon be sent by the board to the Governor.

14. A meeting of the board of governors shall be held not later than 30 June
in each year and shall be called the annual general meeting and at such meeting a
report of all the affairs of the Hospital with a statement of property belonging to
the Hospital and a full account of all the receipts and expenditure of the Hospital
for the year and a balance sheet drawn up as at 31 December preceding shall be
presented and at such meeting the auditors for the ensuing year shall be appointed.
After the conclusion of each annual general meeting a special meeting shall be held
at which the members appointed to replace the members retiring from the board
shall take office and the board shall elect from among their own members a
chairman and deputy chairman and such other officers as they may consider
necessary for the ensuing year.







(Amended, 21 of 1984, s.
8)

15. All moneys received for the purpose of being applied towards acquiring
additional land or erecting buildings for the Hospital or for paying off any debt
incurred for any such purpose shall on being received be paid to the corporation for
and on behalf of the board.

(Amended, 21 of 1984, s.
8)

16. All moneys at any time standing to the credit of the general account
which shall not be required for current expenses shall be paid to the corporation
and any investment from time to time held by the corporation may be sold and the
proceeds thereof invested in other investments as and when the board shall
direct.

(Amended, -21 of 1984, s.
8)





17. Cheques shall be drawn under the order of the board of governors and shall
be signed by such person or persons in such manner as the board may from time to
time determine.

(Amended. 21 of 1984, s.
8)

18. The board of governors shall be at liberty to appoint for the Hospital a
resident medical officer or superintendent who shall be registered as a medical
practitioner in Hong Kong. He shall exercise such functions as the board directs
and receive such remuneration as the board may from time to time determine. The
board may appoint other medical or technical officers for service in the Hospital
either for whole or part time and either in a ' an honorary capacity or for such
remuneration and on such terms as the board may from time to time determine.
The board shall also be at liberty to appoint for the Hospital a matron who shall
have such qualifications as are necessary to be registered in Part 1 of the register of
nurses maintained under the Nurses Registration Ordinance. She shall have such
functions and receive such remuneration as the board may from time to time
determine. The board shall also appoint an adequate number of registered nurses
and enrolled nurses (as defined in the Nurses Registration Ordinance), all of whom
shall be duly qualified to perform such duties as may be prescribed by the board or
by the resident medical officer, the superintendent of the Hospital or the matron
from time to time.

(Replaced, 21 of 1984, s.
8)

19. Any patient in the Hospital may be attended by his own medical attendant
on the condition that he be so attended at his own expense and without any
liability on the part of the corporation or of the board of governors or any
member of the staff of the Hospital in respect of any act of commission or
omission of the medical attendant attending such patient.

20. Except as herein otherwise provided the board of governors shall have the
sole right of making rules for and deciding as to the suitability of any applicant for
admission to the Hospital and as to the continuance in the Hospital of any patient
who may have been admitted and to decide and regulate the fees and charges to be
paid by them. In urgent cases the admission of patients shall be in the discretion of
the resident medical officer or superintendent, or, in his absence, of the matron,
who shall as far as possible in the circumstances act in accordance with such rules as
may be made by the board.

21. No lunatic or person suffering from any disease which in the opinion
ofthe resident medical officer or superintendent, or, in his absence. of the matron,
may be a source of danger or otherwise prejudicial to other patients, may (except
in case of necessity) be admitted or retained as a patient.

22.(a) The board of governors shall have power to appoint sub-committees
with such terms of reference and powers as the board of governors may
from time to time prescribe.

(b)Each sub-committee shall consist of not less than 3 members of the board
of governors one of whom shall be appointed by the board of governors
as the convener thereof.

(r)The meetings of a sub-committee shall be convened by its convener and if
the convener shall not be present within 15 minutes after the time
appointed for holding the meeting the members of the sub-committee
may stand the meeting adjourned or may elect one of the members
present to act as convener of that meeting in which event the meeting
shall proceed.

(d)A quorum of each sub-committee shall be such number of its members as
the board of governors may prescribe but, in any event, at least 2 of its
members.







(e)A resolution in writing signed by all the members of a sub-committee for
the time being in Hong Kong (not being less than the number required to
constitute a quorum) shall be an effective resolution of such sub-
committee for all purposes.

(Replaced, 21 of
1984,s.8)

23. The board of governors shall have power to repeal, replace or amend
these articles or any of them:

Provided that

(a)a resolution authorizing any such repeal, replacement or amendment shall
have been passed by the majority of not less than three-fourths of the
members of the board; and

(b) consent in writing thereto shall have been given by the Governor.
Originally 41 of 1949. (Cap. 298, 1950.) L.N. 24/65. L.N. 25/65. L.N. 26/65. L.N. 140/72. 80 of 1982. 21 of 1984. Preamble. (14 of 1923.) Short title. Interpretation. Schedule. (14 of 1923.) Description and incorporation. Constitution and board of governors. Schedule. Powers of corporation. Seal and sealing. Internal management and amendment of constitution. Vesting of property. Saving. Citation. Interpretation. (Cap. 1035.) (14 of 1923.) Title of Hospital. Objects of Hospital. Supreme control of Hospital. Powers of board of governors. Constitution of board of governors. Board of governors. Tenure of office. Appointment of alternates. Monthly meeting of board. L.N. 26/65. Quorum. L.N. 24/65. Appointment of treasurer and secretary. Minutes. Books, accounts and audit. Annual general meeting of board. Custody of moneys received. Investment of surplus moneys. L.N. 25/65. Cheques. Appointment of medical and nursing staff. (Cap. 164.) Private medical attendants. Rules for admission to Hospital. Power to exclude certain patients. Appointment of sub-committees. Power of board to amend, etc. Constitution. Procedure.

Abstract

Originally 41 of 1949. (Cap. 298, 1950.) L.N. 24/65. L.N. 25/65. L.N. 26/65. L.N. 140/72. 80 of 1982. 21 of 1984. Preamble. (14 of 1923.) Short title. Interpretation. Schedule. (14 of 1923.) Description and incorporation. Constitution and board of governors. Schedule. Powers of corporation. Seal and sealing. Internal management and amendment of constitution. Vesting of property. Saving. Citation. Interpretation. (Cap. 1035.) (14 of 1923.) Title of Hospital. Objects of Hospital. Supreme control of Hospital. Powers of board of governors. Constitution of board of governors. Board of governors. Tenure of office. Appointment of alternates. Monthly meeting of board. L.N. 26/65. Quorum. L.N. 24/65. Appointment of treasurer and secretary. Minutes. Books, accounts and audit. Annual general meeting of board. Custody of moneys received. Investment of surplus moneys. L.N. 25/65. Cheques. Appointment of medical and nursing staff. (Cap. 164.) Private medical attendants. Rules for admission to Hospital. Power to exclude certain patients. Appointment of sub-committees. Power of board to amend, etc. Constitution. Procedure.

Identifier

https://oelawhk.lib.hku.hk/items/show/3505

Edition

1964

Volume

v26

Subsequent Cap No.

1035

Number of Pages

8
]]>
Tue, 23 Aug 2011 18:36:13 +0800
<![CDATA[MASONIC BENEVOLENCE FUND INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3504

Title

MASONIC BENEVOLENCE FUND INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

MASONIC BENEVOLENCE FUND

INCORPORATION ORDINANCE

CHAPTER 1034





CHAPTER 1034

MASONIC BENEVOLENCE FUND INCORPORATION

To Provide for the incorporation of the trustees of the Hong Kong and Far East
Masonic Benei.olence Fund.

(Aniended, 48 of 1978. s. 2)

[2 August 1893.1

1. This Ordinance may be cited as the Masonic Benevolence Fund
Incorporatof1911;1 of 1912, 1924,s.6) f

2. In this Ordinance, unless the context otherwise requires

'custodian trustee' means the custodian trustee appointed in
accordance with section 5.

(A dded, 19 of 1966, s. 2)

3. (1) The trustees of the Hong Kong and Far East Masonic
Benevolence Fund, who have been certified as such on behalf of the
corporation by a statutory declaration made by the secretary and filed
with the Registrar of Companies, shall be a body corporate, hereinafter
called the corporation, and shall have the name of 'The Hong Kong and
Far East Masonic Benvolence Fund Corporation', and by that name shall
have perpetual succession, and shall and may sue and be sued in all
courts, and shall and may have and use a common seal. (Amended, 50 ol'
1911; 51 of 1911; 1 of' 1912, Schedule; 2 of 1912. Schedule and 48 of 1978. s.
3)

(2) The said corporation shall have full power to direct the
custodian trustee 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 in the Colony or elsewhere, and
also to invest moneys on deposit in any bank either in the Colony or
elsewhere on such terms as may seem expedient to it, or on mortgage of
any lands, buildings, messuages, or tenements in the Colony or
elsewhere. (Amended, 19 of 1966 s. 3)

(3) The said corporation is hereby further empowered to direct the
custodian trustee to grant, sell, convey, assign, surrender and yield up,
mortgage, demise, reassign, transfer, or otherwise dispose of or deal
with any lands, buildings, messuages, tenements, mortgages, or
debentures vested in the said corporation, on such terms as to the said
corporation may seem fit. (Amended, 50 of 1911, and 1 of 1912, Schedule
and 19 qf 1966, s. 3)





(4) The corporation shall have full power to direct the custodian
trustee to invest any funds not immediately required in any of the
following in accordance with the conditions stipulated hereunder

(a)investments authorized by the Trustee Investments Act 1961
of the United Kingdom;

(b)mortgages of leasehold property in the Colony of which the
unexpired term at the time of investment is not less than 16
years;

(c)securities of the Government of the United Kingdom, the
Commonwealth of Australia, the Dominion of Canada, Norway
or Denmark;

(d)securities (which word when used in this paragraph and
.paragraph (e) shall include stocks, stock units, shares,
debentures, shares and deposits in building societies and
deposits with finance companies which accept deposits from
members of the public in the ordinary course of their business
provided such finance companies are wholly owned, or in
which a controlling interest is held, by a bank of repute, the
shares or stock of which bank would be an authorized
investment within the terms of the conditions of this
subsection) issued in the United Kingdom, the Dominion of
Canada, the Commonwealth of Australia or the United States
of America by a company incorporated in one of those
countries and having a fully paid up capital of not less than
the equivalent of 16 million Hong Kong dollars of the currency
of the country concerned calculated at the rate of exchange
ruling at the time the investment is made and having paid a
dividend for not less than the previous 5 consecutive years;

(e)securities issued in the Colony by a company incorporated in
the Colony and having a fully paid up capital of not less than
5 million Hong Kong dollars and having paid dividends for
not less than the previous 5 consecutive years,

and may from time to time direct the custodian trustee to sell, convey,
assign, reassign, -transfer, surrender and yield up all or any of such
investments and may similarly in its absolute discretion from time to time
direct the custodian trustee to reinvest the proceeds thereof in part or in
whole in any of the said, investments as aforesaid. (Replaced,19 of
1966, s. 3)

(5) The custodian trustee may invest in its name or under its control
in such manner as the custodian trustee thinks fit or in the name of any
limited liability company or corporation as nominee or nominees of the
custodian trustee and any such investments or property as aforesaid or
any other property subject to the trusts hereof may remain for any
period however long in the name or names of such nominee or nominees
at the sole discretion of the

custodian trustee.(Replaced, 19 of 1966, s. 3)





(6) The corporation shall also have full power to direct the
custodian trustee to receive and accept gifts, donations, contributions
or legacies and to hold or realize the same in its absolute discretion
subject to any conditions attached to such gifts, donations,
contributions and legacies. (Added, 19 of 1966, s. 3)

(7) The custodian trustee shall be deemed to have all powers
required to give effect to any direction made by the corporation under
this section as though the custodian trustee were the absolute owner of
the funds vested in the custodian trustee: Provided that all deeds and
other instruments requiring the seal of the corporation shall be scaled
and signed as provided in section 4. (Added, 19 of 1966,s.3)

4. All deeds and other instruments requiring execution by the said
corporation shall be sealed with its seal and signed in manner provided
by its by-laws.

(Amended, 51 of 1911 and 2 of 1912, Schedule)

5. Hong Kong & Shanghai Bank, Hong Kong (Trustee) Limited,
shall be, and is hereby appointed, custodian trustee for the corporation
to hold all or any property vested in it on behalf of the corporation upon
the trusts declared in section 4(2) of the Public Trustee Act 1906 subject
to the reference therein to the Trustee Act 1893 being construed to refer
to the Trustee Ordinance, and the appointment of the custodian trustee
shall be upon the usual terms and conditions for the time being in force
including those governing the right to remuneration in accordance with
the published scale of fees or such other scale of fees as may from time
to time be agreed between the custodian trustee and the corporation.

(Added, 19 of 1966, s. 4)

6. The corporation shall keep proper books of account with respect
to all sums of money received and expended by the corporation and the
matters in respect of which the receipt and expenditure takes place and
the assets and liabilities of the corporation. The corporation instead of
keeping such accounts itself may employ the custodian trustee to keep
such accounts and may pay the custodian trustee for such work.

(Added, 19 of 1966, s. 4)

7. (1) The said corporation may adopt the existing by-laws of the
Hong Kong and South China Masonic Benevolence Fund, so far as they
are not inconsistent with this Ordinance, and may (notwithstanding that
such existing by-laws provide that alterations therein can be proposed
only at the annual meeting therein mentioned) alter the same, or may
frame other by-laws for its internal management and control. (Amended,
50 of 1911 and 1 of 1912, Schedule)

(2) All such by-laws, when agreed upon by the said corporation,
shall be binding on every member thereof.





(3) A copy of the by-laws, and of any amendment thereof, certified
as correct by the secretary, shall be deposited and filed with the
Registrar of Companies. (Amended, 50 of 1911; 51 of 1911; 1 of 1912,
Schedule and 2 of 1912, Schedule)

8. (1) There shall be payable by the corporation to the Registrar of
Companies a fee of $3 on the deposit and filing of each copy of the by-
laws, and a further fee of $3 for the making and filing of every such
declaration as is mentioned in section 3.

(2) A fee of 50 cents shall be payable for every search of the file.

9. 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.

(Replaced, 37 of 1950, Schedule)
Originally 11 of 1893. (Cap. 297, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. 48 of 1955. 23 of 1957. 19 of 1966. 48 of 1978. Short title. Interpretation. Incorporation of trustees of Hong Kong and Far East Masonic Benevolence Fund. Execution of deeds, etc. Appointment of custodian trustee. (Cap. 29.) Keeping of accounts. Adoption and making of by-laws, etc. Fees. Saving.

Abstract

Originally 11 of 1893. (Cap. 297, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. 48 of 1955. 23 of 1957. 19 of 1966. 48 of 1978. Short title. Interpretation. Incorporation of trustees of Hong Kong and Far East Masonic Benevolence Fund. Execution of deeds, etc. Appointment of custodian trustee. (Cap. 29.) Keeping of accounts. Adoption and making of by-laws, etc. Fees. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3504

Edition

1964

Volume

v26

Subsequent Cap No.

1034

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:36:12 +0800
<![CDATA[LONDON MISSIONARY SOCIETY INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3503

Title

LONDON MISSIONARY SOCIETY INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

LONDON MISSIONARY SOCIETY INCORPORATION
ORDINANCE

CHAPTER 1033





CHAPTER 1033.

LONDON MISSIONARY SOCIETY INCORPORATION.

To provide for the incorporation of the Senior Missionary in the
Colony of the London Missionary Society.

[31st October, 1891.]

1. This Ordinance may be cited as the London Missionary Society
incorporation Ordinance.

(Amended, 5 of 1924, s. 6)

2. The holder of the appointment of Senior Missionary in Hong
Kong of the London Missionary Society. having placed in the hands of
the Governor satisfactory proof of his appointment shall be a body
corporate, hereinafter called the said corporation, and shall have the
name of 'The Senior Missionary in Hong Kong of the London
Missionary Society', and by that name shall have perpetual succession,
and shall and may sue and be sued in all courts, and shall and may have
and use a common seal, and the said seal may break. change, alter. and
make anew as to the said corporation may seem fit; and the said
corporation shaft have fun 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 in the Colony. and
also to invest moneys on mortgage of any lands, buildings, messuages.
or tenements m the Colony or upon the mortgages or debentures,
stocks, funds, shares. or securities of any corporation or company
carrying on business or having an office in the Colony and also to
purchase and acquire all manner of goods and chattels whatsoever; and
the said corporation is hereby further empowered by deed under its seal,
to grant. sell, convey, assign, surrender and yield up, mortgage, demise,
reassign, transfer, or otherwise dispose of any lands, buildings,
messuages and tenements. mortgages. debentures, stocks and
securities. goods and chattels, vested in the said corporation, on such
terms as to the said corporation may seem fit:

Provided that due notice of appointment as such Senior Missionary
in Hong Kong, and of the proof thereof having been placed in the hands
of the Governor, shall be given in the Gazette.

(Amended, 50 of 1911; 51 of 1911; 1 of 1912, Schedule, and
12 of 1912, Schedule)

3. All deeds, documents. and other instruments requiring the seal
of the said corporation shall be scaled with the seal of the said
corporation in the presence of the said Senior Missionary or his
attorney duly authorized, and shall also be signed by him





or his attorney, and such signing shall be and be taken as sufficient
evidence of the due scaling of such deeds, documents, and other
instruments.

(Amended, 50 of 1911; 51 of 1911; 1 of 1912, Schedule, and
2 of 1912, Schedule)

4. 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.

(Replaced, 37 of 1950, Schedule)
Originally 19 of 1891. (Cap. 296, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society. Use of seal. Saving.

Abstract

Originally 19 of 1891. (Cap. 296, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of the Senior Missionary in the Colony of the London Missionary Society. Use of seal. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3503

Edition

1964

Volume

v26

Subsequent Cap No.

1033

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:11 +0800
<![CDATA[KOWLOON UNION CHURCH INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3502

Title

KOWLOON UNION CHURCH INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

KOWLOON UNION CHURCH INCORPORATION

ORDINANCE

CHAPTER 1032





CHAPTER 1032.

KOWLOON UNION CHURCH INCORPORATION.

To provide for the incorporation of the Kowloon Union Church.

[15th September, 1939.]

1. This Ordinance may be cited as the, Kowloon Union Church
Incorporation Ordinance.

2. The trustees for the time being of the Kowloon Union Church
shall be a body corporate under the name of the Trustees of the
Kowloon Union Church'. hereinafter referred to as the corporation.

3. The corporation by the name aforesaid shall have perpetual
succession and shall and may sue and be sued in all courts and shall
and may have and use a common seal and may from time to time break,
change. alter and make anew the said seal as to the corporation may
seem fit.

4. The corporation shall have power to acquire, accept leases of.
purchase, take, hold and enjoy any lands, buildings. messuages or
tenements of whatever nature or kind soever and wheresoever situate
also any endowments of the Kowloon Union Church and the
investments and securities representing the same, and also to invest
moneys upon mortgage of any lands, buildings. messuages or
tenements or upon mortgages, debentures, stocks, funds, shares or
securities of any government, municipality, corporation, company or
person and also to purchase. acquire and possess goods and chattels of
whatever nature and kind soever.

5. The corporation shall further have power by deed under its seal
to grant, sell, convey, assign, lease, 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, goods and chattels which are for. the time
being vested in or belonging to the corporation upon such terms as to
the corporation may seem fit.

6. (1) When any persons are appointed trustees of the Kowloon
Union Church in accordance with the constitution of the said Church
such persons shall within three weeks after appointment or within such
further time as may be allowed by the Governor, furnish the Governor
with satisfactory evidence of their appointment.

(2) A notification in the Gazette under the hand of the Colonial
Secretary that such evidence has been furnished to the Governor by
any such person shall be conclusive evidence of such appointment.





7. AR deeds and other instruments requiring the seal of the
corporation shall be sealed with the common seal of the corporation and
signed by at least two of the trustees.

8. The services at the Kowloon Union Church shall be regulated
and conducted in accordance with the constitution of the said Church
and in such manner as to provide that fellowship in public worship and
in spiritual communion and service which is the privilege and usance of
all Christians and to spread the knowledge of the purpose of God in
Jesus Christ and to unite in fellowship Christians of various
denominations and of different countries in the worship of God in
accordance with the principles and usages of Protestant Evangelical
Christians.

9. Nothing in this Ordinance shall affect or be deemed to affect the
right 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.

10. The expression 'Kowloon Union Church' shall. unless the
context otherwise requires, refer not only to the Church buildings from
time to time used as the Kowloon Union Church but also to the members
of the said Church duly enrolled in accordance with the constitution of
the said Church. The expression 'the constitution of the said Church'
means the code of rules and regulations for management and conduct of
the Kowloon Union Church adopted by the members thereof at the date
of this Ordinance or as the same may be altered from time to time in the
prescribed manner.
Originally 36 of 1939. (Cap. 295, 1950.) Short title. Incorporation. Succession and seal. Power to acquire property. Power to dispose of property. Appointment of new trustees. Use of seal. Services. Saving. Definitions.

Abstract

Originally 36 of 1939. (Cap. 295, 1950.) Short title. Incorporation. Succession and seal. Power to acquire property. Power to dispose of property. Appointment of new trustees. Use of seal. Services. Saving. Definitions.

Identifier

https://oelawhk.lib.hku.hk/items/show/3502

Edition

1964

Volume

v26

Subsequent Cap No.

1032

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:10 +0800
<![CDATA[KOWLOON TONG CHURCH OF THE CHINESE CHRISTIAN AND MISSIONARY ALLIANCE INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3501

Title

KOWLOON TONG CHURCH OF THE CHINESE CHRISTIAN AND MISSIONARY ALLIANCE INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

KOWLOON TONG CHURCH OF THE CHINESE CHRISTIAN
AND MISSIONARY ALLIANCE INCORPORATION
ORDINANCE

CHAPTER 1031





CHAPTER 1031.

KOWLOON TONG CHURCH OF THE CHINESE
CHRISTIAN AND MISSIONARY ALLIANCE
INCORPORATION.

To provide for the incorporation of the Kowloon Tong Church of the
Chinese Christian and Missionary Alliance.

[2nd June, 1950.]

1. This Ordinance may be cited as the Kowloon Tong Church of
the Chinese Christian and Missionary Alliance Incorporation
Ordinance.

2. The trustees for the time being of the Kowloon Tong Church of
the Chinese Christian and Missionary Alliance shall be a body
corporate, hereinafter called the corporation, and shall have the name
'The Trustees of the Kowloon Tong Church of the Chinese Christian
and Missionary Alliance', and in that name shall have perpetual
succession and shall and may sue and be sued in all courts in the
Colony and shall and may have and use a common seal and may break,
change. alter and make anew the said seal.

3. (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. company or person. and also to purchase, acquire and
possess vessels and other 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, or vessels or other goods and chattels,
which are for the time being vested in or belonging to the corporation,
upon such terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever transferred to the
corporation in any manner whatsoever shall in the event of the death of
any of the trustees for the time being or in the event of any trustee
ceasing to hold office as such trustee vest in the trustees for the time
being duly appointed.





5. The number of the trustees shall be not less than three nor more
than five.

6. The office of any trustee shall be automatically vacated if such
trustee shall die or shall resign his office or if a resolution be passed at a
meeting of members of the said Kowloon Tong Church requiring the
resignation of such trustee or if his term of office shall come to an end.

7. New trustees shall be proposed for election by the committee at a
general meeting of the members of the said Kowloon Tong Church and
when elected shall (subject to the provisions of section 6) hold office for
the term of five years from the date of such, election. Trust~ whose term
of office has expired shall be eligible for re-election.

8. (1) Any change in membership of the trustees shall within three
weeks of such change be notified by the publication of a notice in the
Gazette.

(2) No such change shall be deemed to have been made until a
notification of such change has been published in the Gazette.

(3) The production of a copy of the Gazette containing any such
notification shall be prima facie 'evidence of a change in membership of
the trustees.

(4) The trustees shall when required by the Governor furnish to him
satisfactory proof of the succession, election or appointment of any
new trustee.

9. All deeds. documents and other instruments requiring the seal of
the corporation shall be sealed in the presence of three or more of the.
trust~ and shall also be signed by three of the trustees so present and
such signing shall be and be taken as sufficient evidence of the due
sealing thereof.

10. A committee of management. hereinafter caned the committee.
shall be elected from among and at a meeting of the members of the said
Kowloon Tong Church and those elected shall appoint a chairman, a
secretary and a treasurer from those elected. One third of the committee
shall retire annually but shall be eligible for re-election.

11. The committee may appoint a clergyman or pastor to perform
and carry on divine worship and the services usual m the Christian and
Missionary Alliance Churches and may also remove him and appoint a
successor and all matters connected with the





religious services of the said Kowloon Tong Church shall be under the
immediate direction of the clergyman or pastor subject to the control of
the committee.

12. The temporal affairs of the said Kowloon Tong Church shall be
managed. directed and governed by the committee.

13. AR books, deeds, papers and other documents belonging to
the said Kowloon Tong Church shall be under the care and custody of
the chairman of the committee.

14. The committee may by regulation provide for the following
matters

(a) the number, qualification and disqualification of members 1 of
the committee;

(b)the holding of meetings of the committee and the conduct of
business thereat;

(c)the temporary appointment of a clergyman or pastor during
the absence from any cause of the holder of that post;

(d)the election and tenure of office of an auditor and the filling up
of casual vacancies among the committee:

(e)the appointment, tenure of office, salary and duties of any
organist or other officer or servant as the committee may think
necessary or expedient;

the keeping of a register of members of the said Kowloon
Tong Church and of baptisms, marriages and burials;

(g)the holding of meetings of members, the right of voting and
the taking and recording of the votes at such meetings and
the conduct of business thereat;

(h)the appropriation, allotment, arrangement and use of the
sittings in the said Kowloon Tong Church;

(i)the rents and subscriptions (if any) to be paid for sittings in
the said Kowloon Tong Church and the mode of collection
thereat, the fees to be taken for baptisms, marriages and
burials or other services and the collection and disposition of
money offerings, offertories and donations;

0)the keeping of accounts of monies received and expended by
the committee;

(k)the erection and maintenance of monuments, tablets, or other
memorials in the said Kowloon Tong Church or in the
precincts thereof and the, fees to be taken therefor; and

all other matters relating to the affairs of the said Kowloon
Tong Church or of the committee otherwise than where
specifically provided for by this Ordinance.





15. No regulations made by the committee under section 14 shall be
binding on the members of the said Kowloon Tong Church until such
regulations have been passed by a majority of members present and
voting at a general meeting of members.

16. 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 13 of 1950. (Cap. 294, 1950.) Short title. Description and incorporation. Powers of corporation. Transfer of property. Number of trustees. Vacation of office by trustees. New trustees. Their appointment and tenure of office. Notification of changes of trustees. Execution of deeds. Election of committee of management and appointment of officers. Appointment and removal of clergyman or pastor. Committee to control temporal affairs. Custody of document. Power of committee to make regulations. Regulations not binding until approved. Saving.

Abstract

Originally 13 of 1950. (Cap. 294, 1950.) Short title. Description and incorporation. Powers of corporation. Transfer of property. Number of trustees. Vacation of office by trustees. New trustees. Their appointment and tenure of office. Notification of changes of trustees. Execution of deeds. Election of committee of management and appointment of officers. Appointment and removal of clergyman or pastor. Committee to control temporal affairs. Custody of document. Power of committee to make regulations. Regulations not binding until approved. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3501

Edition

1964

Volume

v26

Subsequent Cap No.

1031

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:36:09 +0800
<![CDATA[JESUIT ORDER (PORTUGESE PROVINCE) INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3500

Title

JESUIT ORDER (PORTUGESE PROVINCE) INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

JESUIT ORDER (PORTUGUESE PROVINCE)

INCORPORATION ORDINANCE

CHAPTER 1030





CHAPTER 1030.

JESUIT ORDER (PORTUGUESE PROVINCE)
INCORPORATION.

To provide for the incorporation of the Procurator in Hong Kong of
the Portuguese Province of the Jesuit Order.

[6th December, 1929.]

1. This Ordinance may be cited as the Jesuit Order (Portuguese
Province) Incorporation Ordinance.

2. The Procurator for the time being in the Colony of the
Portuguese Province of the Jesuit Order shall be a corporation sole,
hereinafter called the corporation. and shall have the name of 'The
Procurator in Hong Kong of the Portuguese Province of the Jesuit
Order', and in that name shall have perpetual succes- sion and shall
and. may sue and be .,sued in all courts in the Colony and shall and may
have and use a common seal.

3. (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 money upon mortgage of any lands, buildings, messuages
or tenements, or upon the mortgages, debentures, stocks, funds, shares
or securities of any government, municipality. corporation. company or
person, and also to purchase. acquire and possess vessels and other
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, or vessels or other goods and chattels, which are
for the time being vested in or belonging to the corporation, upon such
terms as the corporation may seem fit.

4. The legal estate in any property whatsoever transferred to the
corporation in any manner whatsoever shall in the event of the death of
the Procurator for the time being in Hong Kong of the Portuguese
Province of the Jesuit Order, or in the event of his ceasing to hold office
as such Procurator, pass to his successor in such office when
appointed.

5. (1) Whenever any person is appointed to the office of Procurator
in Hong Kong of the Portuguese Province of the Jesuit Order such
person shall within three weeks after his appointment





or within such further time as may be allowed by the Governor furnish to
the Governor satisfactory evidence of his appointment.

(2) A notification in the Gazette under the hand of the Colonial
Secretary that. such evidence has been furnished to the Governor by
such person shall be conclusive evidence of such appointment.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

6. All deeds and other instruments requiring the seal of the
corporation shall be scaled in the presence of the said Procurator or his
attorney and shall be signed by him or his attorney, and such signing
shall be taken as sufficient evidence of the due sealing of such deeds
and other instruments, and all deeds, instruments and other documents
and writings requiring the signature of the corporation shall be signed
by such Procurator or his attorney''

7. 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 27 of 1929. (Cap. 293, 1950.) 33 of 1939. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Abstract

Originally 27 of 1929. (Cap. 293, 1950.) 33 of 1939. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3500

Edition

1964

Volume

v26

Subsequent Cap No.

1030

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:09 +0800
<![CDATA[JESUIT ORDER (ENGLISH ASSISTANCY) INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3499

Title

JESUIT ORDER (ENGLISH ASSISTANCY) INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

JESUIT ORDER (ENGLISH ASSISTANCY)

INCORPORATION ORDINANCE

CHAPTER 1029





CHAPTER 1029.

.JESUIT ORDER (ENGLISH ASSISTANCY)
INCORPORATION.

to provide for the incorporation of the Procurator in Hong Kong
of the English Assistancy of the Jesuit Order.

[4th November, 1927.]

1. This Ordinance may be cited as the Jesuit Order (English
Assistancy) Incorporation Ordinance.
(Amended, 28 of 1929, s. 2)

2. The Procurator for the time being in the Colony of
the English Assistancy of the Jesuit Order shall be a corporation
sole hereinafter called the corporation, and shall have the name of
'The Procurator in Hong Kong of the English Assistancy of the
Jesuit Order-, and in that name shall have perpetual succession
and shall and may sue and be sued in all courts in the Colony and
shall and may have and use a common seal.
(Amended, 28 of 1929, s. 3)

3. (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 where-
soever 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, company or person and also to pur-
chase. acquire and possess vessels and other 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, parti-
tion, yield up,. mortgage, demise, reassign, transfer or otherwise
dispose of any lands, buildings, messuages, tenements, mortgages.
debentures, stocks, funds, shares or securities, or vessels or other
goods and chattels, which are for the time being vested in or
belong to the corporation, upon such terms as to the corporation
may seem fit.

4. The legal estate in any property whatsoever transferred
to the corporation in any manner whatsoever, shall, in the event
of the death of the Procurator for the time being in Hong Kong
of the English Assistancy of the Jesuit Order or in the event of
his ceasing to hold office as such Procurator, pass to his successor
in such office when appointed.

5. (1) Whenever any person is appointed to the office of
Procurator in Hong Kong of the English Assistancy of the Jesuit
Order such person shall. within three weeks after his appointment





or within such further time as may be allowed by the Governor,
furnish to the Governor satisfactory evidence of his appointment.

(2) A notification in the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by such person shall be conclusive evidence of such
appoint ment.
(Amended, 33 of 1939, Supp. Schedule, G.N. 840140)

6. All deeds and other instruments requiring the seal of the
corporation shall be scaled in the presence of %the said Procurator
or his attorney and shall be signed by him or his attorney and
such signing shall be taken as sufficient evidence of the due
scaling of such deeds and other instruments and all deeds, instru-
ments and other documents and writings requiring the signature
of the corporation shall be signed by such Procurator or his,
.attorney.

7. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen. Her Heir's or Suc-
cessors. 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 18 of 1927. (Cap. 292, 1950.) 28 of 1929. 33 of 1939. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Abstract

Originally 18 of 1927. (Cap. 292, 1950.) 28 of 1929. 33 of 1939. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3499

Edition

1964

Volume

v26

Subsequent Cap No.

1029

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:08 +0800
<![CDATA[IRISH PROVINCE OF THE ORDER OF FRANCISCANS MINOR INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3498

Title

IRISH PROVINCE OF THE ORDER OF FRANCISCANS MINOR INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

IRISH PROVINCE OF THE ORDER OF FRANCISCANS

MINOR INCORPORATION ORDINANCE

CHAPTER 1028





CHAPTER 1028.

IRISH PROVINCE OF THE ORDER OF FRANCISCANS
MINOR INCORPORATION.

To provide for the incorporation of the Procurator in Hong Kong
of the Irish Province of the Order of Franciscans Minor.

[24th December. 1937.1

1. This Ordinance may be cited as the Irish Province of the Order of
Franciscans Minor Incorporation Ordinance.

2. The Procurator for the time being in the Colony of Hong Kong of
the Irish Province of the Order of Franciscans Minor shall be a
corporation sole, hereinafter called the corporation, and shall have the
name of 'The Procurator in Hong Kong of the Irish Province of the
Order of Franciscans Minor', and in that name shall have perpetual
succession and shall and may sue and be sued in all courts in the
Colony and shall and may have and use a common seal.

3. (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 wheresover 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. company or person, and also to purchase, acquire and
possess vessels and other 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, or vessels or other goods and chattels which are for
the time being vested in or belonging to the corporation, upon such
terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever transferred to the
corporation. in any manner whatsoever shall, in the event of the death
of the Procurator for the time being in Hong Kong of the Irish Province
of the Order of Franciscans Minor, or in the event of his ceasing to hold
office as such Procurator, pass to his successor in such office when
appointed.

5. (1) When any other person is appointed to the office of
Procurator in Hong Kong of the Irish Province of the Order of
Franciscans Minor such person shall within three weeks after his





appointment or within such further time as may be allowed by the
Governor furnish to the Governor satisfactory evidence of his
appointment.

(2) A notification in the Gazette under the hand of the Colonial
Secretary that such evidence has been furnished to the Governor by
such person shall be conclusive evidence of such appointment.

6. All deeds and other instruments requiring the seal of the
corporation shall be sealed in the presence of the said Procurator or his
attorney and shall be signed by him or his attorney. and such signing
shall be taken. as sufficient evidence of the due sealing of such deeds
and other instruments and all deeds. instruments and other documents
and writings requiring the signature of the. corporation shall be signed
by such Procurator or his attorney.

7. 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 28 of 1937. (Cap. 291, 1950.) Short title. Incorporation. Power of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Abstract

Originally 28 of 1937. (Cap. 291, 1950.) Short title. Incorporation. Power of corporation. Property transferred to corporation to pass to successors. Appointment of Procurator. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3498

Edition

1964

Volume

v26

Subsequent Cap No.

1028

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:07 +0800
<![CDATA[HOP YAT CHURCH OF THE CHURCH OF CHRIST IN CHINA INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3497

Title

HOP YAT CHURCH OF THE CHURCH OF CHRIST IN CHINA INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

HOP YAT CHURCH OF THE CHURCH OF CHRIST

IN CHINA INCORPORATION ORDINANCE

CHAPTER 1027





CHAPTER 1027

HOP YAT CHURCH OF THE CHURCH OF CHRIST
IN CHINA INCORPORATION

To providefor the incorporation qf the Hop Yat Church of The Church of Christ
in China.

[22 September 1967.1

1. This Ordinance may be cited as the Hop Yat Church of The Church of
Christ in China Incorporation' Ordinance.

2. In this Ordinance, unless the context otherwise requires

'constitution' means the constitution of the Hop Yat Church approved from
time to time by its members in accordance with the constitution for the
time being in force;

'Corporation- means the body incorporated by section 3;

'Council of a Unit Church' means the Council for the time being of a Unit
Church of the Corporation;

'Hop Yat Church' means the Hop Yat Church of The Church of Christ in
China taken as a whole which shall include all its churches schools and
other establishments and their respective members for the time being;

'ministers' and 'preachers' respectively mean the ministers and preachers for
the time being employed by the Hop Yat Church;

'Properties Management Committee' means the Properties Management
Committee for the time being of the Corporation;

'repealed Ordinance' means the Hop Yat Tong Church of Christ Hong Kong
Incorporation Ordinance;

'Unit Church' means a church establishment of the Hop Yat Church.

3. The Council of Representatives for the time being of the Hop Yat
Church of The Church of Christ in China shall be a body corporate,, hereinafter
called 'the Corporation', and shall have the name 'The Council of
Representatives of Hop Yat Church of the Church of Christ in China- and in
that name shall have perpetual succession and may sue and be sued in all courts
and tribunals in the Colony and shall have any 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-

to manage, administer and operate the Hong Kong Hop Yat
Church, the Kowloon Hop Yat Church, the Kowloon Hop Yat
Church School, the Hop Yat Church Kindergarten and the
Hop Yat Church Kai Chi School;

(b)to establish, manage, administer and operate any clinic or
clinics, hospital or hospitals, church or churches, school or
schools or educational or charitable institution or institutions
as the Corporation shall think fit;

(c)to acquire, accept leases of, purchase, take or otherwise hold
and enjoy any lands, buildings, messuages or tenements of
what nature or kind soever and wheresoever; (Amended, 74 of
1974, s. 3)

(d)to acquire, by purchase or otherwise, goods and chattels of
what nature or kind soever;

(e)to invest moneys on deposit in any bank in the Colony or in
any government 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;

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, shares,
securities, vessels, goods or chattels for the time being vested
in the Corporation, upon such terms as the Corporation may
deem fit;

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

(h)to accept gifts; donations and endowments for all or any of
the purposes of the Corporation;

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

(j)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, d raining, 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 companies,
land mortgage companies, building estate companies, banks,
financiers, owners, lessees, tenants and others, in such
manner or on such terms and conditions as the Corporation
shall deem fit or expedient and to apply for and obtain
exclusion orders under Part 1 of the Landlord and Tenant
(Consolidation) Ordinance and to agree and pay such
compensation as the Tenancy Tribunal may recommend or
order;

(k)to borrow money upon such terms as the Corporation shall
think fit, and to raise money by public or private subscription;
and

(1)generally to do such other things as many appear to be
incidental or conducive to the aims and objects of the
Corporation.

5. On the commencement of this Ordinance-

(a)all those pieces or parcels of ground specified in the second
column of the Schedule, together with all rights, easements
and appurtenances thereto belonging, shall vest in the
Corporation for the unexpired residue of the respective terms
of years created-by the Crown leases and Conditions of Grant
specified opposite thereto in the third column 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 and Conditions of Grant; and

(b)the he Corporation shall succeed to all other property, rights,
privileges, obligations and liabilities of the trustees for the
time being of the Hop Yat Tong Church of Christ Hong Kong
incorporated under the repealed Hop Yat Tong Church of
Christ Hong Kong Incorporation Ordinance.

6. The Corporation shall consist of the following members-

(a)all ministers and preachers for the time being of the Hop Yat
Church;

(b)all deacons and deaconesses for the time being of the Hop
Yat Church;

(c)the chairman, vice-chairman, and secretary for the time being
of the Council of each Unit Church; and

(d)representatives for the time being from the Council of each
Unit Church, which shall be entitled to have one elected
member in respect of every 100 adult-members registered with
such Unit Church to represent it in the Corporation: provided
that the maximum number of the representatives of each Unit
Church shall not exceed 5.





7. Each Unit Church shall have a Council, and the organization,
powers and duties of such Council shall be prescribed by the
constitution for the time being of the Hop Yat Church.

8. (1) The existing constitution of the Hop Yat Church shall be the
constitution of the Corporation.

(2) Amendments to the constitution shall be proposed in writing
to the Council of Representatives by 2 deacons and 3 elected members
of one or more Councils of the Unit Churches or by 10 voting members
of the Church, and no amendments shall be made unless such
amendment or amendments shall have been passed by three-fourths of
the members of the Council of Representatives present at the meeting
convened for the purpose.

(3) Any such amendment shall not come into operation until it has
been published in the Church bulletin 4 consecutive weeks for the
information of the members and no objection thereto has been raised
within 30 days from the-first publication.

(4) The constitution shall not be amended without the consent in
writing of the Registrar of Companies.

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 or Vice-Chairman of the
Corporation.

(c)a list of the names and addresses of the members for the time
being of the Corporation and any change therein, certified as-
correct by the Chairman or Vice-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 as correct by the Chairman or Vice-
Chairman of the Corporation.

(2) Notification in accordance with subsection (1) shall be made
within 28 days of the commencement of this Ordinance or within 28 days
of any 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 fees for registering any
document with any public registry as may be prescribed. under section
304 of the Companies Ordinance for the registration of a document with
the Registrar of Companies. (Amended, L.N. 31168)

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 re quiring the seal
of the Corporation shall be signed by any 3 of the 6 members of the
Properties Management Committee of the Corporation 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.

SCHEDULE [s. 5.]

Crown lease and

Item Description of property Conditions
Grant

1 . Section D of Inland Lot No. 590. Crown lease dated 18
August 1859.
2. 1/11 th undivided share in Section C of Subsection 1 Crown lease dated 31
of Section B of Quarry Bay Marine Lot No. 4. December 1932.
3. 1/7th undivided share in Subsection 5 of Section B Crown lease dated 30
of Kowloon Inland Lot No. 615.December 1902.
4. Remaining Portion of Kowloon Inland Lot Conditions of Grant
No. 6591. No. 5259.
5. Remaining Portion of Kowloon Inland Lot Conditions of Grant
No. 7266. No. 5973.
Originally 54 of 1967. L.N. 31/68. 74 of 1974. Short title. Interpretation. (Cap. 1027, 1964 Ed.) Incorporation. Power of Corporation. (Cap. 7.) Vesting of property. Schedule. Members of the Corporation. Council of Unit Church. Existing constitution to be constitution of Corporation. Registration. (Cap. 32.) Seal. Saving.

Abstract

Originally 54 of 1967. L.N. 31/68. 74 of 1974. Short title. Interpretation. (Cap. 1027, 1964 Ed.) Incorporation. Power of Corporation. (Cap. 7.) Vesting of property. Schedule. Members of the Corporation. Council of Unit Church. Existing constitution to be constitution of Corporation. Registration. (Cap. 32.) Seal. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3497

Edition

1964

Volume

v26

Subsequent Cap No.

1027

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:36:06 +0800
<![CDATA[HONG KONG WAR MEMORIAL FUND ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3496

Title

HONG KONG WAR MEMORIAL FUND ORDINANCE

Description






LAWS OF HONG KONG

HONG KONG WAR MEMORIAL FUND

ORDINANCE

CHAPTER 1026





CHAPTER 1026

HONG KONG WAR MEMORIAL FUND

To providefor the establishment and administration of a Hong Kong
War Memorial Fund.

[21 February 1947.1

1. This Ordinance may be cited as the Hong Kong War Memorial
Fund Ordinance.

2. A fund to be known as the 'Hong Kong War Memorial Fund',
hereinafter called the Fund, shall be established and administered in the
manner hereinafter appearing.

3. The Fund shall consist of such voluntary contributions as may
be made thereto and such appropriations thereto as may from time to
time be made by the Legislative Council, together with such additions
or accumulations as may be made or accrue thereto and together with
any investment from time to time representing the same or any of them
and together also with the interest and income derived from any such
investment.

4. (1) The objects of the Fund shall be as follows-

(a)without distinction of class or nationality, to provide for the
maintenance, education, benefit or advancement of the widow,
wife or children or dependent parent as the case may be, of
any officer or member of any force, corps, unit or other
organization specified in the First Schedule, who served
therein between 7 December 1941, and 25 December 1941, and
who- (Amended, 3 of 1948, s. 2)

(i) was killed in action; or

(ii) died as the result of wounds received in action; or

(iii) died as the result of injuries or hardships sustained
during such service as aforesaid; or

(iv) having been captured by the enemy, was killed or died
while in captivity or died after release from captivity having at
any time after such release and prior to his death been
incapacitated from earning a living; or (Amended, 66 of 1979,
s. 2)

(v) died as the result of illness the contraction of which was
specifically attributable to such service or captivity as
aforesaid; or

(vi) by reason of wounds received in action, injuries or
hardships sustained during such service as aforesaid, or
illness the contraction of which was specifically attributable
to such service as aforesaid is temporarily or





permanently either wholly or partially incapacitated from
earning a living; or (Amended, 66 of 1979, s. 2)

(vii) was captured and held in captivity by the enemy and is
temporarily or permanently either wholly or partially
incapacitated from earning a living; (Added, 66 of 1979, s. 2)

(b)to provide assistance to any officer or member of the
organizations specified in paragraph (a) who served therein
between the aforesaid dates and -by reason of. wounds
received in action, injuries or hardships sustained during such
service as aforesaid, or illness the contraction of which was
specifically attributable to such service is temporarily or
permanently either wholly. or partially incapacitated from
earning his. living; (Amended, 66 of 1979, s. 2)

(ba) to provide assistance to any officer or member of the
organizations specified in paragraph (a) who served therein
between the aforesaid dates, was captured and held in
captivity by the enemy and is temporarily or permanently
either wholly or partially incapacitated from earning his living;
(Added, 66 of 1979, s. 2)

(c)to establish and maintain any such homes, orphanages or
other institutions as may be conducive to the attainment of the
foregoing objects;

(d)without distinction of class or _nationality to provide and
endow scholarships for any children whose -maintenance,
education, benefit or advancement provision may lawfully be
made under the provisions of this Ordinance;

(e)to do all other such lawful things as may be incidental or
conducive to the attainment of the foregoing objects.

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

'child' includes a child not born in wedlock;,

'wife' includes the mother of a child not born in wedlock and the word
'widow' shall be construed accordingly;

-dependent parent includes a person wholly or substantially maintained
by an officer or member referred to- in subsection (3), who during
the minority of such officer or member acted in the place of a parent
to such officer or member. (Replaced, 3 of 1948,s.2)

(3) All or any of the benefits which, under the provisions of this
Ordinance, might be extended to any officer or member of any force,
corps, unit or other organization specified in the First Schedule, or to the
widow, wife or children or dependent parent of any such officer or
member, may be extended to a member of any class of persons specified
in the Second Schedule, or to the widow, wife or children or dependent
parent of any such me member as the case ,may be. (Amended, 3 of 1948,
s. 2)





(4) After ample provision for all the foregoing objects has in the
opinion of the committee been made, an additional object of the Fund
shall be to provide benefits for the community as a whole, without
distinction of class or nationality and such benefits shall take the form
of the undertakings mentioned in the Third Schedule which shall have
no priority one over the other.

(5) The Governor may, by order under the hand of the Chief
Secretary, add to any of the Schedules.

5. (1) The Fund shall be administered by a committee, hereinafter
called the committee, the chairman and other members of which shall be
appointed by the Governor.

(2) The committee shall consist of such member or members, not
less than 5 in all, as the Governor shall direct.

(3) All appointments to the committee shall be held only during the
Governor's pleasure.

(4) The quorum necessary for the transaction of the business of
the committee may be fixed by regulation made under this Ordinance
and unless so fixed 3 members shall form a quorum.

6. None of the objects in subsection (1) of section 4 as extended by
subsections (2) and (3) thereof shall be deemed to have in law or equity
any priority one over the other nor shall any rateable appropriation of
the Fund to such objects or to the undertakings specified in the Third
Schedule be required and the committee shall, subject to the provisions
of this Ordinance, have full power, authority and discretion to govern,
direct and decide all matters whatsoever connected with the,
administration of the Fund and the accomplishment of the objects and
purposes thereof.

7. The committee shall have power to make regulations for their
procedure in the transaction of business and the maintenance of good
order at their meetings and generally for all matters relating to the
administration and management of the Fund and the discharge of the
duties of the committee:

Provided that a copy of such regulations shall be furnished to the
Chief Secretary and that they shall be subject to disallowance, alteration
or amendment at any time by the Governor.

8. All questions which may arise at any meeting of the committee
shall be decided by a majority of votes of the members present and, in
case of an equality of votes, the chairman shall have a casting vote in
addition to his original vote:

Provided that, in any case in which the committee is divided in
opinion, any 3 members of the committee may demand that the point be
referred to the Governor for his decision, which shall in every such case
be final.





9. An accurate account shall be kept of all moneys received and
disbursed by the Fund and the committee shall, within 6 months after
the termination of each calendar year, forward to the Chief Secretary a
report on the administration of the Fund during the previous year
together with a duly audited statement of receipts and expenditure of the
Fund during the preceding year and a statement of the assets and
liabilities of the Fund up to the end of such year.

(Amended, 70 of 1977, s. 3)

10. The chairman of the committee shall be a body corporate,
and shall have the name of 'The Chairman of the Committee of the
Hong Kong War Memorial Fund', and by that name shall have
perpetual 'succession, and shall and may sue and be sued in all
courts, and shall and may have and use a common seal, and the said
seal may break, change, alter, and make anew as to the said
corporation may seem fit, and the said corporation shall have full
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 in the Colony, and also to invest
moneys on deposit in any bank in the Colony or elsewhere or on
1 mortgage of any lands, buildings, messuages or tenements in the
Colony, or on the mortgages or debentures, stocks, funds, shares or
securities of any corporation or company carrying on business or
having an office in the Colony, and also to purchase and acquire all
manner of goods and chattels whatsoever, and the said corporation
is hereby further empowered, by deed under its seal, to grant, sell,
convey, assign, surrender and yield up, mortgage, demise, reassign
transfer or otherwise dispose of any lands, buildings, messuages and
tenements, mortgages, debentures, stocks, funds and securities,
goods and chattels, vested in the corporation on such terms as to the
said corporation may seem fit.

11. All deeds, documents and other instruments which bylaw
require the seal of the said corporation shall be sealed therewith in the
presence of the chairman of the committee or his attorney duly
authorized, and shall also be signed by him or his attorney duly
authorized, and such signing shall be and be taken as sufficient
evidence of the due sealing of such deeds, documents or other
instruments.

FIRST SCHEDULE [s. 4.]

1 . The Hong Kong Naval Volunteer Force.

2. The Hong Kong Royal Naval Volunteer Reserve.

3.'The Hong Kong Volunteer Defence Corps and the Auxiliary and
Affiliated Units thereof.

4. The Hong Kong Corps of Air Raid Wardens.

5.The Police Force. the Hong Kong Police Reserve and the special
constabulary established under the Peace Preservation Ordinance, 1886.
(Replaced, L.N. 196181)





6. The Hong Kong Civil Defence Corps, as specified hereunder-

Auxiliary Communications Service.

Auxiliary Conservancy Corps.

Auxiliary Fire Service.

Auxiliary Labour Corps.

Auxiliary Medical Corps.

Auxiliary Nursing Service.(Added, 66 of 1979, s. 3)

Auxiliary Ordnance Corps.

Auxiliary Quartering Corps.

Auxiliary Supply Corps.

Auxiliary Transport Service.

Civil Pay and Accounts Service.

Public Works Corps.

Auxiliary Rescue and Demolition Corps.

7.His Majesty's Regular Armed Forces and the Royal Naval Yard Police,
including uniformed personnel attached to such Forces and Police:
Provided that persons not locally recruited therefor or not locally
attached thereto or not married to persons ordinarily resident in the
Colony, shall be excluded. (Added, G.N. 931147. Amended, 66 of 1979,
s. 3)

8. The St. John Ambulance Brigade. (Added, 66 of 1979, s. 3)

SECOND SCHEDULE [s. 4(3).]

1 Persons who were subjected to torture during the enemy occupation and
by reason thereof

,(a) died; or

(b)were temporarily or permanently either wholly or partially incapacitated
from earning a living.

2. Persons who were executed by the enemy.

THIRD SCHEDULE [s. 4(4).]

Any undertaking for establishing, endowing, providing for, maintaining or
contributing to

(a) hospitals, clinics and creches in the Colony;

(b)educational, recreational, civic or social welfare centres, facilities or
amenities in the Colony;

(c)relief (including medical stores and supplies) to homeless, unemployed or
indigent persons in the Colony;

(d)scholarships involving work, study, tuition or instruction in the Colony or
in the United Kingdom;







(e)institutions in the Colony for the aged and infirm, the young or the
mentally deficient or unstable;

(f)the cure or relief of suffering and disease in the Colony or the cure and
relief outside the Colony of inhabitants of the Colony who cannot
adequately be treated inside the Colony.
Originally 10 of 1947. (Cap. 289, 1950.) G.N. 931/47. 3 of 1948. 70 of 1977. 66 of 1979. L.N. 196/81. Short title. Establishment of the Fund. Maintenance of the Fund. Objects of the Fund. First Schedule. First Schedule. Second Schedule. Third Schedule. Administration of the Fund. General powers of the committee. Third Schedule. Regulations. [cf. Cap. 1040, s. 8.] Determination of questions at meetings of the committee. Accounts. Incorporation of chairman of committee of the Fund. [cf. Cap. 1017, s. 2.] Use of seal of corporation.

Abstract

Originally 10 of 1947. (Cap. 289, 1950.) G.N. 931/47. 3 of 1948. 70 of 1977. 66 of 1979. L.N. 196/81. Short title. Establishment of the Fund. Maintenance of the Fund. Objects of the Fund. First Schedule. First Schedule. Second Schedule. Third Schedule. Administration of the Fund. General powers of the committee. Third Schedule. Regulations. [cf. Cap. 1040, s. 8.] Determination of questions at meetings of the committee. Accounts. Incorporation of chairman of committee of the Fund. [cf. Cap. 1017, s. 2.] Use of seal of corporation.

Identifier

https://oelawhk.lib.hku.hk/items/show/3496

Edition

1964

Volume

v26

Subsequent Cap No.

1026

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:36:05 +0800
<![CDATA[HONG KONG CHINESE CHRISTIAN CHURCHES UNION INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3495

Title

HONG KONG CHINESE CHRISTIAN CHURCHES UNION INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

HONG KONG CHINESE CHRISTIAN CHURCHES UNION

INCORPORATION ORDINANCE

CHAPTER 1025





CHAPTER 1025.

HONG KONG CHINESE CHRISTIAN CHURCHES UNION
INCORPORATION.

Toprovide for the incorporation of The Hong Kong Chinese Christian
Churches Union.

[4th June,. 1948.]

1. This Ordinance may be cited as the Hong Kong Chinese
Christian Churches Union Incorporation Ordinance.

2. In this Ordinance, unless the context otherwise requires

'board of directors' ' means the board of directors who have the power
of management and control of the affairs of the Union in
accordance with the constitution;

'chairman' and 'vice-chairman' mean the chairman and vice 1 chairman
of the board of directors;

constitution' means the rules or regulations governing the Union for
the. time being in force together with any, amendment thereto
made from time to time, in accordance with such rules or
regulations;

'The Hong Kong Chinese Christian Churches Union' or 'the Union'
means the representatives of such Chinese Christian Churches in
the Colony as are or shall be members of the Union in accordance
with the constitution.

3. (1) Whenever any person is appointed to the office of
chairman and whenever any person is appointed to the office of
vice-chairman such persons shall. within three weeks after their
respective appointments or within such further time as may be
allowed by the Colonial Secretary, furnish to the, Colonial Secretary
satisfactory evidence of their appointments.

(2) A notification in the Gazette under the hand of the Colonial
Secretary that such evidence has been furnished to the Colonial
Secretary by such persons shall be conclusive evidence of such
appointments.

4. A certificate under the hand of the chairman, or in his absence
from the Colony, of the vice-chairman

(a)that any person therein named is a member of the Union, or

(b)that any rules or regulations annexed to such certificate are
the constitution,

shall be accepted for all purposes as sufficient proof of the fact that
such person is a member of the Union, or that the constitution was duly
made and is in force.





5. (1) The Union shall be a body corporate under the name of 'The
Hong Kong Chinese Christian Churches Union', hereinafter referred to
as the corporation.

(2) The corporation by the name aforesaid shall have perpetual
succession. and shall and may sue and be sued in all courts in the
Colony. and shall and may have and use a common seal, and may break,
change, alter and make anew the said seal as to the corporation may
seem fit.

(3) 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. in the
Colony, 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 corporation or company, and
also to purchase, acquire and possess goods and chattels of what
nature and kind soever.

(4) 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, or goods and chattels which are vested in or
belong to the corporation, upon such terms as to the corporation may
seem -,fit.

6. All deeds. documents and other instruments requiring the seal of
the corporation shall be sealed therewith in the presence of the
chairman, or in his absence from the Colony, of the vicechairman. and
shall also be signed by the chairman, or by the vice-chairman. The seal
shall be kept in the custody of the chairman. or in his absence from the
Colony, in the custody of the vice-chairman.

7. All matters of internal management of the Union. including any
amendment of the constitution, shall be settled and carried out in
accordance with the constitution.

8. 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 22 of 1948. (Cap. 288, 1950.) Short title. Interpretation. Appointment of chairman and vice-chairman. Proof of membership of the Union and proof of the constitution. Incorporation. Powers of corporation. Seal. Internal management of the Union. Saving.

Abstract

Originally 22 of 1948. (Cap. 288, 1950.) Short title. Interpretation. Appointment of chairman and vice-chairman. Proof of membership of the Union and proof of the constitution. Incorporation. Powers of corporation. Seal. Internal management of the Union. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3495

Edition

1964

Volume

v26

Subsequent Cap No.

1025

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:04 +0800
<![CDATA[HONG KONG TUBERCULOSIS, CHEST AND HEART DISEASES ASSOCIATION INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3494

Title

HONG KONG TUBERCULOSIS, CHEST AND HEART DISEASES ASSOCIATION INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

HONG KONG TUBERCULOSIS, CHEST
AND HEART DISEASES ASSOCIATION
INCORPORATION ORDINANCE

CHAPTER 1024





CHAPTER 1024

HONG KONG TUBERCULOSIS, CHEST. AND HEART DISEASES
ASSOCIATION INCORPORATION

Toincorporate the Hong Kong Tuberculosis, Chest and Heart Diseases
Association.

(Replaced 9 of 1980 s. 2)

[3 February 19671

Originally 8 of 1967 74 of 1974, L.N. 20179, 9 of 1980, R. Ed. 1980, 43 of 1988

Preamble

WHEREAS

(1) the former Hong Kong Anti-Tuberculosis Association was incorporated by
Ordinance in 1948 with its main purpose to combat tuberculosis in Hong Kong:

(2) since that time many organizations throughout the world, also
established for the purpose of combating tuberculosis, have extended the scope of
their activities to include all diseases of the chest and heart:

(3) the former Association being desirous of likewise extending the scope of its
activities and of making changes in its constitution:

(4) it is considered expedient to make provision accordingly by legislation:

Short title

1. This Ordinance may be cited as the Hong Kong Tuberculosis, Chest and
Heart Diseases Association Incorporation Ordinance.

(Amended9 of 1980 s. 3)

Interpretation

2. In this Ordinance, unless the context otherwise requires

'Association' means the Hong Kong Tuberculosis, Chest and Heart Diseases
Association incorporated under section 3; (Amended9 of 1980 s. 4)

'Board' means the Board of Directors established under the Constitution;

'Chairman' means the Chairman of the Board;

'Constitution' means the Constitution of the Association for the time being in
force, subject to the provisions of this Ordinance relating to any matter
expressly dealt with in this Ordinance;

'former Association' means the Hong Kong Anti-Tuberculosis Association
established under the repealed Hong Kong Anti-Tuberculosis Association
Incorporation Ordinance (Cap. 1024, 1964 Ed.).





incorporation of Association

3. The Hong Kong Tuberculosis_Chest and Heart Diseases Association shall
be a body corporate 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,
and may from time to time break, change, alter and make anew the said seal as the
Association may deem fit.

(Amended9 of 1980 s. 5)

Objects of the Association

4. The objects of the Association are each and every of the following-

(a)to carry on and continue the work and activities hereto before carried on
by the Association;

(b)to promote, encourage, or undertake research and experimental work on
the prevention, diagnosis, treatment, and any other aspects of the
diseases and malfunctions of the chest, heart and lung, and to publish the
findings of such work;

(c)to establish and operate hospitals, clinics, or such other institutions and to
provide rehabilitation and medical treatment for those sufflering or have
suffered from diseases or malfunctions of the chest, heart or lung;

(d)to provide medical, convalescent, or rehabiliatory services generally for
the benefit of the community of Hong Kong, and in the following
institutions

(i) 'the Ruttonjee Hospital;

(ii) the Freni Memorial Convalescent Home;

(iii) the Grantham Hospital; and

(iv) any other hospitals, clinics, infirmaries or other establishments
managed by the Association;

(e)to establish, maintain, support, and operate hospitals, clinics, infirmaries,
homes for the aged, convalescent centres or any other similar
establishments;

to establish, maintain, conduct, or operate, and to assist, financially or
otherwise, any other charitable activities or institutions with all or any of
its objects similar to those of the Association;

(g) to provide social and cultural services for the Hong Kong community;

(h)to promote the general welfare of the people of Hong Kong. and in
particular, in the furtherance of health and the relief of distress and
sickness;

(i) to promote and extend the objects of the Association overseas; and

(j)to establish and maintain affiliations with overseas organizations in the
promotion and furtherance of the objects of the Association.

(Replaced 43 of 1988 s. 2)





Powers of the Association

5. The Association shall have power-

(a)to acquire by purchase, lease or otherwise and to hold, possess and enjoy
any lands, buildings, messuages or tenements, goods, chattels and other
property of whatsoever nature or kind, and wheresoever situate;
(Amended 74 of 1974 s. 3)

(b)to build, rebuild, alter, vary, renew, maintain and repair any buildings,
messuages or tenements and to effect any improvement thereto;

(e)to invest moneys on deposit in any bank or upon mortgage of any lands,
buildings, messuages or tenements, or upon the mortgage, debentures,
debenture stocks, stocks, funds, shares or securities of any government,
municipality, corporation or company or such other investment as the
Board may think fit;

(d)to grant, sell, convey, assign, surrender, exchange, partition, yield up,
mortgage, pledge, demise, let, reassign, transfer or otherwise dispose of
any lands, buildings, messuages, tenements, mortgages, debentures,
debenture stocks, stocks, funds, shares, securities, vessels, goods,
chattels, property and assets for the time being vested in or belonging to
the Association upon such terms as the Association may think fit;

(e)to borrow money upon such terms as the Association may think fit, and,
subject to section 4(17) of the Summary Offences Ordinance (Cap. 228), to
raise money by public or by private subscription;

(f)to accept donations, grants or subsidies from any person or Government
authority or other body or organization;

(g)to establish, support and subscribe to provident funds, pension,
retirement and similar schemes for the benefit of employees of the
Association and their dependants and to grant and pay pensions or
gratuities to and otherwise aid, support or assist any such persons;
(AmendedL.N. 20179)

(h)generally to do such other acts and things as are incidental or conducive
to the objects of the Association as provided by this Ordinance and the
Constitution.

Vesting of property, etc. of former Association

6. (1) The following properties, namely-

(a)all that piece or parcel of ground known and registered in the Land Office
as Aberdeen Inland Lot No. 159;

(b)all that piece or parcel of ground known and registered in the Land Office
as Inland Lot No. 7206;

(c)all that piece or parcel of ground known and registered in the Land Office
as Inland Lot No. 7254,





together with all erections and buildings thereon and together with all rights,
easements and appurtenances thereto belonging vested in the former Association
shall from the commencement of this Ordinance be vested in the Association
absolutely subject to and with the benefit of the respective Conditions of Grant
under which the same are held from the Crown.

(2) (Repealed 9 of 1980 s. 7)

(3) All debentures, stocks, funds, shares, securities, vessels, goods, chattels
and other movable assets vested in or belonging to or held for or on behalf of or in
trust for the former Association and all moneys subscribed for the purposes of the
former Association and all investments of such moneys and all interest, income and
profits arising from such investments and all securities therefor shall, at the
commencement of this Ordinance, be transferred to, vest in, belong to or be held for
or on behalf of or in trust for the Association.

(4) All contractual and other rights exercisable or enforceable by the former
Association shall, at commencement of this Ordinance, be exercisable and
enforceable by the Association in place of the former Association.

(5) On the commencement of this Ordinance, the Association shall become
liable for all the debts and liabilities and for the performance of all the contractual
and other obligations of the former Association.

Membership of Association

7. The Association shall consist of the persons who were ordinary or life
members of the former Association under the constitution thereof referred to in
section 8 and of all such persons who shall continue to be members or who shall be
admitted to membership of the Association in accordance with the Constitution.

Constitution of Association

8. The constitution of the former Association as approved and adopted at the
Annual General Meeting of the former Association held on 28 October 1966 shall be
deemed to be the Constitution of the Association but the same may be amended or
replaced by the Association at any time or from time to time in accordance with the
provisions of the Constitution.

Registration with the Registrar of Companies

9. (1) The Association shall forward to the Registrar of Companies for
registration the following_

(a)notice of the address of the principal office of the Association and any
change thereof;

(b)a copy of the Constitution and any amendment thereto certified as correct
by the Chairman; and

(c)a list of the names, occupations and addresses of the members of the
Board and of the officers of the Association and any change therein,
certified as correct either by the Chairman alone or by any one other
member of the Board and the Secretary.





(2) Every document required to be registered in accordance with subsection (1)
shall be forwarded to the Registrar within 28 days of the commencement of this
Ordinance or within 28 days of any change or amendment, as the case may be.

(3) A fee of $5 shall be payable for registering any document under this
section.

(4) Any person may inspect any of the documents registered under this
section on payment of such fee as may be appointed under section 305 of the
Companies Ordinance (Cap. 32) for the inspection of documents kept by the
Registrar of Companies.

(5) The registration of the list mentioned in subsection (1)(c) shall be
conclusive evidence of the facts contained in such list.

Sealing and signing of documents

10. (1) All deeds, documents and other instruments requiring the seal of the
Association shall be sealed in the presence of 2 members of the Board and shall
also be signed by those members and such signing shall be taken as sufficient
evidence of the due sealing and execution of such deeds, documents and other
instruments.

(2) The Board shall be responsible for the safe custody of the common* seal
of the Association.

Saying

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 any other persons except such as are mentioned in this Ordinance
and those claiming by, from or under them.

Abstract



Identifier

https://oelawhk.lib.hku.hk/items/show/3494

Edition

1964

Volume

v26

Subsequent Cap No.

1024

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:36:03 +0800
<![CDATA[OCEAN TERMINAL (PARKING AND WAITING) BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/3493

Title

OCEAN TERMINAL (PARKING AND WAITING) BY-LAWS

Description






OCEAN TERMINAL (PARKING AND WAITING)

BY-LAWS

(Cap. 1023, section 3)

[23rd June, 1972]

1. These by-laws may be cited as the Ocean Terminal (Parking and
Waiting) By-laws.

2. In these by-laws, unless the context otherwise requires

'car park' means the car park on the 62 feet and 72 feet principal datum
levels and the taxi quay at the 33 feet principal datum level of the
Ocean Terminal being Kowloon Permanent Pier 83 and also means
the ramps and entrances thereto;

'driver' includes any person who is in charge of a vehicle;

'Tee' means the sum payable to the company for the use of the car park;

'Ocean Terminal' means that part of the company's pier in Kowloon
known as Kowloon Permanent Pier 83;

'official of the company' includes any person employed as a car park
attendant at the car park;

'parking permit' means a ticket other than a pass issued to each driver
who uses the car park;

'pass' means a monthly or quarterly pass issued in accordance with by-
law 9(2);

'vehicle' means any mechanically propelled vehicle intended or
adopted for the use on roads.

3. (1) The driver of a vehicle in respect of which a pass has been
issued shall, upon entering and leaving the car park and at any other
time when requested to do so by an official of the company, produce
the pass for inspection.

(2) Any driver who proposes to use the car park otherwise than in
accordance with a pass shall upon entering the car park obtain a parking
permit in respect of his vehicle and shall at any time thereafter upon
request by an official of the company produce such parking permit for
inspection.

(3) On leaving the car park a driver to whom a parking permit has
been issued shall surrender such parking permit to an official of the
company.

(4) No person shall park any vehicle or cause or permit any vehicle
to wait on the taxi quay on the 33 feet principal datum level in
contravention of any sign or lines erected or delineated at or on such
taxi quay for the direction of vehicles or for the designation





of the type or class of vehicle which may be parked on such taxi quay or
any park thereof.

(5) No vehicle shall be parked or allowed to wait in the car park for
more than 7 days unless by prior agreement with the company.

4. (1) The driver of a vehicle who uses or proposes to use the car
park and any person who enters or proposes to enter the park shall

(a)obey all lawful directions given to him by an official of the
company;

(b)obey all signs and signals within the car park which are
applicable to him; and

(c)on demand made by an official of the company give his name
and address to such official.

(2) The driver of a vehicle who uses the car park shall not-

(a)sound any warning instrument therein except in an
emergency;

(b)park the vehicle in such a manner that it protrudes over any
line indicating the space in which the vehicle is to be parked;

(c)park the vehicle in any part of the car park other than within
the fines indicating the space in which a vehicle is to be
parked;

(d)park any vehicle in any space marked 'reserved' unless he is
expressly authorized to do so by the company; or

(e)remove the vehicle from the car park unless the fee has been
paid or a pass relating to the vehicle has been produced to an
official of the company.

(3) Paragraph 2(e) shall not apply to the drivers of vehicles using
the taxi quay at the 33 feet principal datum level of the Ocean Terminal.

(4) No driver shall park in the car park a vehicle which is, or is likely
to be, in such condition as to be a danger to any person or other vehicle
in the car park or which carries any goods or article likely to cause any
such danger.

5. (1) Upon parking a vehicle in the car park the driver and all
passengers in the vehicle shall leave the car park as soon as practicable
by the exits provided.

(2) No person shall remain in the car park after he has been
lawfully ordered by an official. of the company to leave.





(3) If any person is in possession of a pass which is altered,
defaced or otherwise mutilated, he shall immediately surrender it to an
official of the company.

(4) No person shall smoke in any part of the car park.

(5) No person shall, without lawful authority, tamper with or
interfere with a vehicle in the car park.

6. If a driver fails to produce a parking permit, the driver shall before
removal of the vehicle from the car park pay a fee calculated from 7.00
a.m. on the day on which the vehicle entered the car park.

7. At 8 o'clock each morning an attendant on duty in the car park
shall enter in a register, the registration mark of every motor vehicle in
the car park at such time and, in the case of a motor vehicle exhibiting a
valid pass, that fact, and shall date and sign such register and such
register shall be retained at the car park for not less than 4 months from
the date thereof and, in the calcula,ion of any fees payable under these
by-laws, such register completed and signed by an attendant shall be
prima facie evidence that the motor vehicles whose registration marks are
recorded in the register were in the car park at the date and time set forth
on the register.

8. (1) Where any vehicle appears to have been parked or allowed to
wait in contravention of these by-laws, any official of the company may
seize and remove the vehicle to any part of the car park or the company's
premises, or if it is not practicable so to remove it, to any other place of
safety which the official of the company thinks fit.

(2) Any vehicle removed under paragraph (1) may be detained by
the company until

(a)there is paid to the company a removal charge of 50 dollars
and a storage charge calculated at the same rate as would be
payable if the vehicle had been properly parked in the car park
during the period for which it was left in the car park or
detained under this paragraph; or

(b) the vehicle is released by order of a court.

(3) Where a vehicle is detained under this by-law the company shall
forthwith give notice in writing thereof to the owner, if he can be found,
and if the vehicle is not claimed within 3 months after the date on which
such notice is sent or, if notice cannot be given, after the date of
detention, the company may sell the vehicle by public auction.

(4) The company may apply the proceeds of a sale under paragraph
(3) in payment of any parking fees, removal fee, storage





charges and other sums due to or expenses incurred by the company
in respect of the vehicle, and shall pay the balance of the proceeds
to the owner of the vehicle. If such owner cannot be found after
the expiry of 12 months from the date of such sale any such balance
shall become the property of the company.

9. (1) The fees payable for the use of the several parts of
the car park shall be in accordance with notice prominently dis-
played by the company in respect of each part thereof.

(2) The company may, upon application by any person, issue
a monthly or quarterly pass to such person upon such terms as the
company may see fit.

10. Save with the permission of an official of the company,
no person shall drive into the car park a vehicle of a weight unladen
exceeding 1 1/2 tons or a vehicle with a seating capacity for more than
7 persons.

11. The company may by such signs prominently displayed at,
.in and outside the car park prohibit, as the company may from time
to time think fit-
(a)the entry of vehicles to the car park or any part thereof;
or
(b) the entry of persons into the car park or any part thereof.

12. Every person employed by the company as an attendant at
the car park shall wear such uniform or badge as shall be sufficient
to identify him to members of the public using the car park.

13. Any person who contravenes any of the provisions of by-
law 3, 4, 5 or 6 shall be guilty of an offence and shall be liable on
conviction to a fine of five hundred dollars.
L.N. 124/72. Citation. Interpretation. Use of car park. Duties of drivers within car parks. Duties of persons in the car park. Loss of parking permit. Conduct and duties of attendants. Removal and sale of vehicles upon contravention of by-laws. Fees. Weight limit of vehicles entering the car park. Prohibition of entry. Attendants. Offences.

Abstract

L.N. 124/72. Citation. Interpretation. Use of car park. Duties of drivers within car parks. Duties of persons in the car park. Loss of parking permit. Conduct and duties of attendants. Removal and sale of vehicles upon contravention of by-laws. Fees. Weight limit of vehicles entering the car park. Prohibition of entry. Attendants. Offences.

Identifier

https://oelawhk.lib.hku.hk/items/show/3493

Edition

1964

Volume

v26

Subsequent Cap No.

1023

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:36:02 +0800
<![CDATA[HONG KONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/3492

Title

HONG KONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED BY-LAWS

Description






HONG KONG AND KOWLOON WHARF AND GODOWN COMPANY
LIMITED BY-LAWS

ARRANGEMENT OF BY-LAWS

By-law Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

3. Control of couriers and prohibition of soliciting patronage by others ... ... ... A 3
4. Removal, etc. of merchandise, cargo and goods without permission prohibited ... A 4
5. Prohibition of lorries entering or leaving premises without premission ... ... ... A 4
6. Nuisances prohibited ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
7. Prohibition of craft making fast, etc. to pier or premises without permission ... A 4
8. Smoking prohibited ... ... ... ... ... ... ... ... ... ... ... ... A 5
9. Prohibition of interference, etc. with equipment. etc. without permission ... ... A 5

10. Prohibition of bringing cars, etc. onto pier or alongside manoeuvering vessel, without
permission ... ... ... ... ... ... ... ... ... ... ... ... ... A 5

11. Penalties ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
12. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5





HONG KONG AND KOWLOON WHARF AND GODOWN
COMPANY LIMITED BY-LAWS

(Cap. 1023, section 3)

[8 May 1964.1

1. These by-laws may be cited as the Hong Kong and Kowloon
Wharf and Godown Company Limited By-laws.

2. (1) No person shall enter or be upon any pier or premises of the
Company except with the premission of an official of the Company.

.(2) For the purposes of this by-law, the permission of an official of
the Company to enter and be upon any pier of the Company shall,
subject to any revocation under paragraph (3), be deemed to have been
given to any person who, through the entrance or way provided and
upon payment of such fee, if any, for entry as may be stipulated by the
Company for the class of persons to which he belongs, enters upon the
pier for the purpose of gaining access to any passenger terminal situate
on, or to any vessel berthed alongside, that pier.

(3) The Company, in the manner specified in paragraph (4), (5) or
(6), as the case may be, may in writing at any time, and without
assigning any reason therefor, revoke the permission deemed to have
been given under paragraph (2) in respect of any pier or premises either
in relation to a particular person or class of persons or the employees or
agents of any particular person or generally in relation to all persons.

(4) Where the aforesaid revocation relates to all persons generally
or to any class of persons, copies of the revocation shall be posted in a
conspicuous place on the Company's business premises and on the pier
or piers concerned.

(5) Where the aforesaid revocation relates to the employees or
agents of any person, a copy of the revocation shall be given or sent to
that person.

(6) Where -the aforesaid revocation relates to a particular person a
copy of the revocation shall be given or sent to that person.

(7) Any official of the Company may, for good reason
communicated to the person concemed, order any person who is upon
any pier or premises of the Company, whether such person entered or is
upon the pier or premises with the permission of an official of the
Company or not, to leave such pier or premises immediately.

(8) Any person who-

(a)enters or is upon any pier or premises of the Company in
contravention of the provisions of paragraph (1); or





(b)fails to leave any pier or premises immediately upon being
so ordered by any official of the Company pursuant to the
provisions of paragraph (7),

shall be guilty of an offence against these by-laws.

(9) Nothing in this by-law shall apply to any person who is in
the employment of the Company.

3. (1) No courier from any hotel, tourist agency or any like
organization shall, in the course of his employment as such, enter or
be upon the passenger terminal situate on, or on any other part of,
any pier of the Company three hours before the expected arrival of
any vessel carrying passengers that is to dock alongside such pier or
at any other time while any such vessel is alongside the pier unless
such courier is wearing a uniform clearly indicating the name of the
hotel, tourist agency or other like organization that he represents.

(2) No hotel, tourist agency or any like organization shall send
more than one uniformed courier, or more than such other number
of uniformed couriers as the Company may in writing permit in any
particular case, to meet any vessel at, or to board any vessel from,
any of the Company's piers.

(3) No courier of any hotel, tourist agency or any like organiza-
tion shall, in the course of his employment as such, remain upon the
passenger terminal situate on, or other part of, any pier of the
Company if there is then present at that passenger terminal or on
any other part of the same pier any other uniformed courier of the
same hotel, tourist agency or organization, whether such other
courier entered upon the passenger terminal or other part of the pier
before or after him, except where the presence on the passenger
terminal or other part of the pier of more than one uniformed
courier from the hotel, tourist agency or organization concerned on
the occasion in question, is permitted under paragraph (2).

(4) Where the presence on 'any passenger terminal situate on,
or on any other part of, any pier of the Company of more than one
courier from any hotel, tourist agency or other like organization is
on any occasion permitted under paragraph (2), no courier of such
hotel, tourist agency or organization shall, in the course of his
employment as such, remain upon the passenger terminal or other
part of the pier concerned if he together with all other couriers in
uniform from the same hotel, tourist agency or organization then
present at the passenger terminal or on any other part of the pier,
exceed the number permitted as aforesaid.

(5) Every courier of an hotel, tourist agency or like organisa-
tion shall, on entering the Company's pier in the course of his
employment as such, have in his possession a list of all passengers
whom he is directed to meet and shall, on demand, produce such list
for examination-

(a) to any official of the Company; or





(b)to any other person who is authorized in writing by the
Company to examine such lists and who produces such
authority.

(6) No courier shall solicit the patronage of any passenger other
than a passenger shown on the list in his possession specified in
paragraph (5), and no other person shall solicit any passenger to
patronize any business whatsoever or in any manner assist the courier
of any hotel, tourist agency or any like organization in soliciting,
obtaining or attempting to obtain, the patronage of any passenger,
whether such passenger's name appears on the courier's list or not, but
nothing in this paragraph shall be taken to prohibit a courier from giving
assistance to any passenger who, not having been solicited by the
courier or any person on his behalf, approached the courier with a
request for his assistance.

(7) Any person who contravenes any of the provisions of this by-
law shall be guilty of an offence against these by-laws.

4. (1) No person shall take onto or remove or attempt to take onto
or remove from any of the Comany's piers or premises any merchandise,
cargo or any other goods of any kind whatsoever except with the
permission of an official of the Company.

(2) Any person who contravenes any of the provisions of this by-
law shall be guilty of an offence against these by-laws.

5. (1) No lorry, car, cart or other conveyance not in the service of
the Company shall enter or leave or attempt to enter or leave any. of the
Company's piers or premises except with the permission of an official of
the Company.

(2) Any person who contravenes any of the provisions of this by-
law shall be guilty of an offence against these by-laws.

6. (1) No person shall commit any nuisance of any description on
or about any of the Company's piers or premises.

(2) Any person who contravenes the provisions of this by-law
shall be guilty of an offence against these by-laws.

7. (1) No steamer, vessel, launch, boat, junk, sampan or other craft
of any description whatsoever (other than craft in the service of the
Marine Police, Fire Services, Immigration, Medical
and Health ( Port Health) or Customs and Excise Department of the
Government) shall

(a)make fast to, or hold on to, or lie alongside, or block the
approaches to, any of the Company's piers or premises; or

(b)make fast broadside to the sea wall of the Company's
premises,

except with the permission of an official of the Company.

(2) Any person who contravenes any of the provisions of this by-
law shall be guilty of an offence against these by-laws.





8. (1) Save and except in the Company's main offices no person
shall smoke on any part of the Company's piers or premises.

(2) Any person who contravenes the provisions of this by-law
shall be guilty of an offence against these by-laws.

9. (1) No person shall interfere or meddle with or move in any way
any of the Company's mobile equipment or trucks, or make use of its
tramlines except with the permission of an official of the Company.

(2) Any person who contravenes any of the provisions of this by-
law shall be guilty of an offence against these by-laws.

(3) Nothing in this by-law shall apply to any person who is in the
employment of the Company.

10. (1) No person shall without permission of the General Manager
or Deputy General Manager enter upon or bring or attempt to bring any
car, carriage, vehicle, launch. lighter or other craft onto or alongside any
of the Company's piers. or alongside any vessel while such vessel is
manoeuvering in or out of berth.

(2) Any person who contravenes any of the provisions of this by-
law shall be guilty of an offence against these by-laws.

(3) Nothing in this by-law shall apply to any person who is in the
employment of the Company.

11. Any person who is guilty of an offence against these by-laws
shall be liable on summary conviction to a fine of 550 for the first such
offence and to a fine of 5100 for every subsequent such offence.

12. Nothing in these by-laws shall be taken to restrict, derogate
from or otherwise interfere with any power or duty, or the exercise or
performance of any power or duty, conferred or imposed by or under
any law upon any person in the service of the Crown.
L.N. 65/64. 40 of 1985. Citation. Prohibition of entry and being upon piers and premises of Company without permission. Control of couriers and prohibition of soliciting patronage by others. Removal, etc. of merchandise, cargo and goods without permission prohibited. Prohibition of lorries entering or leaving premises without permission. Nuisances prohibited. Prohibition of craft making fast, etc. to pier or premises without permission. 40 of 1985, s. 10. Smoking prohibited. Prohibition of interference, etc. with equipment, etc. without permission. Prohibition of bringing cars, etc. onto pier or alongside manoeuvering vessel, without permission. Penalties. Saving.

Abstract

L.N. 65/64. 40 of 1985. Citation. Prohibition of entry and being upon piers and premises of Company without permission. Control of couriers and prohibition of soliciting patronage by others. Removal, etc. of merchandise, cargo and goods without permission prohibited. Prohibition of lorries entering or leaving premises without permission. Nuisances prohibited. Prohibition of craft making fast, etc. to pier or premises without permission. 40 of 1985, s. 10. Smoking prohibited. Prohibition of interference, etc. with equipment, etc. without permission. Prohibition of bringing cars, etc. onto pier or alongside manoeuvering vessel, without permission. Penalties. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3492

Edition

1964

Volume

v26

Subsequent Cap No.

1023

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:36:02 +0800
<![CDATA[HONG KONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED (BY-LAWS) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3491

Title

HONG KONG AND KOWLOON WHARF AND GODOWN COMPANY LIMITED (BY-LAWS) ORDINANCE

Description






LAWS OF HONG KONG

HONGKONG AND KOWLOON WHARF AND GODOWN
COMPANY LIMITED (BY-LAWS) ORDINANCE

CHAPTER 1023





CHAPTER 1023.

HONGKONG AND KOWLOON WHARF AND GODOWN
COMPANY LIMITED (BY-LAWS).

To authorize the making of by-laws by the Hongkong and Kowloon

Wharf and Godown Company, Limited.

[24th April, 1908.]

1. This Ordinance may be cited as the Hongkong and

Kowloon Wharf and Godown Company Limited (By-laws) Ordin

ance.

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

---carpark' means an area or space or part of such area or space

situated on any of the company's piers or premises and which
is marked out or used for the parking or driving of vehicles;
(Added, 38 of 1971, s. 2)

.,company' means the Hongkong and Kowloon Wharf and Godown

Company Limited, its successors and assigns;

-official of the company' includes only the persons acting in the

following capacities: director, general manager, manager, secretary,
chief clerk, berthing master, superintendent engineer, cargo
superintendent, wharfinger;

'vehicle' means a mechanically propelled vehicle intended or

adapted for use on roads. (Added, 38 of 1971, s. 2)
(Amended, 50 of 1911; 12 of 1912, and 43 of 1912, Supp.
Schedule, G.N. 246113)

3. The company may, with the approval of the Governor in

Council, make by-laws for

(a)the conduct of its business and the maintenance of order on its
premises;

(b)the prohibition, either conditionally or otherwise, of the use by
passengers or by the public of the company's piers and
premises;

(c)the control of the use of a car park, including the limitations of
such use to any particular person or vehicle or any class of
persons or vehicles;

(d) the fees payable for the use of a car park;

(e)the removal from a car park of a vehicle, without notice to the
owner thereof, in respect of which there has been a
contravention of any by-law made pursuant to this section,
and the fees payable in respect of such removal;





(f)the disposal, by sale or otherwise, or the destruction of
vehicles which have been unclaimed in a car park for
more than a period specified in the by-laws.
(Replaced, 38 of 1971, s. 3)

4. A copy of every by-law clearly printed in English and
Chinese in large type shall be posted in a conspicuous place on
the company's business premises and on each of the company's
piers.

5. A by-law made under section 3 may provide that a con-
travention or breach thereof shall be an offence and shall be punish-
able by such a fine, not exceeding five hundred dollars, as may be
specified therein.
(Replaced, 38 of 1971, s. 4)
Originally 6 of 1908. (Cap. 286, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 12 of 1912. 13 of 1912. 43 of 1912. 5 of 1924. 33 of 1939. 38 of 1971. Short title. Interpretation. By-laws. Copies to be posted. Offences and penalties.

Abstract

Originally 6 of 1908. (Cap. 286, 1950.) 30 of 1911. 50 of 1911. 51 of 1911. 12 of 1912. 13 of 1912. 43 of 1912. 5 of 1924. 33 of 1939. 38 of 1971. Short title. Interpretation. By-laws. Copies to be posted. Offences and penalties.

Identifier

https://oelawhk.lib.hku.hk/items/show/3491

Edition

1964

Volume

v26

Subsequent Cap No.

1023

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:36:01 +0800
<![CDATA[THE HONG KONG AND CHINA GAS COMPANY (TRANSFER OF INCORPORATION) ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3490

Title

THE HONG KONG AND CHINA GAS COMPANY (TRANSFER OF INCORPORATION) ORDINANCE

Description






LAWS OF HONG KONG

THE HONG KONG AND CHINA GAS COMPANY

(TRANSFER OF INCORPORATION) ORDINANCE

CHAPTER 1022





CHAPTER 1022

THE HONG KONG AND CHINA GAS COMPANY
(TRANSFER OF INCORPORATION)

To provide that conditionally upon The Hong Kong and China Gas
Company Limited, a company incorporated in England, being
authorized under the law of the United Kingdom to become a
company incorporated under the Companies Ordinance, it may
become a company so incorporated,. andfor purposes incidental
and ancillary thereto.

[12 March 1982.]

1. This Ordinance may be cited as The Hong Kong and China Gas
Company (Transfer of Incorporation) Ordinance.

2. (1) Subject to subsection (2), words and expressions used in this
Ordinance have,, unless the context otherwise requires, the same
meaning as those words and expressions have in the Companies
Ordinance.

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

'certified' means certified by any two directors of the company to be a
true copy;

'the company' means the company incorporated under the Joint Stock
Companies Act, 1856 of the United Kingdom and, subject to the
Companies Act 1980 of the United Kingdom, named 'The Hong
Kong and China Gas Company Limited

'transfer date' means the date of the certificate of incorporation issued
pursuant to section 4(1).

3. (1) At any time after the commencement of this Ordinance the
company may deliver to the Registrar the documents specified by
subsection (2) and, subject to the payment of the fee specified by
subsection (3), the Registrar shall retain and register them.

(2) The documents referred to in subsection (1) are-

(a) a certified printed copy of this Ordinance;

(b)a certified printed copy of the Act of the Parliament of the
United Kingdom enabling the company to become a company
incorporated under the Companies Ordinance;

(c)a certified copy of a certificate issued by the Registrar of
Companies of England to the effect that the company was
incorporated under the Joint Stock Companies Act, 1856 of
the United Kingdom;

(d)a notice of the situation of the office in Hong Kong which
will, upon the issue by the Registrar of the certificate of
incorporation referred to in section 4(1), be the registered
office of the company;





(e)a certified printed copy of the memorandum and articles of the
company in the forms in which they will take effect upon the
issue by the Registrar of the certificate of incorporation
referred to in section 4(1);

a certified copy of the latest annual return of the company to
have been delivered to the Registrar of Companies of England
as at the date of delivery thereof to the Registrar pursuant to
subsection (1), together with copies of all documents which
pursuant to the Companies Acts 1948 to 1981 of the United
Kingdom were required to be delivered with such annual
return;

(g)a return of the directors of the company as at the date of
delivery thereof to the Registrar, which return shall be in the
form prescribed in relation to section 158 of the Companies
Ordinance and shall contain the particulars specified in such
section; and

(h)in relation to each charge, if any, (being a charge falling within
any of the descriptions contained in paragraphs (a) to (i) of
section 80(2) of the Companies Ordinance) created by the
company and in respect of which the debt for which it was
given has not been paid or satisfied, the particulars prescribed
in relation to section 80 of the Companies Ordinance and a
certified copy of both the instrument, if any, by which such
charge was created or evidence and the entry in respect of
such charge in the register of charges kept by the Registrar of
Companies of England, provided that if no such charge,
instrument or (as the case may be) entry shall exist there shall
instead be delivered to the Registrar a statutory declaration by
any two directors of the company to the effect that no such
charge, instrument or (as the case may be) entry exists.

(3) A fee of $1,140,000 shall be payable by the company to the
Registrar and the company shall be exempt from any other fees under
the Companies Ordinance in respect of its deemed incorporation
thereunder, the authorized share capital of the company specified in the
form of memorandum set out in the Schedule or the capitalization at any
time of any amount standing, on the transfer date, to the credit of the
company's share premium account.

4. (1) On the registration of the documents specified in section 3(2)
and the payment of the fee specified in section 3(3), the Registrar shall
enter in the register of companies formed and registered under the
Companies Ordinance the name of the company as 'The Hong Kong
and China Gas Company Limited' and shall issue, under his hand, a
certificate of incorporation in respect of the company altered to reflect
the change in the name of the company (if any) and the transfer of
registration from England of the company, which certificate of
incorporation shall state that the company is limited.





(2) With effect on and from the transfer date-

(a)the company shall be deemed to be a company duly
incorporated under the Companies Ordinance which
shall, subject to this Ordinance, extend and apply to the
company as such a company, and persons and matters
associated therewith, and the company shall be capable
forthwith of exercising all the functions of a company
incorporated under the Companies Ordinance and having
perpetual succession, and a common seal but with such
liability on the part of the members to contribute to the
assets of the company in the event of its being wound up as
is mentioned in the Companies Ordinance; and

(b)Part XI of the Companies Ordinance shall cease to apply
to the company and the Registrar shall retain such of
the documents relating to the company and registered
pursuant to that Part and Part XII of the Companies
Ordinances as he thinks fit.

(3) Nothing in this Ordinance shall operate-

(a) to create a new legal entity;

(b) to prejudice or affect the continuity of the company;

(c) to affect the property of the company;

(d)to render defective any legal or other proceedings in-
stituted or to be instituted by or against the company or
any other person; or

(e)except to the extent provided by this Ordinance, to affect
any rights, powers, authorities, duties, functions, liabilities
or obligations of the company or any other person.

(4) A certificate of incorporation issued by the Registrar
pursuant to subsection (1) shall be conclusive evidence that all
requirements of this Ordinance in respect of registration and of
matters precedent and incidental thereto have been complied with
and that the company is, on and from the date specified in the
certificate, duly registered under the Companies Ordinance and this
Ordinance.

5. (1) Sections 22(2), 43(1) and 112 of the Companies
Ordinance shall not apply to the company.

(2) For the avoidance of doubt and notwithstanding anything
in the Companies Ordinance or in the memorandum and articles of
the company-

(a)the first profit and loss account and balance sheet that
the company shall be required by section 122 of the
Companies Ordinance to lay before the company in
general meeting shall be a profit and loss account for, and a





balance sheet as at the last day of, the financial year of the
company within which the transfer date falls;

(b)the first general meeting that the company shall be required
by section 111 of the Companies Ordinance to hold shall be
held not later than 9 months after the last day of the financial
year referred to in paragraph (a) above; and

(c)the first returns that the company shall be required by
sections 107 and 109 of the Companies Ordinance to make
shall be made as at the date of the general meeting of the
company referred to in paragraph (b) above (or, if earlier, the
date of the first general meeting of the company held after the
transfer date) and forwarded to the Registrar within 28 days
after the date of such meeting.

(3) Section 80(1) of the Companies Ordinance shall take effect in
relation to the company as if the reference therein to---thefixed date'
were a reference to the transfer date.

(4) If the name of the company is changed pursuant to the
requirements of the Companies Act 1980 of the United Kingdom before
the transfer date, then until

(a) the transfer date, or

(b) the first anniversary of the date of the change of name,

whichever is the earlier, any provision of the Companies Ordinance or
any other Ordinance requiring or authorizing the name of the company
to be shown on any document or other object or at any place where the
company carries on business shall apply as if any reference in that
provision to the name of the company were a reference to a name which
either is its name or was its name before such change of name.

6. With effect on and from the transfer date-

(a)the currency of the share capital of the company shall be
converted from pounds sterling to dollars;

(b)each issued and unissued share of 33A pence in the capital of
the company shall be converted into a share of $5;

(c)each issued share of the company shall be deemed to have
been fully paid by capitalizing such part of the amount
standing to the credit of the share premium account of the
company as equals the difference betweeen the aggregate
nominal value of all the issued shares of the company and the
amount treated by the company for accounting purposes as
having been paid up on such shares immediately before the
transfer date;

(d)each certificate then in issue representing shares of 33~ pence
in the capital of the company shall be deemed to represent an
equal number of shares of $5 in the capital of the company;
and





(e)the memorandum of the company shall be in the form set out
in the Schedule.

7. Nothing in this Ordinance contained 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 [ss. 3 & 6.1

MEMORANDUM OF ASSOCIATION

OF

THE HONG KONG AND CHINA GAS COMPANY LIMITED



1. The name of the Company is 'The Hong Kong and China Gas Company
Limited

2. The registered office ofthe Company will be situate in Hong Kong.

3. The objects for which the Company is established are

(A)To make, manufacture, purchase, supply and sell gas in Hong Kong and
in China, and to carry on the business of a gas company in all its
branches and departments in such places or any part of them, and to
make, manufacture, supply and sell materials and by-products which may
result from the manufacture of gas.

(B)To erect and construct gasworks, gasholders, plant, machinery and
apparatus, and to lay all necessary mains and services, and other pipes in
the places aforesaid, or any of them, or any parts thereof.

(C)To manage, demise and let, or agree to demise and let, to accept
surrenders of, to mortgage, sell and absolutely dispose of, to surrender to
the Crown.. to grant rights of way over or otherwise to deal with, all or
any part or parts of the Company's land and hereditaments, messuages
and tenements, or any estate or interest therein respectively.

(D)To acquire and assume for any estate or interest and to take options
over, any property, real or personal, and rights of any kind and the
whole or any part ofthe undertaking, assets and liabilities of any person.

(E)To manufacture, process, import, export, deal in and store any goods
and other things and to carry on the business of manufacturers,
processors, importers, exporters, and storers of and dealers in any goods
and other things.

(F)To acquire and exploit lands, mines and mineral rights and to acquire,
explore for and exploit any natural resources and to carry on any
business involving the ownership or possession of land or other
immovable property or buildings or structures thereon and to construct,
erect, install, pull down, rebuild, enlarge, alter and maintain buildings,
plant and machinery and to carry on business as builders, contractors and
engineers.

(G)To provide services of all descriptions and to carry on business as
advisers, consultants, brokers and agents of any kind.

(H)To invest money of the Company in any investments and to hold, sell
or otherwise deal with such investments.







(1) To acquire and carry on any business carried on by a subsidiary or a

holding company of the Company or another subsidiary of a holding

company ofthe Company.





(J) To render advisory, investigatory, supervisory, managerial, technical,

cultural, artistic, entertainment, educational, business, investment, con-
sultancy and other facilities or services of every kind and description and
to carry on any business involving any such provision.

corporation, or any charitable or other institution in any part of the
world and whether incorporated or not and to manage, deal with and turn
to account, any real and personal property of any kind, and in particular,
shares, personal property, stocks, debentures, debenture stock, notes,
securities, options, policies, book debts, claims and choses-inaction,
lands, buildings, hereditaments, business concerns and undertakings,
mortgages, charges, annuities, patents, licences, and any interest in any
real or personal property, and any claims against such property or
against any person, firm or corporation.

to any person.

person and to obtain from any such government or authority or person
any legislation, orders, rights, privileges, franchises and concessions and
to carry out, exercise and comply with the same.

on the business of banking as defined junder the Banking Ordinance) and
to secure or discharge any debt or obligation in any manner and in
particular (without prejudice to the generality of the foregoing) by
mortgages of or charges upon all or any part of the undertaking,
property and assets (present and future) and uncalled capital of the
Company or by the creation and issue of securities.

than fire, life and marine insurance) and in particular (without prejudice
to the generality of the foregoing) to guarantee, support or secure, with
or without consideration, whether by personal obligation or mortgaging
or charging all or any part of the undertaking, property and assets
(present and future) and uncalled capital of the Company or by both such
methods or in any other manner, the performance of any obligations or
commitments of, and the repayment or payment of the principal
amounts of and any premiums, interest, dividends and other moneys
payable on or in respect of any securities or liabilities of, any person,
including (without prejudice to the generality of the foregoing) any
company which is for the time being a subsidiary or a holding company
of the Company or another subsidiary of a holding company of the
Company or otherwise associated with the Company.

arrangement with, and to co-operate or participate in any way with, and
assist or subsidise any person.

negotiate and deal in bills of exchange, promissory notes, and other
instruments and securities, whether negotiable or otherwise.

service marks and names, designs, patents, patent rights, inventions and
secret processes and to carry on the business of an inventor, designer or
research organization.

(S) To sell, exchange, mortgage, charge, let on rent, share of profit, royalty
or

otherwise, grant licences, easements, options, servitudes and other rights






over, and in any other manner deal with, or dispose of, all or any part
of the undertaking, property and assets (present and future) of the
Company for any consideration and in particular (without prejudice to
the generality of the foregoing) for any securities.

part payment for any real or personal property purchased or otherwise
acquired by the Company or any services rendered to the Company or as
security for any obligation or amount (even if less than the nominal
amount of such securities) or for any other purpose.

rendered or to be rendered in placing or procuring subscriptions of, or





otherwise assisting in the issue of, any securities of the Company or in
or about the transfer of registration of the Company or the conduct
or course of its business, and to establish or promote, or concur or
participate in establishing or promoting, any company, fund or trust
and to subscribe for, underwrite, purchase or otherwise acquire securities
of any company, fund or trust and to carry on the business of
company, fund, trust or business promoters or managers and of
underwriters or dealers in securities and to act as director of and as
secretary, manager, registrar or transfer agent for any other company
and to act as trustees of any kind and to undertake and execute any
trust.

(Y)To pay all the costs, charges and expenses preliminary and incidental to
the transfer of the registration of the Company to, and the
incorporation of the Company in, Hong Kong and to procure the
registration or incorporation of the Company in or under the laws of
any place outside Hong Kong.

(W)To grant pensions, annuities or other allowances, including allowances
on death, to any directors, officers or employees or former directors,
officers or employees of the Company or any company which at any
time is or was a subsidiary or a holding company of the Company or
another subsidiary of a holding company of the Company or otherwise
associated with the Company or of any predecessor in business of any of
them, and to the relations, connexions or dependants of any such
persons, and to other persons whose service or services have directly or
indirectly been of benefit to the Company or who the Company
considers have any moral claim on the Company or to their relations,
connexions or dependants, and to establish or support any associations,
institutions, clubs, schools, building and housing schemes, funds and
trusts, and to make payments towards insurances or other arrangements
likely to benefit any such persons or otherwise advance the interests of
the Company or of its Members, and to subscribe, guarantee or pay
money for any purpose likely, directly or indirectly, to further the
interests of the Company or of its Members or for any national,
charitable, benevolent, educational_ social, public, general or useful
object.

(X)To cease carrying on or wind up any business or activity of the
Company, and to cancel any registration of and to wind up or procure
the dissolution of the Company in any state or territory.

(Y)To distribute any of the property of the Company among its creditors
and Members in specie or kind.

(Z)To do all or any of the things or matters aforesaid in any part of the
world and either as principals, agents, contractors, trustees or otherwise
and by or through trustees, agents or otherwise and either alone or in
conjunction with others.

(AA)To carry on any other business or activity and do anything of any
nature which in the opinion of the Company is or may be capable of
being conveniently carried on or done in connexion with the above, or
likely directly or indirectly to enhance the value of or render more
profitable all or any part of the Company's undertaking, property or
assets or otherwise to advance the interests of the Company or of its
Members.

(BB)To do all such other things as in the opinion of the Company are or
may be incidental or conducive to the attainment of the above objects
or any of them.

And it is hereby declared that 'company' in this clause, except where used in
reference to the Company, shall include any partnership or other body of persons,
whether incorporated or not incorporated, and whether formed, incorporated,






domiciled or resident in Hong Kong or elsewhere, 'person' shall include any
company as well as any other legal or natural person, securities shall include any
fully, partly or nil paid share, stock, unit, debenture, debenture or loan stock,
deposit receipt, bill, note, warrant, coupon, right to subscribe or convert, or similar
right or obligation, 'and' and 'or' shall mean 'and/or' where the context so
permits, ,.other' and 'otherwise' shall not be construed ejusdem generis where a
wider construction is possible, and the objects specified in the different paragraphs
of this clause shall not, except where the context expressly so requires, be in any
way limited or restricted by reference to or inference from the terms of any other
paragraph or the name of the Company, but may be carried out in as full and
ample a manner and shall





be construed in as wide a sense as if each of the said paragraphs defined the objects of
a separate, distinct and independent company.
4. The liability of the Members of the Company is limited.

5. The share capital of the Company is $225,000,000 divided into 45,000,000
shares of $5 each and the Company shall have the power to divide the original or any
increased capital into several classes, and to attach thereto any preferential, deferred,
qualified or other special rights, privileges, restrictions or conditions.
Originally 16 of 1982. Short title. Interpretation. (Cap. 32.) (1856 c. 47.) (1980 c. 22.) Delivery of documents to Registrar and fee. (Cap. 32.) (1856 c. 47.) Schedule. Deemed incorporation under Companies Ordinance. (Cap. 32.) Application of Companies Ordinance to the company. (Cap. 32.) (1980 c. 22.) Share capital and memorandum. Schedule. Saving. [ss. 3 & 6.]

Abstract

Originally 16 of 1982. Short title. Interpretation. (Cap. 32.) (1856 c. 47.) (1980 c. 22.) Delivery of documents to Registrar and fee. (Cap. 32.) (1856 c. 47.) Schedule. Deemed incorporation under Companies Ordinance. (Cap. 32.) Application of Companies Ordinance to the company. (Cap. 32.) (1980 c. 22.) Share capital and memorandum. Schedule. Saving. [ss. 3 & 6.]

Identifier

https://oelawhk.lib.hku.hk/items/show/3490

Edition

1964

Volume

v26

Subsequent Cap No.

1022

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:36:00 +0800
<![CDATA[THE HELENA MAY INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3489

Title

THE HELENA MAY INCORPORATION ORDINANCE

Description






LAWS. OF HONG KONG

THE HELENA MAY INCORPORATION ORDINANCE

CHAPTER 1021





CHAPTER 1021

THE HELENA MAY INCORPORATION

To provide for the incorporation of The Helena May. (Amended, 78 of
1974, s. 2)

[17th January, 1947.1

1. This Ordinance may be cited as The Helena May Incorporation
Ordinance.

(Amended, 78 of 1974, s. 3)

2. In this Ordinance, unless the context otherwise requires

'constitution' means the constitution of The Helena May as set forth in
the Schedule and any amendment or variation thereof approved by
the Governor which may be made thereunder;

'council' means the council for the time being of The Helena May
appointed in accordance with the constitution.

(Amended, 78 of 1974, s. 4)

3. (1) The members of the council of The Helena May and their
successors in office as hereinafter defined shall be a body corporate,
hereinafter called the corporation, and shall have the name of 'The
Helena May', and in that name shall have perpetual succession and
shall and may sue and be sued in all courts in the Colony and shall and
may have and use a common seal. (Amended, 78 of 1974, s. 5)

(2) Members of the council shall be appointed in accordance with
the constitution, and shall for the periods of their respective
appointments be members of the corporation. (Amended, 9 of 1950,
Schedule)

(3) The corporation shall from time to time and at all times inform
the Registrar of Companies of all changes in the membership of the
council. (Amended, 78 of 1974, s. 5)

(4) The council shall be held to be legally constituted
notwithstanding any vacancies occurring therein by the death, absence,
resignation or incapacity of any member or by any other cause.

4. (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 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 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 and chattels which are for the time being
vested in or belonging to the corporation and to borrow money, give
receipts, guarantees and indemnities, upon such terms as to the
corporation may seem fit. (Amended, 78 of 1974, s.6)

(3) Notwithstanding the provisions of subsection (2), the
corporation shall not sell, convey, assign or dispose of the lands vested
in the corporation or any buildings thereon or any part thereof to any
person without the written licence of the Governor and if the said lands
and buildings or any part thereof shall at any time cease to be used for
the purposes of the corporation in accordance with the provisions of the
constitution the said lands and buildings or part thereof, as the case may
be, shall revert to the Crown. (Amended, 78 of 1974, s. 6)

5. All deeds and other instruments requiring the common seal of the
corporation shall be sealed in the presence of 2 members of the council
and shall be signed by such 2 members and the secretary for the time
being.

6. All matters of internal management shall be settled and carried
out in accordance with the constitution.

7. 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. 2.]

CONSTITUTION
OF
THE HELENA MAY

GENERAL POLICY

1. This constitution may be cited as the Constitution of The Helena May.

2. In this constitution, unless the context otherwise requires'Ordinance- means
The Helena May Incorporation Ordinance; 'secretary' means the secretary for the
time being of the corporation.

3. The object of the corporation shall be to provide for the welfare of women
and girls in Hong Keng and for that purpose to

(a)furnish and maintain the premises from time to time belonging to the
corporation;

(b) provide therein board and lodging and the amenities of a club; and

(c)conduct' or carry on therein or in connexion therewith all such lawful,
social, educational, religious or other activities as may be incidental or
conducive to the attainment of the object of the corporation.





4. The corporation shall not engage in any political activities or permit its
name or promises to be used in connexion therewith.

5. The corporation may permit its premises to be used upon such terms as
may be agreed upon for the delivery and holding of lectures, exhibitions, public
meetings, conferences and gatherings of a like nature approved by the corporation.

6. Save as aforesaid the income and property of the corporation,
whencesoever derived, shall be used and applied solely towards the promotion of
the object of the corporation.

MEMBERSHIP

7. There shall be 2 categories of members of the association conducted by the
corporation, namely

(a)residential members, that is to say members living in the premises owned
or managed by the corporation (hereinafter called the premises); and

(b)subscriber members, that is to say members not living in the premises but
to whom the club amenities are available.

8. (1) An applicant for admission as a residential member may, in the absolute
discretion of the council, be admitted as such either on the affirmative votes of a
majority of the members of the council present at any meeting of the council or
on the affirmative votes of a majority of the members for the time being of the
council notified by such members in writing to the secretary.

(2) Every applicant for subscriber membership shall be proposed by 1
subscriber member and seconded by another subscriber member, both being able
from personal knowledge to vouch for her fitness for membership. The application
shall be sent to the secretary who shall forthwith enter the name, address and
occupation of the applicant and the names of the proposer and seconder in a book
to be kept for that purpose, and shall post a notice of the application giving the
like particulars in a prominent place at or near the entrance of the premises.

(3) It shall be competent for the council to establish itself as a balloting
committee or to delegate the balloting for new members to a balloting sub-
committee (and in the case of any such delegation any decision of the balloting sub-
committee shall be final and not subject to ratification notwithstanding the
provisions of paragraph 26). In the event that the council shall so decide the
balloting committee or sub-committee shall be governed by paragraphs 9 and 10.

9. (1) The balloting committee or sub-committee shall be deemed to be
lawfully constituted notwithstanding any vacancies therein arising through any
vacancy or any other cause.

(2) The balloting committee shall choose its own chairman from among the
members of that committee

(3) No member of the balloting committee shall on any occasion vote by
proxy.

10. (1) After the expiration of not less than 7 days after the posting of the
notice referred to in paragraph 8(2) the ballot shall be open between the hours of
10 a.m. and 7 p.m. for 5 days, exclusive of Sundays.

(2) The ballot box shall then be opened in the presence of 2 members of the
balloting committee or sub-committee.

(3) In the event of less than 5 members having balloted affirmatively within
the said period of 5 days, the chairman or any 3 members of the balloting
committee may direct that the ballot shall remain open for a further period of 5
days immediately succeeding the original period of the ballot.







(4) Should 5 members not have recorded their votes affirmatively before the
conclusion of the ballot the applicant shall be deemed not to have been elected.





(5) Not less than. 5 affirmative votes shall constitute a ballot and 1 negative
vote in 5 shall exclude.

(6) The number of votes shall not be disclosed.

11. (1) On the election of a member she shall be notified in writing and shall
forthwith sign the roll of members and shall thereupon be deemed to have agreed to
be bound by the terms of the constitution and by the rules for the time being in
force.

(2) If at any time after an applicant has been accepted as a residential or
subscriber member the council shall ascertain that she has been elected under any
misrepresentation, then the council shall, after inquiry and notice to the person so
elected, have power to erase her name from the roll of residential or subscriber
members (as the case may be) and she shall forthwith cease to be a member.

(3) No applicant proposed and not elected shall be proposed again until after
the expiration of 3 months. The secretary shall give notice in writing to the
proposer and seconder of any applicant who fails to gain membership.

(4) The council may in its discretion permit any person who has been duly
proposed and seconded as a residential or subscriber member to enjoy the rights and
privileges of a member pending election on such terms as it shall think fit.

(5) The council may from time to time fill any casual vacancies in the
balloting. sub-committee that may occur.

12. (1) A residential member shall pay to the corporation all such charges as
the council shall prescribe for board, lodging and incidentals. Every residential
member shall throughout her period of residence have and enjoy all the obligations
and privileges of a subscriber member other than the election of council members
under paragraphs 20 and 32.

(2) A subscriber member shall pay to the corporation as from the beginning of
the month during which she is admitted to membership such monthly or other
subscription and other charges as the council may specify.

(3) All members shall comply with the by-laws.

13. (1) If any member shall fail to pay any moneys due from her to the
corporation as and when payment thereof shall be required, the council may strike
her name off the roll of residential or subscriber members as the case may be.

(2) If any member shall in the opinion of three-fourths of those members of
the council present at a meeting duly convened for the consideration of the matter
have behaved, either in the premises or elsewhere, in a manner calculated unduly to
inconvenience the other members or likely to be injurious to the reputation or
interests of the corporation or the association conducted by the corporation, the
council may call upon her to resign forthwith and if she shall fail to resign may
strike her name off the roll of members or, if the council so: thinks fit, may
suspend her membership for a period not exceeding 6 months. The decision of the
council shall for all purposes be final and conclusive.

(3) A member whose name is struck off the roll of members and a member
whose membership is suspended shall forthwith forfeit, or, as the case may be, shall
forthwith forfeit for the duration of the suspension, all right to the use of the
premises and any claim upon any property of the corporation, but the council may,
for cause shown, reinstate any such member.

14. A residential member who ceases to reside in the premises shall be deemed,
subject to the payment of the appropriate subscription and other moneys due (if
any), to become a subscriber member, unless she ceases to reside in the premises as
a result of action taken by the council under paragraph 11(2) or paragraph 13(1) or
(2) or unless she informs the secretary in writing that she does not wish to become
a subscriber member.











15. (1) A subscriber member who may be leaving the Colony for 3 or
more months at a time shall give notice to the secretary that she desires her name
to be placed on the list of absent members and thereupon shall not be liable to pay
the subscriber member's subscription for those complete months during which she
shall be absent from the Colony, but shall pay the full monthly subscription for any
parts of months during which she is resident in the Colony.

(2) A subscriber member whose name has not been placed on the absent
members list and who shall be absent from the Colony for more than 8 months at a
time without paying her subscription and an absent member who shall be absent
from the Colony for more than 2 years at a time shall be deemed to have resigned.

16. No member whose subscription is in arrear or who shall have failed to pay
any moneys due from her to the corporation shall be competent to propose or
second any applicant for membership or bring a visitor to the premises or to vote
on any occasion whatsoever.'

17. A subscriber member may relinquish her membership by giving notice to
the secretary but will be held liable for the subscription for the month in which
notice is given.

MANAGEMENT

18. The management of the affairs of the corporation shall be vested in the
council.

19. Subject to the provisions of the Ordinance, the council shall consist of not
more than 20 and not less than 10 members of whom

(a)not more than 15 nor less than 8 shall he subscriber members resident in
the Colony at the time of their appointment;

(b)not more than 5 nor less than 2 shall be residential members at the time
of their appointment.

20. (1) Any 2 subscriber members shall be at liberty to nominate a subscriber
member to serve upon the council (having first obtained her consent) and such
nomination shall be lodged with the secretary and posted on the notice board in the
premises not less than 2 clear days before the date of the annual general meeting.

(2) If the number of subscriber members so nominated does not exceed the
maximum number mentioned in sub-paragraph (a) of paragraph 19, the persons
nominated in respect of that class may be elected en bloc by resolution of the
subscriber members at the annual general meeting.

(3) If the number does exceed the maximum number specified in subparagraph
(a) of paragraph 19, then balloting lists of the names of the persons so nominated
of that class shall be circulated and each subscriber member present at the annual
general meeting shall hand in her list with the number of names unerased not
exceeding the maximum number specified in the said sub-paragraph (a). The
persons gaining in the respective classes the greatest number of votes shall be
deemed to be elected.

(4) A subscriber member whose name is placed on the absent members list or
who is absent from the Colony for more than 3 months at a time or who resigns,
shall forthwith cease to be a member of the council.

21. (1) Not less than 14 days before the date fixed for the annual general
meeting, the secretary shall give notice converting a meeting of the residential
members to be held not less than 7 days before the annual general meeting for the
purpose of electing members of the council from among their number in
accordance with paragraph 19(b).

(2) Any 2 residential members shall be at liberty to nominate residential
members to serve upon the council (having first obtained their consent).







(3) Nominations shall be lodged with the secretary not less than 2 clear days
before the date for which the meeting is convened and the names of those
nominated shall be posted on the notice board in the premises





(4) If the number of persons nominated. doe not exceed the maximum number
mentioned in sub-paragraph (b) of paragraph 19, the members nominated may be
elected en bloc by resolution at the meeting of residential members.

(5) If the number nominated does exceed the maximum number mentioned in
sub-paragraph (b) of paragraph 19 then balloting lists giving the names of those
nominated shall be distributed to the residential members present at the meeting and
they shall hand in their lists with the number of names unerased the maximum
number specified in the said sub-paragraph (b), and the persons nominated and
securing the greatest number of votes shall be deemed to be elected.

(6) A residential member of the council who ceases to reside in the premises
shall forthwith cease to be a member of the council.

22. Members of the council shall hold office from the date of the annual
meeting at which the subscriber members are elected until the newly elected
members come into office at or after the next annual general meeting. Members of
the council shall be eligible for re-election.

23. (1) Whenever the seat of any member of the council shall become vacant
from any cause whatsoever or it shall be considered expedient for any reason to
increase the number of council members holding office for the time being (due
regard being given always that the numbers shall- not exceed those specified by
paragraph 19) the remaining members of the council may appoint some person to
be a member of the council in the place of the member whose seat has become
vacant, due regard being had to the proportion of members of different categories
specified by paragraph 19.

(2) Such person shall hold her place in the council until the next annual
general meeting.

24. (1) The council shall choose its own chairman and vice-chairman from
among its members.

(2) Five members of the council personally present shall be a quorum for a
meeting of the council.

25. The council may appoint an honorary secretary or an honorary treasurer
and such other officers and servants (whether honorary, or paid including a paid
secretary or treasurer) as it may deem necessary and at such remuneration as it
shall think fit.

26. The council may form such sub-committees as it may think fit for- the
management of the affairs of the corporation or the association and may delegate
to such sub-committees such powers as the council may deem expedient but the
decisions of such sub-committees shall be referred to the council for ratification.

27. (1) The council may make all necessary rules for the regulation and
management of the affairs of the corporation and in particular (but without
prejudice to the generality of the foregoing) may make rules for all or any of the
following matters

(a) the conduct of the business at meetings;

(b) the forms to be used for application for membership;

(c) the number of persons to be admitted to membership;

(d) the conduct of ballots for membership;

(c) the amount and time for payment of subscriptions and other charges;

(f) the admission of and privileges to be extended to visitors; and

(g) the regulation of the conduct of residential and subscriber members,







and may from time to time amend, vary, rescind, or suspend any rules made and
make or issue new rules.

(2) All rules made by the council and any amendment, variation, rescission or
suspension thereof shall be entered in a book to be kept by the secretary for that
purpose, and such book shall be open at all reasonable times to the inspection of all
members and visitors.





MEETINGS

28. The annual general meeting of the residential and subscriber members shall
be held in the month of October in each year or as soon thereafter as may be
possible, at the premises on a date and at a time to be fixed by the council.

29. (1) The council may whenever it considers it necessary or advisable so to
do and shall on the requisition in writing signed by any 20 members forthwith
proceed to convene an extraordinary general meeting of the whole of the members
or of the residential members or the* subscriber members according to the nature
of the business to be transacted.

(2) A requisition under this paragraph shall state the nature of the business for
which the meeting is to be convened and a copy thereof shall be posted in a
prominent place in the premises together with a copy of the notice convening
the meeting.

30. A notice of the convening of the annual general meeting and of every
extraordinary general meeting shall be sent to every member concerned, other than
absent members, at her last known address in the Colony not less than 10 days
before the date of such meeting, but the accidental omission to send such notice to
any of the members shall not invalidate any resolution passed or any proceedings at
such meeting.

31. Any member desiring to bring any proposal before an annual or
extraordinary general meeting shall give notice thereof in writing to the secretary
not less than 3 days before such meeting.

32. All decisions of the annual general meeting or of an extraordinary general
meeting shall be arrived at by a majority of the votes of the members present at
such meeting but no residential member shall be competent to vote on the election
of members of the council other than that for the residential members of the
council as provided in paragraph 21.

33. Ten members whether residential or subscriber personally present shall be
a quorum for an annual or extraordinary general meeting and no voting by proxy
shall be allowed.

AMENDMENT OF THE CONSTITUTION

34. (1) No proposal for the alteration, amendment or rescission of the
constitution shall be entertained unless notice thereof in writing shall have been
given to the secretary not less than 7 days before the date fixed for holding the
annual general meeting. Alternatively if the council shall consider that it is
expedient to put forward a proposal for alteration, amendment or rescission of the
constitution at any other time, the council may require the secretary to and the
secretary shall therefor convene an extraordinary meeting of members of which at
least 14 days notice shall be given to all members together with the substance of
the proposed alteration or rescission.

(2) The notice given to the secretary shall state the substance of the proposed
alteration. amendment or rescission, and a copy of the notice shall be posted in a
prominent place in the premises not less than 3 clear days before the annual
general meeting.

(3) On the consideration of a proposal for the alteration, amendment or
rescission of the constitution it shall be competent for the meeting to consider, and
decide upon any amendment which may be put to such proposal.

35. No alteration, amendment or rescission shall be made in this constitution
unless the same shall have been carried by a majority consisting of at least two-
thirds of the members present at an annual or extraordinary general meeting of the
members and voting thereon.

36. No alteration amendment or rescission of the constitution shall come






into operation until the same shall have been approved by the Governor.





ACCOUNTS

37. The council shall cause true accounts to be kept of the moneys received
and expended and of the assets, credits and liabilities of the corporation.

38. The accounts shall be made up to the 31st August in each year and the
council shall cause a balance sheet containing a summary of the property and
liabilities of the corporation to be prepared and audited.

39. Not less than 10 days before each annual general meeting a printed copy
of the balance sheet, profit and loss account and report by the council shall be sent
to every member except members whose names are on the absent members list.

INDEMNITY

40. Every member of the council and every officer or servant of the
corporation shall be indemnified by the corporation against, and it shall be the duty
of the corporation out of the funds of the corporation to pay, all costs, losses and
expenses which any such member, officer or servant may incur or become liable to
by reason of any contract entered into or act or deed done as such member, officer
or servant or in any way in the discharge of his or her duties and in connexion with
which such member, officer, or servant has not been guilty of any negligence,
default, breach of trust or breach of duty whatsoever.

(Schedule replaced. -78 of 1974, s. 7)
Originally 3 of 1947. (Cap. 284, 1950.) 9 of 1950. 78 of 1974. Short title. Interpretation. [cf. Cap. 1054.] Schedule. Incorporation. Powers of the corporation. Execution of documents. Internal management. Saving. (Cap. 1021.) (Schedule replaced, 78 of 1974, s. 7)

Abstract

Originally 3 of 1947. (Cap. 284, 1950.) 9 of 1950. 78 of 1974. Short title. Interpretation. [cf. Cap. 1054.] Schedule. Incorporation. Powers of the corporation. Execution of documents. Internal management. Saving. (Cap. 1021.) (Schedule replaced, 78 of 1974, s. 7)

Identifier

https://oelawhk.lib.hku.hk/items/show/3489

Edition

1964

Volume

v26

Subsequent Cap No.

1021

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:35:59 +0800
<![CDATA[HONG KONG GIRL GUIDES ASSOCIATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3488

Title

HONG KONG GIRL GUIDES ASSOCIATION ORDINANCE

Description






LAWS OF HONG KONG

HONG KONG GIRL GUIDES ASSOCIATION

ORDINANCE

CHAPTER 1020





CHAPTER 1020
HONG KONG GIRL GUIDES ASSOCIATION ORDINANCE

ARRANGEMENT OF SECTIONS

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

1. Short title ................................ ... ... ... ... ... ... 2
2. interpretation ............................. ... ... ... ... ... ... ... 2

3. Distribution of badges ..................... ... ... ... ... ... ... 2

4. Unauthorized possession of badges .......... ... ... ... ... ... ... 2
5. Possession of unauthorized badges .......... ... ... ... ... ... ... 2

6. Wrongful exercise of authority ............. ... ... ... ... ... ... 3

7. Unauthorized bodies ........................ ... ... ... ... ... ... 3

8. Offences .................................. ... ... ... ... ... ... ... 3
9. Incorporation ............................. ... ... ... ... ... ... ... 3

10................Powers of Association ....... ... ... ... ... ... ... ... ... ... ... 4
11................Execution of documents....... ... ... ... ... ... ... ... ... ... ... 4
12................Internal management ......... ... ... ... ... ... ... ... ... ... 4

13. Saying..................................... ... ... ... ... ... ... ... 4





CHAPTER 1020

HONG KONG GIRL GUIDES ASSOCIATION

To incorporate the Hong Kong, Girl Guides Association and to further
and protect its activities. (Replaced, 71 of 1978, s. 2)

[6th December, 1935.]

1. This Ordinance may be cited as the Hong Kong Girl Guides
Association Ordinance.

(Amended, 71 of 1978, s. 3)

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

'Association' means the Hong Kong Girl Guides Association
incorporated by this Ordinance;

'Constitution' means the constitution for the time being of the
Association and all rules made thereunder;

'Girl Guide' includes Brownie Guide, Guide and Ranger Guide
recognized as such under the rules of the Association and all
persons recognized as officers of the Association under the
Constitution.

(Replaced, 71 of 1978, s. 4)

3. No person other than the Association shall distribute or sell or
expose for sale

(a)any badge, token or emblem specifically adopted by the
Association for use by Girl Guides; or

.(b)any badge, token or emblem containing the words 'Girl
Guides' or the characters

(Amended, 34 of 1967, s. 2 and 71 of 1978, s. 5)

4. No person shall, except with the authority of the Association or
with lawful authority or lawful excuse, have in his possession

(a)any badge, token or emblem specifically adopted by the
Association for use by Girl Guides; or

(b)any badge, token or emblem containing the words 'Girl
Guides' or the characters

(Amended, 34 of 1967, s. 2 and 71 of 1978,. s. 6)

5. 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 Association for use by Girl
Guides as to lead to the belief that the device in question is
such badge, token or emblem; or (Amended, 71 of 1978. s. 7)





(b)any badge, token or emblem containing any words or
characters so closely resembling any words or characters
ordinarily used to describe any Girl Guide as to be calculated to
deceive or mislead.

6. No Girl Guide shall, by virtue of her wearing, carrying or bearing
any badge, token or emblem of the Association or otherwise, attempt to
enforce or exercise authority otherwise than in accordance with the
Constitution of the Association.

(Amended, 71 of 1978, s. 8)

7. (1) No person shall form or work in connexion with or be a
member of any organization which, without authority from the
Association-

(a)claims or purports to be 'Girl Guides' or which uses any of the
following titles

(i) 'Girl Guides' or the equivalent Chinese title thereof that
is to say

(ii) 'The Hong Kong Girl Guides Association' or the
equivalent Chinese title thereof that is to say

(iii) 'Hong Kong Girl Guides' or the equivalent Chinese title
thereof that is to say

(iv) 'Brownie Guides' or the equivalent Chinese title
thereof that is to say

(v) 'Ranger Guides' or the equivalent Chinese title thereof
that is to say or

(vi) any other title in any language, with or without
additional characters, which so closely resembles any of the
said titles as to be calculated to deceive or mislead; or

(b)by the use of any such title or otherwise purports or claims to
be connected with the Association.

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

(Amended, 34 of 1967, s. 2 and 71 of 1978, s. 9)

8. Any person who contravenes section 3, 4, 5, or 7 commits an
offence and is liable to a fine of $5,000.

(Replaced, 71 of 1978, s. 10)

9. The President, the Vice Presidents, the Chief Commissioner, the
Deputy Chief Commissioners, the Assistant Chief Commissioners, the
Honorary Secretary and the Honorary Treasurer for the time being shall
be a body corporate and shall have the name of the Hong Kong Girl
Guides Association and in that name





shall have perpetual succession and may sue and be sued in all courts
and may have and use a common seal.

(Replaced, 71 of 1978, s. 11)

10. Subject to the provisions of the Constitution, the Association
shall have all the powers of a natural person of full age and legal
capacity.

(Replaced, 71 of 1978, s. 12)

11. All deeds and other instruments requiring the seal of the
Association shall be sealed in the presence of, and shall be signed by,
the Chief Commissioner and either a Deputy Chief Commissioner or an
Assistant Chief Commissioner.

(Replaced, 71 of 1978. s. 13)

12. All matters of internal management shall be settled and carried
out in accordance with the Constitution.

(Amended, 71 of 1978, s. 14)

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, and nothing herein contained shall be deemed to authorize any
change in the general spirit of the Girl Guide Movement as incorporated
by the founder, the late Lieut.-General Lord Baden-Powell, G.C.V.O.,
K.C.B., F.R.G.S., D.C.L., LL.D., and embodied in his book 'Girl Guiding'.

(Amended, 71 of 1978, s. 15)
Originally 51 of 1935. (Cap. 283, 1950.) 26 of 1952. 34 of 1967. 6 of 1975. 71 of 1978. Short title. Interpretation. Distribution of badges. Unauthorized possession of badges. Possession of unauthorized badges. Wrongful exercise of authority. Unauthorized bodies. Offences. Incorporation. Powers of Association. Execution of documents. Internal management. Saving.

Abstract

Originally 51 of 1935. (Cap. 283, 1950.) 26 of 1952. 34 of 1967. 6 of 1975. 71 of 1978. Short title. Interpretation. Distribution of badges. Unauthorized possession of badges. Possession of unauthorized badges. Wrongful exercise of authority. Unauthorized bodies. Offences. Incorporation. Powers of Association. Execution of documents. Internal management. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3488

Edition

1964

Volume

v26

Subsequent Cap No.

1020

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:35:58 +0800
<![CDATA[MARYKNOLL SISTERS OF ST. DOMINIC INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3487

Title

MARYKNOLL SISTERS OF ST. DOMINIC INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

MARYKNOLL SISTERS OF ST. DOMINIC

INCORPORATION ORDINANCE

CHAPTER 1019





CHAPTER 1019

MARYKNOLL SISTERS OF ST. DOMINIC
INCORPORATION

To providefor the incorporation of the Administrator in Hong Kong

qf the Maryknoll Sisters of St. Dominic commonly known as
Maryknoll Sisters. (Amended, 40 of 1955, s. 2 and 18 of
1975,s.2)
[27th July, 1934.]

1. This Ordinance may be cited as the Maryknoll Sisters of St.
Dominic Incorporation Ordinance.

(Amended, 40 of 1955, s. 2)

2. The Administrator for the time being in the Colony of Hong
Kong of the Maryknoll Sisters of St. Dominic shall be a corporation sole,
hereinafter called the corporation, and shall have the name of 'The
Administrator in Hong Kong of the Maryknoll Sisters of St. Dominic'
and in that name shall have perpetual succession and shall and may sue
and be sued in all courts in the Colony and shall and may have and use
a common seal.

(Amended, 40 of 1955, s. 2 and 18 of 1975, s. 3)

3. (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 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, company or
person, and also to purchase, acquire and possess vessels and other
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, or vessels or other goods and chattels, which are
for the time being vested in or belonging to the corporation, upon such
terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever transferred to the
corporation in any manner whatsoever shall in the event of the death of
the Administrator for the time being in Hong Kong of the Maryknoll
Sisters of St. Dominic, or in the event of her ceasing to hold office as
such Administrator, pass to her successor in such office when
appointed.

(Amended, 40 of 1955, s. 2 and 18 of 1975, s. 3)





5. (1) When any person, is' 'appointed to the office of
Administrator in Hong Kong of the Maryknoll Sisters of St. Dominic
such person shall within 3 weeks after her appointment or within such
further time as may be allowed by the Governor furnish to the Governor
satisfactory evidence of her appointment. (Amended, 40 of 1955, s. 2
and 18 of 1975, s. 3)

(2) 'A notification in the Gazette under the hand of the Colonial
Secretary that such evidence has been furnished to the Governor by
such person shall be conclusive evidence of such appointment.

6. All deeds and other instruments requiring the seal of the
corporation shall be scaled in the presence of the said Administrator or
her attorney and shall be signed by her or her attorney, and such
signing shall be taken as sufficient evidence of the due sealing of such
deeds and other instruments. and all deeds, instruments and other
documents and writings requiring the signature of the corporation shall
be signed by such Administrator or her attorney.

(Amended, 18 of 1975, s. 3)

7. 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 20 of 1934. (Cap. 282, 1950.) 40 of 1955. 18 of 1975. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Administrator. Execution of documents. Saving.

Abstract

Originally 20 of 1934. (Cap. 282, 1950.) 40 of 1955. 18 of 1975. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of Administrator. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3487

Edition

1964

Volume

v26

Subsequent Cap No.

1019

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:57 +0800
<![CDATA[DOMINICAN MISSIONS ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3486

Title

DOMINICAN MISSIONS ORDINANCE

Description






LAWS OF HONG KONG

DOMINICAN MISSIONS ORDINANCE

CHAPTER 1018





CHAPTER 1018.

DOMINICAN MISSIONS.

To provide for the incorporation of the Procurator in the Colony

for the Dominican Missions in the Far East.

[7th May, 1886.]

1. This Ordinance may be cited as the Dominican Missions
Ordinance.

(Amended, 5 of 1924, s. 6, and 43 of 1912, Schedule)

2. The procurator in the Colony for the Dominican Missions having
placed in the hands of the Governor satisfactory proof of his
appointment shall be a body corporate, hereinafter called the
corporation, and shall have the name of 'The Procurator in Hong Kong
for the Dominican Missions in the Far East', and by that name shall
have perpetual succession, and shall and may sue and be sued in all
courts in the Colony, and shall and may have and use a common seal,
and the said seal may break, change, alter, and make anew as to the said
corporation may seem fit; and the said corporation shall have full 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 in the Colony, and also to invest moneys on
mortgage of any lands, buildings, messuages, or tenements in the
Colony or on the mortgages or debentures, stock, funds, shares, or
securities of any corporation or company carrying on business or
having an office in the Colony, and also to purchase and acquire all
manner of goods and chattels whatsoever., and the said corporation is
hereby further empowered by deed under its seal, to grant, sell, convey,
assign, surrender and yield up, mortgage, demise, reassign, transfer, or
otherwise dispose of any lands, buildings, messuages, and tenements,
mortgages, debentures, stock, funds, and securities, goods and
chattels, that may be vested in the said corporation, upon such terms as
to the said corporation may seem fit:

Provided that due notice of appointment as Procurator in the
Colony, and of the proof thereof having been placed in the hands of the
Governor, shall be given in the Gazette.

(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule, and
63 of 1911, Schedule)

3. All deeds and other instruments requiring the seal of the said
corporation shall be sealed in the presence of the said Procurator or his
attorney duly authorized, and shall also be signed by him.

(Amended, 50 of 1911; 51 of 1911; 62 of 1911, Schedule, and
63 of 1911, Schedule)





4. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Suc-
cessors, 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.
(Replaced, 37 of 1950, Schedule)
Originally 14 of 1886. (Cap. 281, 1950.) 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 43 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of Procurator in the Colony for Dominican Missions in the Far East. Use of seal of corporation. Saving.

Abstract

Originally 14 of 1886. (Cap. 281, 1950.) 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 43 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of Procurator in the Colony for Dominican Missions in the Far East. Use of seal of corporation. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3486

Edition

1964

Volume

v26

Subsequent Cap No.

1018

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:56 +0800
<![CDATA[DIOCESAN SCHOOL AND ORPHANAGE INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3485

Title

DIOCESAN SCHOOL AND ORPHANAGE INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

DIOCESAN SCHOOL AND ORPHANAGE INCORPORATION

ORDINANCE

CHAPTER 1017





CHAPTER 1017.

DIOCESAN SCHOOL AND ORPHANAGE
INCORPORATION.

To provide for the incorporation of the chairman of the Committee of
the Diocesan School and Orphanage.

[28th May, 1892.]

1. This Ordinance may be cited as the Diocesan School and
Orphanage Incorporation Ordinance.

(Amended, 5 of 1924, s. 6)

2. The Chairman of the Committee of the Diocesan School
and Orphanage shall be a body corporate, and shall have the name
of 'The Chairman of the Committee of the Diocesan School and
Orphanage-, and by that name shall have perpetual succession,
and shall and may sue and be sued in all courts. and shall and
may have and use a common seal, and the said seal may break,
change, alter, and make. anew as to the said corporation may seem
fit. and the said corporation shall have full power to acquire,
accept leases of, purchase, take, hold, and enjoy any lands, build-
ings, messuages, or tenements of what nature or kind soever and
wheresoever situate in this Colony, and also to invest moneys on
mortgage of any lands. buildings, messuages, or tenements in the
Colony, or on the mortgages or debentures, stocks, funds, shares,
or securities of any corporation or company carrying on business
or having an office in the Colony. and also to purchase and
acquire all manner of goods and chattels whatsoever, and the said
corporation is hereby further empowered, by deed under its seal.
to grant, sell, convey, assign, surrender and yield up, mortgage,
demise, reassign, transfer or otherwise dispose of any lands. build-
ings, messuages, and tenements, mortgages, debentures, stocks,
funds, and securities, goods and chattels, vested in the said cor-
poration on such terms as to the said corporation may seem fit.
(Amended, 50 of 1911, s. 4, and 1 of 1912, Schedule)

3. All deeds, documents, and other instruments requiring the seal
of the said corporation shall be sealed therewith in the presence of the
Chairman of the Committee or his attorney duly authorized, and shall
also be signed by him or his attorney duly authorized, and such signing
shall be and be taken as sufficient evidence of the due sealing of such
deeds, documents. and other instruments.

(Amended, 50 of 1911; 51 of 1911; 1 of 1912, Schedule,. and 2 of
1912, Schedule)





4. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Suc-
cessors, 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.
(Replaced, 37 of 1950, Schedule)
Originally 10 of 1892. (Cap. 280, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of Chairman of Committee of Diocesan School and Orphanage. Use of seal of corporation. Saving.

Abstract

Originally 10 of 1892. (Cap. 280, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 5 of 1924. 37 of 1950. Short title. Incorporation of Chairman of Committee of Diocesan School and Orphanage. Use of seal of corporation. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3485

Edition

1964

Volume

v26

Subsequent Cap No.

1017

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:55 +0800
<![CDATA[DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3484

Title

DAUGHTERS OF CHARITY OF THE CANOSSIAN INSTITUTE INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

DAUGHTERS OF CHARITY OF THE CANOSSIAN
INSTITUTE INCORPORATION ORDINANCE

CHAPTER 1016





CHAPTER 1016.

DAUGHTERS OF CHARITY OF THE CANOSSIAN
INSTITUTE INCORPORATION.

To provide for the incorporation of the Mother Superioress in this
Colony of the Society of the Daughters of Charity of the
Canossian Institute by which the institution known as the Italian
Convent is carried on.

[29th October. 1915.]

1. This Ordinance may be cited as the Daughters of Charity of the
Canossian Institute Incorporation Ordinance.

2. The Mother Superioress in the Colony of the Society of the
Daughters of Charity of the Canossian Institute shall be a body
corporate, hereinafter called the corporation, and shall have the name of
'The Mother Superioress of the Daughters of Charity of the Canossian
Institute (Hong Kong)' and by that name shall and may sue and be
sued in all courts in the Colony and shall and may have and use a
common seal.

3. The corporation shall have full power-

(a)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 in the Colony;

(b)to purchase and acquire all manner of goods and chattels
whatsoever;

(c)to invest moneys on mortgage of any lands, buildings,
messuages or tenements in the Colony or in or upon such
other securities or investments as it may think expedient;

(d)by deed under its seal or otherwise to grant, sell, convey.
assign. surrender and yield up, mortgage, demise. reassign.
transfer or otherwise deal with or dispose of any lands,
buildings, messuages or tenements, mortgages. debentures,
securities, shares, goods and chattels for the time being
vested in it on such terms as may seem expedient to it.

4. All deeds and other instruments requiring the seal of the
corporation shall be sealed in the presence of the person who is for the
time being Mother Superioress in the Colony of the said Society or of
her attorney duly authorized and such deeds and instruments and all
other documents, instruments and writings requiring the signature of the
corporation shall be signed by such Mother Superioress or her attorney.







5. (1) Whenever any person is appointed to the office of
Mother Superioress in the Colony of the said Society, such person
shall within three weeks after her appointment or within such
further time as may be allowed by the Governor furnish to the
Governor satisfactory evidence of her appointment. (Amended,
33 of 1939, Supp. Schedule, G.N. 840/40)

(2) A notification in the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by such person shall be conclusive evidence of such
appointment.

6. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Suc-
cessors, 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 26 of 1915. (Cap. 279, 1950.) 33 of 1939. Short title. Incorporation of the Mother Superioress in Hong Kong of the Society of the Daughters of Charity of the Canossian Institute. Powers of the corporation. Execution of documents. Appointment of Mother Superioress. Saving.

Abstract

Originally 26 of 1915. (Cap. 279, 1950.) 33 of 1939. Short title. Incorporation of the Mother Superioress in Hong Kong of the Society of the Daughters of Charity of the Canossian Institute. Powers of the corporation. Execution of documents. Appointment of Mother Superioress. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3484

Edition

1964

Volume

v26

Subsequent Cap No.

1016

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:54 +0800
<![CDATA[FINANCIAL SECRETARY INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3483

Title

FINANCIAL SECRETARY INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

FINANCIAL SECRETARY INCORPORATION

ORDINANCE

CHAPTER 1015





CHAPTER 1015

FINANCIAL SECRETARY INCORPORATION

To provide for the incorporation of the Financial Secretary under the
title of The Financial Secretary Incorporated.

(Replaced, 33 of 1939, Supp. Schedule; G.N. 840/40. Amend-
ed, L.N. 180/85)

[17 October 1930.]

1. This Ordinance may be cited as the Financial Secretary
Incorporation Ordinance.

(Amended, L.N. 180/85)

2. The person for the time being performing the duties of the office
of Financial Secretary shall be a corporation sole, hereinafter called the
corporation, and shall have the name of 'The Financial Secretary,
Incorporated', and by that name shall have perpetual succession, with
a capacity to acquire, whether as purchaser, mortgagee or otherwise,
and hold in that name lands, government securities, shares in any
private or public company, debentures, stocks, funds, securities for
money and real and personal property of every description, to grant,
sell, convey. assign, surrender, exchange, partition, yield up, mortgage,
demise, reconvey, reassign, transfer or otherwise deal with and dispose
of any property of any nature whatsoever, to execute deeds, using an
official seal, to enter into engagements binding on himself and his
successors in office and to do all other acts necessary or expedient to
be done in the execution of the duties of his office.

(Amended, 33 of 1939, Supp. Schedule; G.N. 840/40; 18 of
1957, Third Schedule; 2 of 1965, s. 2 and L.N. 180/85)

3. Notwithstanding any change in the occupant of the corporation,
whether on account of death, departure on leave, return from leave,
temporary employment elsewhere, resumption of duties, new
appointment or other cause whatsoever, and notwithstanding the nature
of the property or rights, all property and rights whatsoever, transferred
to the corporation, or to any occupant of the corporation as such, in any
manner whatsoever, shall vest or remain vested in the corporation so as
to be capable of being dealt with by the occupant of the corporation for
the time being and shall not vest in any occupant in his natural or
personal capacity or pass to the personal representative of any
occupant.

4. The occupant of the corporation for the time being may in
writing delegate to any public officer, either generally or for any
particular occasion and by name or by reference to a public office, such
of his powers and functions under this Ordinance as he considers
necessary (except this power of delegation).

(Added, 2 of 1965, s. 3)





5. Any deed purporting to be sealed with the said official seal and
to be signed by or on behalf of the occupant of the corporation for the
time being, and any other documents, instruments and writings
purporting to be so signed, shall be receivable in evidence of the
particulars stated in such document.

(Amended, 2 of 1965, s. 4)

6. If any question arises as to who is or was at any time the
occupant of the corporation for the time being, a certificate under the
hand of the Chief Secretary shall be conclusive evidence for all
purposes whatsoever as to the person who is or was the occupant.

7. (1) Where at any time by reason of the death of any person,
being a person to whom, as Governor or as an officer of the Government
of the Colony, any property of any nature whatsoever has been
transferred for and on behalf of the said Government, the legal estate or
any interest in such property has passed or passes on such death to the
personal representative of such person, it shall be lawful for the
Governor at any time to declare such legal estate or interest vested in
the corporation and thereupon such legal estate or interest shall vest
accordingly without any conveyance, assignment or transfer.

(2) In like manner where at any time the legal estate or any interest
in any property of any nature whatsoever is held or possessed for and
on behalf of the said Government by any person who, having held office
in the Colony as a Governor or as a Government officer, has vacated his
office otherwise than by death, it shall be lawful for the Governor at any
time to declare such legal estate or interest vested in the corporation
and thereupon such legal estate or interest shall vest accordingly
without any conveyance, assignment or transfer. (Amended, 25 of 1930,
s. 4(7))

(3) A certificate under the hand of the Chief Secretary shall be
conclusive evidence for all purposes whatsoever as to the interest of the
Government of the Colony, as to any such death or vacating of office, as
to the making by the Governor of any such declaration and as to the
vesting of the legal estate or interest in the property therein mentioned
in the corporation.
Originally 15 of 1930. (Cap. 278, 1950.) 25 of 1930. 33 of 1939. 18 of 1957. 2 of 1965. L.N. 180/85. Short title. Incorporation of the Financial Secretary, and powers. 1876 c. 18. S. 1. Property and rights transferred to corporation to vest or remain vested in corporation and not to pass to personal representative of occupant. Power of Financial Secretary to delagate powers. Deeds, etc., to be receivable in evidence. 1876 c. 18, s. 1. Evidence as to the identity of the occupant of the corporation. Vesting of legal estate or interest in corporation in certain cases.

Abstract

Originally 15 of 1930. (Cap. 278, 1950.) 25 of 1930. 33 of 1939. 18 of 1957. 2 of 1965. L.N. 180/85. Short title. Incorporation of the Financial Secretary, and powers. 1876 c. 18. S. 1. Property and rights transferred to corporation to vest or remain vested in corporation and not to pass to personal representative of occupant. Power of Financial Secretary to delagate powers. Deeds, etc., to be receivable in evidence. 1876 c. 18, s. 1. Evidence as to the identity of the occupant of the corporation. Vesting of legal estate or interest in corporation in certain cases.

Identifier

https://oelawhk.lib.hku.hk/items/show/3483

Edition

1964

Volume

v26

Subsequent Cap No.

1015

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:54 +0800
<![CDATA[CHURCH OF ENGLAND TRUST (TRUSTEES MEETINGS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3482

Title

CHURCH OF ENGLAND TRUST (TRUSTEES MEETINGS) REGULATIONS

Description






CHURCH OF ENGLAND TRUST (TRUSTEES MEETINGS)
REGULATIONS.

(Cap. 1014, section 9).

[6th February, 1931]

1. in the event of death, incapacity to act, or resignation, of any lay
trustee, or in the case of a trustee being absent for six months or more,
the trustees shall request the church council represented by such absent
trustee to nominate some qualified person to act in his or her place until
the next annual church meeting.

2. The statutory meeting shall be held as soon as possible after the
annual church meetings, and further meetings at such other times as
business may require.

3. At the statutory meeting the trustees may elect a treasurer, a
secretary and an auditor for the ensuing year. Any casual vacancies in
such offices shall be filled either at a special meeting called for that
purpose or by consent of the trustees signified in writing on a paper
circulated for that purpose.

4. Chater (Cathedral) and Chater (St. Andrew's) Endowment
Funds. In respect of investments under the Chater (Cathedral) and
Chater (St. Andrew's) Endowment Funds, the procedure shall be that
before the statutory meeting the honorary treasurer shall obtain from the
trustees of the Chater Endowment Funds a revised statement of
investments then representing the trust funds, and copies of such
statement shall be forwarded to the respective church councils and
submitted to the trustees at the statutory meeting.

5. Church councils:, accounts and reports. Prior to the statutory
meeting, the honorary treasurer shall obtain statements of accounts
from the respective church councils, and forward the same to the
trustees at least a week before the statutory meeting.

6. These regulations may be cited as the Church of England Trust
(Trustees Meetings) Regulations.
Regulations - Fraser, vol. 3, p. 1077.

Abstract

Regulations - Fraser, vol. 3, p. 1077.

Identifier

https://oelawhk.lib.hku.hk/items/show/3482

Edition

1964

Volume

v26

Subsequent Cap No.

1014

Number of Pages

1
]]>
Tue, 23 Aug 2011 18:35:53 +0800
<![CDATA[CHURCH OF ENGLAND TRUST (CHURCH COUNCILS) REGULATIONS]]> https://oelawhk.lib.hku.hk/items/show/3481

Title

CHURCH OF ENGLAND TRUST (CHURCH COUNCILS) REGULATIONS

Description






CHURCH OF ENGLAND TRUST (CHURCH COUNCILS)
REGULATIONS.

(Cap. 1014, section 9).

[18th January, 1930.]

1. In these regulations, the expression 'church councils' means the
bodies constituted under that name by or under the Church of England
Trust Ordinance.

2. Every church council shall consist of-

(a) the incumbent or clergyman in charge;

(b) the senior licensed assistant clergyman, if any;

(c) such number of lay representatives (who may be of either sex)
as the annual church meeting may from time to time decide.
Such lay representatives must be actual communicant members
of the Church of England or of a church in communion with it
and not entered upon the electoral roll of any other church in
the Diocese. No candidate may be elected who has not
previously consented to serve. The number may be altered
from time to time by a resolution passed at an annual church
meeting of the church concemed but so that the alteration shall
not take effect till the year following the date at which it is
made;

(d)co-opted members if the. church council concemed so decides
not exceeding in number one-fifth of the elected lay
representatives and being either in holy orders or actual lay
communicant members of the Church of England of either sex
or of a church in communion with it;

(e)the two lay representatives elected at the annual church
meeting as members of the body of The Trustees of the
Church of England in the Diocese of Victoria, Hong Kong.

3. The election of lay representatives to the church council shall
take place at the annual church meeting of the church concemed.

4. Lay representatives and co-opted members shall continue in
office until the next annual church meeting unless in the meanwhile they
vacate office by death, absence of six months, incapacity to act or
resignation.





5. In the event of death, absence for a period of six months,
incapacity to act or resignation of any lay representative or co-opted
member on a church council the remaining members may appoint some
other qualified person to act in his or her place until the next annual
church meeting.

6. Meetings of church councils shall be in accordance with the
rules of procedure set forth in the Appendix hereto.

7. Every church council shall appoint a secretary and treasurer as
provided for in the rules of procedure.

8. In addition to the powers conferred by the Church of England
Trust Ordinance, each church council shall have power

(a)to frame an annual budget of moneys required for the
maintenance of the work of the church for which it is
appointed and otherwise, and to take such steps as it thinks
necessary for raising, collecting and allocating such moneys;

(b)jointly with the incumbent to determine the objects to which all
moneys to be given or collected in the church shall be
allocated, and to determine the mode of collection of all
donations and the fees to be taken for marriages, burials and
other services;

(c)jointly with the incumbent to appoint and dismiss and (if so
authorized by the trustees in their letters of delegation) to pay
the salaries of assistant chaplains, organists and subordinate
officials, and to determine the conditions of the tenure of their
offices or of their employment:

Provided that no appointment or dismissal of a clergyman
shall be valid unless approved in writing by the Bishop;

(d)to make representation to the Bishop with regard to any matter
affecting the welfare of the church concemed;

(e)to make regulations regarding all or any of the following
matters

(i) holding of meetings of the church council and the
conduct of business thereat;

(ii) keeping of accounts of moneys received and expended
by the church councils;

(iii) all other matters relating to the affairs of the church
council:

Provided that no regulation shall be valid until it has been
approved by an annual or special church meeting: And
provided that no regulation shall be inconsistent





with the provisions of the Church of England Trust
Ordinance, or with any regulation made thereunder by the
trustees.

9. Every church council shall furnish to the annual church
meeting as provided for in regulation 17 an account made up to
the 31st December in the year immediately preceding such meeting
setting out the income and expenditure of the church council during
the year together with a statement of the funds and property, if
any, remaining in its hands at the date of the account. Such
account and statement having been duly audited shall together
with a report upon the fabric, goods and ornaments of the church
be submitted for approval at such meeting or at any adjournment
thereof and the said account, statement and report if approved
shall be signed by the chairman of the meeting and shall be forth-
with published and affixed on or near the principal door of the
church and any other conspicuous place or places in the parish at
the discretion of the church council. A copy of the account, state-
ment and report shall be furnished by the church council to the
trustees.

10. Every church council shall cause to be kept proper books
of registry of all baptisms and marriages solemnized in the church
and of all burials performed by the clergy.

11. Every church council shall provide a fire-proof safe for
the safe custody of all books of registry belonging to the church.

12. Every church council shall provide and keep up to date
an inventory of all church property for which it may be responsible.

13. A church council may, if so authorized by the trustees
in the letter of delegation, and in accordance with any regulations
laid down by the Bishop, permit the erection or order the removal
of any monument, tablet or other memorial in the church or in
the precincts thereof, but no such monument, tablet or other
memorial shall be erected or removed without the previous written
consent of the Bishop.

14. A church council may, if so authorized by the trustees
in the letter of delegation, make alterations in the church or its
furniture, and may add to or renew ornaments to or in the church,
but no such alteration, addition or renewal shall be made without
the previous written consent of the Bishop.

15. (1) If any difficulty arises with respect to the conduct of
any church council for which provision is not made in the Church
of England Trust Ordinance, or in the regulations, or in the event
of a church council and an incumbent being unable to agree as to





any matter in which their joint action is required, the Bishop may give
such directions as may appear to him to be necessary.

(2) On representation being made to the Bishop by a majority of the
lay members of a church council or by one-tenth of the electors on the
electoral roll, and if such representation is deemed by the Bishop to
show sufficient cause for the same, the Bishop shall convene a special
meeting of the church council or church meeting, and shall either take
the chair himself or appoint a chairman to preside at such meeting.

ELECTORAL
ROLL.

16. (1) A roll, of electors shall be formed by every church
council on which persons claiming to be qualified electors in the
church concemed shall if their claim is allowed be entered and
they shall remain on the roll as long as their title to be qualified
electors in the church concemed continues.

(2) The initial rolls shall be formed by the Dean for the Cathedral
and the Vicar of Saint Andrew's Church, Kowloon, for Saint Andrew's
Church, Kowloon, and the Vicar of Christ Church, Kowloon Tong, for
Christ Church, Kowloon Tong, and in the case of other churches by the
respective incumbents.

(3) Each roll shall be kept and revised by the church council
concerned when it is constituted. It shall be annually revised not less
than twenty-eight days before the annual church meeting. Notice of
such revision shall be affixed at the place or places hereinafter.
prescribed with respect to notice convening the said annual church
meeting fourteen days at least before such revision takes place.

(4) The roll shall be published by being affixed at or near the
principal door of the church concemed in such manner as the church
council (or in the case of an initial roll, as the incumbent) shall appoint
and except in the case of the initial roll shall be open for the enrolment of
new voters continuously up to fourteen days before the annual church
meeting.

(5) Qualified electors are persons of either sex of eighteen years
and upwards who

(a)are baptized and are members of the Church of England or a
Church in communion therewith; and

(b)do not belong to any religious body which is not in
communion with the Church of England; and

(c)are not entered upon the electoral roll of any other church in
the Diocese; and





(d) have signed the declaration set forth hereunder:

I,
being a worshipper at [name of church]
declare that I have attained the age of eighteen years and
reside at and am a member of the Church of
England or a Church in communion therewith and do not
belong to any religious body which is not in communion
with the Church of England and that I am not entered
upon the electoral roll of any other church in the Diocese.

Dated this day of '19

(Signed) ..............................

(6) The number of qualified persons on the electoral roll shall be
reported each year to the Bishop or his commissary within one month
after the annual church meeting.

ANNUAL CHURCH
MEETING.

17. (1) There shall be held annually in connexion with each church
not later than the 31st of May the annual church meeting of qualified
and duly enrolled electors

(a) for receiving from the church council and considering-

(i) a copy or copies of the electoral roll;

(ii) an annual report on its proceedings;

(iii) a statement of the financial affairs of the church;

(b)for electing representatives to be members of the body of The
Trustees of the Church of England in the Diocese of Victoria,
Hong Kong;

(c) for electing the church council;

(d) for electing representatives to the Diocesan Conference;

(e) for electing sidesmen;

(f) for electing an auditor;

(g)for the transaction of any other business connected with the
affairs of the church.

(2) All the above matters shall be open to free discussion and
before the report is proposed for adoption and it shall be open to any
member of the meeting to ask any question about church matters or
bring about a discussion of any matter of general church interest by
moving a general resolution or by moving to give any particular
recommendation to the church council in the fulfilment of its duties. The
meeting shall have power to adjourn and to determine its own time of
meeting and rules of procedure.





(3) The meeting shall be convened by the incumbent or clergyman
in charge by notice (in the form hereafter set forth) affixed at or near the
principal door of the church for a period including the two Sundays
immediately preceding the day of the meeting. The meeting shall be held
in such place at such date and hour as shall be directed by the church
council or in the absence of such direction as shall be fixed by the
incumbent or clergyman in charge.

Form of notice.

Notice is hereby given that the annual church meeting of
the church will be held at

on day the day of '19
at o'clock in the noon for the purposes

following, namely-

(a)the election of representatives to the board of the trustees
of the Church of England in the Diocese of Victoria, Hong
Kong;

(b) the election of the church council;

(c)the election of representatives to the Diocesan
Conference;

(d) the election of sidesmen;

(e) the election of an auditor;

(f) the receiving from the church council and
considering
(i) a copy or copies of the electoral roll;

(ii) an annual report on its proceedings;
(iii) a statement of the financial affairs of the church;

(g)the transacting of any other business connected with the
affairs of the church.

Dated this day of '19

................................................... Incumbent.

(4) Fifteen electors shall be a quorum at the annual -or a special
church meeting of Saint John's Cathedral Church, of Saint Andrew's
Church, Kowloon, of Christ Church, Kowloon Tong, or of any other
church that comes within the provisions of the Church of England Trust
Ordinance.

(5) The incumbent or clergyman in charge shall be the chairman of
the meeting if present and if not a chairman shall be chosen by and from
the electors present who shall preside at the meeting but no clerical
chairman shall have a vote (except a casting vote) in the election of the
church council.





(6)(a) The candidates must either previously to the meeting by
written notice to the convenor thereof or at the meeting be
nominated by one elector and seconded by another.

(b)If more candidates are nominated than there are seats to be
filled the election shall take place at the meeting unless a poll is
demanded by at least three of the voters present at the
meeting.

(c)At every election each elector on the roll shall have as many
votes as there are persons to be elected but may not give more
than one vote to any one candidate.

(d)Where an equality of votes renders a casting vote necessary
to decide the election it shall be given by the person presiding
over the election.

(e)The result of an election shall be forthwith announced by the
person presiding over the election and a notice of the result
shall be affixed at or near the principal door of the church and
the notice shall be left so affixed for not less than fourteen
days following the date of election.

APPEALS.

18. Any appeal against the allowance or disallowance of enrolment
on the electoral roll or of a vote or against the report of the result of the
election shall be made in writing to the incumbent within seven days
after the date of publication of such allowance or disallowance or the
publication of such result as the case may be. A commission shall be
constituted by the church council and any appeal shall be considered
and decided by such two or more members of the commission as the
commission shall appoint and their decision shall be final.

CITATION.

19. These regulations may be cited as the Church of England Trust
(Church Councils) Regulations.

APPENDIX. [regs. 6 & 8.]

Rules of procedure for church councils.

1. Every church council shall hold not less than four meetings in each year.
Meetings shall be convened by the chairman and if not more than four meetings
are held they shall be at quarterly intervals as far as possible.

2. The chairman may at any time convene a meeting of the church council. If
he refuses or neglects to do so within seven days after a requisition for that purpose
signed by not less than one-third of the members of the church council has been
presented to him those members may forthwith convene a meeting.

3. Except as provided in rule 7, at least ten clear days before any meeting of a
church council notice thereof specifying the time and place of the intended





meeting, and signed by or on behalf of the chairman of the church council or the
persons convening the meeting, shall be posted at or near the principal door of the
church.

4. Notices of motion may be sent in writing to the secretary by any member
of the church council at any time. Not less than seven days before the meeting a
notice thereof specifying the time and place of the meeting signed by or on behalf
of the secretary shall be sent to every member of the church council. Such notice
shall contain the agenda of the meeting including any motion of which notice has
been received by the secretary.

5. No business shall be transacted at any meeting of a church council unless at
least one-third of the full number of members are present thereat, and no business
which is not specified in the agenda shall be transacted at any meeting except by
the consent of three-quarters of the members present at the meeting.

6. The business of a meeting of a church council shall be transacted in the
order set forth- in the agenda unless the church council by resolution otherwise
determines.

7. In case of sudden emergency and other special circumstances requiring
immediate action by a church council a meeting may be convened by the chairman
at not less than three days' notice in writing to the members of the church council
concemed, but the quorum for the transaction of any business at such meeting shall
be a majority of the then existing members of the church council concemed and no
business shall be transacted at such meeting except such as is specified in the notice
convening the meeting.

8. The meetings of a church council shall be held at such place as the church
council may direct or in the absence of such direction as the chairman may direct.

9. Subject to the foregoing rules any motion proposed by any member of a
church council present at a meeting shall be submitted to the meeting and shall be
decided by a majority of votes of the members present and voting thereon.

10. In case of an equal division of votes the chairman of the meeting shall
have a second or casting vote.

11. The names of the members present at any meeting of a church council
shall be recorded in the minutes, and the names of those voting on each question
on which a division is taken if the members composing either the majority or the
minority so require shall be recorded so as to show how the vote of each member
was given:

Provided nevertheless that the vote on any question shall be by ballot if the
meeting so decides.

12. Any meeting of a church council may adjourn its proceedings to such time
as may be determined at such meeting and to any place authorized under. rule 8.

13. A church council may appoint one of its number to act as secretary of the
church council without remuneration. If no member is appointed so to act the
church council shall appoint some other fit person with such remuneration (if any)
as it may think fit. The secretary shall have charge of the electoral roll and of all
documents relating to current business of the church council. He shall be responsible
for keeping the minutes and shall record all resolutions passed by the church council
and shall keep the secretary of the Diocesan Conference informed as to his address.





14. A church council shall appoint one or more of its number to act as
treasurer solely or jointly without remuneration.

15. A church council may appoint committees for the purposes of the
various branches of church work in the district and may include therein persons
who are not members of the church council. The incumbent shall be a member
of all committees ex officio.

16. Any question arising on the interpretation of these rules shall be re-
ferred to the Bishop and any decision given by him or by any person appointed
by him on his behalf shall be final.
2 of 1930, Second Schedule. L.N. 102/70. Meaning of expression 'church councils'. (Cap. 1014.) Constitution of church councils. L.N. 102/70. Election of lay representatives. Duration of office of lay representatives and co-opted members. Filling up of casual vacancies among lay representatives of co-opted members. Meetings of church councils. Appendix. Secretary and treasurer for church councils. Powers of church councils. (Cap. 1014.) L.N. 102/70. (Cap. 1014.) Church councils to keep accounts. Keeping of registers of baptisms, marriages and burials. Provision of safe for books. Provision of inventory. Erection of monuments. Alterations in church or furniture. Powers of the Bishop. (Cap. 1014.) Electoral roll. L.N. 102/70. Annual church meeting; L.N. 102/70. Discussion; convening of annual church meeting and form of notice therefore; quorum; L.N. 102/70. (Cap. 1014.) Chairman; elections. Appeals. Citation. Meetings of church council. Power to call meetings. Notice of meeting. Notice of motion. Quorum and agenda. Order of business. Short notice for emergency meetings. Place of meeting. Vote of majority to decide. Casting vote. Minutes. Adjournments. Secretary of council. Treasurer of council. Power to appoint committees. Interpretation.

Abstract

2 of 1930, Second Schedule. L.N. 102/70. Meaning of expression 'church councils'. (Cap. 1014.) Constitution of church councils. L.N. 102/70. Election of lay representatives. Duration of office of lay representatives and co-opted members. Filling up of casual vacancies among lay representatives of co-opted members. Meetings of church councils. Appendix. Secretary and treasurer for church councils. Powers of church councils. (Cap. 1014.) L.N. 102/70. (Cap. 1014.) Church councils to keep accounts. Keeping of registers of baptisms, marriages and burials. Provision of safe for books. Provision of inventory. Erection of monuments. Alterations in church or furniture. Powers of the Bishop. (Cap. 1014.) Electoral roll. L.N. 102/70. Annual church meeting; L.N. 102/70. Discussion; convening of annual church meeting and form of notice therefore; quorum; L.N. 102/70. (Cap. 1014.) Chairman; elections. Appeals. Citation. Meetings of church council. Power to call meetings. Notice of meeting. Notice of motion. Quorum and agenda. Order of business. Short notice for emergency meetings. Place of meeting. Vote of majority to decide. Casting vote. Minutes. Adjournments. Secretary of council. Treasurer of council. Power to appoint committees. Interpretation.

Identifier

https://oelawhk.lib.hku.hk/items/show/3481

Edition

1964

Volume

v26

Subsequent Cap No.

1014

Number of Pages

9
]]>
Tue, 23 Aug 2011 18:35:52 +0800
<![CDATA[CHURCH OF ENGLAND TRUST ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3480

Title

CHURCH OF ENGLAND TRUST ORDINANCE

Description






LAWS OF HONG KONG

CHURCH OF ENGLAND TRUST ORDINANCE

CHAPTER 1014





CHAPTER 1014.

CHURCH OF ENGLAND TRUST ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section...................................... page.

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

TRUSTEES.

3. Constitution of the trustees .............. ... ... ... ... ... ... ... 4

4. Notification of change in trustees ..... ... ... ... ... ... ... ... 5

5. Incorporation and general powers of the trustees ... ... ... ... ... 5

6. Vesting of property in trustees ........... ... ... ... ... ... ... ... 6

7. Delegation of powers to church councils ... ... ... ... ... ... ... 8

8. Boards of patronage ....................... ... ... ... ... ... ... 8

REGULATIONS.

9. Regulations for trustees and church councils ... ... ... ... ... ... 9

CHURCH COUNCILS.

10.........................................Church councils of Saint John's Cathedral and of Saint Andrew's Church 10

MISCELLANEOUS.

11..................Application of Ordinance ... ... ... ... ... ... ... ... ... 11

12.............Right of visitation ........ ... ... ... ... ... ... ... ... ... ... 11

13....................Bishop's right to use Cathedral ... ... ... ... ... ... ... ... ... 11

14...........[Repealed] ................... ... ... ... ... ... ... ... ... ... 11

15......................................Government grant for services at prisons and Government hospitals ... 11

16..................Power to erect memorials ... ... ... ... ... ... ... ... ... ... 11

17.........................Saving of the Chater Endowment Funds ... ... ... ... ... ... ... 12

18.........Saving ............................ ... ... ... ... ... ... ... ... 12

Schedule. Letter of Delegation ............. ... ... ... ... ... ... ... ... 12





CHAPTER 1014.

CHURCH OF ENGLAND TRUST.

To provide for the incorporation of a body of trustees capable of
holding property for the purposes of the Church of England, and to
providefor the performance of divine worship according to the
rites and ceremonies of the Church of England, andfor certain
objects ancillary to the aforesaid objects.

[18th January, 1930.]
WHEREAS-

(a)Saint John's Cathedral Church was erected on Crown land
partly by means of private subscriptions and partly by means
of public moneys and has since been maintained and kept up
and divine worship has been performed therein and elsewhere
in the Colony in accordance with the provisions of certain
Ordinances and it is expedient to provide for a continuance of
the performance of such divine worship and services in
accordance with the rites and ceremonies of the Church of
England;

(b)the said Cathedral Church is now vested in and administered
by an incorporated Church Body under the name of the
Trustees of Saint John's Cathedral Church in Hong Kong;

(c)Saint Andrew's Church, Kowloon, and buildings connected
therewith were erected on Crown land out of fundsgenerously
furnished by the late Sir Catchick Paul Chater, C.M.G., the
services at the said Church to be conducted according to the
rites and ceremonies of the Church of England;

(d)the trustees of Saint John's Cathedral Church in Hong Kong in
addition to the powers conferred on them by the Saint John's
Cathedral Church Ordinance 1899, were authorized by the
Church Property Vesting Ordinance 1904, to acquire, accept
leases of, purchase, take, hold and enjoy any lands, buildings,
messuages -or tenements and any other property of what kind
or nature soever and wheresoever situate for the purpose of
endowing, supporting, maintaining, carrying on or otherwise
promoting the work of the Church of England in Hong Kong or
in China, whether such work should be of a religious,
educational or social nature or otherwise; and

(e)it is deemed expedient that all lands, buildings, messuages or
tenements, property, funds and endowments (save as
hereinafter mentioned) of the Church of England in the Colony
and elsewhere within the Diocese of Victoria, Hong Kong, shall
as far as possible be transferred to or vested in one central
incorporated authority which may





administer the same for the purpose of endowing, supporting,
maintaining, carrying on or otherwise promoting the work of
the Church of England in Hong Kong or elsewhere in the
Diocese, whether such work be of a religious, educational or
social nature, or otherwise:

1. This Ordinance may be cited as the Church of England

Trust Ordinance.

2. In this Ordinance, unless the context otherwise requires

'Bishop' means the Bishop of Victoria, Hong Kong;

'chapel of case' means a chapel under a mother church consecrated for
the performance of public worship according to the liturgy of the
Church of England, and so recognized by the Bishop, the
officiating minister whereof has not a separate cure of souls;

'church body' means the trustees of Saint John's Cathedral Church in
Hong Kong as heretofore constituted;

'Church of England' means the English speaking churches of the
diocese in which are performed such rites and ceremonies as are
customary in the Provinces of Canterbury and York and are
authorized by the Bishop:

Provided that nothing in this definition shall prevent the
performance in such churches of such other services as may be
authorized by the Bishop; (Added, 61 of 1970, s. 2)

'commissary' means a person nominated by the Bishop to act for him
or in his stead in accordance with the terms of a written authority
signed by the Bishop, or in the event of the incapacity of the
Bishop or of the voidance of the see, the Dean or such other
person nominated by the Chairman of the House of Bishops;
(Amended, 61 of 1970, s. 2)

'Dean' means the clergyman in charge of Saint John's Cathedral and
holding the Bishop's licence to such office;

'Diocesan Conference' means the assembly of clergy and laity of the
Church of England, constituted according to such rules as have
been approved by the Bishop for the time being; (Amended, 61 of
1970, s. 2)

'diocese' means the area over which the Bishop has ecclesiastical
authority; (Amended, 61 of 1970, s. 2)

'House of Bishops- means the House of Bishops established in
accordance with the constitution of the Council of the Church in
South East Asia; (Added, 61 of 1970, s. 2)

incumbent means a clergyman with a cure of souls in charge of a church
and holding the Bishop's licence thereto;

'trustees' means the trustees appointed by or under the provisions of
section 3.





TRUSTEES.

3.(1) (a) There shall be a body of trustees which, subject to the
other provisions of this Ordinance, shall consist of

(i) The Bishop;
(ii) The Dean;

(iii) The Vicar of Saint Andrew's Church, Kowloon;
(iv) The Vicar of Christ Church, Kowloon Tong,

and their successors in office for the time being, together with
two lay trustees representing Saint John's Cathedral, two lay
trustees representing Saint Andrew's Church, Kowloon, and
two lay trustees representing Christ Church, Kowloon Tong,
and thereafter the persons for the time being duly elected and
appointed in place of the above or any of them as their
successors in accordance with regulations made under this
Ordinance. (Amended, 20 of 1948, s. 4, and 61 of 1970, s. 3)

(b)In the case of every other church to which this Ordinance for
the time being applies and whose incumbent has a separate
cure of souls, the incumbent and two duly elected lay
representatives of such church shall be members of the body
ot trustees. (Amended, 33 of 1939, Supp. Schedule, G.N.
840/40)

(c)All lay trustees shall be actual communicants of the Church of
England, of twenty-one years of age and upwards, of either
sex, and shall be elected at the annual

church meetings as provided for in regulations made under this
Ordinance. (Amended, 61 of 1970, s. 3)

(d)In the event of the absence on leave of any clerical trustee
other than the Bishop it shall be lawful for the trustees in their
discretion, to appoint temporarily the clergyman in charge of
the church concemed.

(2) The Bishop shall have -power to give and revoke a dormant
commission to any clergyman of the Church of England to be a trustee,
and to act for the Bishop in accordance with the terms of the dormant
commission, during any absence of the Bishop from the Colony and
during any incapacity of the Bishop, and to be a trustee and to act in the
stead of the Bishop in the case of voidance of the see. No such dormant
commission shall take active effect on the ground of the incapacity of
the Bishop or the voidance of the see until it has been published in the
Gazette by the Colonial Secretary with the approval of the Governor in
Council, at the request of the remaining trustees then in the Colony.
When a dormant commission has taken active effect upon such
publication on the ground of the incapacity of the Bishop it shall
continue to have active effect until the publication of a notice in the
Gazette by the Colonial Secretary, at the request





of the Bishop and of the majority of the remaining trustees then in the
Colony, suspending such active effect. Unless previously revoked any
such commission shall continue in force, either as a dormant
commission or in active effect as the case may be, after the voidance of
the see until the arrival of a new Bishop or until a new commissary has
been nominated by the Chairman. of the House of Bishops. (Amended,
61 of 1970, -s. 3)

(3)(a) The Bishop or his commissary shall be chairman of the
trustees.

(b)A meeting of the trustees shall be held at least once in 'every
calendar year, and not more than fifteen months after the
holding of the last preceding meeting.

(c) The Bishop or his commissary and at least one-half of the
remaining trustees shall form a quorum.

(d)No act or decision of the trustees shall be valid unless
approved by more than half of the whole number of trustees.

(e)If any act be done or discretion be exercised by the majority of
the trustees, or if any instrument be executed in pursuance
thereof, no such act, discretion or instrument shall be
questioned on the ground that the other trustees, or any of
them, did not concur or join therein, or objected thereto.

4. (1) All changes in the constitution of the trustees shall be
notified to the Colonial Secretary and-published by him in the Gazette.

(2) No such change shall be deemed to have been made unless it
has been so published in the Gazette. (Amended, 33 of 1939, Supp.
Schedule, G.N. 840/40)

(3) The production of a copy of the Gazette containing any such
notification shall be prima facie evidence as to the constitution of the
trustees.

(4) The trustees shall when required by the Governor furnish to him
satisfactory proof of the succession, election or appointment of any
new member thereof.

5. (1) The trustees shall be a body corporate under the name of
'The Trustees of the Church of England in the Diocese of Victoria,
Hong Kong-, and by that name shall have perpetual succession and
shall and may sue and be sued in all courts and shall and may have and
use a common seal and may break, change, alter and make anew the said
seal.

(2) The trustees shall have power to acquire, accept leases of,
purchase, take, hold and enjoy any lands, buildings, messuages or
tenements of what nature and kind soever and wheresoever situate, and
also 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
goods and chattels of what nature or kind soever, for the purpose of
endowing, supporting, maintaining carrying on or otherwise promoting
the work of the Church of England in Hong Kong or elsewhere in the
diocese whether such work be of a religious, educational or social nature
or otherwise. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(3) Subject to the provisions of section 6, the trustees shall further
have power by deed or writing under their common seal to grant, sell,
convey, assign, surrender, yield up, mortgage, demise, reconvey,
reassign, transfer or otherwise dispose of or deal with any lands,
buildings, messuages, tenements, goods and chattels or other property
which are for the time being vested in or belonging to the trustees, upon
such terms as to the trustees may seem fit:

Provided that nothing in this section shall be construed so as to
authorize any breach of trust on the part of the trustees.

(4) All deeds and other documents requiring the common seal of
the trustees shall be sealed with such seal and shall be signed by two
trustees. (Replaced, 61 of 1970, s. 4)

6. (1) Saint John's Cathedral Church and the precincts thereof
together with all buildings, rights, easements and appurtenances
thereunto belonging, and together with all the estate, right, title and
interest of the church body as heretofore constituted shall vest in the
trustees in fee simple for the sole and express purpose of a church and to
the intent th-at divine worship and the services usual in the Church of
England shall be therein performed and carried on in accordance with the
rites and ceremonies of the said Church:

Provided that

(a)if at any time the church ceases to be used as a church for
divine worship and the services usual in the Church of England
cease to be performed and carried on therein in accordance
with the said rites and ceremonies, the church and the precincts
thereof shall revert to and become the absolute property of the
Crown unless the same be sold or otherwise disposed of with
the consent in writing of the Governor; and (Amended, 33 of
1939, Supp. Schedule, G.N. 840/40)

(b)the use of any part of the said precincts for the purpose of
schools, quarters for the members of the staff of Saint John's
Cathedral Church and other buildings in connexion with such
church shall be deemed to be use for the purpose of a church
within the meaning of this subsection. (Added, 42 of 1955, s.
2)

(2) All that piece or parcel of ground known and registered in the
Land Office as Kowloon Inland Lot No. 1153 and the





church building and buildings erected thereon, together with all
rights. easements and appurtenances thereunto belonging and
together with all the estate, right, title and interest held upon trust
by the church body as heretofore constituted, shall vest in the
trustees for the residue now unexpired of the term of seventy-five
years created therein by the Crown lease thereof, subject to the
payment of the rent reserved by the said Crown lease and the per-
formance and observance of the lessee's covenants and conditions
therein contained, upon trust to permit the said premises to be used
by the clergyman for the time being in charge of the services of the
said church (or if there be no clergyman in charge by any other
clergyman who may be approved by the Bishop) for the conduct of
such services in accordance with the rites and ceremonies of the
Church of England and for such other purposes not inconsistent
with the provisions of the said Crown lease as may be directed by
the church council duly constituted:

Provided that-
(a)the trustees shall not be deemed personally liable for any
payments of money in excess of that provided or available
for the purposes of the church;
(b)the said premises or any part thereof shall not be used
for any other purpose whatever than for a church the
services of which shall be conducted according to the
rites and ceremonies of the Church of England, and for
the erection of schools or parsonage or other buildings
in connexion with such church. without the previous
licence or consent of Her Majesty the Queen, Her Heirs,
Successors or Assigns, signified in writing by the Governor
of Hong Kong or other person duly authorized in that
behalf; and
(c)the said premises or any part thereof shall not be let,
underlet, mortgaged, assigned or otherwise parted with
without the previous consent of Her said Majesty, Her
Heirs, Successors or Assigns, signified as aforesaid or
upon other terms and provisions than set forth in the
said Crown lease. (Amended, 33 of 1939, Supp. Schedule,
G.N. 840/40, and 61 of 1970, s. 5)

(3) The furniture, fittings, fixtures, chattels and effects held for
the use of Saint John's Cathedral and of Saint Andrew's Church,
Kowloon, and all the right, title, interest, property, claim and
demand therein or thereto of the church body as heretofore consti-
tuted shall vest in the trustees absolutely.

(4) The sum of ten thousand dollars, the endowment fund
for the use of Saint John's Cathedral Hall, and the securities or
investments now representing the same now vested in the church
body under the declaration of trust dated the 3rd day of February,
1922, shall be transferred to and vested in the trustees absolutely
subject to the trusts and provisions of the said declaration of trust.





(5) All books, papers and other documents hitherto kept at Saint
John's Cathedral or Saint Andrew's Church or belonging or appertaining
thereto respectively, and all moneys belonging or due or owing to Saint
John's Cathedral or the church body as heretofore constituted or to
Saint Andrew's Church or the vestry thereof, shall vest in the trustees
absolutely.

(6) AR memorials in or about Saint John's Cathedral and in or about
Saint Andrew's Church shall be under the care and custody of the
trustees.

7. (1) The trustees shall delegate the care and maintenance of any
land, building, furniture, fittings, chattels, effects, records and memorials
and the expenditure of income appertaining to Saint John's Cathedral
Church and Saint Andrew's Church, Kowloon, respectively, and
provision for the administration of the services to be performed therein,
to the respective church councils of such churches to be appointed in
manner hereinafter provided.

(2) The trustees may make similar delegation of their powers in the
case of any other church to which this Ordinance for the time being
applies. (Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(3) Every such delegation shall be by an instrument in writing
signed by the Bishop or his commissary and two of the trustees which
shall be in the form provided in the Schedule and shall specify the
property committed to the care of each church council and what powers
and duties the church council shall have in the matter of making
alteration or addition thereto: But no alterations by way of addition or
diminution to the fabric or utensils or ornaments of such churches shall
be made without the previous written consent of the Bishop. (Amended,
33 of 1939, Supp. Schedule, G.N. 840/40)

(4) The trustees shall have power by an instrument signed as
aforesaid to revoke or amend any letter of delegation.

8. (1) Whenever a vacancy occurs or is expected to occur in any
cure of souls the trustees shall appoint a board of patronage, to be
constituted as hereinafter provided, which shall nominate a clergyman
for institution to such cure when vacant and shall return his name to the
trustees together with the recommanded terms of appointment. The
trustees shall before entering into any contract with such clergyman
obtain the written approval of the Bishop or in the case of the incapacity
of the Bishop of his commissary of such appointment. If no notice of
nomination be returned to the trustees and by them to the Bishop or his
commissary within six months after a vacancy in any cure it shall be
competent for the Bishop or his commissary to appoint. (Amended, 33 of
1939, Supp. Schedule, G.N. 840/40, and 61 of 1970, s. 6)

(2) Such board of patronage shall consist of the Bishop or his
commissary, who shall be chairman, one clerical representative one lay
representative of the trustees and four lay representatives

of the church council concemed: (Amended, 61 of 1970, s. 6)





Provided that

(a)the incumbent of the church in which the vacancy is expected
to occur shall not be a member of the board; and (Replaced,
61 of 1970.s. 6)

(b)when a vacancy occurs or is expected to occur in the office of
Dean two additional members (one clerical to represent the
clergy and one lay to represent the laity) shall be appointed by
the Diocesan Conference or in default of such appointment in
such manner as the trustees for the time being may approve.

(3) The time and manner of the summoning and meeting of such
board and the mode of its procedure shall be determined by the board
itself, subject to any direction that may be given by the trustees. The
Bishop or his commissary and not less than three representatives of the
church council concemed shall constitute a quorum.

(4) The fixing of the salary of the clergyman in charge of any
church shall be determined by a sub-committee consisting of not more
than six to be appointed by the church council concemed which shall
report to the board its decision, but such decision shall be subject to the
approval of the board.

(5) The question of the renewal or termination of the agreement of
the clergyman in charge Qf any church shall be decided by a board of
patronage, constituted as hereinbefore provided, to be appointed by the
trustees ad hoc which board shall report its decision to the trustees:

Provided that no termination except on the expiration of an
agreement shall be valid without the written approval of the Bishop or in
the case of the incapacity of the Bishop of his commissary. (Amended,
61 of 1970, s. 6)

(6) Save with the consent of the trustees no amendment shall be
made to the agreement of the clergyman in charge of any church.
(Added, 61 of 1970, s. 6)

REGULATIONS.

9. (1) The trustees may by regulation provide for all or any of the
following matters

(a)the mode of filling up casual vacancies among their number;

(b)the holding of meetings of the trustees and the conduct of
business thereat;

(c)the election and tenure of office of an auditor and the
appointment and tenure of office of a treasurer and secretary
and the mode of filling up casual vacancies among such
officers;





(d)the regulation of the church councils constituted by section 10,
and the constitution and regulation of church councils for any
church to which this Ordinance for the time being applies;
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

(e) the keeping of accounts by church councils;

(f)the care, maintenance and administration of chapels of ease;

(g) all other matters relating to the affairs of the trustees.

(2)No amendment of the regulations shall apply in the case
of any particular church council until such amendment has been
adopted at a meeting of the qualified and duly enrolled electors of
the church in question. (Amended, 33 of 1939, Supp. Schedule,
G.N. 840/40)
(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

CHURCH
COUNCILS.

10. There shall be a Saint John's -Cathedral church council and a
Saint Andrew's Church, Kowloon, church council, and a Christ Church,
Kowloon Tong, church council, and a church council for every other
church to which this Ordinance for the time being applies. The primary
duties of every such council, whether constituted by or under this
Ordinance, shall be to co-operate with the incumbent in the initiation,
conduct and development of work in the church concerned in
accordance with the regulations for church councils for the time being in
force and to exercise the powers conferred upon them in accordance
with section 7:

Provided that

(a)all matters connected with the religious services of the
churches shall be under the immediate direction and
management of the respective incumbents or clergymen in
charge subject nevertheless to the control of the Bishop; and

(b)no change in the customary arrangement and conduct of the
religious services in any church shall be made arbitrarily and
without the consent of the church council, and that the
incumbent or clergyman in charge shall inform the council
before making any change. Any question which may then or
from time to time arise between the incumbent or clergyman in
charge and the church council with regard to any such change
shall be referred to the Bishop who, after such consultation as
he thinks best both with the incumbent or clergyman in charge
and the council, shall make orders thereon against which there
shall be no appeal. (Amended, 33 of 1939, Supp. Schedule,
G.N. 840/40 and 61 of 1970, s. 7)





MISCELLANEOUS.

11. The provisions of this Ordinance shall apply to every church of
the Church of England now or hereafter established in the Colony.

(Amended, 33 of 1939, Supp. Schedule, G.N.
840/40)

12. The right of visitation of churches shall lie with the Bishop who
may report to the trustees any irregularities in regard to the fulfilment of
the duties of any particular church council in matters delegated to it by
the trustees.

(Amended, 61 of 1970, s.
8)

13. The Bishop shall have the right of using the Cathedral, upon
due notice being given, for ordinations, confirmations and other special
services, of determining the order and form of such services, and of
preaching and celebrating the Holy Communion therein.

14. [Repeated, 61 of 1970, s. 9]

15. It shall be lawful for the Governor to appropriate such
proportion of any sum which may be voted by the Legislative Council
for general ecclesiastical or religious purposes as he may deem proper to
the trustees, and thereupon the Dean or other clergyman nominated by
the trustees, if such sum is accepted by the trustees, shall be bound
when so required to provide for all requisite religious services and
ministrations of the Church of England at the prisons and Government
hospitals.

16. (1) The trustees shall have power to decide as to the erection of
memorial tablets or other memorials in any church to which this
Ordinance for the time being applies or in the precincts thereof, subject
in each case to the written approval of the Bishop.

(2) The trustees, subject to the written consent of the Bishop, may
order the removal of any monument, tablet or other memorial in any
church to which this Ordinance for the time being applies or the
precincts thereof which has become ruinous, dilapidated or unsightly if
the donor thereof or his representatives cannot be found or will not
properly repair and maintain it to the satisfaction of the trustees:

Provided that three months' notice of such intended removal shall
be given in writing to the donor or his representatives if he or they can
be found, and if not a notice signifying such intended removal shall be
posted for three months in the western porch of the church concerned.

(3) Subject in each case to the written approval of the Bishop, the
trustees shall have power to make alterations in a church to





which this Ordinance for the time being applies or its furniture and to
add to or remove ornaments therein.

(Amended, 61 of 1970, s. 10)

17. Nothing ing in this Ordinance shall affect or be deemed to
affect the Chater (Saint John's Cathedral Church) Endowment Fund
or the Chater (Saint Andrew's Church) Endowment Fund, save
that for the purposes of such funds the trustees shall be substituted
for the church body and vestry respectively and shall authorize the
payment of the income of such funds to the council. of the church
concemed.

18. 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. 7.]
LETTER OF
DELEGATION

issued pursuant to section 7 of the Church of

England Trust Ordinance, Chapter 1014.

To the CHURCH COUNCIL OF CHURCH.

THE TRUSTEES appointed under the Church of England Trust Ordinance,
hereby delegate the care and maintenance of the following property to the above
mentioned Church Council, namely

and empower the said Church Council to exercise the following powers and duties,
namely

GIVEN under the hands of the Bishop of Victoria, Hong Kong, and of two
of the trustees this day of 19

.......................... ...Bishop.

Trustees.

............................
Originally 2 of 1930. (Cap. 277, 1950.) 33 of 1939. 20 of 1948. 42 of 1955. 61 of 1970. Preamble. (58 of 1899.) (16 of 1904.) Short title. Interpretation. Constitution of the trustees; commissary; proceedings and acts of the trustees. Notification of change in trustees. Incorporation and general powers of the trustees; power to acquire property; power to dispose of property; use of seal. Vesting of property in trustees: Saint John's Cathedral Church and precincts; Saint Andrew's Church, Kowloon; furniture and effects; Saint John's Cathedral Hall endowment fund; other property; memorials. Delegation of powers to church councils. Schedule. Boards of patronage; Fixing of salary of clergyman in charge; renewal and termination of agreement of the clergyman in charge. Regulations for trustees and church councils. Church councils of Saint John's Cathedral and of Saint Andrew's Church. Application of Ordinance. Right of visitation. Bishop's right to use Cathedral. Government grant for services at prisons and Government hospitals. Power to erect memorials; power to remove ruinous memorial.etc; alterations. Saving of the Chater Endowment Funds. Saving

Abstract

Originally 2 of 1930. (Cap. 277, 1950.) 33 of 1939. 20 of 1948. 42 of 1955. 61 of 1970. Preamble. (58 of 1899.) (16 of 1904.) Short title. Interpretation. Constitution of the trustees; commissary; proceedings and acts of the trustees. Notification of change in trustees. Incorporation and general powers of the trustees; power to acquire property; power to dispose of property; use of seal. Vesting of property in trustees: Saint John's Cathedral Church and precincts; Saint Andrew's Church, Kowloon; furniture and effects; Saint John's Cathedral Hall endowment fund; other property; memorials. Delegation of powers to church councils. Schedule. Boards of patronage; Fixing of salary of clergyman in charge; renewal and termination of agreement of the clergyman in charge. Regulations for trustees and church councils. Church councils of Saint John's Cathedral and of Saint Andrew's Church. Application of Ordinance. Right of visitation. Bishop's right to use Cathedral. Government grant for services at prisons and Government hospitals. Power to erect memorials; power to remove ruinous memorial.etc; alterations. Saving of the Chater Endowment Funds. Saving

Identifier

https://oelawhk.lib.hku.hk/items/show/3480

Edition

1964

Volume

v26

Subsequent Cap No.

1014

Number of Pages

13
]]>
Tue, 23 Aug 2011 18:35:51 +0800
<![CDATA[CHINESE YOUNG MEN'S CHRISTIAN ASSOCIATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3479

Title

CHINESE YOUNG MEN'S CHRISTIAN ASSOCIATION ORDINANCE

Description






LAWS OF HONG KONG

CHINESE YOUNG MEN'S CHRISTIAN

ASSOCIATION ORDINANCE

CHAPTER 1013





CHAPTER 1013

CHINESE YOUNG MEN'S CHRISTIAN ASSOCIATION

To providefor the incorporation of the Directors qf the Chinese Young Men's
Christian Association of Hong Kong.

[27 May 1932.]

1. This Ordinance may be cited as the Chinese Young Men's
Christian Association Ordinance.

2. In this Ordinance, unless the context otherwise requires

'constitution' means the constitution of the Chinese Young Men's
Christian Association of Hong Kong as set out in the Schedule
hereto, or any amended constitution approved by the Governor
which may be made thereunder.

3. (1) The directors of the Chinese Young Men's Christian
Association of Hong Kong, and their successors in office as hereinafter
defined, shall be a body corporate, hereinafter called the corporation,
and shall have the name of The Directors of the Chinese Young Men's
Christian Association of Hong Kong', and in that name shall have perpetual
succession, and shall and may sue and be sued in all courts in the
Colony and shall and may have and use a common seal.

(2) Directors, whether appointed in immediate succession to any of
the first directors or not, shall be appointed in accordance with the
constitution, and shall for the time being be deemed to be successors in
office of the first directors and to be members of the corporation.

4. (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 corporation or company, and also to
purchase, acquire and possess steam-launches, boats and other 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, steam-launches, boats, or other goods and
chattels, which are for the time being vested in or belonging to the
corporation upon such terms as to the corporation may seem fit.





5. All deeds and other instruments requiring the corporate seal of
the corporation shall be sealed in the presence of 2 of the directors and
shall be signed by 2 of the directors.

6. All matters of internal management, including any amendment of
the constitution, shall be settled and carried out in accordance with the
constitution.

7. 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. 2.]

CONSTITUTION

OF THE

CHINESE YOUNG MEN'S CHRISTIAN ASSOCIATION
OF HONG KONG

ARTICLE I-NAME AND GENERAL POLICY

Paragraph 1. The name of the Association shall be the Chinese Young Men's
Christian Association of Hong Kong'.

Paragraph 2. The object and purpose ofthe Association shall be the
development of Christian character and the cultivation of the Christian spirit of
service among young men, in accordance with the teachings of Jesus Christ.

Paragraph 3. The Association shall engage in no political movement, and
shall not permit its name or premises to be used for political agitation or meetings.

ARTICLE II-MEMBERSHIP

Paragraph 4. Membership in the Association shall be open to men of the
,Chinese race who are Christians and are over 18 years of age.

Paragraph 5. The procedure for admission to membership in the Association
shall be as follows

(a) the candidate shall apply in person for membership.

(b)the candidate shall be recommended by a member or a secretary of the
Association;

(c)every application shall be considered by the Membership committee and if
approved, the applicant shall become a member forthwith.

Paragraph 6. The duties, responsibilities and privileges of a member of the
Association shall be as follows

(a)to make plans for the carrying out of the objects and purposes of the
Association and to work for the extension of its several activities;

(b)to share in the performance of all work and voluntary service of the
Association,

(c)to be responsible for securing funds to defray the expenses of the
Association.





Paragraph 7. Any member of the Association shall be eligible for electing,
or being elected to, the Board of Directors.
Paragraph 8. The Board of Directors may, as circumstances permit. accept
other persons as associate members, who may participate in the activities of the
Association.

ARTICLE III-GENERAL MEETINGS

Paragraph 9. All members of the Association who are resident in Hong Kong
shall be invited to attend the general meetings of the Association and 25 members
present shall constitute a quorum.
Paragraph 10. There shall be a regular general meeting of the Association
annually, at such time and place as the Board of Directors may decide. Special general
meetings may be called by the Board of Directors, or upon the request of more than
10 members.
Paragraph 11. The duties and powers of the general meeting shall include the
following-
(a) to see that the objects and purposes of the Association are carried out;
(b) to adopt a general programme for the Association:
(c) to elect a Board of Directors;
(d) to amend, when necessary, the powers and duties of the Board of Directors;
(e) to consider and adopt the report of the Board of Directors.

ARTICLE IV-BOARD OF DIRECTORS

Paragraph 12. The Board of Directors of the Association shall be duly
elected at the regular annual general meeting of members, in accordance with
the constitution.
Paragraph 13. The Board of Directors shall consist a minimum of 12
members but not more than 27 members who shall receive no emolument
for their service. (Replaced, L.N. 92/73)
Paragraph 13A. At the regular annual general meeting in every year
one-third of the directors for the time being, or, if their number is not a
multiple of 3, then the number nearest one-third, shall retire from office.
(Added, L.N. 92/73)
Paragraph 13B. The directors to retire in every year shall be those who have
been longest in office since the last election but as between persons who became
directors on the same day those to retire shall (unless they otherwise agree among
themselves) be determined by lot. (Added, L.N. 92/73)
Paragraph 13C. A retiring director shall be eligible for re-election. (Added,
L.N. 92/73)
Paragraph 14. The Board of Directors shall, at least 2 weeks before the
regular annual general meeting of the Association, publish a list of candidates for
election, who have been selected by a nominating committee. Additional nomina-
tions may be made by 3 or more members, but the names of such nominees must
be sent to the general secretary for publication, at least one week before the date of
the regular annual general meeting at which the election will be held.
Paragraph 15. Apart from the retiring directors, who are eligible for re-
election, as aforesaid, the nominating committee may select not more than 10
members, who are over 20 years of age, and who must possess the following
qualifications-
(a) membership ofthe Association;
(b)belief in the purposes of the Association and a willingness to promote its
welfare;
(c)willingness to share in the financial burden of the Association, by raising
funds for its support.





Paragraph 16. Casual vacancies in the Board of Directors shall be filled by the
Board, and a director thus appointed shall serve for the unexpired term of his
predecessor.

Paragraph 17. The Board of Directors, at its first meeting after the regular
annual general meeting of members, shall appoint annually from its own members
a chairman, vice-chairman, recording secretary and treasurer. The chairman and
vice-chairman, respectively, shall also assume the offices of president and
vicepresident of the association.

Paragraph 18. The Board of Directors shall hold regular monthly meetings,
except in August, and 5 members shall constitute a quorum. Special meetings of the
Board may be called at the discretion of the chairman.

Paragraph 19. The government of the Association shall be vested in the
Board of Directors, who shall have the following powers and duties

(a)to carry out the objects and purposes of the Association, as set out in
paragraph 2 of this constitution;

(b) to execute the decisions of the Association;

(e) to adopt a programme of activities for the Association;

(d) to adopt measures for the extension of the Association;

(e) to adopt a budget and supervise the finances of the Association;

to appoint and discharge secretaries of the Association and to regulate the
committees;

(g)to cancel the membership of any member for his misconduct. or for his
breach of any articles or regulations of the Association;

(h) to establish branch associations in the various districts or Hong Kong;

(i)to act as trustees of the Association in the holding of real and other
immovable property;

to enact and promulgate regulations, not contrary to the constitution. for
the management of branches, departments, and other sections of the
Association.

Paragraph 20. Any measure or resolution adopted by a general meeting of
members but considered by the Board of Directors as impracticable or requiring
modification may be referred back to a general meeting for reconsideration, but a
majority of those present at such general meeting may over-ride the veto of the
Board.

Paragraph 21. The chairman. vice-chairman. recording secretary and treasurer
of the Board of Directors, together with the chairman of the committee of a
branch and the general secretary of the Association, shall constitute the executive
committee of the Association. The powers and duties of the executive committee
shall be governed by regulations of the Association.

ARTICLE V-STANDING COMMITTEES

Paragraph 22, The Board of Directors may from time to time delegate part of
its duties to committees.

Paragraph 23. The chairman- of each committee shall be appointed by the
president of the Association.

Paragraph 24. The number in each committee. their terms of office and duties
shall he governed by regulations or resolutions of the Association.







Paragraph 25. The president and the general secretary of the Association
shall be ex officio members of every committee.

ARTICLE VI-SECRETARIES

Paragraph 26. The secretaries shall administer the affairs of the Association,
in accordance with the principles and policy as provided by the constitution and
regulations.

Paragraph 27. The appointment of secretaries and their duties shall be
governed by the regulations and other rules of the Association.





ARTICLE VII-BRANCHES

Paragraph 28. Members of the Association, resident in Hong Kong, may
organize branches of the Association in accordance with the constitution of the
Association and subject to the approval of the Board of Directors.

ARTICLE VIII-AMENDMENTS

Paragraph 29. Amendments to this constitution. except paragraphs 2. 3, 4
and 7, may be made at any general meeting held under paragraph 10. provided that
the proposed amendment shall have been sent in writing to the general secretary
for examination by the Board of Directors, and publication at least one month
before the next general meeting, and that it shall be passed at such general meeting
by a two-thirds majority of all members present at the meeting; and provided also
that no such amendment shall be effective until the constitution as so amended is
approved by the Governor.

ARTICLE IX-CITATION

Paragraph 30. The contents of this Schedule may he cited as the Chinese
Young Men's Christian Association Constitution.
Originally 16 of 1932. (Cap. 276. 1950.) L.N. 92/73. Short title. Interpretation. Schedule. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving.

Abstract

Originally 16 of 1932. (Cap. 276. 1950.) L.N. 92/73. Short title. Interpretation. Schedule. Incorporation. Powers of corporation. Execution of documents. Internal management. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3479

Edition

1964

Volume

v26

Subsequent Cap No.

1013

Number of Pages

6
]]>
Tue, 23 Aug 2011 18:35:50 +0800
<![CDATA[CHINESE ANGLICAN CHURCH BODY INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3478

Title

CHINESE ANGLICAN CHURCH BODY INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

CHINESE ANGLICAN CHURCH BODY

INCORPORATION ORDINANCE

CHAPTER 1012





CHAPTER 1012

CHINESE ANGLICAN CHURCH BODY INCORPORATION

To provide for the incorporation of the Church Body of the Chinese
Anglican Church in Hong Kong.

[4 July 1902.]

1. This Ordinance may be cited as the Chinese Anglican Church
Body Incorporation Ordinance.

(Amended, 5 of 1924, s. 6)

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

'Bishop' means the Bishop of the Church of England residing and
officiating at Victoria; (Amended, 50 of 1911 and 1 of 1912,
Schedule)

'Chinese church body' means the church body of the Chinese
Anglican Church in Hong Kong constituted as follows

(a) the Bishop, who shall be chairman;

(b)a vice-chairman of the Chinese church body appointed by the
Bishop by writing under his hand; (Amended, 50 of 1911 and
1 of 1912, Schedule)

(c)all ordained pastors and clergy of Chinese race officiating in
Chinese Anglican churches and chapels in the Colony with
the licence of the Bishop, and all clergy of nonChinese race
who are acting pastors of such churches and chapels with
such licence as aforesaid; (Amended, 50 of 1911 and 1 of
1912, Schedule)

(d)the delegates appointed by the vestries of the Chinese
churches and chapels in the Colony; (Amended, 50 of 1911
and 1 of 1912, Schedule)

(e)so long as the Chinese Anglican Church in Hong Kong uses
buildings belonging in whole or in part to the society known
as the Church Missionary Society, or is dependent on the
help of that society in education or other work, the secretary
in HONG KONG of the Church Missionary Society;

'delegates' means the delegates elected by the vestries in manner
provided by the regulations made by the Chinese church body;
(Amended, 50 of 1911 and 1 of 1912, Schedule)

,'vestry' means the body constituted in manner provided by the
regulations made by the Chinese church body for the management
of each place of worship established by it. (Amended, 50 of 1911
and 1 of 1912, Schedule)





3. A certificate under the hand of the Bishop, or in his absence
from the Colony, of the vice-chairman of the Chinese church body, that
any persons therein named are the persons constituting such body, or
that any regulations annexed to such certificate are the regulations of
the Chinese church body, shall be accepted for all purposes as
sufficient proof of the fact that such persons are the persons
constituting such body, or that such regulations were duly made and
are in force.

(Amended, 50 of 1911; 51 of 1911; 1 of 1912, Schedule and 2
of 1912, Schedule)

4. (1) The Chinese church body shall be a body corporate under
the name of 'The Church Body of the Chinese Anglican Church in
Hong Kong', hereinafter called the corporation. (Amended, 50 of 1911
and 1 of 1912, Schedule)

(2) The corporation by the name aforesaid shall have perpetual
succession, and shall and may sue and be sued in all courts, and shall
and may have and use a common seal, and may break, change, alter and
make anew the said seal as to the corporation may seem fit. (Amended,
50 of 1911 and 1 of 1912, Schedule)

(3) The corporation shall have power to acquire, accept leases of,
purchase, take, hold and enjoy and invest moneys upon 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 corporation or
company, and also to purchase, acquire and possess goods and
chattels of what nature and kind soever. (Amended, 25 of 1964, s. 2)

(4) 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, or goods and chattels, which are vested in or
belong to the corporation, upon such terms as to the corporation may
seem fit.. (Amended, 50 of 1911 and 1 of 1912-, Schedule)

(5) The corporation shall further have power-

(a)to improve, develop and turn to account any land belonging
to the corporation or in which the corporation has or

may acquire a sufficient legal or equitable interest, by
reconstructing, altering and demolishing buildings and by
constructing new buildings of any kind whatsoever either
alone or in any joint development scheme in conjunction with
owners or lessees of sites adjoining any land belonging to the
corporation or in which the corporation enjoys any interest
as aforesaid;





(b)to obtain vacant possession of any land belonging to the
corporation or in which the corporation has or may
acquire a sufficient legal or equitable interest, and of any
buildings thereon by any lawful means whatsoever and in
particular by application for exclusion orders or other
orders under Part 1 of the Landlord and Tenant (Con-
solidation) Ordinance or any Ordinance amending or
replacing the same;

(c)to pay compensation to occupiers vacating any lands or
buildings belonging to the corporation, or in which the
corporation has or may acquire a sufficient legal or equi-
table interest;

(d)to borrow or raise or secure the payment of money in such
manner as the corporation shall think fit for the purpose
of developing any land belonging to the corporation or in
which the corporation has or may acquire a sufficient legal
or equitable interest and for payment of compensation to
occupiers for vacating any such land or any buildings
thereon;

(e)to do all such things as are directly or indirectly incidental
or conducive to the attainment of the aims, objects and
powers of the corporation. (Added, 25 of 1964, s. 2)

5. All deeds, documents and other instruments requiring the
seal of the corporation shall be sealed therewith in the presence of
the Bishop, or in his absence from the Colony, of the vice-chairman,
and shall also be signed by the Bishop, or by such vice-chairman, in
whose custody the seal shall be kept.
(Amended, 50 of 1911; 51 of 1911; 1 of 1912, Schedule; 2 of
1912, Schedule and 43 of 1912, Supp. Schedule, G.N. 246/13)

6. 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.
(Replaced, 37 of 1950, Schedule)
Originally 18 of 1902. (Cap. 275, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 43 of 1912. 5 of 1924. 37 of 1920. 25 of 1964. Short title. Interpretation. Proof of the constitution of the curch body and of its regulations. Incorporation; succession and seal; power to hold property; powerto dispose of property; additional powers. (Cap. 7.) Use of seal. Saving.

Abstract

Originally 18 of 1902. (Cap. 275, 1950.) 50 of 1911. 51 of 1911. 1 of 1912. 2 of 1912. 43 of 1912. 5 of 1924. 37 of 1920. 25 of 1964. Short title. Interpretation. Proof of the constitution of the curch body and of its regulations. Incorporation; succession and seal; power to hold property; powerto dispose of property; additional powers. (Cap. 7.) Use of seal. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3478

Edition

1964

Volume

v26

Subsequent Cap No.

1012

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:35:49 +0800
<![CDATA[CHINA PENIEL MISSIONARY SOCIETY INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3477

Title

CHINA PENIEL MISSIONARY SOCIETY INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

CHINA PENIEL MISSIONARY SOCIETY INCORPORATION

ORDINANCE

CHAPTER 1011





CHAPTER 1011.

CHINA PENIEL MISSIONARY SOCIETY
INCORPORATION.

To provide for the incorporation of the President in Hong Kong of the
China Peniel Missionary Society.

[29th April, 1949.]

1. This Ordinance may be cited as the China Peniel Missionary
Society Incorporation Ordinance.

2. The President for the time being in Hong Kong of the China
Peniel Missionary Society shall be a corporation sole, hereinafter called
the corporation, and shall have the name of The President in Hong
Kong of the China Peniel Missionary Society Incorporated', and by
that name shall and may sue and be sued in all courts in the Colony and
shall and may have and use a common seal. (Amended, 9 of 1950,
Schedule)

3. (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 monies 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
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. or other goods and chattels whatsoever,
which are for the time being vested in or belonging to the corporation,
upon such terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever, transferred to the
corporation in any manner whatsoever, shall in the event of death of the
President for the time being in Hong Kong of the China Peniel
Missionary Society, or in the event of his ceasing to hold office as such
President. pass to his successor in such office when appointed.

5. All deeds and other instruments requiring the seal of the
corporation shall be sealed in the presence of the person who is for the
time. being President in Hong Kong of the China Peniel





Missionary Society or of his attorney, duly authorized, and such
deeds and instruments and writings requiring the signature of the
corporation shall be signed by such President or his attorney.

6. (1) Whenever any person is appointed to the office of
President in Hong Kong of the China Peniel Missionary Society,
that person shall within three weeks after his appointment or
within such further time as may be allowed by the Governor,
furnish to the Governor satisfactory evidence of his appointment.

(2) A notification in the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by such person shall be conclusive evidence of, such
appointment.

(3), The appointment of a new President, in the event of
death or for any other reason, shall be made by the majority vote
of the four directors of the corporation in Hong Kong. -

7. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen, Her Heirs or Suc-
cessors, 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 18 of 1949. (Cap. 274, 1950.) 9 of 1950. Short title. Incorporation. Powers of corporation. Transfer of property. Execution of deeds. Appointment of President. Saving.

Abstract

Originally 18 of 1949. (Cap. 274, 1950.) 9 of 1950. Short title. Incorporation. Powers of corporation. Transfer of property. Execution of deeds. Appointment of President. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3477

Edition

1964

Volume

v26

Subsequent Cap No.

1011

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:48 +0800
<![CDATA[CHINA FLEET CLUB INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3476

Title

CHINA FLEET CLUB INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

CHINA FLEET CLUB INCORPORATION ORDINANCE

CHAPTER 1010





CHAPTER 1010

CHINA FLEET CLUB INCORPORATION

To provide for the incorporation of the Trustees of the China Fleet
Club.

[18th May, 1934.]

1. This Ordinance may be cited as the China Fleet Club
Incorporation Ordinance.

2. (1) The trustees of the China Fleet Club appointed under the
hand of the Captain or other officer in charge of Her Majesty's naval
establishments at Hong Kong shall be a body corporate, hereinafter
called the corporation, and shall have the name of 'The Trustees of the
China Fleet Club', and by that name shall have perpetual succession
and shall and may sue and be sued in all courts and shall and may have
and use a common seal, and may break, change, alter and make anew the
said seal as to the corporation may seem fit. (Amended, L.N. 259/75)

(2) The trustees, whether the first trustees or appointed in
succession, immediate or otherwise, of any of the first trustees shall be
deemed to be the trustees and be members of the corporation upon
notice of their appointment and of the retirement of the retiring trustees,
if any, whom they shall have been appointed to replace, being filed with
the Registrar of Companies.

(3) Any such notice shall be signed by the Captain or other officer
in charge of Her Majesty's naval establishments at Hong Kong
aforesaid. (Amended, L.N. 259/75)

3 (1) The corporation shall have the following powers-

(a) to acquire, lease, hold and enjoy any land or buildings on such
terms as the trustees think fit;

(b) to invest its money-

(i) on deposit at any bank, whether in Hong Kong or
elsewhere; or

(ii) in the stocks, shares, or securities of any corporation
carrying on business either in Hong Kong or elsewhere;

(c) to purchase, hire or acquire any movable property;

(d)to sell, lease or otherwise dispose of, and to charge, any of its
property on such terms as. the trustees think fit;

(e)to develop or turn to account any of its immovable property in
such manner and on such terms as the trustees think fit;

(f)to borrow money for the corporation's purposes and to charge
all or any of its movable or immovable property.





(2) The powers conferred on the corporation by subsection (1) may
be exercised either alone or jointly with one or more other persons.

(Replaced, 24 of 1975, s. 2)

4. All deeds and other instruments requiring the corporate seal of
the corporation shall be sealed with its seal and signed by one of the
trustees.

5. 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 10 of 1934. (Cap. 273, 1950.) 24 of 1975. L.N. 259/75. Short title. Incorporation. Powers of the corporation. Execution of documents. Saving.

Abstract

Originally 10 of 1934. (Cap. 273, 1950.) 24 of 1975. L.N. 259/75. Short title. Incorporation. Powers of the corporation. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3476

Edition

1964

Volume

v26

Subsequent Cap No.

1010

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:47 +0800
<![CDATA[CHINA CONGREGATIONAL CHURCH ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3475

Title

CHINA CONGREGATIONAL CHURCH ORDINANCE

Description






LAWS OF HONG KONG

CHINA CONGREGATIONAL CHURCH ORDINANCE

CHAPTER 1009





CHAPTER 1009.

CHINA CONGREGATIONAL CHURCH.

To provide for the incorporation of the Church Body of the China
Congregational Church in Hong Kong.

[1st November. 1912.]

1. This Ordinance may be cited as the China Congregational
Church Ordinance.

(Amended, 5 of 1924, s. 6)

2. (1) The members of the church body of the China Congregational
Church in Hong Kong shall be a body corporate under the name of 'The
Church Body of the China Congregational Church in Hong Kong',
hereinafter called the corporation. (Amended, 43 of 1912, Supp.
Schedule, G.N. 246/13)

(2) The corporation by the name aforesaid shall have perpetual
succession, and shall and may sue and be, sued in all courts, and shall
and may have and use a common seal, and may from time to time break.
change, alter and make anew the said seal as to the corporation may
seem fit. (Amended, 43 1912, Supp. Schedule, G.N. 246/13)

(3) 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 corporation or company, and also to
purchase. acquire and possess goods and chattels of what nature and
kind soever.

(4) 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. or goods and chattels, which are for the time
being vested in or belonging to the corporation, upon such terms as to
the corporation may seem fit.

3. The corporation shall keep at its principal church or
meeting place a register of the members of the China Congrega-
tional Church in Hong Kong. and shall enter in such register the
names of all such persons as are in the opinion of the corporation
proper persons to be admitted as members of the said church.
Such book is hereinafter referred to as the register of members,
and the persons whose names appear therein as members of the
church.





4. Upon the death or resignation or removal from office of any
member of the church body aforesaid, a successor to the person so
dying. retiring or being removed shall be appointed by a majority of the
members of the church present at a meeting to be convened for the
purpose by the corporation. The names of every person so elected shall
be entered in the register of members with the date of election and
particulars of the office to which such person is elected, and every such
entry shall be signed by at least four members of the church body.

(Amended, 43 of 1912, Supp. Schedule, G.N. 246/13)

5. The services of the church shall be regulated and conducted by
the pastor of the church for the time being in accordance with the
principles of the Christian religion based upon the Old and New
Testaments, and in accordance as far as possible with the practice of the
Congregational Churches now in existence in Europe and America.

6. Subject to the provisions of section 5, the corporation may make
regulations for the services of the church and the management of its
property and affairs generally. All such regulations shall be laid before a
meeting of the members convened for the purpose and if approved by a
majority of the members present at such meeting shall be binding on the
corporation and upon all members of the church. A copy of any such
regulations sealed with the common seal of the corporation and
countersigned- by any four members of the church body shall be
accepted as evidence of such regulations having been regularly made
and confirmed.

(Amended, 43 of 1912, Supp. Schedule, G.N. 246/13)

7. The regulations may provide for the removal from office or from
membership of the church of any member of the church body or the
church by the vote of at least two-thirds of the members of the church.

8. Every meeting held under this Ordinance may be convened by
posting a notice of the time and place for holding such meeting. and the
nature of the business to be discussed. upon the door of the. principal
church or other meeting place of the corporation in Hong Kong on the
two Sundays next preceding the date of the meeting.

9. All deeds. documents and other instruments requiring the seal of
the corporation shall be scaled with the common seal of the corporation
and signed by at least four of the members of the church body for the
time being.

10. 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.

(Replaced, 37 of 1950, Schedule)
Originally 36 of 1912. (Cap. 272, 1950.) 43 of 1912. 37 of 1950. Short title. Incorporation; succession and seal; power to acquire property; power to sell property. Register of members. Filling vacancies in church body. Conduct of services, etc. Power to make regulations. Removal of members. Convening meetings. Use of seal. Saving.

Abstract

Originally 36 of 1912. (Cap. 272, 1950.) 43 of 1912. 37 of 1950. Short title. Incorporation; succession and seal; power to acquire property; power to sell property. Register of members. Filling vacancies in church body. Conduct of services, etc. Power to make regulations. Removal of members. Convening meetings. Use of seal. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3475

Edition

1964

Volume

v26

Subsequent Cap No.

1009

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:47 +0800
<![CDATA[SOCIETY OF BOYS' CENTRES INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3474

Title

SOCIETY OF BOYS' CENTRES INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

SOCIETY OF BOYS' CENTRES

INCORPORATION ORDINANCE

CHAPTER 1008





CHAPTER 1008

SOCIETY OF BOYS' CENTRES INCORPORATION

To providefor. the incorporation of the Society of Boys' Centres.

[10 April 1981.]

1. This Ordinance may be cited as the Society of Boys' Centres
Incorporation Ordinance.

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

'Chairman' means the Chairman for the time being of the Executive
Committee;

'constitution' means the constitution of the Society for the time being
in force;

'Executive Committee' means the Executive Committee of the Society;

'existing society' means the Society of Boys' Centres existing
immediately prior to the commencement of this Ordinance;

'Society' means the Society of Boys' Centres incorporated by section
3.

3. The Society of Boys' Centres shall be a body corporate and in
that name shall have perpetual succession and may sue and be sued in
all courts in Hong Kong and shall have, and may use, a common seal.

4. The Society shall have power-

(a)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 in Hong Kong, to
invest moneys on deposit in any bank or upon mortgage of
any lands, buildings, messuages or tenements in Hong Kong
or in the debentures, debenture stock, stock, funds, shares or
securities of any corporation or company carrying on business
in Hong Kong and to purchase and acquire movable property
of whatsoever nature or kind;

(b)to build, rebuild, demolish, alter, vary, renew, maintain and
repair any buildings, messuages or tenements acquired by the
Society or in which the Society has acquired an interest and to
effect any improvements thereto;

(c)to grant, sell, convey, assign, transfer, exchange, partition,
surrender, yield up, charge, mortgage, pledge, reassign,
release, demise, let or otherwise dispose of any lands,
buildings, messuages, tenements, mortgages, debentures,
debenture stock, stock, funds, shares, securities, and





movable property for the time being vested in or belonging
to the Society upon such terms as the Society may think fit;

(d)to borrow money upon such terms as the Society may
think fit and, subject to paragraph (17) of section 4 of the
Summary Offences Ordinance, to raise money by private
or public subscription;

(e)to accept donations, grants or subsidies from any person
or Government Authority or other body or organization;
(1)to establish, support and subscribe to provident funds,
pension and retirement and similar schemes for the benefit
of employees of the Society and their dependants and to
grant and pay pensions or gratuities to and otherwise aid,
support or assist any such persons;

(g)generally to do such other acts and things as are incidental
or conducive to the aims and objects of the Society.

5. On the commencement of this Ordinance-

(a)all that piece or parcel of ground known and registered in
the Land Office as New Kowloon Inland Lot No. 5458
together with all erections and buildings thereon and all
rights, easements and appurtenances thereto belonging
vested in The Society of Boys' Centres Trustees Incor-
porated, incorporated under the Registered Trustees
Incorporation Ordinance, shall vest in the Society for the
unexpired residue of the term of years created by the
Conditions of Grant No. 10,147 under which the same is
held from the Crown subject to payment of the rent and
performance of the covenants and conditions reserved by
and contained in the said Conditions of Grant;

(b) all those beneficial rights and interests of The Society of
Boys' Centres Trustees Incorporated in all that piece or
parcel of ground known and registered in the Land Office
as New Kowloon Inland Lot No. 5197 and in portions of
the building erected thereon, which said piece or parcel of
ground and building are held by the Hong Kong Housing
Society, incorporated under the Hong Kong Housing
Society Incorporation Ordinance, in trust for the said
Society of Boys' Centres Trustees Incorporated and others
under a Crown lease dated 1 August 1969 for the unexpired
residue of the term of years created thereby subject to the
payment of the rent and performance of the covenants and
conditions reserved by and contained in the said Crown
lease, shall vest in the Society absolutely;

(c).all those beneficial rights and interests of the said Society of
Boys' Centres Trustees Incorporated in all that piece or
parcel of ground known and registered in the Land Office
as Kowloon Inland Lot No. 8243 and in portions of the
building erected thereon, which said piece or parcel of





ground and building are held by the said Hong Kong
Housing Society in trust for the said Society of Boys' Centres
Trustees Incorporated and another body under a Crown lease
dated 15 December 1969 for the unexpired residue of the term
of years created thereby subject to the payment of the rent
and performance of the covenants and conditions reserved
by and contained in the said Crown lease, shall vest in the
Society absolutely;

(d) all investments and movable property vested in or belonging
to or held for or on behalf of or in trust for the existing society
shall be transferred to vest in, belong to or be held for or on
behalf of or in trust for the Society;

(e)all contractual and other rights exercisable or enforceable by
or on behalf of the existing society shall be exercisable and
enforceable by the Society;

(f)the Society shall become liable for all debts and liabilities and
for the performance of all contractual and other obligations of
the existing society.

6. The Society shall consist of those office-bearers and
members of the existing society who were such office-bearers and
members immediately before the commencement of this Ordinance
and of all persons who shall hereafter be admitted to membership of
the Society in accordance with its constitution.

7. (1) The constitution of the existing society in force immediately
prior to the commencement of this Ordinance shall be the constitution
of the Society, and, subject to this Ordinance, may be amended at any
time or from time to time in accordance with the provisions of the
constitution.

(2) The constitution shall not be amended without the consent in
writing of the Registrar of Companies.

8. (1) The Society shall forward to the Registrar of Companies for
registration the following

(a)notice of the address of the principal office of the Society and
of any change therein;

(b)a copy of the constitution and any amendment thereto
certified as correct by the Chairman; and

(c)a list of the names, occupations and addresses of the
Chairman and members of the Executive Committee and any
change therein, certified as correct by the Chairman.

(2) Every document required to be registered in accordance with
subsection (1) shall be forwarded to the Registrar of Companies within
28 days of the commencement of this Ordinance or within 28 days of
any change or amendment, as the case may be.





(3) The Society shall pay such fees for registering any document
under this section as may be prescribed under section 304 of the
Companies Ordinance for the registration of a document required to be
registered under the Companies Ordinance.

(4) Any person may inspect any document registered under this
section on payment of such fee as may be prescribed under section
304(1A) of the Companies Ordinance for inspecting a document kept by
the Registrar of Companies.

(5) The list or any change therein registered under subsection
(1)(c) shall be prima facie evidence of the facts mentioned therein.

9. (1) All deeds, documents and other instruments requiring the
seal of the Society shall be sealed in the presence of 2 members of the
Executive Committee and shall be signed by those members, and such
signing shall be taken as sufficient evidence of the due sealing of such
deeds, documents or other instruments.

(2) The Executive Committee shall be responsible for the safe
custody of the common seal of the Society.

10. 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 any other persons except such as are
mentioned in this Ordinance and those claiming by, from or under them.
Originally 19 OF 1981. Short title. Interpretation. Incorporation. Powers. (Cap. 228.) Vesting of property, etc. in the Society. (Cap. 306.) (Cap. 1059.) Office-bearers and members. Constitution. Registration. (Cap. 32.) Execution of documents. Saving.

Abstract

Originally 19 OF 1981. Short title. Interpretation. Incorporation. Powers. (Cap. 228.) Vesting of property, etc. in the Society. (Cap. 306.) (Cap. 1059.) Office-bearers and members. Constitution. Registration. (Cap. 32.) Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3474

Edition

1964

Volume

v26

Subsequent Cap No.

1008

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:35:46 +0800
<![CDATA[CHATER MASONIC SCHOLARSHIP FUND BY-LAWS]]> https://oelawhk.lib.hku.hk/items/show/3473

Title

CHATER MASONIC SCHOLARSHIP FUND BY-LAWS

Description






CHATER MASONIC SCHOLARSHIP FUND BY-LAWS

(Cap. 1007, section 4)

[1st November, 1929]

CITATION

1. These by-laws may be cited as the Chater Masonic Scholarship
Fund By-laws.

CONSTITUTION

2. The fund shall be known as the -Chater Masonic Scholarship
Fund'.

3. The fund shall consist of the existing fund in the hands of the
honorary treasurer and such further contributions as shall be made by
masonic bodies and individuals.

GOVERNMENT

4. The trustees shall consist of such brethren as shall be elected by
the lodges and chapters contributing to the funds of the corporation
and of trustees for life as hereinafter provided. Each Lodge shall elect
one brother to be a trustee and every individual brother contributing not
less than $500 shall by virtue of such contribution become a trustee for
life. Any vacancy or vacancies of elected trustees occurring through
death, incapacity, retirement or prolonged absence from the Colony may
be filled by the Lodge or other masonic body. Any representative of a
Lodge shall not be deemed a trustee until the notice referred to in
section 2 of the Ordinance including his name as a trustee has been filed
with the Registrar of Companies.

5. The trustees shall appoint annually from among themselves a
president and a vice-president. At all meetings the president shall
preside, or in his absence the vice-president, or in the absence of both
the senior past master present.

6. The trustees shall appoint annually an honorary treasurer who
must be a subscribing member of a Lodge in Hong Kong, who shall
collect all sums due to the corporation and keep an accurate account of
all moneys received and disbursed to be presented at each meeting. He
shall also carry out the duties of secretary to the trustees.

7. The trustees shall also appoint one or more auditors (who shall
not be trustees) to audit the accounts and present a statement at the
annual meeting.





FUNDS

8. All contributions shall be paid to the honorary treasurer and
shall by him be placed to the credit of the corporation in a local bank or
invested as the trustees may deem advisable.

9. No payment on account of the corporation shall be made without
the order of the trustees, payment on petty cash account excepted, for
which latter purpose the trustees may place such sum as they think fit at
the disposal of the honorary treasurer, who shall furnish a correct
account of all such payments at each meeting of the trustees. All
cheques shall be signed by the honorary treasurer.

SCHOLARSHIP

10. A scholarship shall be granted to the person selected by the
trustees for one year only in the first instance, but such scholarship
shall be renewable yearly at the discretion of the trustees.

11. In the event. of there being more than one candidate qualified to
receive the benefits of this endowment, the trustees shall make the
award mainly on the result of a matriculation or equivalent examination
but shall also take into consideration the character of the candidate and
the financial position of the candidate's family.

MEETINGS

12. The annual meeting of the trustees shall be held not later than
the month of May in every year when the report of the trustees and the
audited statement of accounts made up to the 31st December of the
previous year shall be presented and any business of the previous year
discussed, after which, the accounts and report being passed, the
trustees shall proceed with the appointment of the officers for the
ensuing year and discuss any business having reference to the
corporation which may be brought before the meeting. Emergency
meetings may be called at any time by the president or in his absence by
the vice-president, or in the absence of both, by the senior past master.

QUORUM

13. At all meetings three trustees shall form a quorum.
25 of 1929, Schedule. G.N.A. 149/49. 72 of 1975. G.N.A. 149/49. G.N.A. 149/49.

Abstract

25 of 1929, Schedule. G.N.A. 149/49. 72 of 1975. G.N.A. 149/49. G.N.A. 149/49.

Identifier

https://oelawhk.lib.hku.hk/items/show/3473

Edition

1964

Volume

v26

Subsequent Cap No.

1007

Number of Pages

2
]]>
Tue, 23 Aug 2011 18:35:45 +0800
<![CDATA[CHATER MASONIC SCHOLARSHIP FUND ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3472

Title

CHATER MASONIC SCHOLARSHIP FUND ORDINANCE

Description






LAWS OF HONG KONG

CHATER MASONIC SCHOLARSHIP FUND
ORDINANCE

CHAPTER 1007





CHAPTER 1007

CHATER MASONIC SCHOLARSHIP FUND

To provide for the incorporation of the Trustees of the Chater
Masonic Scholarship Fund.

[1 November 1929.]

1. This Ordinance may be cited as the Chater Masonic Scholarship
Fund Ordinance.

1A. (1) The object of the Chater Masonic Scholarship Fund is to
provide scholarships for the sons and daughters of

(a)freemasons, without distinction of class or nationality, who are
members of any masonic bodies in the District of Hong Kong
and the Far East; and

(b)deceased freemasons who were members of any of such
masonic bodies as aforesaid.

(2) The scholarships provided under subsection (1) shall be at the
University of Hong Kong, the Chinese University of Hong Kong, the
Hong Kong Polytechnic or any seat of higher learning situated outside
the Colony. (Replaced, 24 of 1981, s. 2)

(Added, 72 of 1975, s. 2)

2. (1) The trustees of the Chater Masonic Scholarship Fund and
their successors in office as hereinafter defined shall be a body
corporate, hereinafter called the corporation, and shall have the name of
'The Trustees of the Chater Masonic Scholarship Fund', and in that
name shall have perpetual succession and shall and may sue and be
sued in all courts in the Colony and shall and may have and use a
common seal.

(2) Trustees shall be appointed in accordance with the by~laws of
the corporation hereinafter referred to, and shall for the time being be
deemed to be successors in office of the first trustees and be members
of the corporation upon notice of their appointment, and of the
retirement of the retiring trustees (if any) whom they have been
appointed to replace, being filed with the Registrar of Companies.

(3) Any such notice shall be signed by 2 of the continuing or
retiring trustees and shall be sealed with the common seal of the
corporation.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

3. (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 the purchase of or upon
mortgage of any lands, buildings, messuages or tenements, or upon
bankers' fixed deposits or upon the mortgages, debentures, stocks,
funds, shares or securities of any government, municipality,
corporation, company or person and also to purchase, acquire and
possess any 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, or any goods and chattels, which are for the time
being vested in or belonging-to the corporation, upon such terms as to
the corporation may seem fit.

4. (1) The corporation may make by-laws for its internal
management and control, and all such by-laws when agreed upon by the
corporation shall be binding on every member thereof. (Amended, 72 of
1975, s. 3)

(2) Amendments to the by-laws shall be made by the trustees in
general meeting, and at least 14 clear days' written notice of the
resolution to effect such amendment shall be given to each of the
trustees present in the Colony at the time.

(3) A copy of the by-laws certified as correct by -2 of the trustees
and sealed with the common seal of the corporation shall be deposited
and filed with the Registrar of Companies, and whenever such by-laws
are altered a copy thereof as altered and certified as aforesaid shall also
be forthwith deposited and filed with the said Registrar. (Amended, 33
of 1939, Supp. Schedule, G.N. 840/40)

5. All deeds and other instruments requiring the corporate seal of
the corporation shall be sealed in the presence of 2 of the trustees and
shall be signed by 2 of the trustees.

6. 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 25 1929. (Cap. 270, 1950.) 33 of 1939. 72 of 1975. 24 of 1981. Short title. Object of Chater Masonic Scholarship Fund. Incorporation. Powers of corporation. Power to make by-law, method of amendment and the certification and deposit thereof. Execution of documents. Saving.

Abstract

Originally 25 1929. (Cap. 270, 1950.) 33 of 1939. 72 of 1975. 24 of 1981. Short title. Object of Chater Masonic Scholarship Fund. Incorporation. Powers of corporation. Power to make by-law, method of amendment and the certification and deposit thereof. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3472

Edition

1964

Volume

v26

Subsequent Cap No.

1007

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:44 +0800
<![CDATA[CATHOLIC MISSION OF MACAO INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3471

Title

CATHOLIC MISSION OF MACAO INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

CATHOLIC MISSION OF MACAO INCORPORATION

ORDINANCE

CHAPTER 1006





CHAPTER 1006.

CATHOLIC MISSION OF MACAO INCORPORATION.

To provide for the incorporation of the Administrator in Hong Kong of
the Catholic Mission of Macao.

[6th December. 1935.]

1. This Ordinance may be cited as the Catholic Mission of Macao
Incorporation Ordinance.

2. The Bishop of Macao, and his successors in the office of Bishop
of Macao shall be a corporation sole, hereinafter called the corporation
and shall have the name of The Administrator in Hong Kong of the
Catholic Mission of Macao% and in that name shall have perpetual
succession and shall and may sue and be sued in all courts in the
Colony and shall and may have and use a common seal.

3. (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. company or person, and also to purchase, acquire and
possess vessels and other 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, or vessels or other goods and chattels. which art-
for the time being vested in or belonging to the corporation, upon such
terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever transferred to the
corporation in any manner whatsoever shall in the event of the death of
the Administrator in Hong Kong of the Catholic Mission of Macao for
the time being, or in the event of his ceasing to hold office as such
Administrator pass to his successor in such office when appointed.

5. (1) Until the appointment of such successor as aforesaid the
Vicar Capitular of the Diocese of Macao appointed by the Chapter of
the Diocese of Macao or by the Archbishop of Goa shall on his
furnishing to the Governor satisfactory evidence of his appointment be
entitled to exercise on behalf of the corporation all the powers and
authorities hereby conferred.





(2) A notification in the Gazette under the hand of the Colonial
Secretary that such evidence has been furnished to the Governor by
such person shall be conclusive evidence of his authority to act.

6. All deeds and other instruments requiring fig the seal of the
corporation shall be sealed in the presence of the said Administrator or
his attorney and shall be signed by him or his attorney, and such
signing shall be taken as sufficient evidence of the due scaling of such
deeds and other instruments, and all deeds, instruments and other
documents and writings requiring the signature of the corporation shall
be signed by such Administrator or his attorney.

7. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her Heirs or Successors, or the fights
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 53 of 1935. (Cap. 269, 1950.) Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of temporary Administrator. Execution of documents. Saving.

Abstract

Originally 53 of 1935. (Cap. 269, 1950.) Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Appointment of temporary Administrator. Execution of documents. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3471

Edition

1964

Volume

v26

Subsequent Cap No.

1006

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:43 +0800
<![CDATA[SCOUT ASSOCIATIN OF HONG KONG ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3470

Title

SCOUT ASSOCIATIN OF HONG KONG ORDINANCE

Description






LAWS OF HONG KONG

SCOUT ASSOCIATION OF HONG KONG ORDINANCE

CHAPTER 1005





CHAPTER 1005

SCOUT ASSOCIATION OF HONG KONG

To incorporate the Scout Association of Hong Kong, and to further
and protect its activities.

(Replaced, 28 of 1977, s. 2)

[2nd December, 1927.]

1. This Ordinance may be cited as the Scout Association of Hong
Kong Ordinance.

(Amended, 19 of 1975, s. 4, and 28 of 1977, s. 3)

2. In this Ordinance, unless the context otherwise requires

'Association' means the Scout Association of Hong Kong being the
body recognized by the World Scout Conference, and registered
with the World Scout Bureau, as the sole Scout organization in
Hong Kong; (Replaced, 28 of 1977, s. 4)

'constitution' means the constitution of the Association as approved
by the World Scout Conference, any amendment duly made thereto
and all by-laws and rules made thereunder; (Added, 28 of 1977, s. 4)

'Scout' includes Cub Scout, Scout, Sea Scout, Air Scout, Venture
Scout, Venture Sea Scout, Venture Air Scout, Rover Scout, Rover
Sea Scout, Rover Air Scout, Lone Scout, Deep Sea Scout, Cadet
Leader, and Scouter recognized as such, and also any person
recognized as an officer, under the constitution. (Replaced, 28 of
1977, s. 4)

3. No person other than the Association shall distribute or sell or
expose for sale

(a) any badge, token or emblem specifically adopted by the

Association for use by Scouts; or

(b) any badge, token or emblem containing the word 'Scout

any emblem referred to in paragraph (a) or the characters

(Amended, 19 of 1975, ss. 3 and 6; 28 of 1977, s. 5)

4. No person shall, except with the authority of the Association or
with other lawful authority or lawful excuse, have in his possession

(a) any badge, token or emblem specifically adopted by the

Association for use by Scouts; or

(b) any badge, token or emblem containing the word 'Scout'

any emblem referred to in paragraph (a) or the characters

(Amended, 19 of 1975, ss. 3 and 6; 28 of 1977 s. 6)





5. 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 Association for use by
Scouts 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 Scout as to be calculated
to deceive or mislead.

(Amended, 19 of 1975, ss. 3 and 7; 28 of 1977, s. 7)

6. No Scout shall, by virtue of his wearing, carrying or bearing any
badge, token or emblem of the Association or otherwise, attempt to
enforce or exercise authority otherwise than in accordance with the
constitution.

(Amended, 19 of 1975, ss. 3 and 7; 28 of 1977, s. 8)

7. (1) No person shall form or work in connexion with or be a
member of any organization which without authority from the
Association claims or purports to be 'Scouts', or any organization,
other than the Association, which uses the title of 'Scouts' or the
Chinese characters or any title in any language, with or without
additional words or characters, which so closely resembles 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 Association.
(Amended, 19 of 1975, ss. 3 and 8; 28 of 1977, s. 9)

(2) [Deleted, 28 of 1977, s. 9]

8. Any person who contravenes any of the provisions of section 3,
4, 5 or 7 shall be guilty of an offence and shall be liable on conviction to
a fine of $5,000.

(Replaced, 19 of 1975, s. 9; and 28 of 1977, s. 10)

9. (1) The Scout Association of Hong Kong shall be a body
corporate consisting of the persons for the time being holding office in
the Association as

(a) President;

(b) Chief Commissioner;

(c) Chairman of the Executive Committee;

(d) Secretary; and

(e) Treasurer. (Replaced, 28 of 1977, s. 11)

(IA) The corporation shall have perpetual succession, may sue and
be sued in all courts and shall have and may use a common seal. (Added,
19 of 1975, s. 10)





(2) Whenever any person is appointed to the office of President,
Chief Commissioner, Chairman of the Executive Committee, Secretary or
Treasurer of the Association, such person shall, within 6 weeks after his
appointment or within such further time as may be allowed by the
Governor, furnish to the Governor satisfactory evidence of his
appointment. (Amended, 19 of 1975, ss. 3 and 10; 28 of 1977, t. 11)

(3) A notification in the Gazette under the hand of the Chief
Secretary that such evidence has been furnished to the Governor by
such person shall be conclusive evidence of such appointment.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)

9A. (1) Where any of the officers specified in section 9(1) is unable,
by reason of sickness, absence from Hong Kong or any other cause, to
discharge any of the powers or duties to be exercised or performed by
him under this Ordinance, those powers or duties may be exercised or
performed by his deputy.

(2) The deputy to the President shall be such one of the
VicePresidents as may be nominated by the President as his deputy and
appointed in accordance with the constitution. (Amended, 28 of
1977,s.12)

(Added, 19 of 1975, s. 11)

10. (1) The Association 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 Association 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 Association, upon such terms
as to the corporation may seem fit.

(3) The Association may purchase or otherwise acquire and
undertake all or any part of the property, liabilities or engagements of
any company, institution, society or association whose activities or
objects are connected with or are similar to those of the Association.
(Added, 19 of 1975, s. 12)

(Amended, 28 of 1977, s. 13)

11. All instruments requiring the signature of the Association shall
be signed by, and all deeds and other instruments requiring the





seal of the Association shall be sealed in the presence of, the President
and one of the persons specified in section 9(1)(b), (c), (d) and (e).

(Replaced, 19 of 1975, s. 13. Amended, 28 of 1977, s. 14)

12. All matters of internal management shall be settled and carried
out in accordance with the constitution.

(Replaced, 19 of 1975, s. 13. Amended, 28 of 1977, s. 15)

13. Nothing in this Ordinance shall affect or be deemed to allect 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.

(Amended, 33 of 1939, Supp. Schedule, G.N. 840/40)
Originally 22 of 1927. (Cap. 268, 1950.) 33 of 1939. 22 of 1950. 19 of 1975. 28 of 1977. Short title. Interpretation. Distribution of badges. Unauthorized possession of badges. Possession of unauthorized badges. Wrongful exercise of authority. Unauthorized bodies. Penalty. Incorporation. Officers deputies. Powers of corporation. Execution of documents. Internal management. Saving.

Abstract

Originally 22 of 1927. (Cap. 268, 1950.) 33 of 1939. 22 of 1950. 19 of 1975. 28 of 1977. Short title. Interpretation. Distribution of badges. Unauthorized possession of badges. Possession of unauthorized badges. Wrongful exercise of authority. Unauthorized bodies. Penalty. Incorporation. Officers deputies. Powers of corporation. Execution of documents. Internal management. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3470

Edition

1964

Volume

v26

Subsequent Cap No.

1005

Number of Pages

5
]]>
Tue, 23 Aug 2011 18:35:42 +0800
<![CDATA[BISHOP OF VICTORIA INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3469

Title

BISHOP OF VICTORIA INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

BISHOP OF VICTORIA INCORPORATION ORDINANCE

CHAPTER 1004





CHAPTER 1004

BISHOP OF VICTORIA INCORPORATION

To provide for the incorporation of the Bishop of Victoria in the
Colony of Hong Kong.

[6th March, 1925.]

1. This Ordinance may be cited as the Bishop of Victoria
Incorporation Ordinance.

2. The Bishop of Victoria in the Colony of Hong Kong, and his
successors in the said office of Bishop, shall be a corporation sole,
hereinafter called the corporation, and shall have the name of 'The
Bishop of Victoria, Hong Kong', and in that name shall have perpetual
succession, and shall and may sue and be sued in all courts in the
Colony and shall and may have and use an official seal.

3. (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 and
other 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, or other goods and chattels, which are for
the time being vested in or belonging to the corporation, upon such
terms as to the corporation may seem fit.

4. The legal estate in any property whatsoever, transferred to the
corporation in any manner whatsoever, shall, in the event of the death
of the Bishop of Victoria for the time being or in the event of his ceasing
to hold office as such Bishop, pass to his successor in such office when
appointed.

5. All deeds and other instruments requiring the corporate seal of
the corporation shall also be signed by the Bishop of Victoria for the
time being.

6. Any instrument sealed with the corporate seal of the corporation
shall not by reason only of the use of such seal be rendered liable to a
higher stamp duty than if the corporation sole were a natural person.





7. (1) Subject to subsection (2), the piece or parcel of ground
registered in the Land Office as Sections A and B and the Remaining
Portion of Inland Lot No. 76 and intended to be surrendered to the
Crown and regranted to the corporation and thereupon registered as
Inland Lot No. 7360 (hereinafter in this section referred to as 'the said
premises') is vested in the corporation, for the unexpired residue of the
term of years created by a Crown lease dated the 26th September 1911
under which the said premises are held, subject to the payment of the
rent and the performance of the covenants and conditions reserved by
and contained in the said Crown lease of the same.

(2) The corporation is deemed to have been freed and discharged,
with effect from the 6th March 1925, from the following covenant in the
said Crown lease

'AND FURTHER that the said Lessee his successors and assigns
or any other person or persons shall not nor will, during the
continuance of this demise, use, or allow to be used the said
premises or any part thereof, for any other purpose whatever than
for the promotion of the charitable designs and objects of Saint
Paul's College as they may be from time to time legally established
without the previous licence or consent of His said Majesty, His
Heirs, Successors, or Assigns signified in writing by the Governor
of the said Colony of Hong Kong, or other persons duly authorized
in that behalf.',

and such covenant shall be deemed to have been wholly extinguished.

(3) The corporation shall hold the said premises and all profits
arising therefrom upon trust

(a)for the training of men and women for the ordained and lay
ministry of the Anglican Church in Hong Kong;

(b)with the prior approval of the Hong Kong- Bishopric Fund
Trustees Incorporated, for the augmentation of the income of
the holder for the time being of the office of Bishop of Victoria,
by an amount not exceeding in any year the sum of sixty
thousand dollars or such larger amount as the Governor, on
the application of the said Trustees, may approve in respect of
any period not exceeding five years;

(c)for the promotion of welfare organizations concemed with the
education, training and development of young people m Hong
Kong;

(d)for providing office accommodation for the administrative work
of the Diocese; and

(e)for such other purposes as may be sanctioned from time to
time by the Governor.

(4) The Hong Kong Bishopric Fund Trustees Incorporated referred
to in subsection (3)(b) are the trustees registered in that name under the
Registered Trustees Incorporation Ordinance and shall have power to
act as trustees for the purposes of that paragraph.





(5) In the event of the whole or any part of the said premises being
sold, surrendered, mortgaged, exchanged for other premises, leased in
consideration of a premium or otherwise alienated in consideration of a
capital sum or in exchange for other premises, the trusts set forth in
subsection (3) shall apply to such capital sum or exchanged premises
and to the income and profits therefrom; and no person dealing with the
corporation in the exercise of any of its powers set forth in section 3 in
relation to the said premises or any part thereof shall be concemed to
see that the said trusts are or have been observed.

(6) Before the first day of June in each year the corporation shall
submit audited accounts to the Colonial Secretary and the Attorney
General in such form and in respect of such period as the Colonial
Secretary may specify, and shall furnish such further information as he
may require.

(7) Use made of the said premises or any part thereof and the
income and profits therefrom prior to the commencement of the Bishop
of Victoria Incorporation (Amendment) Ordinance 1972 shall be deemed
to have been in accordance with the covenants and conditions
contained in the said Crown lease of the said premises. (Added, 3 of
1972, s. 2)

8. 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 4 of 1925. (Cap. 267, 1950.) 3 of 1972. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Stamp duty. Discharge of convenant in Crown lease relating to Inland Lot No. 76. (Cap. 306.) (3 of 1972.) Saving.

Abstract

Originally 4 of 1925. (Cap. 267, 1950.) 3 of 1972. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Stamp duty. Discharge of convenant in Crown lease relating to Inland Lot No. 76. (Cap. 306.) (3 of 1972.) Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3469

Edition

1964

Volume

v26

Subsequent Cap No.

1004

Number of Pages

4
]]>
Tue, 23 Aug 2011 18:35:41 +0800
<![CDATA[BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION ORDINANCE]]> https://oelawhk.lib.hku.hk/items/show/3468

Title

BISHOP OF THE ROMAN CATHOLIC CHURCH IN HONG KONG INCORPORATION ORDINANCE

Description






LAWS OF HONG KONG

BISHOP OF THE ROMAN CATHOLIC CHURCH IN

HONG KONG INCORPORATION ORDINANCE

CHAPTER 1003





CHAPTER 1003

BISHOP OF THE ROMAN CATHOLIC CHURCH
IN HONG KONG INCORPORATION

To providefor the incorporation of the Bishop of the Roman Catholic
Church in Hong Kong.

(Amended, 64 of 1948, s. 2)

[15th May, 1885.]

1. This Ordinance may be cited as the Bishop of the Roman
Catholic Church in Hong Kong Incorporation Ordinance.

(Amended, 5 of 1924, s. 6, and 64 of 1948, s. 2)

2. The Bishop of the Roman Catholic Church in Hong Kong, and
his successors in the office of Bishop of the Roman Catholic Church in
Hong Kong, shall be a corporation sole, hereinafter called 'the
corporation', and shall have the name of 'The Bishop of the Roman
Catholic Church in Hong Kong', and in that name shall have perpetual
succession, shall be capable of suing and being sued, and shall have a
common seal.

(Replaced, 40 of 1975, s. 2)

2A. (1) Subject to subsection (3), the corporation shall have the
following powers

(a)to acquire, lease, hold and enjoy any land or buildings on such
terms as it thinks fit;

(b) to invest its money-

(i) on deposit at any bank, whether in Hong Kong or
elsewhere; or

(ii) in the stocks, shares, or securities of any corporation
carrying on business either in Hong Kong or elsewhere;

(c) to purchase, hire or acquire any movable property;

(d)to sell, lease or otherwise dispose of, and to charge any of its
property on such terms as it thinks fit;

(e)to develop or turn to account any of its immovable property in
such manner and on such terms as it thinks fit;

(f)to borrow money for the corporation's purposes and to charge
all or any of its property.

(2) The powers conferred on the corporation by subsection (1) may
be exercised either alone or jointly with one or more other persons.





(3) In respect of land and buildings

(a) acquired with public money; or

(b) granted by the Government for any special purpose,

prior to the commencement of this Ordinance, the powers conferred on
the corporation by subsection (1)(d), (e) and (f) shall not be exercised
except with the consent of the Governor in Council.

(Added, 40 of 1975, s. 2)

3. 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.

(Replaced, 64 of 1948, s. 3)
Originally 10 of 1885. (Cap. 266, 1950.) 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 21 of 1912. 5 of 1924. 64 of 1948. 40 of 1975. Short title. Incorporation. Powers of the corporation. Saving.

Abstract

Originally 10 of 1885. (Cap. 266, 1950.) 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 21 of 1912. 5 of 1924. 64 of 1948. 40 of 1975. Short title. Incorporation. Powers of the corporation. Saving.

Identifier

https://oelawhk.lib.hku.hk/items/show/3468

Edition

1964

Volume

v26

Subsequent Cap No.

1003

Number of Pages

3
]]>
Tue, 23 Aug 2011 18:35:41 +0800