TUNG WA HOSPITAL INCORPORATION ORDINANCE, 1870
Title
TUNG WA HOSPITAL INCORPORATION ORDINANCE, 1870
Description
No. 1 of 1870.
An Ordinance for establishing a Chinese hospital to be
supported by voluntary contributions, and for erecting
the same into an eleemosynary corporation.
[30th March, 1870.]
WHEREAS it has been proposed by the Governor, His Excellency
Sir Richard Graves MacDonnell, to found a Chinese hospital for
the care and treatment of the indigent sick, to be supported by
voluntary contributions; AND WHEREAS Her Majesty Queen Victoria
has beeen graciously pleased by way of endowment of the said
hospital, to grant a piece of Crown land as a site for the erection
thereof, and also to suthorise the payment out of the public funds
of the Colony of a donation of 15,000 dollars towards the cost and
expenses of erecting and maintaining the same; AND WHEREAS
several pesons are donors to the funds of the said intended hospital,
and have formed themselves into a committee for the purpose
of carrying out the objects aforesaid; AND WHEREAS, for the better
*As amened by Law Rev. ORd., 1923. See also No. 38 of 1911.
accomplishment thereof, they have applied to the Governor to grant
to them an Ordinance of incorporation, which the Governor has
consented to do, under and subject to the conditions and provisions
hereinafter contained:-
1. This Ordinance may be cited as the Tung Wa Hospital
Incorporation ORdinance, 1870.
2. Such and so many pesons 9being of Chinese origin) as
may become donors of any sum not under ten dollars to the
funds of the said hospital and whose names are entered upon
the register of members hereinaafter provided, (hereinafter
caled members), shall be one body politic and corporate, in
name and in deed, by the name of The Tung Wa Hospital,
with perpetual succession and a common seal, and with
power to purchase, hold, take and enjoy, to themselves and
their successors, all houses, buildings, lands and heredita-
ments which they may require for the purposes of the said
hospital; and shall and may sue and be sued in their cor-
porate name in all courts.
3. The corporation is erected for the purpose of establish-
ing and maintaining a public free hospital for the treatment
of the indigent sick among the Chinese population, and is to
be supported by voluntary contributions and governed by a
board of direction: Provided, nevertheless, that it shall be
lawful for the board of direction to admit any Chinese
patients into the said hospital on payment of such charges
and on such conditions as may be specified in regulations
made in that behalt.
[ss. 4 and 5, rep. No. 62 of 1911.]
6.-(1) A permanent board of direction shall be formed,
consisting of not less than six and not more than sixteen
members of the corporation (hereinafter called directors),
to be elected as hereinafter mentioned, who shall appoint
one of their body to be president.
(2) Every director shall hold office for the erm of one
year only, but shall be re-eligible at the expiration therof.
* As amended by Law Rev. Ord., 1923.
7.-(1) The directors shall be elected as occasion may
require, by a majority of votes of members who are within
the Colony at the time of such election.
(2) Every such member shall, until otherwise proviede by
regulation, be entitled to one vote only.
8. The directors shall, subject to the provisions of this
Ordinance, have full power and authority generally to govern,
direct, and decide all matters whatsoever connected with the
administration of the affairs of the corporation and the ac-
complishment of the object and purposes thereof, and may
appoint a board of management consisting of so many mem-
bers of the corporation as they may think fit, who shall,
under regualtions made by the directors in that behalf,
undertake and exercise the immediate supervision and man-
agement of the hospital.
9. The directors shall have power, with the consent of the
Governor in Council, to change or vary the name and the
common seal of the corporation, and the amount of the dona-
tion to the funds of the hospital hereinbefore prescibed as a
qualification for becoming a member, and the erm of office
of the directors, and also may, for reasonable cause and with
such consent as aforesaid, refuse to admit any person as a
member, and may expel any existing member and casuse his
name to be erased from the register.
10. the directors shall have power to make regulations
for their procedure in the transaction of business and the
maintenance of good order at their meetings, for the mode
of voting for the election of directors and the appointment
of the president thereof, for the guidance of the board of
management, and generally for all matters relating to the
administration and generally for all matters relating to the
always that a copy of such regulations shall be furnished to
the Colonial Secretary, and every such regulation shall be
subject to disallowance at any time by the Governor in
Council.
11. All questions which may arise at any meeting of the
directors shall be decided by a majority of vites, and, in
case of an equality of votes, the president, in addition to his
original vote, shall have a casting vote.
12. In case any doubt or ambiguity arises and any con-
troversy takes place among the directors, to the interpreta-
tion of this Ordinance, the same shall be referred to the
Governor in Council, whose decision thereon shall be, final.
[s. 13, rep. No. 62 of 1911.]
14. The hospital and all buildings ald premises of the
corporation shall be open at all reasonable times to the
inspection of the Secretary for Chinde Affairs, of the
Principal Civil Medical Officer, any other person whom
Governor may appoint in that behalf.
15. The directors shall-
(1) cause a register to be kept in which every person
desiring to become a member and being duly quallified shall,
subject to the provisions of section 9, be entitled to have his
name inscribed;
(2) cause proper books of account to be kept, which shall
be opne at all reasonable times to the inspection of members
and of any person whom the Governor in Council may
appoint in that behalf; and,
(3) within one month after the expiration of every year of
the Chinese calendar, transmit to the Colonial Secretary a
true statement of the assets and liabilities of the corporate
and an account of its receipts and disbursements during the
previous year, and such statement shall, if required, be
verified upon oath before a justice of the peace by two direc-
tors.
16. In case it is at any time shown, to the satisfaction of
the Governor in Council, that the corporation has ceased, or
neglected, or failed to carry out in a proper manner the
object and purposes of this Ordinance or to fulfil the con-
ditions thereof, or that sufficient funds cannot be obtained by
voluntary contributions to defray the necessary expenses of
maintaining the said hospital, or that the corporation is un-
able for any rreason to pay its debts, t shall be lawful for
the Governor, with the advice of the Legislative Council, by
an Ordinance to be passed for that purpose, to repeal this
Ordinance and to declare that the incorporation hereby
* As amended by Law Rev. Ord., 1923.
granted shall cease and determine and become absolutely
void: Provided always that six month notice of the
Governor's intention to pass such an Ordinance shall be pre-
viously given to the corporation.
17. In case the incorporation hereby granted ceases under
the provisions of section 16, all the property and assets of
the corporation shall become vested in the Crown, subject to
the rateable payment thereout of the just debts and liabilities
of the corporation, to the extent of such propety and assets
and in such manner as may be provided by the repealing
Ordinance or by any order to be made in that behalf by the
Governor in Council.
[Schedule (of original donors), rep. No. 62 of 1911.]
[Originally No. 3 of 1870. Law Rev. Ord., 1924.] Short title. Grant of incorporation to donors to the Tung Wa Hospital. Object and purpose of incorporation. Permanent board of direction. Election of members of board. General power of directors, appointment of board of management, etc. Special powers to be exercised by directors with consent of Governor in Council. Regulations. Decision of questions at meetings of directors. Decision of questions as to interpretation of Ordinance. Inspection of hospital. [cf. No. 1 of 1900, s. 2 and No. 38 of 1911, s. 3.] Register of members, books of account, etc. [cf. No. 9 of 1904, s. 8.] Provision for repeal of Ordinance in certain cases. [cf. No. 1 of 1900, s. 2, and No. 38 of 1911, s. 3.] Disposal of property of corporation in case of repeal of Ordinance. [cf. No. 1 of 1900, s. 2.]
An Ordinance for establishing a Chinese hospital to be
supported by voluntary contributions, and for erecting
the same into an eleemosynary corporation.
[30th March, 1870.]
WHEREAS it has been proposed by the Governor, His Excellency
Sir Richard Graves MacDonnell, to found a Chinese hospital for
the care and treatment of the indigent sick, to be supported by
voluntary contributions; AND WHEREAS Her Majesty Queen Victoria
has beeen graciously pleased by way of endowment of the said
hospital, to grant a piece of Crown land as a site for the erection
thereof, and also to suthorise the payment out of the public funds
of the Colony of a donation of 15,000 dollars towards the cost and
expenses of erecting and maintaining the same; AND WHEREAS
several pesons are donors to the funds of the said intended hospital,
and have formed themselves into a committee for the purpose
of carrying out the objects aforesaid; AND WHEREAS, for the better
*As amened by Law Rev. ORd., 1923. See also No. 38 of 1911.
accomplishment thereof, they have applied to the Governor to grant
to them an Ordinance of incorporation, which the Governor has
consented to do, under and subject to the conditions and provisions
hereinafter contained:-
1. This Ordinance may be cited as the Tung Wa Hospital
Incorporation ORdinance, 1870.
2. Such and so many pesons 9being of Chinese origin) as
may become donors of any sum not under ten dollars to the
funds of the said hospital and whose names are entered upon
the register of members hereinaafter provided, (hereinafter
caled members), shall be one body politic and corporate, in
name and in deed, by the name of The Tung Wa Hospital,
with perpetual succession and a common seal, and with
power to purchase, hold, take and enjoy, to themselves and
their successors, all houses, buildings, lands and heredita-
ments which they may require for the purposes of the said
hospital; and shall and may sue and be sued in their cor-
porate name in all courts.
3. The corporation is erected for the purpose of establish-
ing and maintaining a public free hospital for the treatment
of the indigent sick among the Chinese population, and is to
be supported by voluntary contributions and governed by a
board of direction: Provided, nevertheless, that it shall be
lawful for the board of direction to admit any Chinese
patients into the said hospital on payment of such charges
and on such conditions as may be specified in regulations
made in that behalt.
[ss. 4 and 5, rep. No. 62 of 1911.]
6.-(1) A permanent board of direction shall be formed,
consisting of not less than six and not more than sixteen
members of the corporation (hereinafter called directors),
to be elected as hereinafter mentioned, who shall appoint
one of their body to be president.
(2) Every director shall hold office for the erm of one
year only, but shall be re-eligible at the expiration therof.
* As amended by Law Rev. Ord., 1923.
7.-(1) The directors shall be elected as occasion may
require, by a majority of votes of members who are within
the Colony at the time of such election.
(2) Every such member shall, until otherwise proviede by
regulation, be entitled to one vote only.
8. The directors shall, subject to the provisions of this
Ordinance, have full power and authority generally to govern,
direct, and decide all matters whatsoever connected with the
administration of the affairs of the corporation and the ac-
complishment of the object and purposes thereof, and may
appoint a board of management consisting of so many mem-
bers of the corporation as they may think fit, who shall,
under regualtions made by the directors in that behalf,
undertake and exercise the immediate supervision and man-
agement of the hospital.
9. The directors shall have power, with the consent of the
Governor in Council, to change or vary the name and the
common seal of the corporation, and the amount of the dona-
tion to the funds of the hospital hereinbefore prescibed as a
qualification for becoming a member, and the erm of office
of the directors, and also may, for reasonable cause and with
such consent as aforesaid, refuse to admit any person as a
member, and may expel any existing member and casuse his
name to be erased from the register.
10. the directors shall have power to make regulations
for their procedure in the transaction of business and the
maintenance of good order at their meetings, for the mode
of voting for the election of directors and the appointment
of the president thereof, for the guidance of the board of
management, and generally for all matters relating to the
administration and generally for all matters relating to the
always that a copy of such regulations shall be furnished to
the Colonial Secretary, and every such regulation shall be
subject to disallowance at any time by the Governor in
Council.
11. All questions which may arise at any meeting of the
directors shall be decided by a majority of vites, and, in
case of an equality of votes, the president, in addition to his
original vote, shall have a casting vote.
12. In case any doubt or ambiguity arises and any con-
troversy takes place among the directors, to the interpreta-
tion of this Ordinance, the same shall be referred to the
Governor in Council, whose decision thereon shall be, final.
[s. 13, rep. No. 62 of 1911.]
14. The hospital and all buildings ald premises of the
corporation shall be open at all reasonable times to the
inspection of the Secretary for Chinde Affairs, of the
Principal Civil Medical Officer, any other person whom
Governor may appoint in that behalf.
15. The directors shall-
(1) cause a register to be kept in which every person
desiring to become a member and being duly quallified shall,
subject to the provisions of section 9, be entitled to have his
name inscribed;
(2) cause proper books of account to be kept, which shall
be opne at all reasonable times to the inspection of members
and of any person whom the Governor in Council may
appoint in that behalf; and,
(3) within one month after the expiration of every year of
the Chinese calendar, transmit to the Colonial Secretary a
true statement of the assets and liabilities of the corporate
and an account of its receipts and disbursements during the
previous year, and such statement shall, if required, be
verified upon oath before a justice of the peace by two direc-
tors.
16. In case it is at any time shown, to the satisfaction of
the Governor in Council, that the corporation has ceased, or
neglected, or failed to carry out in a proper manner the
object and purposes of this Ordinance or to fulfil the con-
ditions thereof, or that sufficient funds cannot be obtained by
voluntary contributions to defray the necessary expenses of
maintaining the said hospital, or that the corporation is un-
able for any rreason to pay its debts, t shall be lawful for
the Governor, with the advice of the Legislative Council, by
an Ordinance to be passed for that purpose, to repeal this
Ordinance and to declare that the incorporation hereby
* As amended by Law Rev. Ord., 1923.
granted shall cease and determine and become absolutely
void: Provided always that six month notice of the
Governor's intention to pass such an Ordinance shall be pre-
viously given to the corporation.
17. In case the incorporation hereby granted ceases under
the provisions of section 16, all the property and assets of
the corporation shall become vested in the Crown, subject to
the rateable payment thereout of the just debts and liabilities
of the corporation, to the extent of such propety and assets
and in such manner as may be provided by the repealing
Ordinance or by any order to be made in that behalf by the
Governor in Council.
[Schedule (of original donors), rep. No. 62 of 1911.]
[Originally No. 3 of 1870. Law Rev. Ord., 1924.] Short title. Grant of incorporation to donors to the Tung Wa Hospital. Object and purpose of incorporation. Permanent board of direction. Election of members of board. General power of directors, appointment of board of management, etc. Special powers to be exercised by directors with consent of Governor in Council. Regulations. Decision of questions at meetings of directors. Decision of questions as to interpretation of Ordinance. Inspection of hospital. [cf. No. 1 of 1900, s. 2 and No. 38 of 1911, s. 3.] Register of members, books of account, etc. [cf. No. 9 of 1904, s. 8.] Provision for repeal of Ordinance in certain cases. [cf. No. 1 of 1900, s. 2, and No. 38 of 1911, s. 3.] Disposal of property of corporation in case of repeal of Ordinance. [cf. No. 1 of 1900, s. 2.]
Abstract
[Originally No. 3 of 1870. Law Rev. Ord., 1924.] Short title. Grant of incorporation to donors to the Tung Wa Hospital. Object and purpose of incorporation. Permanent board of direction. Election of members of board. General power of directors, appointment of board of management, etc. Special powers to be exercised by directors with consent of Governor in Council. Regulations. Decision of questions at meetings of directors. Decision of questions as to interpretation of Ordinance. Inspection of hospital. [cf. No. 1 of 1900, s. 2 and No. 38 of 1911, s. 3.] Register of members, books of account, etc. [cf. No. 9 of 1904, s. 8.] Provision for repeal of Ordinance in certain cases. [cf. No. 1 of 1900, s. 2, and No. 38 of 1911, s. 3.] Disposal of property of corporation in case of repeal of Ordinance. [cf. No. 1 of 1900, s. 2.]
Identifier
https://oelawhk.lib.hku.hk/items/show/1081
Edition
1923
Volume
v1
Subsequent Cap No.
1051
Cap / Ordinance No.
No. 1 of 1870
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TUNG WA HOSPITAL INCORPORATION ORDINANCE, 1870,” Historical Laws of Hong Kong Online, accessed March 18, 2025, https://oelawhk.lib.hku.hk/items/show/1081.
