MAN MO TEMPLE ORDINANCE, 1908

MAN MO TEMPLE ORDINANCE, 1908

No. 10 of 1908.

an ordinance for the transfer of the properties of the
man mo temple to the tunng wa hospital.

[5th June, 1908]

WHEREAS the several leasehold hereditaments and premises set out in
the Schedule were granted to or became vested in certain persons
as trustees for and on behalf of the Chinese community of Hongkong
or for and on behalf of a Chinese temple in hongkong situate upon
some of the said hereditaments and premises and known as The
Man Mo Temple ; AND WHEREAS the said persons or the greater
number of them are now dead or cannot be found; AND WHEREAS
the said hereditaments and premises and the affairs of the said
Temple have for many years been managed by the Directors of the
Tung Wa Hospital and it is desirable to vost the said hereditaments
and premises and the temple in the Tung Wa Hospital under and
subject to the conditions and provisions hereinafter contained :-

1. This Ordinance may be cited as the man mo temple
Ordidance, 1908.

2. All the inessuages, lands, Lenements and hereditamnets
described in the Schedule and all other properties and
moneys now belonging to or in the possession or under the
control of the Man Mo Temple shall be and become and
remain and continue vestled in the Tung wa hospital, as to

As amended by Law Rev. Ord., 1924.





the said lands for the unexpired residue of the several and
respective terms of years created y the crown leases
of the said lands respectively, but subject to the payment
of the Crown rent or due proportion of the Crown rent
reserved by such leases respectively, and subject to the
observance and performance of the covenants and conditions
and subject to the provisions respectively contained in such
Crown leases so far as, the samo relate to the several here-
ditaments and premises comprised in the Schedule.

3. It shall be lawful for the Tung Wa Hospital at any
time hereafter (with the consent in writing of the Govornor)
to purchase or otherwise acquire, hold, take and enjoy any
messuages, lands, tenements and hereditaments whatsoever
in this Colony for the purposes of this ordinance.

4. it shall. ho lawful for the Tung Wa flospital (with the
consent in writing of the Governor) to sell, exchange, mort
gage, or in any manner dispose of, or (without such consent)
to let or demise for any term. not exceeding three years
any or demise for any term not exceeding three years
hereby vested in or hereafter acquired by the Tung Wa
hospital for the purposes of this Ordinance, and also to do
any other act, matter or thing in relation to any such
messuages, lands, tenements and hereditaments which the
Tung Wa Hospital shall deem necessary or expedient.

5. Upon any such sale, mortgage or disposition of any of
the said messuages, lands, tenements and hereditaments, the
signature of the Governor indorsed upon the deed or other
document effectuating such sale, mortgage or disposition,
shall be sufficient evidence that the consent required by
section 4 has been obtained.

6. Subject to the provisions of the Trustees Ordinance,
1901, the Tung Wa Hospital may lend any moneys which
are subject to the provisions of this Ordinance on the security
of mortgage of any leasehold messuages, lands, tenements or
hereditaments and may exercise all the ordinary rights,
powers and privileges of a mortgagee as to foreclosure or
sale of the mortgaged property or otherwise.





7. All the messuages, lands, hereditaments and premises,
properties and moneys by this Ordinance,, transferred to and
vested in the Tung Wa Hospital, and all other properties
and moneys acqtlired by the Timg Wa Hospital under or by
virttie of the provisions of this Ordinance, or herafter given
or bequeathed to the Tung Wa Hospital for the purposes of
this Ordinance, shall form a separate fund, which is herein-
after referred to as the Man Mo Temple Fund.

8. The man mo temple fund shall be used for the follow-
ing objects only :-
(a) to provide for the upkeep of the Man Mo Temple and
the maintenance of the customary religious observances
thereof;

(b) to keep the building belonging to the fund in good
repair, or for the purpose of altering, adding to, pulling down
or rebuilding the said buildings or any of them or of erecting
any new or additional buildings, for the purposes of this
Ordinance;

(c) subject to the approval of a special meeting of the

Chinese community of Hongkong to be convened by the
directors of the Tung Wa Hospital to be publicly advertised
and to be held in the last month of each chinese year, to
pay out of the surplils revenue of the said. fund an annual
subscription of not less than 2,500 dollars to be applied to
such of the purposes of the Tung Wa Hospital as the directors
thereof may direct;

(d) to maintain free schools in Hongkong for the purpose
of giving an education in Chinese to persons of chinese
race;, and
(e) to assist any charitable or philanthropic institution of
benefit to the Chinese community of hongkong.

9. The directors of the Tung Wa hospital shall have
power to make regulations for their procedure in the transac-
tion of 'business under this Ordinance and generally for all
matters relating to the administration amd discipline of the
temple and the temple fund : Provided always thlt a copy
of such regulations shall be furnished to the Colonial
Secretary, and every such regulation shall be subject to dis-
allowance at any time by the governor in council.






10. The directors of the Tung Wa Hospital shall:
(1) keep a separate account of the Man Mo Temple FA und
and proper books of account of such fund to be kept,
which shall be open during the first month of each year of
the Chinese calendar to the inspection of any person
interested therein, and at any time to the Inspection of any
person whom the Governor in Council may appoint in that
behalf ; and,

(2) 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 Man Mo
temple fund and an account of its receipts and disburse-
ments during the previous year; such statement shall
include a schedule of all messuages, lands, tenements,
hereditaments, mortgages and other investments included
in the fund, and such statement shall, if required, be verified
upon oath before a Justice of the peace by two members of
the Board of directors of the Tung Wa Hospital.


11. -In case it is at my time shown to the satisfaction of
the Governor in Council, that the Tung Wa Hospital has
ceased, or neglected, or failed to carry out in a proper
manner the objects and purposes of this Ordinalice Or to
fulfil the conditions thereof or that sufficient funds cannot be
obtained by voluntary contributions or otherwise to defray
the necessary expenses of maintaining the said temple, or
that the Mail Mo Temple Fund is insolvent, or in case the
Tung Wa Hospital shall cease to exist as a corporation,
it 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: Provided always that six
months notice of the governor's intention to introduce such
an ordinance into council shall be previously given to
the Tung Wa Hospital unless it has ceased to exist as a
corporation.

12. in the eveent of the repeal of this ordinance, all the
property and assets of the man mo temple fund shall
become vested in the Crown, subject to the rateable payment
thereour of the just debts and liabilities of the said fund to
the extent of such property 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.

As amended by Law Rev. Ord., 1924.

13. Nothing in this Ordinance shall affect or be deemed
to affect the righis of his Majesty the King.
[Originally No. 10 of 1908. Law Rev. Ord., 1924.] [ef. No. 1 of 1870.] Short title. Property of temple vested in Tung Wa Hospital. Schedule. Power to acquire and hold lands. Power to sell, etc., and to demise. Consent of Governor how evidenced. Power to lend money on mortgage. Ordinance No. 5 of 1901. Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Keeping of books of account, etc. Provision for repeal of the Ordinance in cortain cases. Disposal of property in case of repeal of Ordinance. Saving of rights of the Crown.

[Originally No. 10 of 1908. Law Rev. Ord., 1924.] [ef. No. 1 of 1870.] Short title. Property of temple vested in Tung Wa Hospital. Schedule. Power to acquire and hold lands. Power to sell, etc., and to demise. Consent of Governor how evidenced. Power to lend money on mortgage. Ordinance No. 5 of 1901. Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Keeping of books of account, etc. Provision for repeal of the Ordinance in cortain cases. Disposal of property in case of repeal of Ordinance. Saving of rights of the Crown.

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1923

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