GERMAN MISSIONS TRUSTEES ORDINANCE, 1923

GERMAN MISSIONS TRUSTEES ORDINANCE, 1923

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 corpo-
rate seal of the corporation shall be sealed in the presence
of two of the directors and shall be sigmed by two 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 his Majesty the King, His Heirs or
Successors, or the rights of any body politic or corporate or
of any other person except such as are mentioned in this
Ordinance and those claiming by from or under them.






on the work of the said missions and persons in the Colony of
Hongkong, and that the property which the said missions and
persons formerly possessed or administered or used in the Colony
of hongkong should continue to be devoted to missiouary purposes,
and that the said property should be handed over to boards of
trustees appointed by or approved by the Government of the ColonY
of Hongkong and composed as near as may be of persons holding
the faith of the said missions, and that ihe Government of the
Colony of Hongkong should coutinue to maintain full control as to
the individuals by whom the said missionary work shall be
conducted :
1. This Ordinance may be cited as the german Missions
Trustees Ordinance, 1923.

2.-(1) The Right Reverend Charles Ridley Duppuy, the

venerable Archdeacon Ernest Judd Barnett, the Reverend
john kirk Maconachle, the Reverend Thomas William Pearce,
and the Reverend Charles Clouston Porri, and their successors
in office, as hereinafter defined, shall be a body corporate, in
this Ordinance. hereinafter referred to as the corporation,
and shall have the name of The Gernian Alissions Trustees ,
and by that naine 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) If any of the said trustees shall die, or shall. wish to
resign his office as trustee, or shall in the opinion of the
Governor be absent froin the Colony and its vicinity, -or
shall in the opinion. of the Governor become incapable of
carrying out properly or satisfactorily the duties of trustees
under this Ordinance, it shall be lawful for the Governor, if
he shall think fit, to appoint a trustee in place of the trustee
dying, or wishing to resign, or being absent, or so becoming
incapable, and it shall be lawful for the Governor in like
manner to appoint a successor to any trustee appointed by
him, and any trustee appointed by the Governor under this
sub-section shall be deemed to be a successor of the original
trustees for such time as he shall continue to hold office as
trustee.
(3) Notice of every appointment made under sub-section
(2) shall be given -by publication in the Gazette.

3. The corporation shall have full power-
(1) subject to the licence of the Governor having been
previously obtained in each case, 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 this Colony: Provided that no licence
of the Governor shall be necessary in the case of the property
vested in the corporation by this Ordinance;

(2) to purchase and acquire all manner of goods and
chattels whatsoever;

(3) to invest moneys on mortgage of any lands, buildings,
messuages, or tenements, situate in this Colony, or in or
-upon such other securities or investments as it may think
expedient ; and

(4) by deed under its seal or otherwise to grant, sell,
convey, assign, surrender and yield up, mortgage, demise,
re-assign, transfer, exchatige, or otherwise deal with, or
dispose of, any lands, buildings, messuages, tenements,
mortgages, debentures, securities, shares, moneys, goods, or
chattels, for the time being vested in it, or belonging to it,
on such terms as may seeni expedient to it.

4.-(1) The pieces or parcels of ground specified, by their
respective Land Office register references, in the second
column of the First Schedule together with all rights, ease-
rnents and appurtenances belonging or appertaining thereto
or therewith usually held, occupied and enjoyed, are hereby
transferred to and vested in the corporation, subject to the
payment of the rents and the performance of the covenants
and conditions reserved by and contained in the respective
Crown leases of the said pieces or parcels of ground.

(2) The equitable interest in the piece or parcel of ground
specified by its Land Office register reference in the second
column of the Second Schedule is hereby transferred to and
vested in the corporation, subject to the mortgage registered
in the Land Office by memorial no. 66700, and upon the
payment to the person for the time being performing the
duties of the office of Treasurer of the principal moneys and
interest and other sums secured by the said mortgage the
said piece or parcel of ground may at any time be re-
assigned by such person to the corporation, subject to the
payment of the rent and the performance of the covenants
and conditions reserved by and contained in the Crown lease
thereof, as if the, legal estate were vested in such person.





(3) If in any case the Crown lease of any of the properties
vested in the corporation by this Ordinance shall not have
been issued before the commencement of this Ordinance,
such Crown lease shall be issued to and in the name of
The German Missions Trustees

(4) If in the case of any property vested in the corporation
by this Ordinance any declarations of trust or rights of way
or other rights shall have been registered in the Land Office
against such property, the corporation shall take and hold
the said property subject to such declarations of trust or
rights of way or other rights, if valid.

5.-(1) The corporation shall stand possessed of each of
the properties specified in the second columns of the First
and Second Schedules, and of the income of the said prop-
erties, in trust for the purpose of carrying on so far as
possible the work formerly carried on in the Colony hy the
mission the name of which appears in the corresponding
entry in the first columns of the said Schedules.

(2) The corporation shall also stand possessed of all moneys
and other property which may be transferred to the cor-
poration by the Custodian of Enemy Property in trust for the
purpose of carrying on so far as possible the work formerly
carried on in the Colony by the mission which may be
certified by the Ctistodian as being the mission to which such
moneys or other property are or is attributable.

(3) The trusts de clared by this Ordinance shall also affect
any property into which any property at any time. subject to
the said trusts shall have been converted, and also the income
of any such property.

(4) In-the case of the Basel Evangelical Missionary Society
the work formerly carried on by the said Society in the Colony
shall be deemed to include the carrying out of any pension
scheme formerly administered by the said Society: Provided
that nothing in this sub-section shall oblige the corporation
to pay any pensions or allowances to any persons in respect
of any service outside, the Colony.





(5). It shall be lawful for the corporation to transfer to any
other person, either permanently or temporarily, any property
for the tiMe being vested in or belonging to the corporation,
upon such trusts or subject to such conditions as may be
approved by the Governor in Council.

(6) It shall be lawful for the corporation, in its absolute
discretion, to determine the manner in which any of the
trusts declared by this Ordinance shall be carried out.

6. It shall be lawful for the Governor to give to the corpora-
tion any directions which he may think fit regarding the.
keeping, and auditing of accounts and the making of returns
and reports, and the corporation shall comply with everjy
such direction of the Governor.

7. All instruments which require the seal of the corpora-
tion shall be sealed with the common seal of the corporation
and shall also be signed by three.

8. If any act is done, or any discretion is exercised, or
any instrument is executed, by three of the trustees, in
any instrument s executed, by three of this ordinance, no such act
pursuance of the provisions of this Ordinance, no such act
or discretion or instrument shall be questioned in any man-
ner on the ground fhat the other trustees, if any, did not
concur or join in such act or exercise of discretion or instru-
ment, or on the ground that the other trustees, if any, objected
to such act or to such exercise of discretion or to such
instrument, or on the ground that the number of trustees
had been reduced.

9. No judgment against the corporation shall be enforce-
able by execution upon any of the property of the individual
members of the corporation.

10. Nothing in this Ordinance -shall affect the rights of
His Majesty the King, His Heirs and Successors, or the
rights of any body politic or corporate or of any other person
except such as are mentioned in this Ordinance and those
claiming by, from and under them.






24 No. 9 of 1923. GERMAN MISSIONS TURSTEES.
Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights. Short title. Incorporation of trustees. Successors in office. Gazette notification. General powers of the corporation. Vesting of property. First Schedule. Second Schedule. Trusts. First and Second Schedules. Accounts, returns and reports. Execution of instruments under seal. Validity of action by three of the trustees. No execution against private property of members. Saving of rights of the Crown and of certain other rights.

Execution of documents. Internal management. Saving of rights of the Crown and of certain other rights. Short title. Incorporation of trustees. Successors in office. Gazette notification. General powers of the corporation. Vesting of property. First Schedule. Second Schedule. Trusts. First and Second Schedules. Accounts, returns and reports. Execution of instruments under seal. Validity of action by three of the trustees. No execution against private property of members. Saving of rights of the Crown and of certain other rights.

https://oelawhk.lib.hku.hk/items/show/1361

1923

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No. 9 of 1923

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