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 Tung 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 Hong Kong or for and on behalf of a
Chinese temple in Hong Kong situate upon some of the

As amended by Law Rev. Ord., 1939.
The provisions of this Ordinance are not affected by the Chinese Temples
Ordinance, 1928 : see No. 7 of 1928, s. 13 (3).





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 vest 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
Ordinance, 1908.

2. All the messuages, lands, tenements and hereditaments
described in the Schedule and all other properties and moneys
now belonging to or in the possession or tinder the control of the
Man Mo Temple shall be and become and remain and continue
vested in the Tung Wa Hospital, as to the said lands for the
unexpired residue of the several and respective terms of years
created by 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 same relate to the several hereditaments 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 Governor) 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 be lawful for the Tung Wa Hospital (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 of
the messuages, tenements, lands and hereditaments 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
docurnent 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 Trustee Ordinance, 1934,
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 acquired by the Tung Wa Hospital under or by virtue
of the provisions of this Ordinance, or hereafter given or
bequeathed to the Tung Wa Hospital for the p6rposes of this
Ordinance, shall form a separate fund, which is hereinafter
referred to as the Man Mo Temple, Fund.

8. The Man Mo Temple Fund shall be used for the following
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 buildings 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 Hong Kong 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 surplus revenue of the said fund In annual subscrip-
tion 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 Hong Kong 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 Hong Kong.

9. The directors of the Tung Wa Hospital shall have power
to make regulations for their procedure in the transaction of
business under this Ordinance and generally for all matters
relating to the administration and discipline of the temple and
the temple fund: Provided 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.

10. The directors of the Tung Wa Hospital shall-

(i) keep a separate account of the Man Mo Temple Fund
and cause 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 whorn
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 disbursements during
the previous year; such staternent shall include a schedule of all
messuages, lands, tenements, hereditaments, mortgages and
other investmentg 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 any 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 Ordinance or to fulfil the conditions thereof
or that sufficient funds cannot be obtained by voluntary con-
tributions or otherwise to defray the necessary expenses of
maintaining the said temple, or that the Man 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 event 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 thereout
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.

13. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the king.

SCHEDULE [S. 2.]

L. Section K of Marine Lot No. 140.5. Inland Lot No. 395.
2. Inland Lot No. 338. 6. Inland Lot No. 396.
3. Inland Lot No. 338A.7. Section A of Inland Lot, No. 853,
4. Sub-section 1 of Section A of8. Inland Lot No. 854.
Inland Lot No. 381 and the
Remaining Portion of Inland Lot
No. 382.

No. 11 of 1908, repealed, by No. 8 Of 1912.

No. 12 of 1908, repealed by No. 9 of 1916.

No. 13 of 1908, repealed by No. 23. of 1909.

No. 14 of 1908, incorporated in No. 1 Of 1903,
repealed by No. 7 Of 1935.
[Originally No. 10 of 1908.] [cf. No. 31 of 1930.] 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. 18 of 1934. Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. Provision for repeal of the Ordinance in certain cases. Disposal of property in case of repeal of Ordinance. Saving of rights of the Crown.

[Originally No. 10 of 1908.] [cf. No. 31 of 1930.] 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. 18 of 1934. Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. Provision for repeal of the Ordinance in certain cases. Disposal of property in case of repeal of Ordinance. Saving of rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/1501

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