CHINESE TEMPLES ORDINANCE, 1928

CHINESE TEMPLES ORDINANCE, 1928

No. 7 of. 1928.

An Ordinance to suppress and prevent abuses in the manage-
ment of Chinese temples and in the administration of the
funds of Chinese temples.

[27th April, 1928.]

1. This Ordinance may be cited as the Chinese Temples
Ordinance, 1928.

2. In this Ordinance, Chinese temple ' includes-

(a) all, Miu (temples), Tsz ( Buddhist monasteries
teries) , Kun and To Yuen ( Taoist monasteries)
and Om (nunneries), and

(b) every place where-

(i) in accordance with the religious principles governing
Miti, Tsz, Kun, To Yuen or Orn worship of gods or com-
The practice of fourtune-telling in Chinese temples registered under this
Ordinance is not affected by s. 20A of the Summary Offences
Ordinance, 1932. sce, No. 40 of 1932, s. 20A (2). Estate duty is
not payable in respect of a Chinese temple as defined in s. 2 of this
Ordinance, or property used for its maintenance : see No. 3 of 1932,
s. 6 (4B).





munication with spirits or fortune-telling is practised or is intended to be
practised; and where

(ii) fees, payments or rewards of any kind whatsoever are charged to or
are accepted from any member of the public for the purpose of worship or
communication with spirits or fortunetelling or any similar purpose, or in
return for joss candles or incense sticks, or on any other account
whatsoever.

3.-(1) It shall be lawful for the Chinese Temples Committee referred to
in section 7 to make, subject to the approval of the Governor in Council,
regulations for

(a) the registration, management, control and inspection of Chinese
temples

(b) the management, control and audit of the funds of Chinese temples

(c) the duties of sz chuk ( temple keepers).

(2) Nothing in this section shall be construed as obliging the Chinese
Temples Committee to make any regulation before exercising any other
power conferred on the committee by this Ordinance.

4.-(1) Subject to the provisions of sub-sections (2) and (3),
no Chinese temple shall be established or maintained unless it is
in a building which is a complete and separate building and
which is erected and is used for the purpose of such temple and
for no other purpose.

(2) Notwithstanding anything in sub-section (1) it shall be lawful for the
Chinese Temples Committee referred to in section 7 to exempt any Chinese
temple from the provisions of sub-section (1). Any such exemption may be
withdrawn at any time by the Chinese Temples Committee upon such notice
as to the said committee may seem proper.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) If the Chinese Temples Committee refuses to grant
any exemption applied for under sub-section (2), or withdraws
any exemption granted under the said sub-section, it shall be
lawful for the applicant, within fourteen days frorn the date of
such refusal or withdrawal as the case may be, to appeal by
petition to the Governor in Council, and upon consideration of
such petition and of any reply thereto submitted in writing by
the Chinese Temples, Committee it shall be lawful for the
Governor in Council to allow or to dismiss the appeal, and if
he allows the appeal the exemption shall be granted, or the
withdrawal of the exemption shall be cancelled, by the Chinese
Temples Committee, with retrospective effect in each case to
the date of the refusal or withdrawal as the case may be

5.-(1) No Chinese temple shall be established or main-
tained unless it is registered in accordance with the provisions
of this Ordinance.

(2) Registration shall be effected at the office of the
Secretary for Chinese Affairs and the following particulars shall
be supplied in order to effect registration-

(a) the name of the temple or intended temple;

(b) the address of the ternple or intended temple, including
the street or road and lot number;

(c) the gods worshipped or intended to be worshipped

(d) the nature or intended nature of the control of the
temple, that is to say, whether by a committee or by a family or
by an individual, and the title of the committee or the name of
the family or individual;

(e) the name and address of the sz chuk temple
keeper) , if any

(f) particulars of the funds, investments and properties held
at the time of registration and where, how and by whom those
funds, investments or properties are held;

(g) the application or intended application of the revenue
of the temple, including the revenue from funds, investments or
property held or to be field.

As amended by Law Rev. Ord., 1939, Supp. Sched.





6. No person shall-

(a) take any part in the establishment or maintenance of any
Chinese temple established or maintained contrary to any of the
provisions of this Ordinance or of any regulation made there-
under, or

(b) take any part in the management or in the service of
any such Chinese temple, or

(c) derive any prollit from the revenue of any such Chinese
temple, or

(d) knowingly supply any false or inaccurate information
for the purposes of this Ordinance.

7.-(1) Notwithstanding anything in the Secretary for
Chinese Affairs Incorporation Ordinance, 1928, the revenues,
funds, investments and properties of all Chinese temples shall,
subject to the provisions of section 8, be under the absolute
control of a committee which shall be known as the Chinese
Temples Committee and which shall consist of the following
persons-

(a) the Chinese members for the time being of the
Executive Council and of the Legislative Council

(b) a representative of the District Watch Committee
appointed by the Governor, for such period as he may approve,
on the nomination of the District Watch Committee;

(c) the Chinese rilembers of the Urban Council for the
time being appointed by the Governor;

(d) the chairman for the time being of the directors of the
Tung Wah Hospital;

(e) the senior member for the time being of the committee
of the Po Leung Kuk;

(f) one of the directors of the Tung Wah Hospital,
nominated annually by the directors from among those directors
who are residents of Kowloon or New Kowloon;

(g) the Secretary for Chinese Affairs.

As amended by No. 5 of 1932 [26.2.32] and Law Rev. Ord, 1939.
Supp. Sched.





The Secretary for Chinese Affairs shall be the chairman of the
Chinese Temples Committee. Five members shall form a
quorum.

(2) In ordes to make such control effective it shall be lawful
for the Chinese Temples Committee, without prejudice to any
powers that the committee may possess, to require any person
other than the Secretary for Chinese Affairs Incorporated, who
may be in possession or control of, or in whom may be vested,
any property held on behalf of or for the purposes of any Chinese
temple, to transfer or assign any such property to the Secretary,
for Chinese Affairs Incorporated.

(3) Any such direction shall be signed by the chairman of
the Chinese Temples Committee, and shall be served on the
person required by the direction to transfer or assign the
property in question.

(4) If the person so served fails without lawful excuse to
transfer or assign the property forthwith he shall be deemed to
have been guilty of a contravention of this Ordinarice.

(5) If the property in question is immovable property and
the person in whom it is vested fails without lawful excuse to
comply with the direction of the Chinese Temples Committee
to assign the property to the Secretary for Chinese Affairs
Incorporated, or cannot be served, it shall be lawful for the
Supreme Court, upon the hearing of an originating summons
taken out by the chairman of the Chinese Temples Committee,
to make an order vesting the said property in the Secretary for
Chinese Affairs Incorporated. Any such vesting order shall
have the same effect as a vesting order made, under section 45
of the Trustee Ordinance, 1934.

(6) If the property in question consists of stock as defined
in the Trustee Ordinance, 1934, or is a chose in action, and the
person by whoin or in whose name it is held or in whom the
right to sue and ryover it is vested fails without lawful excuse
to comply with the direction of the Chinese Temples Committee
to transfer the property to the Secretary for Chinese Affairs
Incorporated, or cannot be served, it shall be lawful for the
Supreme Court, upon the bearing of an originating summons
taken out by the chairman of the Chinese Temples Committee,





to make an order vesting in the Secretary for Chinese Affairs
Incorporated the right to transfex or call for a transfer of the
stock or to receive the dividends or income thereof or to sue for
or receive the chose in action, as the case may be. Any such
vesting order shall have the same effect as a vesting order made
under section 52 of the Trustee Ordinance, 1934.

(7) If the property in question is of any other nature than
is referred to in sub-sectionis (5) and (6), and the person in
whose possession or under whose control the property is fails
without lawful excuse to comply with the direction of the Chinese
Temples Commiftee to transfer the property to the Secretary for
Chinese Affairs Incorporated, or cannot be served, it shall be
lawful for a magistrate to make an order authorizing any police
officer to take possession of the property, using such force as
may be necessary for the purpose, and to transfer it to the
Secretary for Chinese Affairs Incorporated.

(8) A certificate under the hand of the Colonial Secretary
shall be conclusive evidence for all purposes as to whether any
particular individual is, or was on any specified date, a member
of the Chinese Temples Committee.

8.-(1) The revenues of all Chinese temples shall be applied
in the first instance to the due observance of the customary
ceremonies and the maintenance of the temple buildings and
temple properties, and any surplus may be transferred to the
General Chinese Charities Fund referred to in section 9.

(2) It shall be in the discretion of the Chinese Temples
Committee to decide what are the customary ceremonies of any
particular Chinese temple and what amount may be spent on
any particular authorized object and what surplus may be
transferred to the General Chinese Charities Fund.

9.-(1) The General Chinese Charities Fund referred to in
section 8 shall be held in such manner as the Chinese Temples
Committee may direct, and may in the discretion of the Chinese.
Temples Committee be applied-

(a) to the pay of the necessary staff and the other expenses
incurred b ylthe Chinese Temples Committee in the exercise of
its powers under this Ordinance, and

As amended by Law Rev. Ord., 1939, Supp. Sched.





(b) for the purposes of any Chinese charity in the Colony.

(2) The accounts of the General Chinese Charities Fund
shall be audited at such times and in such manner as the
Governor may direct.

10.-(1) It shall be lawful for the Chinese Temples
Committee to let by tender the office of sz chuk temple
keeper) of any temple.

(2) It shall be within the discretion of the Chinese Temples
Committee to determine the conditions of any tender, the
manner in which tenders shall be called for and the powers and
obligations of any sz chuk.

(3) Any lump sum paid or any periodical payment made by
any person in respect of any tender by him for the office of sz chuk
of any temple shall be deemed to be part of the revenue of that
temple.

(4) It shall also be lawful for the Chinese Temples Com-
mittee, without tender, to appoint any person to the office of
sz chuk of any temple.

(5) It shall be lawful for the Chinese Temples Committee
to give to the sz chuk- of any Chinese temple, whether appointed
by the Chinese Temples Committee or not, one month's notice
in writing terminating the tenure of his office, and upon the
expiration of the notice he shall be deemed to have vacated such
office and thereafter shall not act as sz chuk of that temple unless
reappointed by the Chinese Temples Committee.

11. It shall be lawful for the Chinese Temples Committee
to delegate to any person the administration of any temple and
of the revenues of such temple and to revoke any such
delegation.

12.-(1) If it appears to the Chinese Temples Committee
that there is reason to believe that any registered Chinese temple
is falling or has fallen into disuse, or that the funds and
revenues of any registered Chinese temple are insufficient for
its maintenance, it shall be lawful for the committee to call, in

As amended by Law Rev. Ord., 1939, Supp. Sched.





such manner and at such time and place as to the committee
May seem fit, a meeting of such persons as may appear to the
committee to be intetested.in the matter, and to lay the facts
before such interested persons as may aitend suich meeting, and
to ascertain their views.

(2) If upon considering such views, if any, and all the
circumstances of the case it, appears to the committee that
sufficient support for the temple is not likely to be forthcoming
it shall be lawful for the committee to order the temple to be
closed.

(3) Notice of such order shall be posted up at the temple
and shall if possible be given to the person or persons by whom
the temple is controlled or some of them.

(4) Upon the expiration of one month from the date upon
which the notice is posted up at the temple and whether the
notice has remained so posted throughout the said period or not,
the temple shall be deemed to be an unregistered temple and
if it is maintained thereafter it shall be deemed to be maintained
contrary to the provisions of this Ordinance.

(5) Upon the posting up of such notice at the temple the
Secretary for Chinese Affairs Incorporated may take possession
of all the property of the t6mple and may sue for the recovery
of any such property and may, with the consent of the Chinese
Temples Committee, sell or otherwise dispose of such property.

(6) The proceeds of any such sale shall, subject to any
lawful claims, be transferred to the General Chinese Charities
Fund.

13.-(1) The Chinese temples specified in the Schedule
hereto, hereinafter referred to as exempted Chinese temples,
shall be exempt from the provisions of sections 3, 4, 7, 8, 10
and 11.

(2) No person shall make or attempt. to make any public
collection or any public appeal or request, for any exempted
Chinese temple or for any object connected therewith, except
within the precincts of that temple.

As amended by Law Rev. Ord., 1939, Supp. Sched.





(3) This Ordinance shall not apply to the Man Mo Temple.

(4) It shall be lawful for the Governor in Council to add
to the Schedule.

14.-(1) It shall be lawful for any person authorized thereto
in writing by the Secretary for Chinese Affairs, either generally
or for a particular occasion, to enter and search, using such force
as may be necessary, any place which such person may have
reason to suspect to be or to contain a Chinese temple which& is
being or has been established or is being maintained, contrary
to any of the provisions of this Ordinance or of any regulation
made thereunder, or to enter and search, using such force as
may be necessary, any registered Chinese temple in or in respect
of which such person may have reason to suspect that any of
the provisions of this Ordinance, or of any regulation made
thereunder, is being or has been contravened, and upon any
such search to seize and detain any books or documents and
also anything which may appear to be or comtain any evidence
of any contravention of any of the provisions of this Ordinance
or of any such regulation.

(2) No person shall obstruct any search authorized by this
section.

15. Every person who contravenes any of the provisions of
this Ordinance or of any regulation made thereunder shall upon
summary c6nviction be liable to a fine not exceeding five
hundred dollars.

SCHEDULE. [s. 13.]

KUN YAM TONG 36 Tai Ping Shan Street, Inland Lots
Nos. 1349 and 1426.

LIN FA KUNG Tai Hang, Inland Lot No. 1351.
SUI TSING PAK TEMPLE 12. Tik Lung Lane, Inland
Lot No. 769, Section D, Sub-section 1.

As amended by Law Rev. Ord., 1939, Supp. Sched.





TAM KUNG SIN SHING TEMPLE , Aberdeen Inland
Lot No. 72.

TIN HAU TEMPLE, Tung Lo Wan, Inland Lot No, 1352.

No. 8 of 1928 incorporated in No. 1 of 1883.

No. 9 of 1928, incorporated in No. 16 of 1914.

No. 10 of 1928, repealed by No. 42 of J932.

No. 11 of 1928, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 12 of 1928, repealed by No. 39 of 1932.

No. 13 of 1928, incorporated in No. 15 of 1908.

No. 14 of 1928, repealed by Law Revision
Ordinance, 1939, Supp. Sched.

No. 15 of 1928, repealed by No. 39, of 1935.

No. 16 of 1928, repealed by No. 41 of 1932.
[Originally No. 7 of 1928. No. 31 of 1930. No. 5 of 1932. No. 7 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. No. 40 of 1932, s. 20A.] Regulations. All Chinese temples to be in complete and separate buildings used for no other purpose. All Chinese temples to be registered. No person to take part in the establishment of any unlawful Chinese temple, etc. Revenues, etc., of all Chinese temples to be under the control of the Chinese Temples Committee. Ordinance No. 3 of 1928. [s.7 contd.] Ordinance No. 18 of 1934. Application of revenues of Chinese temples. General Chinese Charities Fund. Temple keeper. Power to delegate. Closing of temple which falls into disuse. Exempted Chinese temples. Schedule. Ordinance No. 10 of 1908. Powers of search and seizure. Penalty. [Schedule. Contd.] [9.12.32.] [1.7.33.] [6.9.35.] [1.1.33.]

[Originally No. 7 of 1928. No. 31 of 1930. No. 5 of 1932. No. 7 of 1935. Law Rev. Ord., 1939.] Short title. Interpretation. [cf. No. 40 of 1932, s. 20A.] Regulations. All Chinese temples to be in complete and separate buildings used for no other purpose. All Chinese temples to be registered. No person to take part in the establishment of any unlawful Chinese temple, etc. Revenues, etc., of all Chinese temples to be under the control of the Chinese Temples Committee. Ordinance No. 3 of 1928. [s.7 contd.] Ordinance No. 18 of 1934. Application of revenues of Chinese temples. General Chinese Charities Fund. Temple keeper. Power to delegate. Closing of temple which falls into disuse. Exempted Chinese temples. Schedule. Ordinance No. 10 of 1908. Powers of search and seizure. Penalty. [Schedule. Contd.] [9.12.32.] [1.7.33.] [6.9.35.] [1.1.33.]

https://oelawhk.lib.hku.hk/items/show/1606

1937

v3

153

No. 7 of 1928

10