CHURCH OF ENGLAND TRUST ORDINANCE, 1930

CHURCH OF ENGLAND TRUST ORDINANCE, 1930

1930.

No. 1 of 1930, incorporated in No. 25 of 1927.

No. 2 of 1930.

An Ordinance to incorporate a body of trustees capable of
holding property for the purposes of the Church of
England, and to provide for the performance of divine
worship according to the rites and ceremonies of the
Church of England, and for certain objects ancillary to
the aforesaid objects.
[18th January, 1930.]

1. WHEREAS Saint John's Cathedral Church was erected on
Crown land partly by means of private subscriptions and partly
by means of public moneys and has since. been maintained and
kept up and divine worship has been performed therein and
elsewhere in the Colony in accordance with thd provisions of
certain Ordinances and it is expedient to provide for a con-
tinuance of the performance of such divine worship and services
in accordance with the rites and ceremonies of the Church of
England:

2. AND WHEREAS the said Cathedral Church is now vested
in and administered by an incorporated Church Body under the
name of the Trustees of Saint John's Cathedral Church in
Hong Kong:

3. AND WHEREAS Saint Andrew's Church, Kowloon, and
buildings connected therewith were erected on Crown land out
of funds generously furnished by the late Sir Catchick Paul
Chater, C.M.G., the services at the said Church to be conducted
according to the rites and ceremonies of the Church of England


4. AND WHEREAS the trustees of Saint John's Cathedral
Church in Hong Koncy in addition to the powers conferred on
thern by the Saint John's Cathedral Church Ordinance, 1899,
were authorized by the Church Property Vesting Ordinance,
1904, to acquire, accept leases of, purchase, take, hold and

The regulations formerly contained in the Second Schedule to this
Ordinance have been transferred to the corresponding volume of the
Regulations of Hong Kong.





enjoy any lands, buildings, messuages or tenements and any
other property of what kind or nature soever and wheresoever
situate for the purpose of endowing, supporting, maintaining,
carrying on or otherwise promoting the work of the Church of
England in Hong Kong or in China, whether such work should
be of a religious, educational or social nature or otherwise:

5. AND WHEREAS it is deemed expedient that all lands,
buildings, messuages or tenements, property, funds and endow-
ments (save as hereinafter mentioned) of the Church of England
in the Colony and elsewhere within the Diocese of Victoria,
Hong Kong, shall as far as possible be transferred to or vested
in one central incorporated authority which may administer tile
same for the purpose of endowing, supporting, maintaining,
carrying on or otherwise promoting the work of the Church of
England in Hong Kong or elsewhere in the Diocese, whether
such work be of a religious, educational or social nature, or
otherwise:

1. This Ordinance may be cited as The Church of England
Trust Ordinance, 1930.

2. in this Ordinance-

(a) ' Archdeacon of Hong Kong ' means the clergyman
holding the Bishop's licence to such office

(b) ' Bishop ' means the Bishop of Victoria, Hong Kong,

(c) ' Chapel of ease ' Means a chapel under a mother
church consecrated for the performance of public worship
according to the liturgy of the Church of England, and so
recognized by the Bishop, the officiating minister whereof has
not a separate cure of souls

(d) ' Church body ' rneans the trustees of Saint John's
Cathedral Church in Hong Kong as heretofore constituted;

(e) ' Commissary ' means a person nominated by the
Bishop of Victoria, Hong Kong, to act for him or in his stead
in accordance with the terms of a written authority signed by the
Bishop, or in the event only of the voidance of the see, a person
nominated by the Archbishop of Canterbury;

(f) ' Dean ' means the clergyman in charge of Saint John's
Cathedral and holding the Bishop's licence to such office.,





(g) ' Diocesan Conference ' means the assembly of clergy
and laity of the Church of England for the Diocese, constituted
according to such rules as have been approved by the Bishop
for the time being ;

(h) 'Diocese' means the area over which the Bishop of
Victoria, Hong Kong, has ecclesiastical authority;
(i) ' District ' means an ecclesiastical area whether old or
new the incumbent of which has a separate cure of souls
therein

(j) Incumbent ' means a clergyman with a cure of souls
in charge of a church and holding the Bishop's licence thereto;

(k) ' Trustees ' means the trustees appointed by or under
the provisions of section 3.

Trustees.

3.-(1) (a) There shall be a body of trustees which, subject
to the other provisions of this Ordinance, shall consist of-

(i) The Right Reverend Charles Ridley Duppuy, Bishop
of Victoria, Hong Kong;

(ii) The Very Reverend Alfred Swann, Dean of Saint
John's Cathedral;

(iii) The Reverend W. W. Rogers, Vicar of Saint
Andrew's Church, Kowloon,
and their successors in office for the time being, together with
the following lay trustees-

(iv), Walter Leslie Pattenden as representing Saint
.......................
(v) Philip jacks ......John's Cathedral,
(vi) John Herbert Hunt as representing Saint
.......................Andrew's Church,
(vii) Reginald Dowsett Thomas Kowloon,

and here after of the persons for the time being duly elected and
appointed in place of the above or any of them as their
successors in accordance with regulations, made under this
Ordinance.

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





(b) In the case of every other church to which this
Ordinance for the time being applies and whose incumbent has
a separate cure of souls, the incumbent and two duly elected lay
representatives of such church shall be members of the body of
trustees.

(c) All lay trustees shall be actual communicants of the
Church of England, of twenty-one years of age and upwards,
of either sex, and of British nationality, and shall be elected at
the annual church meetings as provided for in regulations made
under this Ordinance.

(d) In the event of the absence on leave of any clerical
trustee other than the Bishop it shall be lawful for the trustees
in their discretion to appoint temporarily the clergyman in
charge of the church concerned.

(2) The Bishop shall have power to give and revoke a
dormant commission to any clergyman of the Church of
England to be a trustee, and to act for the Bishop in accordance
with the terms of the dormant commission, during any absence
of the Bishop from the Colony and during any incapacity of the
Bishop, and to be a trustee and to act in the stead of the Bishop
in the case of voidance of the see. No such dormant com-
mission shall take active effect on the ground of the incapacity
of the Bishop or the voidance of the see until it has been
published in the Gazette by the Colonial Secretary with the
approval of the Governor in Council, at the request of the
remaining trustees then in the Colony. When a dormant
commission has taken active effect upon such publication on the
ground of the incapacity of the Bishop it shall continue to have
active effect until the publication of a notice in the Gazette by
the Colonial Secretary, at the request of the Bishop and of the
majority of the remaining trustees then in the Colony,
suspending such active effect. Unless previously revoked any
such commission shall continue in force, either as a dormant
commission or in active effect as the case may be, after the
voidance of the see until the arrival of a new Bishop or until
a new commissary has been nominated by the Archbishop of
Canterbury.

(3) (a) The Bishop or his commissary shall be chairman
of the trustees.
(b) A meeting of the trustees shall be held at least once in





every calendar year, and not more than fifteen months after the
holding of the last preceding meeting.

(c) The Bishop or his commissary and at least one-half of
the remaining trustees shall form a quorum.

(d) No act or decision of the trustees shall be valid unless
approved by more than half of the whole number of trustees.

(e) If any act be done or discretion be exercised by the
majority of the trustees, or if any instrument be executed in
pursuance thereof, no such act, discretion or instrument shall be
questioned on the ground that the other trustees, or any of
them, did not concur or join therein, or objected thereto.

4.-(1) All changes in the constitution of the trustees shall
be notified to the Colonial Secretary and published by him in
the Gazette.

(2) No such change shall be deemed to have been made
unless it has been so published in the Gazette.

(3) The production of a copy of the Gazette containing any
such notification shall be Prima facie evidence as to the
constitution of the trustees.

(4) The trustees shall when required by the Governor
furnish to him satisfactory proof of the succession, election or
appointment of any new member thereof.

5.-(1) The trustees shall be a body corporate under the
name of ' The Trustees of the Church of England in the Diocese
of Victoria, Hong Kong ', and by that name shall have
perpetual succession and shall and may sue and be sued in all
courts and shall and may have anct use a common seal and may
break, change, alter and make anew the said seal.

(2) The trustees shall have power to acquire, accept leases
of, purchase, take, hold and enjoy any lands, buildings,
messuages or tenements of what nature and kind soever and
wheresoever situate, and also to invest moneys upon mortgage
of any lands, buildings, messuages or tenements, or upon the
mortgages, debentures, stocks, funds, shares or securities of any
government, municipality, corporation or company, and also

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





to purchase, acquire and possess goods and chattels of what
nature or kind soever, for the purpose of endowing, supporting,
maintaining, carrying on or otheirwise promoting the work of
the Church of England in Flong Kong or elsewhere in the
diocese whether such work be of a religious, educational or
social nature or otherwise.

(3) The trustees, subject to the provisions of section 6,
shall further have power by deed or writing under their common
seal to grant, sell, convey, assign, surrender, yield up,
mortcyage, demise, reconvey, reassign, transfer or otherwise
dispose of or deal with any lands, buildings, messuages, tene-
ments, goods and chattels or other property which are for the
time being vested in or belonging to the trustees, upon such
terms as to the trustees may seem fit: Provided that nothing
in this section shall be construed so as to authorize any breach
of trust on the part of the trustees.

All deeds and other documents requiring the seal of the
trustees shall be sealed with such seal in the presence of the
Bishop or his commissary and shall be signed by such Bishop
or commissary and by two trustees.

6.-(1) Saint John's Cathedral Church and the precincts
thereof (a plan of which, signed by the Director of Public Works
and scaled with the seal of the Colony, was deposited at the
Land Office on the 29th day of April, 1892) together with all
buildings, rights, easements and appurtenances theteunto
belonging, and together with all the estate, right, title and
interest of the church body as heretofore constituted shall vest
in the trustees in fee simple for the sole and express purpose of
a church and to the intent that divine worship and the services
usual in the Church of England shall be therein performed and
carried on in accordance with the rites and ceremonies of the
said Church subject nevertheless to the road and right of way
delineated and coloured red on the said plan which road shall be
maintained as heretofore by the Government: Provided always
that if at ansr time the church ceases to be used as a church for
divine worship and the services usual in the Church of England
cease to be performed and carried on therein in accordance with
the said rites and ceremonies, the church and the precincts

As amended by Law Rev. Ord., 193 9, Supp. Sched.





thereof shall revert to and become the absolute property of the
Crown unless the same be sold or otherwise disposed of with
the consent in writing of the Governor.

(2) All that piece or parcel of ground known and registered
in the Land Office as Kowloon Inland Lot No. 1153 and the
church building and buildings erected thereon, together with all
rights, easements and appurtenances thereunto belonging and
together with all the estate, right, title and interest held upon
trust by the church body as heretofore. constituted, shall vest in
the trustees for the residue now unexpired of the term of
75 years created therein by the Crown lease thereof, subject to
the payment of the rent reserved by the said Crown lease and
the performance and observance of the lessee's covenants and
conditions therein contained, upon trust to permit the said
premises to be used by the clergyman for the time being in
charge of the services of the said church (or if there be no
clergyman in charge by any other clergyman of the Church of
England who may be approved by the Bishop) for the conduct
of such seivices in accordance with the rites and ceremonies of
the Church of England and for such other purposes not
inconsistent with the provisions of the said Crown lease as may
be directed by the church council duly constituted : Provided
always that the trustees shall not be deemed personally liable for
any payments of money in excess of that provided or available
for the purposes of the church : And provided that the said
premises or any part thereof shall not be used for any other
purpose whatever than for a church the services of which shall
be conducted according to the rites and ceremonies of the
Church of England, and for the erection of schools or parsonage
or other buildings in connexion with such church, without the
previous licence or consent of His Majesty the King, His heirs,
successors or assigns, signified in writing by the Governor of
Hong Kong or other person duly authorized in that behalf:
And provided that the said premises or any part thereof shall not
be let, underlet, mortgaged, assigned or otherwise pafted with
without the previous consent of His said Majesty, His heirs,
successors or assigns, signified as aforesaid or upon other terms
and provisions than set forth in the said Crown lease.

(3) All that piece or parcel of ground situate, lying and
being at Mount Kellett in the Peak District of the Colony of
Hong Kong and registered in the Land Office as Rural Building





Lot No. 46, and all that piece or parcel of ground situate at
Mount Kellett aforesaid and registered in the Land Office as
Garden Lot No. 4, together with all messuages, erections and
buildings thereon respectively, and all rights, privileges, ease-
ments and appurtenances thereto respectively belonging, and all
the estate, right, title, interest, property, claim and demand of the
church body as heretofore constituted, shall vest in the trustees
for the residues of the respective terms of 75 years and 21 years
respectively created therein by the respective Crown leases
thereof, subject to the payment of the rents and to the
performance and observance of the lessee's covenants and
conditions in the said Crown leases respectively reserved and
contained.
(4) The furniture, fittings, fixtures, chattels and effects held
for the use of Saint John's Cathedral, of Saint Peter's Church
and of Saint Andrew's Church, Kowloon, and all the right, title,
interest, property, claim and demand therein or thereto of the
church body as heretofore constituted shall vest in the trustees
absolutely.
(5) The sum of ten thousand dollars, the endowment fund
for the use of Saint John's Cathedral Hall, and the securities or
investments now representing the same now vested in the church
body under the declaration of trust dated the 3rd day of February,
1922, shall be transferred to and vested in the trustees absolutely
subject to the trusts and provisions of the said declaration of
trust.
(6) All books, papers and other documents hitherto kept
at Saint John's Cathedral or Saint Peter's Church or
Saint Andrew's Church or belonging or appertaining thereto
respectively, and all moneys belonging or due or owing to
Saint John's Cathedral or the church body as heretofore
constituted or to Saint Andrew's Church or the vestry thereof,
shall vest in the trustees absolutely.
(7) All memorials in or about Saint John's Cathedral and
in or about Saint Peter's Church and in or about Saint Andrew's
Church shall be tinder the care and custody of the trustees.

7.-(1) The trustees shall delegate the care and maintenance
of any land, building, furniture, fittings, chattels, effects records
and memorials and the expenditure of income appertaining to

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





Saint John's Cathedral Church and Saint Andrew's Church,
Kowloon, respectively, and provision for the administration of
the services to be performed therein to the respective church
councils of such churches to be appointed in manner hereinafter
provided.

(2) The trustees may make similar delegation of their
powers in the case of any, other church to which this Ordinance
for the time being applies.

(3) Every such delegation shall be by an instrument in
writing signed by the Bishop or his commissary and two.of the
trustees which shall be in the form provided in the Schedule
and shall specify the property committed to the care of each
church council and what powers and duties the church council
shall have in the matter of making alteration or addition thereto :
But no alterations by way of addition or diminution to the fabric
or utensils or ornaments of such churches shall be made without
the previous written consent of the Bishop.

(4) The trustees shall have power by an instrument signed
as aforesaid to revoke or amend an letter of delegation.

8.-(1) Whenever a vacancy occurs or is expected to occur
in any cure of souls the trustees shall appoint a board of
patronage, to be constituted as hereinafter provided, which shall
appoint a clergyman for institution to such cure when vacant
and shall return his name to the trustees together with the agreed
terms of appointment. The trustees shall before entering into
any contract with such clergyman obtain the written approval
of the Bishop or in the case of the incapacity of the Bishop of
his commissary of such appointment. If no notice of appoint-
ment be returned to the trustees and by them to the Bishop or
his commissary within six months after a vacancy in any cure
it shall be competent for the Bishop or his commissary to
appoint.

(2) Such board of patronage shall consist of the Bishop or
his commissary, who shall lie chairnian, the Archdeacon of
Hong Kong, one lay representative of the trustees and four lay
representatives of the church council concerned: Provided that
if the Archdeacon is also the incumbent of the church in which
the vacancy is expected to occur he shall not be a member of the

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





board: Provided also that when a vacancy occurs or is expected
to occur in the office of Dean two additional members (one
clerical to represent the clergy and one lay to represent the laity)
shall be appointed by the Diocesan Conference or in default of
such appointment in such manner as the trustees for the time
being may approve.

(3) The time and manner of the summoning and meeting
of such board and the mode of its procedure shall be determined
by the board itself, subject to any direction that may be given
by the trustees. The Bishop or his commissary and not less than
three representatives of the church council concerned shall
constitute a quorum.

(4) The fixing of the salary of the clergyman in charge of
any church shall be determined by a sub-committee consisting of
not more than six to be appointed by the church council concerned
which shall report to the board its decision, but such decision
shall be subject to the approval of the board.

(5) The question of the renewal or termination of the
agreement of the clergyman in charge of any church shall be
decided by a board of patronage, constituted as hereinbefore
provided, to be appointed by the trustees ad hoe which board
shall report its decision to the trustees: Provided that no
dismissal except on the expiration of an agreement shall be valid
without the written approval of the Bishop or in the case of the
incapacity of the Bishop of his commissary.

Regulations.

9.-(1) It shall be lawful for the trustees to make regulations
for all or any of the following matters-

(a) the mode of filling up casual vacancies among their
number;

(b) the holding of meetings of the trustees and the conduct
of business thereat ;

(c) the election and tenure of office of an auditor and the
appointment and tenure of office of a treasurer and secretary and
the mode of filling up casual vacancies among such officers;

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





(d) the regulation of the church councils constituted by
section 10, and the constitution and regulation of church councils
for any church to which this Ordinance for the time being
applies;

(e) the keeping of accounts by church councils;

(f) the care, maintenance and administration of Saint Peter's
Church and other chapels of ease ;

(g) all other matters relating to the affairs of the trustees.

(2) No amendment of the regulations shall apply in the
case of any particular church council until such amendment has
been adopted at a meeting of the qualified and duly enrolled
electors of the church in question.

Church councils.

10. There shall be a Saint john's Cathedral church council
and a Saint Andrew's Church, Kowloon, church council, and
such other church councils as may be constituted by regulations
made under this Ordinance. The primary duties of every such
council, whether constituted by or under this Ordinance, shall
be to co-operate with the incumbent in the initiation, conduct and
development of work in the church concerned in accordance with
the regulations for church councils for the time being in force
and to exercise the powers conferred upon them in accordance
with section 7: Provided always that all matters connected with
the religious services of the churches shall be under the
immediate direction and management of the respective incum-
bents or clergymen in charge subject nevertheless to the control
of the Bishop : And provided also that no change in the
customary arrangement and conduct of the religious services in
any church shall be made arbitrarily and without the consent of
the church council, and that the incumbent or clergyman in
charge shall inform the council before making any change. Any
question which may then or from time to time arise between the
incumbent or ciergyman in charge and the church council with
regard to any such change shall be referred to the Bishop who,
after such consultation as he thinks best both with the incumbent

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





or clergyman in charge and the council, shall make orders.
thereon against which there shall be no appeal.

Miscellaneous.

11. The provisions of this Ordinance shall apply to every
church of the Church of England now or hereafter established in
the Colony.

12. The right of visitation of churches shall lie with the
Bishop and under the general or special authority of the Bishop,
with the Archdeacon of Hong Kong, who may report to the
trustees any irregularities in regard to the fulfilment of the
duties of any particular church council in matters delegated to it
by the trustees.

13. The Bishop shall have the right of using the Cathedral,
upon due notice being given, for ordinations, confirmations and
other special services, of determining the order and form of
such services and of preaching and celebrating the Holy
Communion therein.

14. So long as an annual sum of not less than five hundred
dollars is paid to the trustees for the use of Saint John's Cathedral
Church by the troops constituting the garrison, the trustees shall
allow and arrange for the use of such church by the said troops
for one service at least on every Sunday in the year, but shall
not be bound to provide any clergyman to perform the same.

15. It shall be lawful for the Governor to appropriate such
proportion of any sum which may be voted by the Legislative
Council for general ecclesiastical or religious purposes as he may
deem proper to the trustees, and thereupon the Dean or other
clergyman nominated by the trustees, if such sum is accepted by
the trustees, shall be bound when so required to provide for all
requisite religious services and ministrations of the Church of
England at the prisons and Government hospitals.

16.-(1) The trustees shall have power to decide as to the
erection of memorial tablets or other memorials in any church
within the scope of this Ordinance or in the precincts thereof,
subject in each case to the written approval of the Bishop.

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





(2) The trustees, subject to the written consent of the
Bishop, may order the removal of any monument, tablet or other
memorial in any church or the precincts thereof which has
become ruinous, dilapidated or unsightly if the donor thereof or
his representatives cannot be found or will not properly repair
and maintain it to the satislaction of the trustees. Provided
always that three months' notice of such intended removal shall
be given in writing to the donor or his representatives if he or
they can be found, and if not a notice signifying such intended
removal shall be posted for three months in the western porch
of the church concerned.

(3) The trustees shall have power, subject in each case to
the written approval of the Bishop, to make alterations in a
church or its furniture and to add to or remove ornaments therein.

17. Nothing in this Ordinance shall affect or be deemed to
affect the Chater (Saint John's Cathedral Church) Endowment
Fund or the Chater (Saint Andrew's Church) Endowment Fund,
save that for the purposes of such funds the trustees shall be
substituted for the church body and vestry respectively and shall
authorize the payment of the income of such funds to the council
of the church concerned.

18. 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.

SCHEDULE.

LETTER OF DELEGATION

issued pinsvant to section 7 of The Church of
England Trust Ordinance, 1930.

TO the CHURCII COUNCIL OF CHURCH.
Mir TRUSTEIS appointed under The Church of England Trust,
Ordinance, 1930, hereby delegate the care and maintenance of the

following property to the above mentioned Church Council, namely-


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

and empower the said Church Council to exercise the following powers
and duties, namely-

GIVEN under the hands of the Bishop of Victoria, Hong Hong,
and of two of the trustees thisday of
19

.................................................. Bishop.


Trustees.
[Originally No. 2 of 1930. Law Rev. Ord. 1939.] Preamble. Ordinances Nos. 5 of 1899 and 16 of 1904. Short title. Interpretation. Constitution of the trustees; [s. 3 contd.] commissary; proceedings and acts of the trustees. Notification of change in trustees. Incorporation and general powers of the trustees; power to acquire property; power to dispose of property; use of seal. Vesting of property in trustees: Saint John's Cathedral Church and precincts; [s. 6 contd.] Saint Andrew's Church, Kowloon; Kellett Crest; furniture and effects; Saint John's Cathedral Hall endowment fund; other property; memorials. Delegation of powers to church councils. Schedule. Boards of patronage: fixing of salary of clergyman in charge; renewal and termination of agreement of the clergyman in charge. Regulations for trustees and church councils. Church councils of Saint John's Catherdral and of Saint Andrew's Church. Application of Ordinaance. Right of visitation. Bishop's right to use Catherdral. Right of troops to use of Catherdral Church on payment of certain sum. Government grant for services at prisions and Governen hospitas. Power to erect memorials; power to remove ruinous memorial, etc.; alterations. Saving of the Chater Endowment Funds. Saving of rights of the Crown and of certain other rights. [Sched. contd.]

[Originally No. 2 of 1930. Law Rev. Ord. 1939.] Preamble. Ordinances Nos. 5 of 1899 and 16 of 1904. Short title. Interpretation. Constitution of the trustees; [s. 3 contd.] commissary; proceedings and acts of the trustees. Notification of change in trustees. Incorporation and general powers of the trustees; power to acquire property; power to dispose of property; use of seal. Vesting of property in trustees: Saint John's Cathedral Church and precincts; [s. 6 contd.] Saint Andrew's Church, Kowloon; Kellett Crest; furniture and effects; Saint John's Cathedral Hall endowment fund; other property; memorials. Delegation of powers to church councils. Schedule. Boards of patronage: fixing of salary of clergyman in charge; renewal and termination of agreement of the clergyman in charge. Regulations for trustees and church councils. Church councils of Saint John's Catherdral and of Saint Andrew's Church. Application of Ordinaance. Right of visitation. Bishop's right to use Catherdral. Right of troops to use of Catherdral Church on payment of certain sum. Government grant for services at prisions and Governen hospitas. Power to erect memorials; power to remove ruinous memorial, etc.; alterations. Saving of the Chater Endowment Funds. Saving of rights of the Crown and of certain other rights. [Sched. contd.]

https://oelawhk.lib.hku.hk/items/show/1616

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