SAILORS HOME AND MISSIONS TO SEAMEN INCORPORATION ORDINANCE, 1930

SAILORS HOME AND MISSIONS TO SEAMEN INCORPORATION ORDINANCE, 1930

No. 8 of 1930.

AnOrdinance to provide for the incorporation of the Sailors
Home and Missions lo Seamen.

[8th August 1930.]

1. This Ordinance may be cited as the Sailors Home and
Missions to Seamen Incorporation Ordinance, 1930.





2.-(1) The committee for the time being of the Sailors
Home and Missions to Seamen shall be a body corporate
(hereinafter called ' the corporation ') and shall have, the
corporate name, ' The Sailors Home and Missions to Seamen '
and in. that name 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) The committee shall be composed of the following-

(a) the Bishop of the Church of England known as the
Bishop of Victoria, for the time being officiating in the Colony;

(b) the person for the time being performing the duties of
Harbour Master of Hong kong;

(c) the person for the. time being in charge of the business
of Messrs. jardine, Matheson & Company, Limited,, in Hong
Kong;

(d) two persons who shall be nominated by the Hong Kong
General Chamber of Commerce with power to such Chamber to
fill up any vacancy occurring in aby of such nominees from time
to time;
(e) two persons nominated by the Missions to Seamen in
London with power to such Missions to Seamen to fill up any
vacancy occurring in any of such nominees from time to time;
(f) a representative of His Majesty's Navy appointed by the
aforesaid members of the committee;

(g) such other persons, one of whom must be the honorary
treasurer of the corporation, not exceeding at any one time four
in number as may from time to time be co-opted by the other
members of the committee with power to the committee, to fill up
any vacancy occurring from time to time in the co-opted
members.

The committee shall have such powers and duties and shall
hold such meetings as are specified in this Ordinance and in the
regulations made thereunder.

3.-(1) For the purposes of the nomination mentioned in
section 2 (d) and (e) a copy of a minute purporting to be a copy

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





of a minute of the committee of the Hong Kong General
Chamber of Commerce and a copy of a minute purporting to be
a copy of a minute of the committee of the Missions to Seamen
in London respectively that a person has been nominated a
member of the committee shall be sufficient.
(2) The certificate of the Colonial Secretary that any person
was at the date of the certificate or had been at some previous
specified date a member of the committee shall for all purposes
be conclusive evidence of that fact.

4-(1) The corporation shall carry on the work and objects
heretofore carried on both by the trustees of the Sailors Home
and by the Missions to Seamen in Hong Kong, which, as
regards the trustees of the Sailors Home, are the care of officers
and men of the Mercantile Marine irrespective of their religion
and also the provision of a suitable institute or home for the
seafaring classes and officers and men aforesaid, and as regards
the Missions to Seamen in Hong Kong are the provision of an
institute for and the spiritual welfare of the seafaring classes and
in pursuance of such work and objects the use of every means
consistent with the principles and accepted practice of the Church
of England; and the corporation shall continue to carry on such
work and objects.
(2) The corporation shall have, power to acquire, accept and
grant leases of, take, hold and enjoy any lands, buildings,
messuages or tenements of what kind or nature 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
to purchase, acquire and possess vessels and other goods and
chattels of whatsoever kind or nature.
(3) The corporation shall further have power by deed under
its seal to grant, sell, convey, assign, surrender, exchange,
partition, yield up, mortgage, pledge, demise, reassign, transfer
or otherwise dispose of any lands, buildings, messuages, tene-
ments, mortgages, debentures, stocks, funds, shares or securities,
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 seern fit.

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





5. All deeds and other instruments requiring the corporate
seal of the corporation shall be sealed in the presence of three
members of the committee and shall be signed by three members.

6.-(1) All those pieces or parcels of ground registered in
the Land Office as Marine Lot No. 295 and Inland Lot No. 2899,
together with all rights, easements and appurtenances thereto
belonging or usually held, occupied or enjoyed therewith, are
hereby transferred to and vested in the corporation for the
unexpired residues of the terms of years created by the Crown
leases thereof, subject to the payment of the rents and the
performance and observance of the covenants and conditions
therein contained and subject to all mortgages and charges in
respect thereof.

(2) All property and effects at the time of the coming into
operation of this Ordinance be longing to and vested in the
trustees of the Sailors Home and the Missions to Seamen in
Hong Ko ng respectively as respectively incorporated by the
Sailors Home Ordinance, 1925, and by the Missions to Seamen
in Hong Kong Incorporation Ordinance, 1919, shall at the
time of the coming into operation of this Ordinance, be trans-
ferred to and be and become vested in the corporation.

(3) On the coming into operation of this Ordinance the
corporation shall in addition to the mortgages and charges
referred to in sub-section (1) Uccomd liable for all debts and
liabilities of the trustees of the Sailors Home and Missions to
Seamen in Hong Kong.

7.-(1) The corporation may, subject to the approval of the
Governor in Council, by a resolution passed by the majority of
the committee, make from time to time such regulations as may
in its discretion seem desirable for the administration of the
corporation and the management of the premises and property of
whatever description thereof, with the exception that regula-
tion 11 and that part of regulation 13 in the Schedule hereto
which relates to the chaplain shall not in any way be altered
except with the consent of the Missions to Seamen in London.

(2) Subject to the exercise of the, above powers the

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





regulations contained in the Schedule hereto shall be deemed
to have been made under this Ordinance.

8. 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 persons except such as are mentioned in this Ordinance and
those claiming by, from or under them.

9. Nothing in this Ordinance shall affect or be deemed to
affect the Chater Missions to Seamen. Endowment Fund save
that the corporation shall be substituted for the Missions to
Seamen in Hong Kong mentioned in clause 4 Of the deed of
trust dated the 4th day of May, 1923,

SCHEDULE. [s. 7.]

REGULATIONS.

1. In these renulations,

(1) ' the committee ' means the committee incorporated under
this Ordinance as ' The Sailors Home and Missions to Seamen -;

(2) - the institute - means the premises used by the corporation
in connexion with its work.

THE COMMITTEE.

2. The supreme control and management of the institute and of
the premises and property of whatever description of the corporation
shall be vested in the committee.

3. General meetings of the committee shall be held in the months
of February, April, July and October in each year on such day at such
hour as the committee shall direct.

4. The general meeting to be held in the month of February in
each year shall be called the annual general meeting and at such
meeting a report of all the affairs of the corporation and an account of
the receipts, expenditure and property of the corporation together with
a balance sheet for the last year shall be presented by the honorary
treasurer and the chartered accountants (hereinafter referred to) and

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





there shall be elected a chairman, an honorary treasurer, chartered
accountants and auditors for ithe ensuing year. At such annual
general meeting such other business shall be transacted as may be
necessary.

5. Special meetings of the committee may be convened at any
time on the requisition of not less than four members thereof by a
notice specifying the object of the meeting and at any special meeting
convened on such requisition no business shall be transacted other than
that specified in the requisition.

6. General or special meetings of the committee shall be convened
(subject to regulation 5) by direction of the chairman of the committee,
and seven days' notice in writing thereof shall be given to the members
of the committee then within the Colony.

7. At every general or special meeting of the committee the chair
shall be taken by a chairman to be nominated by the members of the
committee present of whom four shall be a quorum.

8. The business manager (as hereinafter defined) shall keep a
minute book of such meetings, and proper entries shall be made therein
of all business transacted at every meeting.

9. The voting at and resolution of general or special meetings of
the committee shall be decided by show of hands.

MANAGEMENT.

[10. rep. Law Revision Ordinance---1939, Supp. Sched.]

11. The chaplain shall be in sole charge of the religious activities
of the institute and shall care for and attend to all social arrangements
and functions and to the visitation of ships and hospitals and he shall
also be in charge of the launch ' Dayspring' and of her crew and of
any other launch from time to time owned or chartered by the
corporation for its purposes.

12. There shall be a business manager who shall subject to the
control of the committee be entrusted with the upkeep and repair of
the buildings, furniture and fittings of the institute, the management
of all catering and messing arrangements and the secretarial and office
work. He shall also be entitled to go on board all mercantile shipping
and shall make any necessary hospital arrangements in connexion with
seafarers.

13. Any chaplain subsequent to the first chaplain shall be
appointed by the Missions to Seamen in London but such appointment,
the period of such appointment and the terms of such appointment
shall be subject to the approval of the committee. While in Hong
Kong the chaplain shall be subject to the control of the committee





and his stipend shall be paid out of the funds of the corporation. The
business manager shall be appointed by, the committee for such period,
on such salary and on such terms as the committee may in their
discretion think desirable and shall be paid out of the funds of the
corporation. Captain F. Bayliss, Ahe late Superintendent of the
Sailors Home, shall be paid out of theJunds of the corporation a
pension for life of three hundred and fifty pounds per annum being the
pension heretofore agreed to be paid to him.

14. Neither the chaplain nor the business manager shall be
entitled to serve as a member of the committee or to vote at any
meetings thereof but they shall both attend every such meeting unless
the committee otherwise desires.

15. No alcoholic liquors shall be sold or consumedon the premiRes
of the institute.

16. The institute shall be open to all men of His Majesty's Navy
and to officers and men of the Mercantile Marine irrespective of their
religion. Either the chaplain or the business manager sliall have
Power to refuse to admit to and also power to expel from the prernises
of the institute any person or persons whatever for any reason which
such chaplain or business manager may decide to be sulficient. Any
person or persons aggrieved by any such decision of the chaplain or
of the businbss manager may refer the matter to the committee for
their decision which shall be final.

RELIGIOUR SERVICES

17. The chapel on the premises of the institute shall be used for
divine service and workship according to the rites and ceremonies of the
Church of England.

18. Such services shall be voluntary and the attendance thereat
of any person or persons using the institute shall not be compulsory.

OFFICERS.

19. A firm of chartered accountants shall be appointed by the
committee at the annual eneral meetina to manage the financial
affairs of the institute. Such firm shall be responsible for the collection
of all moneys due to the corporation and for the payment thereout of
all necessary payments. Pending and subject to any such appoint-
ment as aforesaid the firm of Messrs. Lowe, Bingham and Matthews
shall be the chartered accountants of the institute. There shall also
be an honorary treasurer of the corporation appointed by the committee
from time to time who shall carry out such duties, as may be
to him by the committee and shall hold office until a successor to him
is appointed.





AUDITORS.

20. There shall be one or more auditors of the corporation who
shall be elected annually at the annual general meeting. Pending and
subject to any such appointment Messrs. Lowe, Bingham and
Matthews shall be the auditors of the corporation.

21. The auditor or auditors shall not later than three weeks
before the annual general meeting in each year audit and report upon
all accounts and books of the corporation and shall at any other time
if and when required by the committee audit and report upon any of
such books and accounts.

22. All the accounts and books of the corporation shall be open
to inspection by 1he auditor or auditors at all reasonable times,

23. The bankers of the corporation shall be the Hong Kong and
Shanghai Banking Corporation or such other bankers as the committee
may from time to time determine.

24. All subscriptions and pecuniary donations and the income of
investments and all other money from time to time forming part of
the general funds of the corporation shall on the same being received
be paid to the general accounts; of the corponition with its bankers.

25. All capital moneys shall be paid into a separate account and
shall be expended first on the cost of building the institute and as to
the balance towards forming an endowment fund which shall be
invested and controlled by the committee and used by them in any
way they think fit for the benefit of the institute.

26. Cheques shall be drawn on the order ol the committee and
shall be signed by the chartered accountants and countersigned by two
members of the committee.

INVESTMENTS,

27. All moneys standing to the credit of the endowment fund
shall be invested by the committee in the corporate name of the
corporation or in the naines of its nominees in the investments
authorized in this Ordinance, and any such investments from time to
time may be sold and the proceeds thereof invested in other such
investments as aforesaid as and when the committee may direct.

No. 9 of 1930, incorporated in No. 9 of 1925.

No. 10 of 1930, incorporated in NO. 20 Of 1923.
[Originally No. 8 of 1930. Law Rev. Ord., 1939.] Short title. Incorporation. Appointment of members of committee. Powers of corporation. Execution of documents. Vesting of property. Ordinances Nos. 5 of 1925 and 10 of 1919. Power to make regulations. Schedule. Schedule. Saving of rights of the Crown and of certain other rights. Nothing herein to affect the Chater Missions to Seamen Endowment Fund save as herein provided. [Sched. contd.] [Sched. contd.] [Sched. contd.]

[Originally No. 8 of 1930. Law Rev. Ord., 1939.] Short title. Incorporation. Appointment of members of committee. Powers of corporation. Execution of documents. Vesting of property. Ordinances Nos. 5 of 1925 and 10 of 1919. Power to make regulations. Schedule. Schedule. Saving of rights of the Crown and of certain other rights. Nothing herein to affect the Chater Missions to Seamen Endowment Fund save as herein provided. [Sched. contd.] [Sched. contd.] [Sched. contd.]

https://oelawhk.lib.hku.hk/items/show/1617

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