TUNG WAH HOSPITAL ORDINANCE, 1930

TUNG WAH HOSPITAL ORDINANCE, 1930

No. 31 of 1930.

An Ordinance to make certain provisions relating to the
corporation named The Tung Wah Hospital.

[12th December, 1930.]

1. This Ordinance may be cited as The Tung Wah Hospital
Ordinance, 1930.

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





2. In this Ordinance-

' Constitution ' means the constitution of the corporation
created by virtue of the provisions of the Tung Wa Hospital
Incorporation Ordinance, 1870, and continued by this Ordinance,
as such constitution is approved from time to time by the
directors for the time being of the said corporation, subject to
the provisions of this Ordinance relating to any matter expressly
dealt with in this Ordinance;

' Society ' includes a company, institution, firm, guild or
other association of persons by whatever name called.

3.-(1) Notwithstanding the repeal of The Tung Wa
Hospital Incorporation Ordinance, 1870, the corporation created
by virtue of the provisions of that Ordinance, hereinafter called
the corporation ', shall continue to exist under the name of
The Tung Wah Hospital ' and in that name shall, continue to
have perpetual succession and in that name may sue and be
sued in all courts in the Colony and may continue to have and
use a common seal.

(2) Whereas difficulties have arisen with regard to the
ascertainment of the members of the corporation, it is hereby
enacted as follows-

(a) every person who has at any time acted or purported
to act as a director of the corporation shall be deemed to have
been a member of the corporation during his term of office;

(b) every such person still surviving at the commencement
of this Ordinance shall continue during his lifetime to be a
member of the corporation;

(c) every person who is hereafter duly elected a director of
the corporation shall be deemed to be a member of the corpora-
tion during his lifetime;

(d) every person who or society which subscribes a sum
of at least ten dollars to the funds of the qorporation, or
satisfies the directors for the time being that he or it has
at anv time subscribed a sum of at least ten dollars to the funds
of the corporation, and whose name is entered in a register of
members hereafter to be kept by the corporation, shall be a

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





member of the corporation during the lifetime of such person or
during the existence of such society as the case may be;

(e) nothing in this sub-section shall be deemed to affect the
rights of any person who may be able to prove that he is a
member of the corporation by virtue of the provisions of
section 2 of the Tung Wa Hospital Incorporation Ordinance,
1876.

4. The objects of the corporation shall be as follows-

(a) the maintenance, chiefly as a free hospital, of the
hospital which was contemplated by the Tung Wa Hospital
Incorporation Ordinance, 1870, and which is known as the Tung
Wah Hospital;
(b) the maintenance, chiefly as a free hospital, of the
hospital which was contemplated by the Tung Wa Hospital
Extension Ordinance, 1900, and which is known as the Tung
Wah Infectious Diseases Hospital;

(c) the maintenance, chiefly as a free hospital, of the
general hospital which was contemplated by the Tung Wa
Hospital Extension Ordinance, 1911, and which is known as
the Kwong Wah Hospital;

(d) the maintenance, chiefly as a free hospital, of the
hospital on Inland Lot No. 2686 and known as the Tung Wah
Eastern Hospital ;
(e) the management of the Yee Chong mortuary and the
Wing Pit Ting farewell pavilion.
(f) the management of the Man Mo Temple Fund in accord-
ance with the provisions of the Man Mo Temple Ordinance,
1908;

(g) the payment of passages for Chinese destitutes and
patients, the burial and reburial of Chinese, the collection and
administration of funds for the relief of any special distress
among the Chinese community of the Colony, and the promo-
tion, execution, assistance or maintenance of any other charitable
work among the Chinese community of the Colony;

(h) the promotion, execution, assistance or maintenance of
any charitable work among Chinese outside the Colony which

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






has been previously approved by the Secretary for Chinese
Affairs.

5.-(1) The corporation shall have power to acquire accept
leases of, purchase, take, hold and enjoy any lands, buildings,
messuages or tenements of what nature or kind soever and
wheresoever situated, 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 corporation or company, and also to purchase, acquire and
possess vessels and other goods and chattels of what nature and
kind soever.

(2) The corporation shall have power, with the consent in
writing of the Governor, to grant, sell, convey, assign, sur-
render, exchange, partition, yield up, mortgage, transfer or
otherwise dispose of, or tb let or demise for any period
exceeding three years, any lands, buildings, messuages or
tenements which are for the time being vested in or belonging
to the corporation.

(3) The corporation shall have power to let or demise for
any period not exceeding three years, upon such terms as to
the corporation may seem fit, any lands, buildings, messuages
or tenements which are for the time being vested in or belonging
to the corporation.

(4) The corporation shall have power to sell, convey,
assign, surrender, exchange, partition, yield up, mortgage,
demise, reassign, transfer or otherwise dispose of, upon such
terms as to the corporation may seem fit, any debentures, stocks,
funds, shares, securities, vessels or other goods or chattels,
which are for the time being vested in or belonging to the
corporation.

(5) Subject to the provisions of paragraph (h) of section 4,
and of sub-section (2) of this section, with regard to approval
and consent the corporation shall have power to do anything
which may lawfully be done in order to carry out any of the
objects of the corporation.

(6) In any transaction for which the consent in writing of-

+As amended by No. 6 of 1935 [1.3.35].





the Governor is required by the provisions of sub-section (2) the
signature of the Governor indorsed on the document or docu-
ments by means of which the transaction is effected shall be
sufficient evidence that such consent was given.

6. All deeds and other documents requiring the seal of the
corporation shall be sealed with its common seal in the presence
of two directors and shall also be signed by them, and such
signing shall be taken as sufficient evidence of the due scaling
of such deeds and other documents.

7.-(1) The pieces or parcels of ground specified by their
respective Land Office register references in the First Schedule,
together with all buildings erected thereon, and together with
all rights, easements and appurtenances belonging or appertain-
ing thereto or therewith usually held, occupied or enjoyed, are
hereby transferred to and vested in the corporation, for the
unexpired residues of the terms granted, and subject to the
payment of the rents, or the due proportions of the rents, as the
case may be, 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, so far as the same
relate to the said pieces or parcels of ground.

(2) All vessels, goods and chattels, all mortgages, deben-
tures, stocks, funds, shares or securities of any corporation or
company, all sums of money and bank balances, and all other
rights whatsoever, which were vested in or belonging to The,
Tung Wah Hospital immediately before the 12th day of
December 1930, are hereby transferred to and vested in the
corporation.

(3) All pieces or parcels of ground which immediately
before the 12th day of December, 1930, were vested in the Tung
Wah Hospital subject to any right or equity of redemption, or of
which an assignment or intended assignment to the Tung Wah
Hospital subject to any right or equity of redemption had been
made before the 12th day of December, 1930, and of which no
reassignment or intended reassignment had been made by or on
behalf of the Tung Wah Hospital before that date, together with
all rights, easements and appurtenances thereto belonging or

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





appertaining or therewith usually held, occupied or enjoyed, are
hereby transferred to and vested in the corporation, for the
unexpired residues of the terms granted, and subject to the
payment of the rents, or the due proportion of the rents as the
case may be, and the performance of the covenants and con-
ditions reserved by and contained in the respective Crowh leases
of the said pieces or parcels of ground, so far as the same relate
to the said pieces or parcels of ground, and subject also.to the
said respective rights or equities of redemption, and subject
also to any trusts affecting any of the said pieces or parcels of
ground.

(4) Thepieces or parcels of ground specified by their
respective Land Office register references in the Second Schedule,
and all things and rights referred to in sub-section (2)
which immediately before the 12th day of December, 1930,
were vested ih he Tung Wah. Hospital for the purposes
of the Man Mo Temple Ordinance, 1908, shall be held and dealt
with by the corporation in accordance with the provisions of the
said Ordinance and in accordance with the powers, rights and
obligations conferred or imposed by the said Ordinance upon
The Tung Wah Hospital or upon the directors of The Tung
Wah Hospital.

(5) In this section ' The Tung Wah Hospital ' means the
body corporate created by virtue of the provisions of the Tung
Wa Hospital Incorporation Ordinance, 1870.

8.-(1) The number of directors shall be not less than ten
and not more than twenty-

(2) At least three of the directors shall be residents of
Kowloon or New Kowloon.

(3) The directors shall be elected annually, and the annual
election of the directors for any one year shall if possible be
completed in or before the month of December in the previous
year.

(4) The directors elected for any one year shall simul-
taneously cease to be directors at the end of the 31st day of
December in that year, except as regards any director who has

As amended by No. 6 of 1935 [1.3.35] and Law Rev. Ord., 1939,
Supp. Sched,





by reason of death or resignation ceased to be a director before
that time : Provided that if the election of the directors for the
following year has not been completed on or before the said
31st day of December the directors elected for that year shall
continue to be directors until the election of their immediate
successors has been completed: Provided also that, if for any
reason it is impracticable to secure the continuance of such
directors or any of them in office, it shall be lawful for the
Governor to appoint a sufficient number of temporary directors
to act until the election of their successors has been completed.

(5) Any director elected for any one year shall be eligible
for re-election for the following or any subsequent year.

(6) If any vacancy occurs among the directors by reason
of death or resignation it shall be lawful for the remaining
directors or a majority o
to fill the vacancy for the remainder of the year for which the
director dying or resigning was elected.

(7) The directors elected for any one year shall during the
next succeeding year be known as Hip Li and shall
he entitled to attend all meetings of the directors during such.
succeeding year, and to take part in the discussions, but not to
vote, at such meetings.

(8) The election of directors shall be held in accordance with
the constitution ; and in particular the rights and responsibilities
of the various societies in regard to an election in accordance
with the constitution shall remain unaffected.

9.-(1) As soon as possible after the election of the directors
desighate for any particular year they shall elect one of their
number to be chairman for that year.

(2) Immediately after the election of the chairman the
directors designate shall proceed to elect one of their number to
be the second principal director.

(3) Immediately after the election of the second principal
director the directors designate shall proceed to Sect one of
their number to be the third prncipal director.

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





(4) The chairman of the Tung Wah Hospital for the
previous year, or the person entitled to preside in his absence,
shall preside at the three elections referred to in this section.

(5) In the event of two or more directors designate being
returned at the head of the poll with an equality of votes at any
election under this section there shall be a new vote, or if
necessary a series of new votes, to determine which of such
directors shall be elected.

(6) In the event of the death, resignation, incapacity or
absence of the chairman at any time, the second principal
director shall act as chairman and shall have all the powers
and duties of the chairman, and in the event of the death,
resignation, incapacity or absence of the second principal
director so acting, the third principal director shall act as chair-
man and shall have all the powers and duties of the chairman.

(7) In the event of the death, resignation, incapacity or
absence of the three principal directors it shall be lawful for the
corporation to elect in their stead a chairman and two other
principal directors to hold office either temporarily or for the
remainder of the current year, and at such elections a member
of the advisory board shall preside.

10. Subject to any specific instructions given by the
m embers of the corporation at a general meeting of the members
of the corporation, the directors for the time being may exercise
any of the powers and rights conferred on or acquired by the
corporation and may perform any of the obligations and duties
imposed on or assumed by the corporation, and such exercise
of any such power or right, and any such performance of.any
such obligation or duty, shall bind the corporation.

There shall be a committee to be known as the
advisory board whose duties shall be to advise the directors
upon occasion on any matter affecting the corporation or its
administration.

(2) The board shall consist of not more than fifteen persons,
four of whom shall be nominated annually by the directors of
the previous year and shall hold office for one year, and the

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





remainder of whom shall be appointed by the Governor for such
period or periods, and upon such terms, as he thinks fit.

(3) One of the four persons to be nominated annually by
the directors of the previous year shall be a resident of Kowloon
or New Kowloon.

(4) The advice of the advisory board shall be given at a
joint meeting of the directors and the advisory board. Such
joint meeting shall be called by the chairman of the directors-

(a) when the directors desire the advice of the advisory
board ;

(b) whenever the advisory board give the chairman notice
in writing that they desire to discuss with the directors any
specified matter affecting the corporation or its administration.

The chairman shall give the directors and the members of the
advisory board at least four clear days' notice in writing of any
such joint meeting.

12.-(1) At any meeting of the directors seven directors
shall form a quorum.

(2) Every question at any meeting of the directors shall be
decided by a majority of votes of the directors present, and in
case of an equality of votes the chairman shall have a second
or casting vote.

13. All hospitals under the control of the corporation and
all buildings or premises of the corporation shall be open at all
reasonable times to the inspection of the Secretary for Chinese
Affairs and the Director of Medical Services and any other
person whom the Governor may appoint in that behalf.

14.-(1) the corporation shall cause proper books of
account to be kept.

(2) Such books of account shall be open at all reasonable
times to the inspection of any director and of any person whom
the Governor may appoint in that behalf.

(3) The chairman for each year shall witIlin six months.
after the expiration of his term of office send to the Colonial

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





Secretary a statement signed by two of the directors and contain-
ing the following particulars-

(a) an account of the assets and liablities of, the corporation,
made up to the end of the previous year;

(b) an account of the receipts and disbursements of the
corporation during the previous year;

(c) a report on the administration of the corporat ion during
the previous year.

A copy of the said statement shall within the said period of six
months be sent to every director for the current year, to every
director for the preceding year, to every society which by the
constitution is entitled to nominate a person for appointment as
director and to every member of the advisory board.

15. No act done or instrument executed by or on behalf of Validation.
the Tung Wah Hospital, that is to say the body corporate created
by the Tung Wa Hospital Incorporation Ordinance, 1870, shall Ordinance
be questioned on the ground that the said body corporate or the
directors thereof were not in all respects duly constituted.

16. Nothing in this Ordinance shall affect or be deemed to Saving of
affect the rights of His Majesty. the King His heirs and rights of the Crown and.
successors, or the rights of any body politic or corporate or of of certain
any other person except such as are mentioned in this Ordinance th,, rights.
and those claiming by, from or under them.

FIRST SCHEDULE. [s. 7 (1).].

1. Inland Lot No. 835.
2. Inland Lot No. 1440.
3. Inland Lot No. 1758.
4. Inland Lot No. 361.
5. Inland Lot No. 1082.
6. Inland Lot No. 1613.
7. Inland Lot No. 952.
8. Inland Lot No. 2686.
9. Inland Lot No. 1637.
10. Inland Lot No. 1572.
11. Section A of Inland Lot No. 1208.





12. Section B of Inland Lot No. 1208.
13. Section C of,Inland Lot No. 1208.
. 14. The Remaining Portion of Inland tot No. 1208.
.15. Inland Lot No. 1209.
16. Section A of Inland Lot No. 865.
17. Inland Lot No. 866.
18. The Remaining Portion of Inland Lot No. 697.
19. Section A of Inland Lot No. 13.
20. Inland Lot No. 1158.
21. Marine Lot No. 351.
22. Inland LA No. 1866.
23. The Remaining Portion of Inland Lot No. 560.
24. The, Remaining Portion of Inland Lot No. 561.
25. Inland Lot:No. 562.
26. Inland Lot No. 764.
27. Inland Lot No. 1707.
28. Inland Lot No. 1842.
29. Rowloon inland Lot No. J213.
30. Inland Lot No. 2210.
31. Section, P of Inland Lot No. 1274.
32. Section A of Inland Lot No. M4.
33. Section B of Inland Lot No. 1276.
34. The Remaining Portion of Inland Lot No, 1275.
35. Section A of Inland Lot No. 853.
36. Inland Lot. No. 854.
37. Section R of Marine Lot No. 140.
38. Sub-section 1 of Section A of Inland Lot No. 381.
39. The Remaining Portion of Inland Lot No. 382.
40. Lots Nos. 582 and 583 in Survey District No. 1.
41. Section A of Sub-section 1 of Section B of Inland Lot
No. 1135.
42. Kowloon Inland Lot No. 878.

SECOND SCHEDULE. [s. 7 (4).]

1. Inland Lot No. 396.
2. Inland Lot No. 1795.
3. Inland Lot No. 338.

No. 32 of 1930; incorporated in NO. 2 Of 1917
and No. 4 Of 1930.
[Originally No. 31 of 1930. No. 6 of 1935. No. 46 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. Ordinance No. 1 of 1870. Continued existence of the corporatioon created by Ordinacnce No. 1 of 1870 and membership thereof. Objects of the corporation. Ordinance No. 1 of 1870. Ordinacne No. 1 of 1900. Ordinance No. 38 of 1911. Ordinance No. 10 of 1908. Powers of the corporation. Execution of documents. Vesting of property. First Schedule. Second Schedule. Ordinance No. 10 of 1908. Ordinance No. 1 of 1870. Election of directors. Election of chairman and other principal directors. Powers of directors. Advisory board. Quorum and majority decision. Inspection of hospitals and buildings. Accounts. Validation. Ordinance No. 1 of 1870. Saving of rights of the Crown and of certain other rights.

[Originally No. 31 of 1930. No. 6 of 1935. No. 46 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. Ordinance No. 1 of 1870. Continued existence of the corporatioon created by Ordinacnce No. 1 of 1870 and membership thereof. Objects of the corporation. Ordinance No. 1 of 1870. Ordinacne No. 1 of 1900. Ordinance No. 38 of 1911. Ordinance No. 10 of 1908. Powers of the corporation. Execution of documents. Vesting of property. First Schedule. Second Schedule. Ordinance No. 10 of 1908. Ordinance No. 1 of 1870. Election of directors. Election of chairman and other principal directors. Powers of directors. Advisory board. Quorum and majority decision. Inspection of hospitals and buildings. Accounts. Validation. Ordinance No. 1 of 1870. Saving of rights of the Crown and of certain other rights.

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