CHINESE TEMPLES ORDINANCE

CHINESE TEMPLES ORDINANCE

CHAPTER 153.

CHINESE TEMPLES.

To suppress and prevent abuses in the management 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.

2. In this Ordinance 'Chinese temple' includes

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

(b) every place where

(i) in accordance with the religious principles
governing Miu Tsz, Kun, To Yuen or Om, worship of
gods or communication with spirits or fortune-telling is
practised or is intended to be practised; and where

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

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 se chuk ( temple keepers).

(d)contravention of such regulations which shall be
offences and prescribing penalties therefor: Provided
that no penalty so prescribed shall exceed a fine of one
thousand dollars.

(2) Nothing in this section shall be construed as obliging the
Chinese Temples Committee to make any





regulation before exercising any other power conferred oil the
committee by this Ordinance.

4. (1) Subject to the provisions of subsections (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 subsection (I) it shall be lawful for
the Chinese Temples Committee referred to in section 7 to exempt any
Chinese temple from the provisions of subsection (i). 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exemption may be withdrawn at any time by the Chinese Temples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.

(3) If the Chinese Temples Committee refuses to grant an),
exemption applied for under subsection (2), or withdraws any exemption
granted under the said subsection, it shall be lawful for the applicant,
within fourteen days from 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 maintained 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 temple 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 held.

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
thereunder; or

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

(c)derive any profit 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, 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)the Chinese members of the Urban Council for the time being
appointed by the Governor;

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

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

(e)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;





one person to be appointed by the Governor for such period
as he shall specify;

(g) the Secretary for Chinese Affairs.

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

(2) In order 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 Ordinance.

(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.

(6) If the property in question consists of stock as defined in the
Trustee Ordinance, or is a chose in action, and the person by whom or
in whose name it is held or in whom the right to sue and recover 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 hearing 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 transfer 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.

(7) If the property in question is of any other nature
than is referred to in subsections (5) and (6), aiid 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 Committee 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 aiid 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 by the Chinese Temples Committee in the exercise of
its powers under this Ordinance; and

(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 nianner in
which tenders shall be called for aiid the powers and obligations of any
sz chuk.



(3) Any lump sum paid 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 Committee,
without tender, to appoint any person to the office of sz chuk of aily
temple.

(5) It shall be lawful for the Chinese Temples Committee to give to
the sz chuk of aily 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 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 interested in the matter, and to lay the facts before such interested
persons as may attend such meeting, aiid 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 deerned 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 temple 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.





(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. (j) 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 ally books or documents and also
anything which may appear to be or contain 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.

51. Any person who contravenes any of the provisions of
this Ordinance shall Upon summary conviction be liable to a fine
of one thousand dollars.

SCHEDULE. [s. 13.]

KUN YAM TONG 336 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.


TAM KUNG SIN SHING TEMPLE Aberdeen Inland

Lot No. 72.

TIN HAU TEMPLE Tung Lo Wan, Inland Lot No. 1352.
Originally 7 of 1928. Fraser 7 of 1928. 22 of 1950. 24 of 1950. Short title. Interpretation. Regulations. [s. 3 cont.] 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. (Cap. 310.) 24 of 1950, Schedule. [s. 7 cont.] 24 of 1950, Schedule. (Cap. 29.) Application of revenues of Chinese temples. General Chinese Charities Fund. [s. 9 cont.] Temple keeper. Power to delegate. Closing of temples which falls into disuse. Exempted Chinese temples. Schedule. [s. 13 cont.] Power of search and seizure. Penalty. 22 of 1950, Schedule.

Originally 7 of 1928. Fraser 7 of 1928. 22 of 1950. 24 of 1950. Short title. Interpretation. Regulations. [s. 3 cont.] 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. (Cap. 310.) 24 of 1950, Schedule. [s. 7 cont.] 24 of 1950, Schedule. (Cap. 29.) Application of revenues of Chinese temples. General Chinese Charities Fund. [s. 9 cont.] Temple keeper. Power to delegate. Closing of temples which falls into disuse. Exempted Chinese temples. Schedule. [s. 13 cont.] Power of search and seizure. Penalty. 22 of 1950, Schedule.

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