MAN MO TEMPLE ORDINANCE

MAN MO TEMPLE ORDINANCE

CHAPTER 154.

MAN MO TEMPLE.

To provide for the transfer of the properties of the Mun Mo Temple
to the Tung Wah Hospital.

[5th June, 1908.]

WHEREAS the several leasehold hereditaments and premises set out
in the Schedule were granted to or became vested in certain
persons as trustees for and on behalf of the Chinese community
of Hong Kong or for and on behalf of a Chinese temple in Hong
Kong situate upon some of the said hereditaments and premises
and known as 'The Man Mo Temple' : AND WHEREAS the said
persons or the greater number of them are now dead or cannot be
found : AND WHEREAS the said hereditaments and premises
and the affairs of the said Temple have for many years been
managed by the Directors of the Tung Wah Hospital and it is
desirable to vest the said hereditaments and premises and the
temple in the Tung Wah Hospital tinder and subject to the
conditions and provisions hereinafter contained :

1. This Ordinance may be cited as the Man Mo Temple
Ordinance.

2. All the messuages, lands, tenements and hereditamerits
described in the Schedule and all other properties and moneys now
belonging to or in the possession or under the control of the Man Mo
Temple shall be and become and remain and continue vested in the
Tung Wah Hospital, as to the said lands for the unexpired residue of
the several and respective terms of years created by the Grown leases
of the said lands respectively, but subject to the payment of the Crown
rent or due proportion of the Crown rent reserved by such leases
respectively, and subject to the observance and performance of the
covenants and conditions and subject to the provisions respectively
contained in such Crown leases so far as the same relate to the several
hereditaments and premises comprised in the Schedule.

3. It shall be lawful for the Tung Wah Hospital at any time
hereafter (with the consent in writing of the





Governor) to purchase or otherwise acquire, hold, take and enjoy any
messuages, lands, tenements and hereditaments whatsoever in this
Colony for the purposes of this Ordinance.

4. It shall be lawful for the Tung Wah Hospital (with the consent
in writing of the Governor) to sell, exchange, mortgage, or in any
manner dispose of, or (without such consent) to let or demise for any
terin not exceeding three years any of the messuages, lands, tenemerits
aiid hereditaments hereby vested in or hereafter acquired by the Tung
Wah Hospital for the purposes of this Ordinance, and also to do any
other act, matter or thing in relation to any such messuages, lands,
tenements and hereditaments which the Tung Wah Hospital shall deem
necessary or expedient.

5. Upon any such sale, mortgage or disposition of any of the said
messuages, lands, tenements and hereditaments the signature of the
Governor indorsed upon the deed or other document effecturating such
sale, mortgage or disposition shall be sufficient evidence that the
consent required by section 4 has been obtained.

6. Subject to the provisions of the Trustee Ordinance, the Tung
Wah Hospital may lend any moneys which are subject to the
provisions of this Ordinance on the security, of mortgage of any
leasehold messuages, lands, tenements or hereditaments and may
exercise all the ordinary rights, powers and privileges of a mortgagee as
to foreclosure or sale of the mortgaged property or otherwise.


7. All the messuages, lands, hereditaments and premises,
properties and moneys by this Ordinance transferred to and vested in
the Tung Wah Hospital, and all other properties and moneys acquired
by the Tung Wah Hospital under or by virtue of the provisions of this
Ordinance, or hereafter given or bequeathed to the Tung Wah Hospital
for the purposes of this Ordinance, shall form a separate fund, which is
hereinafter referred to as the Man Mo Temple Fund.





8. The 1Man Mo Temple Fund shall be used for the following
objects only

(a)to provide for the upkeep of the Man Mo Temple and the
maintenance of the customary religious observances
thereof;

(b)to keep the buildings belonging to the fund in good repair,
or for the purpose of altering, adding to, pulling down or
rebuilding the said buildings or any of them or of erecting
any new or additional buildings for the purposes of this
Ordinance

(c)subject to the approval of a special meeting of the Chinese
community of Hong Kong to be convened by the directors
of the Tung Wah Hospital to he publicly advertised and to
be held in the last month of each year of the Chinese
calendar, to pay out of the surplus revenue of the said fund
an annual subscription of not less than two thousand five
hundred dollars to be applied to such of the purposes of the
Tung Wah Hospital as the directors thereof may direct;

(d)to maintain free schools in Hong Kong for the purpose of
giving an education in Chinese to persons of Chinese race;
and

(e)to assist any charitable or philanthropic institution of
benefit to the Chinese community of Hong Kong.

9. The directors of the Tung Wah Hospital shall have power to
make regulations for their procedure in the transaction of business
under this Ordinance and generally for all matters relating to the
administration and discipline of the temple and the temple fund:
Provided always that a copy of such regulations shall be furnished to
the Colonial Secretary, and every such regulation shall be subject to
disallowance at any time by the Governor in Council.

10. The directors of the Tung Wah Hospital shall-

(a)keep a separate account of the Man Mo Temple Fund and
cause proper books of account of such fund to be kept,
which shall be open during the, first month of each year of
the Chinese calendar to the inspection of any person
interested therein,





and at any time to the inspection of any person whom the
Governor in Council may appoint in that behalf; and

(b)within one month after the expiration of every year of the
Chinese calendar, transmit to the Secretary for Chinese
Affairs a true statement of the assets and liabilities of the
Man Mo Temple Fund and an account of its receipts and
disbursements during the previous year; such statement
shall include a schedule of all messuages, lands, tenements,
hereditaments, mortgages and other investments included in
the fund, and such statement shall, if required, be verified
upon oath before a justice of the peace by two members of
the board of directors of the Tung Wah Hospital.

11. In case it is at any time shown to the satisfaction of the
Governor in Council, that the Tung Wah Hospital has ceased or
neglected or failed to carry out in a proper manner the objects and
purposes of this Ordinance or to fulfil the conditions thereof or that
sufficient funds cannot be obtained by voluntary contributions or
otherwise to defray the necessary expenses of maintaining the said
temple, or that the Mail Mo Temple Fund is insolvent, or in case the
Tung Wah Hospital shall cease to exist as a corporation, it shall be
lawful for the Governor, with the advice of the Legislative Council, by
an Ordinance to be passed for that purpose to repeal this Ordinance:
Provided always that six months' notice of the Governor's intention to
introduce such an Ordinance into Council shall be previously given to
the Tung Wah Hospital unless it has ceased to exist as a corporation.

12. In the event of the repeal of this Ordinance, all the property
and assets of the Man Mo Temple Fund shall become vested in the
Crown, subject to the rateable payment thereout of the just debts and
liabilities of the said fund to the extent of such property and assets and
in such manner as may be provided by the repealing Ordinance or by
any order to be made in that behalf by the Governor in Council.





13. Nothing in this Ordinance shall affect or be deemed to
affect the rights of His Majesty the King, His Heirs and
Successors, or the rights of any body politic or corporate or of
any other persons except such as are mentioned in this
Ordinance and those claiming by, from or under them.
Originally 10 of 1908. Fraser 10 of 1908. 24 of 1950. Short title. Property of temple vested in Tung Wah Hospital. Schedule. Power to acquire and hold lands. [s. 3 cont.] Power to sell, etc., and to demise. Consent of Governor, how evidenced. Power to lend money on mortgage. (Cap. 29.) Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. [s. 10 cont.] 24 of 1950, Schedule. Provision for repeal of the Ordinance in certain cases. Disposal of property in cases of repeal of Ordinance. Saving of rights of the Crown and of certain other rights.

Originally 10 of 1908. Fraser 10 of 1908. 24 of 1950. Short title. Property of temple vested in Tung Wah Hospital. Schedule. Power to acquire and hold lands. [s. 3 cont.] Power to sell, etc., and to demise. Consent of Governor, how evidenced. Power to lend money on mortgage. (Cap. 29.) Properties transferred or acquired to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. [s. 10 cont.] 24 of 1950, Schedule. Provision for repeal of the Ordinance in certain cases. Disposal of property in cases of repeal of Ordinance. Saving of rights of the Crown and of certain other rights.

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