CHURCH OF ENGLAND TRUST ORDINANCE

CHURCH OF ENGLAND TRUST ORDINANCE

CHAPTER 277.

CHURCH OF ENGLAND TRUST.

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 ceretnonies of the Church of England,
and for ceritiln objects ancillary to the aforesaid objects.

[18th January, 1930.]

I. 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 main-
tained and kept up and divine worship has been performed
therein and elsewhere in the Colony in accordance with the
provisions of certain Ordinances and it is expedient to provide
for a continuance 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 Chapter, 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 Kong in addition to the powers conferred
on them 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 enjoy any lands, buildings, messuages or tenements
and any other property of what kind or nature soever and
wheresover 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





endowments (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 trans-
ferred to or vested in one central incorporated authority which
may administer the same for the purpose of endowing, sup-
porting, 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, educa-
tional or social nature, or otherwise :

1. This Ordinance may be cited as the Church of
England Trust Ordinance.

2. In this Ordinance-
'Archdeacon of Hong Kong' means the clergyman holding
the Bishop's licence to such office;
'Bishop' means the Bishop of Victoria, Hong Kong;
'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;
'church body' means the trustees of Saint John's Cathedral
Church in Hong Kong as heretofore constituted ;
'comniissary' 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 Canter-
bury;
'Dean' means the clergyman in charge of Saint John's
Cathedral and holding the Bishop's licence to such office;
'Diocesan Conference' rneans the assembly of clergy and
laity of the Church of England for the Diocese, con-
stituted according to such rules as have been approved
by the Bishop for the time being;
'diocese' means the area over which the Bishop of Victoria,
Hong Kong, has ecclesiastical authoritY
'incumbent' means a clergyman with a of souls in
charge of a church and holding the Bishop's licence
thereto ;
'trustees' means the trustees appointed by or under the
provisions of section 3.





Trustees.

3.(1) (a) There sliall be a body of trustees which,
subject to the other provisions of this Ordinance,
shall consist of-
(i) The Bishop of Victoria, Hong Kong;
(ii) The Dean of Saint John's Cathedral;
(iii) The Vicar of Saint Andrew's Church, Kow-
loon;
(iv) The Vicar of Christ Church, Kowloon Tong,
and their successors in office for the time being,
together with two lay trustees representing Saint
John's Cathedral, two lay trustees representing
Saint Andrew's Church, Kowloon, and two lay
trustees representing Christ Church, Kowloon
Tong, and thereafter 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.
(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 incum-
bent and two duly elected lay representatives of such
church shall be members of the body of trustees.
(c)All lay trustees shall bc 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 clergynlan of the Church of
England to be a trustee, and to act for the Bishop in accor-
dance with the terms of the dormant commission, during any
absence of the Bishop from the Colony and during any in-
capacity 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 commission 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 tahen 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 con-
tinue in force, either as a dormant commission or in active
effect as the case may by, 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 vear, 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 ciuortt)ii.
(d) No act or decision of the trustees shall be valid unless
approved b), 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, discre-
tion or instrument shall be questioned on the ground
that the other trustees, or any of thern, 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 bv
him in the Gazette.
(2) No such change shall be deemed to have been made
unless it has been so published in the Gazelle.
(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 1n 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 and 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 en'oy any lands, buildings,
messuages or tenements of what nature and kind soever and
wheresoever situate, and also 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 goods and chattels of
what nature or kind soever, for the purpose of endowing,
supporting, maintaining, carrying on or otherwise promoting
the work of the Church of England in Hong Kong or else-
where 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, mortgage, demise, reconvey, reassign, transfer or
otherwise dispose of or deal with any lands, buildings,
messuages, tenements, 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.

(4) All deeds and other documents requiring the seal
of the trustees shall be scaled with such seal in the presence
of the Bishop or his commissary and shall be s)-ned 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 sealed 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 appurten-
ances thereunto 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 ustial in the Church of
England shall be therein performed and carried on in
accordance with the rites and ceremonies of the said Church
sub ject nevertheless to the road and right of way delineated
and coloured red oil the said plan which road shall be
maintained as heretofore by the Government: Provided
always that if at any tirne the church ceases to be Lised as
a church for divine worship and the services usual in the
Church of England cease to be performed and carried oil
therein in accordance with the said rites and ceremonies,
the church and the precincts thereof shall revert to and
become the absolute property of the Crown unless the same,
be sold or otherwise disposed of with the. consent ill writillo.
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
theretinto 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 seventy-five 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 said crown lesse's covenallts
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
of the Church of England who may be approved by, the
Bishop) for the conduct of stich services 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 pavilients 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 parted with
without the previous consent of His said Majesty, His Ileirs,
Successors or Assigns, signified as aforesaid or upon other
terms 'and provisions than set forth in the said Crown lease.

(3) The furniture, fittings, fixtures, chattels and effects
held for the use of Saint John's Cathedral 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. [(4)

(4) 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. [(5)

(5) All books, papers and other documents hitherto
kept at Saint John's Cathedral 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. [(6)

(6) All memorials in or about Saint John's Cathedral
and in or about Saint Andrew's Church shall be under the
care and custody of the trustees. [(7)

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 Saint jolin's Cathedral Church
and Saint Andrew's Church, Kowloon, respectively, and
provision for the administration of the services to be per-
formed 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 Ordin-
ance 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 niatter 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 arnend any 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 appoint-
ment. If no notice of appointment 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 be chairn-ian, 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 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 tirne being may approve.

(3) The time and manner of the summoning and meeting
of such board and the mode of its procedure sliall be deter-
mined 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 con-
cerned 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 con-
sisting 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 hoc which board
shall report its decision to the trustees : Provided that no
dismissal except on the expiration of an agreenient 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 rnatters-
(a)the mode of filling tip casual vacancies among their
number;
(b)the holding of meetings of the trustees and the con-
duct 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;
(d)the regulation of the church councils constituted by
section io, and the constitution and regulation of





church councils for any church to which this Ordin-
ance for the time being applies;
(e) the keeping of accounts by church councils;
the care, maintenance and administration of 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 an), particular church council until such amendment
has been adopted at a rneeting, of the qualified and duty,
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 con-
stituted 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 thern in accordance with section
: Provided always that all matters connected with the
religious services of the churches sliall be under the
immediate direction and management of the respective in-
cumbents 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 clergyman in charge
and the church council with regard to any such change shall
be referred to the Bishop who, after such consultation as lie
thinks best both with the incumbent 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, con-
firmations 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 in annual suni 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 Legis-
lative 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.

(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 satisfaction of the trus-
tees : 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 ill
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) Endow-
ment Fund or the Chater (Saint Andrew's Church) Endow-
ment 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 tile inconle
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 persons except such as are mentioned in this
Ordinance and those claiming by, from or under them,

SCHEDULE. [s. 7.]

LETTER OF DELEGATION
issued pursuant to section 7 of The Church of
England Trust Ordinance.
(Chapter 277 of the Revised Edition of Ordinances.)
To the CHURCH COUNCIL OF CHURCH.
THE TRUSTEEs appointed under The Church of England Trust
Ordinance, hereby delegate the care and maintenance of the
following property to the above mentioned Church Council, namely-

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

GIVEN under the hands of the Bishop of Victoria, Hong Kong,
and of two of the trustees this day of
19
............................... Bishop.

Trustees.
...............................





REGULATIONS FOR TRUSTEES' MEETINGS.
(Cap. 277, Section 9.)
(Ordinance No. 2 of 1930.)
[6th Feb., 1931.]

1. In the event of death, incapacity to act, or resignation, of
any lay trustee, or in the case of a trustee being absent for six
months or more, the trustees shall request the church council repre-
sented by such absent trustee to nominate some qualified person to
act in his or her place until the next annual church meeting.
2. The statutory meeting shall be held as soon as possible after
the annual church meetings, and further meetings at such other
tirnes as business may require.
3. A the statutory meeting the trustees may elect a treasurer,
a secretary. and an auditor for the ensuing year. Any casual
vacancies in such offices shall be filled either at a special meeting
called for that purpose or by consent of the trustees signified in
writing on a paper circulated,for that purpose.
4. Chater (Cathedral) and Chater (St. Andrew's) Endowment
Funds. In respect of investments under the Chater (Cathedral) and
Chater (St. Andrew's) Endowment Funds, the procedure shall be that
before the statutory meeting. the honorary treasurer shall obtain
from the trustees of the Chater Endowment Funds a revised state-
ment of investments then representing the trust funds, and copies
of such statement shall be forwarded to the respective church councils
and submitted to the trustees at the statutory meeting.
5. Church councils: accounts and reports. Prior to the
statutory meeting, the honorary treasurer shall obtain statements
of accounts from the respective church councils, and forward the
same to the trustees at least a week before the statutorj

REGULATIONS FOR CHURCH COUNCILS.
(Cap. 277, Section 9.)
[18th Jan., 1930.]

1, In these regulations the expression 'church councils' means
the bodies constituted under that name by or under the Church of
England Trust Ordinance.

2. Every church council shall consist of-
(a) the incumbent or clergyman in charge;
(b) the senior licensed assistant clergyman, if any;
(c) such number of lay representatives (who may be of either
sex) as the annual church meeting may from time to time
decide. Such lay representatives must be actual com-
municant members of the Church of England of twenty-
one years of age and upwards and not entered upon the
electoral roll of any other church in the Diocese. No
candidate may be elected who has not previously consented
to serve. The number may be altered from time to time
by a resolution passed at an annual church meeting of
the church concerned but so that the alteration shall not
take effect till the year following the date at which it is
made;





REGULATIONS FOR CHURCH COUNCILs-cont.

(d)co-opted members if the church council concerned so decides
not exceeding in number one-fifth of the elected lay repre-
sentatives and being either in holy orders or actual lay
communicant members of the Church of England of either
sex and of twenty-one years of age and upwards.
3. The election of lay representatives to the church council
shall take place at the annual church meeting of the church con-
cerned.
4. Lay representatives and co-opted members shall continue
in office until the next annual church meeting unless in the mean-
while they vacate office by death, absence for six months, incapacity
to act or resignation.

5. In the event of death, absence for a period of six months,
incapacity to 'act or resignation of any lay representative or co-
opted member on a church council the remaining members may
appoint some other qualified person to act in his or her place
until the next annual church meeting.

6. Meetings of church councils shall be in accordance with
the rules of procedure set forth in the Appendix hereto.

7. Every church council shall appoint a secretary and
treasurer as provided for in the rules of procedure.

8. In addition to the powers conferred by the Church of
England Trust Ordinance, each church council shall have power-
(a)to frame an annual budget of moneys required for the
maintenance of the work of the church for which it is
appointed and otherwise, and to take such steps as it
thinks necessary for raising, collecting and allocating such
Toneys;
(b) jointly with the incumbent to determine the objects to
which all moneys to be given or collected in the church
shall be allocated, subject to the directions contained in
the Book of Common Prayer as to the disposal of money
given at the offertory, and to determine the mode of
collection of all donations and the fees to be taken for
marriages, burials and other services;
(c) jointly with the incumbent to appoint and dismiss and (if
so authorized by the trustees in their letters of delega-
tion) to pay the salaries of assistant chaplains, organists
and subordinate officials, and to determine the conditions
of the tenure of their offices or of their employrnent:
Provided that no appointment or dismissal of a clergyman
shall be valid unless approved in writing by the Bishop;
(d)to make representation to the Bishop with regard to any
matter affecting the welfare of the church concerned;
(e)to make regulations regarding all or any of the following
matters-
(i) holding of meetings of the church council and the
conduct of business thereat;
(ii) keeping of accounts of moneys received and
expended by the church councils;
(iii) all other matters relating to the affairs of the
church council: Provided that no regulation shall be valid
until it has been approved by an annual or special church
meeting: And provided that no regulation shall be incon-






REGULATIONS FOR CHURCH COUNCILs-cont.

sistent with the provisions of the Church of England Trust
Ordinance, or with any regulation made thereunder by the
trustees.
9. Every church council shall furnish to the annual church
meeting as provided for in regulation 17 an account made up to
the 31st December in the year immediately preceding such meeting
setting out the incol and expenditure of the church council during
the year together with a statement of the funds and property,
if any, remaining in its hands at the date of the account. Such
account and statement having been duly audited shall together
with a report upon the fabric, goods and ornaments of the church
be submitted for approval at such meeting or at any adjournment
thereof and the said account, statement and report if approved
shall be signed by the chairman of the meeting and shall be
forthwith published and affixed on or near the principal door of
the church and any other conspicuous place or places in the parish
at the discretion of the church council. A copy of the account,
statement and report shall be furnished by the church council to
the trustees.
10. Every church council shall cause to be kept proper books
of registry of all baptisms and marriages solemnized in the church
and of all burials performed by the clergy.

11. Every church council shall provide a fire-proof safe for the
safe custody of all books of registry belonging to the church.

12, Every church council shall provide and keep up to date
an inventory of all church property for which it may be respon-
sible.
13. A church council may, if so authorized by the trustees
in the letter of delegation, and in accordance with any regulations
laid down by the Bishop, permit the erection or order the removal
of any monument, tablet or other memorial in the church or in
the precincts thereof, but no such monument, tablet or other
memorial shall be erected or removed without the previous written
consent of the Bishop.
14. A church council may, if so authorized by the trustees
in the letter of delegation, make alterations in the church or its
furniture, and may add to or renew ornaments to or in the church,
but no such alteration, addition or renewal shall be made without
the previous written consent of the Bishop.
15. (1) If any difficulty arises with respect to the conduct of
any church council for which provision is not made in the Church
of England Trust Ordinance, or in the regulations, or in the event
of a church council and an incumbent being unable to agree as
to any matter in which their joint action is required, the Bishop
may give such directions as may appear to him to be necessary.
(2) On representation being made to the Bishop by a majority
of the lay members of a church council or by one-tenth of the
electors on the electoral roll, and if such representation is deemed
by the Bishop to show sufficient cause for the same, the Bishop
shall convene a special meeting of the church council or church
meeting, and shall either take the chair himself or appoint a
chairman to preside at such meeting.

Electoral roll.
16. (1) A roll of electors shall be formed by every church
council on which persons claiming to be qualified electors in the





REGULATIONS FOR CHURCH COUNCILS-COnt.

church concerned shall if their claim is allowed be entered and
they shall remain on the roll as long as their title to be qualified
electors in the church concerned continues.
(2) The initial rolls shall be formed by the Dean for the
Cathedral and the Vicar of Saint Andrew's Church, Kowloon ' for
Saint Andrew's Church, Kowloon, and in the case of other churches
by the respective incumbents.
(3) Each roll shall be kept and revised by the church council
concerned when it is constituted. It shall be annually revised not
less than twenty-eight days before the annual chdreh meeting.
Notice of such revision shall be affixed at the place or places
hereinafter prescribed with respect to notice convening the said
annual church meeting fourteen days at least before such revision
takes place.
(4) The roll shall be published by being affixed at or near the
principal door of the church concerned in such manner as the
church council (or in the case of an initial roll, as the incumbent)
shall appoint and except in the case of the initial roll shall be
open for the enrolment of new voters continuously up to fourteen
days before the annual church meeting.
(5) Qualified electors are persons of either sex of eighteen
years and upwards who-
(a)are baptized and are members of the Church of England
or a Church in communion therewith; and
(b)do not belong to any religious body which is not in coni-
munion with the Church of England; and
(c)pre not entered upon the electoral roll of any other church
in the Diocese; and
(d) have signed the declaration set forth hereunder.
I,
being a worshipper at [name of church]
declare that I have attained the age of eighteen years and reside at
and ant a member of the Church of England or a Church in
communion therewith and do not belong to any religious body which
is not in communion with the Church of England and that I am not
entered upon the electoral roll of any other church in the Diocese.
Dated this day of 19
(Signed) ...........................................
(6) The number of qualified persons on the electoral roll shall
be reported each year to the Bishop or his commissary within
one month after the annual church meeting.

Annual church meeting.
17. (1) There shall be held annually in connexion with each
church before 15th February the annual church meeting of qualified
and duly enrolled electors-
(a)for electing representatives to the board of the trustees
of the Church of England in the Diocese of Victoria, Hong
Kong;
(b) for electing the church council;
(c) for electing representatives to the Diocesan Conference;
(d) for electing sidesmen;
(e) for electing an auditor;
(f) forreceiving from the church council and considering-
(i) a copy or copies of the electoral roll;
(ii) an annual report on its proceedings;
(iii) a statement of the financial a*Tairs of the church;
(g) for the transaction of any other business connected with
the affairs of the church.





REGULATIONS FOR CHURCH COUNCILS-COnt.

(2) All the above matters shall be open to free discussion
and before the report is proposed for adoption and it shall be
open to any member of the meeting to ask any question about
church matters or bring about a discussion of any matter of general
church interest by moving a general resolution or by moving to
give any particular recommendation to the church council in the
fulfilment of its duties. The meeting shall have power to adjourn
and to determine its own time of meeting and rules of procedure.

(3) The meeting shall be convened by the incumbent or clergy-
man in charge by notice (in the form hereafter set forth) affixed
at or near the principal door of the church for a period including
the two Sundays immediately preceding the day of the meeting.
The meeting shall be held in such place at such date and hour
as shall be directed by the church council or in the absence of
such direction as shall be fixed by the incumbent or clergyman
in charge.

Form of notce.
Notice is hereby given that the annual church meeting of the
church will be held at
on day the day of '19
at o'clock in the noon for the purposes
following, namely-
(a) the election of representatives to the board of the trustees
of the Church of England in the Diocese of Victoria,
Hong Kong;
(b) the election of the chureh council;
(c) the election of representatives to the Diocesan Conference;
(d) the election of sidesmen;
(e) the election of an auditor;
(f) the receiving front the church council and considering-
(i) a copy or copies of the electoral roll;
(ii) an annual report on its proceedings;
(iii) a statement of the financial affairs of the church;
(g)the transacting of any other business connected with the
affairs of the church.
Dated this day of '19
.....................
Incumbent.

(4) Fifteen electors shall be a quorum at the annual or a
special church meeting of Saint John's Cathedral Church, of Saint
Andrew's Church, Kowloon, or of any other church that comes
within the provisions of the Church of England Trust Ordinance.
(5) The incumbent or clergyman in charge shall be the chair-
man of the meeting if present and if not a chairman shall be
chosen by and from the electors present who shall preside at the
meeting but no clerical chairman shall have a vote (except a casting
vote) in the election of the church council.
(6)(a) The candidates must either previously to the meeting
by written notice to the convenor thereof or at the meeting
be nominated by one elector and seconded by another.
(b)If more candidates are nominated than there are seats to
be filled the election shall take place at the meeting unless
a poll is demanded by at least three of the voters present
at the meeting.
(c)At every election each elector on the roll shall have as
many votes as there are persons to be elected but may
not give more than one vote to any one candidate.





REGULATIONS FOR CHURCH COUNCILS-cont.

(d)Where an equality of votes renders a casting vote neces-
sary to decide the election it shall be given by the person
presiding over the election.
(e) The result of an election shall be forthwith announced by
the person presiding over the election and a notice of the
result shall be affixed at or near the principal door of the
church and the notice shall be left so affixed for not less
than fourteen days following the date of election.

Appeals.

18. Any appeal against the allowance or disallowance of enrol-
ment on the electoral roll or of a vote or against the report of
the result of the election shall be made in writing to the incumbent
within seven days after the date of publication of such allowance
or disallowance or the publication of such result as the case may
be. A commission shall be constituted by the church council and
any appeal shall be considered and decided by such two or more
members of the commission as the commission shall appoint and
their decision shall be final.

APPENDIX. [regs. G, 8.]

Rules of procedure for church councils.
1. Every church council shall hold not less than four
in each year. Meetings shall be convened by the chairman and
if not more than four meetings are held they shall be at quarterly
intervals as far as possible.
2. The chairman may at any time convene a meeting of the
church council. If he refuses or neglects to do so within seven
days after a requisition for that purpose signed by not less than
one-third of the members of the church council has been presen-led
to him those mernbers may forthwith convene a meeting.
3. Except as provided in rule 7, at least ten clear days
before any meeting of a church council notice thereof
the time and place of the intended meeting, and signed by or
on behalf of the chairman of the church council or the persons
convening the meeting, shall be posted at or near the principal
door of the church.
4. Notices of motion may be sent in writing to the secretary
by any member of the church council at any time. Not less than
seven days before the meeting a notice thereof specifying the
time and place of the meeting signed by or on behalf of the
secretary shall be sent to every member of the church council.
Such notice shall contain the agenda of the meeting including any
motion ot which notice has been receive by the secretary.
5. No business shall be transacted at any meetin g of a
church council unless at least one-third of the full number of
members are present thereat, and no business which is not specified
in the agenda shall be transacted at any meeting except by the
consent of three-quarters of the members present at the meeting.
6. The business of a meeting of a church council shall be
transacted in the order set forth in the agenda unless the church
council by resolution otherwise determines.





REGULATIONS FOR CHURCH COUNCILS-cOnt.

Rules of procedure-cont.

7. In case of sudden emergency and other special circum-
stances requiring immediate action by a church council a meeting
may be convened by the chairman at not less than three days'
notice in writing to the members of the church council concerned
but the quorum for the transaction of any business at such meeting
shall be a majority of the then existing members of the church
council concerned and no business shall be transacted at such
meeting except such as is specified in the notice convening the
meeting,

8. The meetings of a church council shall be held at such
place as the church council may direct or in the absence of such
direction as, the chairman may direct.

9. Subject to the foregoing rules any motion proposed by any
member of a church council present at a meeting shall be sub-
mitted to the meeting and shall be decided by a majority of
votes of the members present and voting thereon.
10. In case of an equal division of votes the chairman ol the
meeting shall have a second or casting vote.

11. The names of the members present at any meeting of a
church council shall be recorded in the minutes, and the names
of those voting on each question on which a division is taken if
the members composing either the majority or the minority so
require shall be recorded so as to show how the vote of each
member was given: Provided nevertheless that the vote on any
question shall be by ballot if the meeting so decides.
12. Any meeting of a church council may adjourn its proceed-
ings to such time as may be determined at such meeting and to
any place authorized under rule 8.

13. A church council may appoint one of its number to act
as secretary of the church council without remuneration. If no
member is appointed so to act the church council shall appoint
some other fit person with such remuneration (if my) as it may
think fit. The secretary shall have charge of the electoral roll
and of all documents relating to current business of the church
council. He shall be responsible for keeping. the minutes and shall
record all resolutions passed by the church council and shall keep
the secretary of the Diocesan Conference infoyined as to his
address.
14. A church council shall appoint one or more of its number
to act as treasurer solely or jointly without remuneration.
15. A church council may appoint committees for the purposes
of the various branches of church work in the district and may
include therein persons who are not members of the church council.
The incumbent shall be a member of all commitees ex officio.

16. Any question arising on the interpretation of these rules
shall be referred to the Bishop and any decision given by him
or by any person appointed by him oil his behaif shall be final.
Originally 2 of 1930. Fraser 2 of 1930. Preamble. (5 of 1899.) (16 of 1904.) Short title. Interpretation. Constitution of the trustees; commissary; [s. 3 cont.] 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 cont.] Saint Andrew's Church Kowloon; furniture and effects; Saint John's Cathedral Hall endowment fund; other property: memorials. Delegation of powers to church councils. [s. 7 cont.] 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. [s. 9 cont.] Church councils of Saint John's Cathedral and of Saint Andrew's Church. Application of Ordinance. Right of visitation. Bishop's right to use Cathedral. Right of troops to use of Cathedral Church on payment of certain sum. Government grant for services at prisons and Government hospitals. Power to erect memorials; power to remove ruinous memorial, etc.; [s. 16 cont.] alterations. Saving of the Chater Endowment Funds. Saving. Regulations-Fraser, vol. 3, p. 1077. Regulations-Fraser, vol. 3, p. 1078. Meaning of expression 'church councils' (Cap. 277.) Constitution of church councils. Election of lay representatives. Duration of office of lay representatives and co-opted members. Filling up of casual vacancies among lay representatives or co-opted members. Meetings of church councils. Appendix. Secretary and treasurer for church councils. Powers of church councils. (Cap. 277.) (Cap. 277.) Church councils to keep accounts. Keeping of registers of baptisms, marriages and burials. Provision of safe for books. Provision of inventory. Erection or monuments. Alterations in church or furniture. Powers of the Bishop. (Cap. 277.) Electoral roll. Annual church meeting: discussion: convening of annual church meeting and form of notice therefor; quorum; (cap. 277.) chairman; elections. Appeals. Meetings of church council. Power to call meetings. Notice of meeting. Notice of motion. Quorum and agenda. Order of business. Short notice for emergency meetings. Place of meeting. Vote of majority to decide. Casting vote. Minutes. Adjournments. Secretary of council. Treasurer of council. Power to appoint committees. Interpretation.

Originally 2 of 1930. Fraser 2 of 1930. Preamble. (5 of 1899.) (16 of 1904.) Short title. Interpretation. Constitution of the trustees; commissary; [s. 3 cont.] 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 cont.] Saint Andrew's Church Kowloon; furniture and effects; Saint John's Cathedral Hall endowment fund; other property: memorials. Delegation of powers to church councils. [s. 7 cont.] 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. [s. 9 cont.] Church councils of Saint John's Cathedral and of Saint Andrew's Church. Application of Ordinance. Right of visitation. Bishop's right to use Cathedral. Right of troops to use of Cathedral Church on payment of certain sum. Government grant for services at prisons and Government hospitals. Power to erect memorials; power to remove ruinous memorial, etc.; [s. 16 cont.] alterations. Saving of the Chater Endowment Funds. Saving. Regulations-Fraser, vol. 3, p. 1077. Regulations-Fraser, vol. 3, p. 1078. Meaning of expression 'church councils' (Cap. 277.) Constitution of church councils. Election of lay representatives. Duration of office of lay representatives and co-opted members. Filling up of casual vacancies among lay representatives or co-opted members. Meetings of church councils. Appendix. Secretary and treasurer for church councils. Powers of church councils. (Cap. 277.) (Cap. 277.) Church councils to keep accounts. Keeping of registers of baptisms, marriages and burials. Provision of safe for books. Provision of inventory. Erection or monuments. Alterations in church or furniture. Powers of the Bishop. (Cap. 277.) Electoral roll. Annual church meeting: discussion: convening of annual church meeting and form of notice therefor; quorum; (cap. 277.) chairman; elections. Appeals. Meetings of church council. Power to call meetings. Notice of meeting. Notice of motion. Quorum and agenda. Order of business. Short notice for emergency meetings. Place of meeting. Vote of majority to decide. Casting vote. Minutes. Adjournments. Secretary of council. Treasurer of council. Power to appoint committees. Interpretation.

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