SAILORS HOME AND MISSIONS TO SEAMEN INCORPORATION ORDINANCE

SAILORS HOME AND MISSIONS TO SEAMEN INCORPORATION ORDINANCE

CHAPTER 308.

SAILORS HOME AND MISSIONS TO SEAMEN
INCORPORATION.
To Provide for the incorporation, of the Sailors Home and
Missions to Seamen.
[8th August, 1930.]
1 . This Ordinance may be cited as the Sailors Home
Missions to Seamen Incorporation Ordinance.

2. (1) The committee for the time being of the
Sailors Home and Missions to Seamen shall be a body
corporate, hereinafter called the corporation, and shall have.
the corporate name, 'The Sailors Home and Missions to
Seamen' and in that name shall have perpetual succession
and shall and may sue and be sued in all courts in the
Colony and shall and may have and use a common seal.
(2) The committee shall be composed of the follow-
ing
(a)the Bishop of the Church of England known as
the Bishop of Victoria, for the time being
officiating in the Colony;
(b)the person for the time being performing the duties
of Director of Marine;
(c)the person for the time being in charge of the
business of jardine, Matheson & Company Limited,
in Hong Kong ;
(d)two persons who shall be nominated by The Hong
Kong General Chamber of Commerce with power
to such Chamber to fill up any vacancy occurring
in any of such nominees from time to time.;
(e)two persons nominated by The Missions to Seamen
in London with power to the same body to fill up
any vacancy occurring in any of such nominees
from time to time;
(f) a representative of His Majesty's Navy appointed
by the aforesaid members of the committee;
(g)such other persons, one of whom must be the
honorary treasurer of the corporation, not exceed-
ing at any one time four in number as may from
time to time be co-opted by the other members of
the committee, with power to the committee to fill





up any vacancy occurring from time to time in the
co-opted members.

(3) The committee shall have such powers and duties
and shall hold such meetings as are specified in this Ordin-
ance and in the regulations made thereunder.

3. (1) For the purposes of the nomination mentioned
in paragraphs (d) and (e) of subsection (2) Of Section 2
a copy of a minute purporting to be a copy of a minute
of the committee of The Hong Kong General Chamber of
Commerce and a copy of a minute purporting to be a copy
of a minute of the committee of The Missions to Seamen
in London respectively that a person has been nominated
a member of the committee shall be sufficient.

(2) The certificate of the Coionial Secretary that any
person was at the date of the certificate or had been at
sorne previous specified date a member of the committee
shall for all purposes be conclusise evidence of that fact.

4. (1) The corporation shall carry on the work and
objects heretofore carried on both by the trustees of the
Sailors Home and by The Missions to Searnen in Hong
Kong, which, as regards the trustees of the Sailors Home.
are the care of officers and men of the Mercantile Marine
irrespective of their religion and also the provision of a
suitable institute or home for the seafaring classes and
officers and men aforesaid, and is regards The Missions to
Seamen in Hong Kong are the provision of an institute
for and the spiritual welfare of the seafaring classes and
in pursuance of such work and objects the use of every
means consistent with the principles and accepted practice
of the Church of England; and the corporation shall con-
tinue to carry on such work and objects.

(2) The corporation shall have power to acquire, accept
and grant leases of, take, hold and enjoy any lands, build-
ings, messuages or tenements of what kind or nature soever
and wheresoever situate, and also to invest moneys upon
mortgage of any lands, buildings, messuages or tenements-
or upon the mortgages, debentures, stocks, funds, shares
or securities of any government, municipality, corporation
or company, and also to purchase, acquire and possess
vessels and other goods and chattels of whatsoever kind or
nature.





(3) The corporation shall further have power by deed
under its seal to grant, sell, convey, assign, surrender,
exchange, partition, yield up, mortgage, pledge, demise,
reassign, transfer or otherwise dispose of any lands, build-
ings, messuages, tenements, mortgages, debentures, stocks,
funds, shares or securities, or other goods and chattels,
which are for the time being vested in or belonging to the
corporation, upon such terms as to the corporation may
seem fit.

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

6. (1) All property and effects at the time of the
coming into operation of this Ordinance belonging to wid
vested in The Trustees of the Sailors Home and The
Missions to Seamen in Hong Kong respectively as respec-
tively incorporated by the Sailors Honie Ordinance, 1925
and by The Missions to Seamen in Hong Kong Incor-
poration Ordinance, 1919, shall at the time of the coming
into operation of this Ordinance, be transferred to and be
and become vested in the corporation.

(2) On the coming into operation of this Ordinance
the corporation shall becorne liable for all debts and
liabilities of The Trustees of the Sailors Home and Missions
to Seamen in Hong Kong.

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

(2) Subject to the exercise of the above powers the
regulations contained in the Schedule hereto shall be deemed
have been made under this Ordinance.





8. Nothing in this Ordinance shall affect or be deemed
to affectthe 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 thein
9. Nothiing in this Ordinance shall affect or be deemed
to affect the Chater Allissions to Seamen Endowment Fund
save that the coi ation sliall be substitute for The Mis-
sions to Seamen in Flong Kong. mentioned in clause 4 of
the deed of trust dated the 4th day of May, 1923.

SCHEDULE. [s. 7.]

REGULATIONS.

1. In these regulations-
'committee' means the committee incorporated under this Ordin-
ance as 'The Sailors Home and Missions to Searnen';
'institute' means the premises used by the corporation in con-
nexion with its work.

The committee.
2. The supreme control and management of the institute and
of the premises and property of whatever description of the cor-
poration shall be vested in the committee.
3. General meetings of the committee shall be held in the
months of February, April, July and October in each year on
such day at such hour as the committee shall direct.
4. The general meeting to be held in the month of February
in each year shall be called the annual general meeting and at
such meeting a report of all the affairs of the corporation and
an account of the receipts, expenditure and property of the cor-
poration together with a balance sheet for the last year shall
be presented by the honorary treasurer and the chartered account-
ants (hereinafter referred to) and there shall be elected a chairman,
an honorary treasurer, chartered accountants and auditors for the
ensuing year. At such annual general meeting such other business
shall be transacted as may be necessary.
5. Special meetings of the committee may be convened at
any time on the requisition of not less than four members thereof
by a notice specifying the object of the meeting and at any special
meeting convened on such requisition no business shall be trinsacted
other than that specified in the requisition.





6. General or special meetings of the committee shall be
convened (subject to regulation 5) by direction of the chairman
of the committee, and seven days' notice in writing thereof shall
be given to the members of the committee then within the Colony.
7. At every general or special meeting of the committee the
chair shall be taken by a chairman to be nominated by the members
of the committee present of whom four shall be a quorum.
8. The business manager (as hereinafter defined) shall keep
a minute book of such meetings, and proper entries shall be made
therein of all business transacted at every meeting.
9. The voting. at and resolution of general or special meetings
of the committee shall be decided by show of hands.

Management.
10. The chaplain shall be in sole charge of the religious
activities of the institute and shall care for and attend to all social
arrangements and functions and to the visitation of ships and
hospitals and he shall also be in charge of the launch 'Dayspring'
and of her crew and Of any other launch from time to time owned
or chartered by the corporation for its purposes.
11. There shall be a business manager who shall subject to
the control of the committee be entrusted with the upkeep and
repair of the buildings, furniture and fittings of the institute, the
management of all catering and messing arrangements and the
secretarial and office work. He shall also be entitled to go on
board all mercantile shipping and shall make any necessary hos-
pital arrangements in connexion with seafarers.'
12. Any chaplain subsequent to the first chaplain shall be
appointed by The Missions to Seamen in London but such appoint-
ment, the period of such appointment and the terms of such
appointment shall be subject to the approval of the committee.
While in Hong Kong the chaplain shall be subject to the control
ol the committee and his stipend shall be paid out of the funds
of the corporation. The business manager shall be appointed by
the committee for such period, on such salary and on such terms
as the committee may in their discretion think desirable and shall
be paid out of the funds of the corporation. Captain F. Bayliss,
the late Superintendent of the Sailors Home, shall be Daid out
of the funds of the corporation a pension for life of three hundred
and fifty pounds per annum being the pension heretofore agreed
to be paid to him.
13. Neither the chaplain nor the business manager shall be
entitled to serve as a member of the committee or to vote at any
meetings thereof but they shall both attend every such meeting
unless the committee otherwise desires.
14. No alcoholic liquors shall be sold or consumed on the
premises of the institute.
15. The institute shall be open to all men of His Majesty's
Navy and to otricers and men of the Mercantile Marine irrespec-
tive of their religion. Either the chaplain or the business manager
shall have power to refuse to admit to and also power to expel
from the premises of the institute any person or persons whatever
for any reason which such chaplain or business manager may decide
ta be sufficient. Any person or persons aggrieved by any such
decision of the chaplain or of the business manager may refer
the matter to the committee for their decision which shall be final.

Religious services.
16. The chapel on the premises of the institute shall be used
for divine service and worship according to the rites and ceremonies
of the Church of England.





17. Such service shall be voluntary and the attendance thereat
of any person or persons using the institute shall not be compul-
sory.

Officers.
18. A firm of chartered accountants shall be appointed by the
committee at the annual general meeting to manage the financial
afrairs of the institute. Such firm shall be responsible for the
collection of all moneys due to the corporation and for the pay-
ment thercout of all necessary payments. Pending and subjejet to
any such appointment as aforesaid the firm of Messrs. Lowe,
Bingham and Matthews shall be the chartered accountants of the
institute. There shall also be an honorary treasurer of the cor-
poration appointed by the committee from time to time who shall
carry out such duties as may be delegated to him by the committee
and shall hold office until a successor to him is appointed.

Auditors.
19. There shall be one or more auditors of the corporation
who shall be elected annually at the annual general meeting.
Pending and subject to any such appointment Messrs. Lowe.
Bingham and Matthews shall be the auditors of the corporation.
20. The auditor or auditors shall not later than three weeks
before the annual general meeting in each year audit and report
upon all accounts and books of the corporation and shall at any
other time if and when required by the committee audit and report
upon any of such books and accounts.
21. All the accounts and books of the corporation shall be
open to inspection by the auditor or auditors at all reasonable
times.

Bankers.
22. The bankers of the corporation shall be The Hongkong
and Shanghai Banking Corporation or such other bankers as the
committee may from time to time determine.
23. All subscriptions and pecuniary donations and the income
of investments and all other moneys from time to time formingf
part of the general funds of the corporation shall on the same
being received be paid to the general accounts of the corporation
with its bankers.
24. All capital moneys shall be paid into a separate account
and shall be expended first on the cost of building the institute
and as to the balance towards forming an endowment fund which
shall be invested and controlled by the committee and used by
them in any way they think fit for the benefit of the institute.
25. Cheques shall be drawn on the order of the committee and
shall be signed by the chartered accountants and countersigned by
two members of the committee.

Investments.
26. All moneys standing to the credit of the endowment fund
shall be invested by the committee in the corporate name of the
corporation or in the names of its nominees in the investments
authorized in this Ordinance and any such investments from time
to time may be sold and the proceeds thereof invested in other
such investments as aforesaid as and when the committee may
direct.
Originally 8 of 1930. Fraser 8 of 1930. Short title. Incorporation. [s. 2 cont.] Appointment of members of committee. Powers of corporation. Execution of documents. Vesting of property. (5 of 1925 and 10 of 1919.) Power to make regulations. Schedule. Saving. Nothing herein to affect the Chater Missions to Seamen Endowment Fund save as herein provided.

Originally 8 of 1930. Fraser 8 of 1930. Short title. Incorporation. [s. 2 cont.] Appointment of members of committee. Powers of corporation. Execution of documents. Vesting of property. (5 of 1925 and 10 of 1919.) Power to make regulations. Schedule. Saving. Nothing herein to affect the Chater Missions to Seamen Endowment Fund save as herein provided.

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