TUNG WAH HOSPITAL ORDINANCE

TUNG WAH HOSPITAL ORDINANCE

CHAPTER 317.

TUNG WAH HOSPITAL.

To make certaiib provisions relatiibg to the corporation nained
The Tung Wah Hospital.

[12th December, 1930.]

1. This Ordinance may be cited as the Tung Wah
Hospital Ordinance.

2. In this Ordinance-
'constitution' means the constitution of the corporation
created by virtue of the provisions of the Tung Wa
Hospital Incorporation Ordinance, 1870, and continued
by this Ordinance, as such constitution is approved
from time to time by the directors for the time being of
the said corporation, subject to the provisions of this
Ordinance relating to any matter expressly dealt with
in this Ordinance;
'society' includes a company, institution, firm, guild or
other association of persons by whatever name called.

3. (1) Notwithstanding the repeal of The Tung Wa
Hospital Incorporation Ordinance, i87o, the corporation
created by virtue of the provisions of that Ordinance, herein-
after called the corporation, shall continue to exist under the
narne of 'The Tung Wah Hospital' and in that name shall
continue to have perpetual succession and in that name may
sue and be sued in all courts in the Colony and may con-
tinue to have and use a common seal.

(2) Whereas difficulties have arisen with regard to the
ascertainment of the members of the corporation, it is hereby
enacted as follows-
(a)every person who has at any time acted or purported
to act as a director of the corporation shall be deemed
to have been a member of the corporation during
his term of office;
(b)every such person still surviving at the commence-
ment of this Ordinance shall continue during his
lifetime to be a member of the corporation;
(c)every person who is hereafter duly elected a director
of the corporation shall be deemed to be a member
of the corporation during his lifetime;





every person who or society which subscribes a sum
of at least ten dollars to the funds of the corporation,
or satisfies the directors for the time being that he
or it has at any time subscribed a sum of at leasi
ten dollars to the funds of the corporation, and whose
name is entered in a register of members hereaftet
to be kept by the corporation, shall be a member
of the corporation during the lifetime of such person
or during the existence of such society as the case
may be;
(c)nothing in this subsection shall be deemed to affect
the rights of any person who may be able to prove
that he is a member of the corporation by virtue
of the provisions of section 2 of the Tung Wa
Hospital Incorporation Ordinance, 1870.

4. The objects of the corporation shall be as follows-
(a)the maintenance, chiefly as a free hospital, of the
hospital which was contemplated by the Tung Wa
Hospital Incorporation Ordinance, 1870, and which
is known as the Tung Wah Hospital;
(b)the maintenance, chiefly as a free hospital, of the
hospital which was contemplated by the Tung Wa
Hospital Extension Ordinance, 1870, and which is
known as the Tung Wah Infectious Diseases
Hospital ;
(c)the maintenance, chiefly as a free hospital, of the
creneral hospital which was contemplated by the
Tung Wa Hospital Extension Ordinance, 1911, and
which is known as the Kwong Wah Hospital;
(d)the maintenance, chiefly as a free hospital, of the
hospital on Inland Lot No. 2686 and known as the
Ting Wah Eastern Hospital.
(e) the management of the Yee Chong mortuary and
the Wing Pit Ting farewell pavilion
the management of the Man Mo Temple Fund in
accordance with the provisions of the Man Mo
Temple Ordinance ;
the payment of passages for Chinese destitutes and
patients, the burial and reburial of Chinese, the
collection and administration of funds for the relief
of any special distress among the Chinese com-





munity of the Colony, and the promotion, execution,
assistance or maintenance of any other charitable
work among the Chinese community of the Colony;
(h)the promotion, execution, assistance or maintenance
of any charitable work among Chinese outside the
Colony which has been previously approved by the
Secretary for Chinese Affairs.

5. (1) The corporation shall have power to acquire,
accept leases of, purchase, take, hold and enjoy any lands,
buildings, messuages or tenements of what nature or kind
soever and wheresoever situated, and also to invest moneys
upon mortgage of any lands, buildings, messuages or tene-
ments or upon the mortgages, debentures, stocks, funds,
shares or securities of any corporation or company, and
also to purchase, acquire and possess vessels and other goods
and chattels of what nature and kind soever.

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

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

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

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





(6) In any transaction for which the consent in writing
of the Governor is required by the provisions of subsection
(2) the signature of the Governor indorsed on the document
or documents by means of which the transaction is effected
shall be sufficient evidence that such consent was given.

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

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

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

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





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

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

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

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

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

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

(4) The directors elected for any one year shall simul-
tancously cease to be directors at the end of the 31st day
of December in that year, except as regards any director
who has by reason of death or resignation ceased to be a





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

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

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

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

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

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

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

(3) Immediately after the election of the second prin-
cipal director the directors designate shall proceed to elect
one of their number to be the third principal director.

(4) The chairman of the Tung Wah Hospital for the
previous year, or the person entitled to preside in his





absence, shall preside the three elections referred to in
this section.

(5) In the event of two or more directors designate
being returned at the head of the poll with an equality of
votes at any election under this section there shall be a new
vote, or if necessary a series of new votes, to determine
which of such directors shall be elected.
(6) In the event of the death, resignation, incapacity
or absence of the chairman at any time, the second prill-
cipal director shall act as chairman and shall have all the
powers and duties of the chairman, and in the event of the
death, resignation, incapacity or absence of the second
principal director so acting, the third principal director shall
act as chairman and shall have all the powers and duties
of the chairman.

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

1C. Subject to any specific instructions given by the
members of the corporation at a general meeting of the
members of the corporation, the directors for the time being
may exercise any of the powers and rights conferred on or
acquired by the corporation and may perform any of the.
obligations and duties imposed on or assumed by the cor-
poration, and such exercise of any such power or right, and
any such performance of any such obligation or duty, shall
bind the corporation.

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

(2) The board shall consist of not rnore than fifteen
persons, four of whom shall be nominated annually by the
directors of the previous year and shall hold office for one
year, and the remainder of whom shall be appointed by the
Governor for such period or periods, and upon Such ternis,
as he thinks fit.





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

(4) The advice of the advisory board shall be given
at a joint meeting of the directors and the advisory board.
Such joint meeting shall be called by the chairman of the
directors-
(a)when the directors desire the advice of the advisory
board;
(b)whenever the advisory board give the chairman
notice in writing that they desire to discuss with
the directors any specified matter affecting the cor-
poration or its administration.

The chairman shall give the directors and the members
of the advisory board at 1CaSt four clear days' notice in
writing of any such joint meeting.

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

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

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

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

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

(3) The chairman for each year shall within six
months after the expiration of his term of office send to the
Colonial Secretary a statement signed by two of the directors
and containing the following particulars-





(a)an account of the assets and liablities of the cor-
poration, made up to the end of the previous year;
(b)an account of the receipts and disbursements of the
corporation during the previous year;
(c) a report on the administration of the corporation
during the previous year.
A copy of the said statement shall within the said period
of six months be sent to every director for the Current year,
to every director for the preceding year, to every society
which by the constitution is entitled to nominate a person
for appointment as director and to every member of the
advisory board.

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

16. Nothing in this Ordinance shall affect or be deenied
to affect the rights of His Majesty the King, His Heirs or
Successors, or the rights of ally 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.

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

1. Inland Lot No. 835.14. The Remaining Portion of
2. Inland Lot No. 1440. Inland Lot No. 1208.
3. Inland Lot No. 1758.15. Inland Lot No. 1209.
4. Inland Lot No. 361.16. Section A of Inland Lot No.
5. Inland Lot No. 1082. 865.
6. Inland Lot No. 1613.17. Inland Lot No. 866.
7. Inland Lot No. 952.18. The Remaining Portion of
8. Inland Lot No. 2686. Inland Lot No. 697.
9. Inland Lot No. 1637.19. Section A of Inland Lot No.
10. Inland Lot No. 1572. 13.
11. Section A of Inland Lot No.
1208. 20. Inland Lot No. 1158.
12. Section B of Inland Lot No.21. Marine Lot No. 351.
1208. 22.Inland Lot No. 1866.
13. Section C of inland Lot No. 23. The Remaining Portion of
1208. InlandLot No. 560.





24. The Remaining Portion of 35. Section A of Inland Lot No.
Inland Lot No. 561. 853.
25. Inland Lot No. 562. 36. Inland Lot No. 854.
26. Inland Lot No. 764. 37. Section K of Marine Lot No.
27. Inland Lot No. 1707. 140.
28. Inland Lot No. 1842. 38.Subsection 1 of section A of
29. Kowloon Inland Lot No. Inland Lot No. 381.
1213. 39. The Remaining Portion of
30. Inland Lot No. 2210. Inland Lot No. 382.
31. Section P of Inland Lot No. 40. Lots Nos. 582 and 583 in
1274. Survey District No. I.
312. Section A of Inland Lot No. 41. Section A of subsection 1 of
1274. section B of Inland Lot
33. Section B of Inland Lot No. No. 1135.
1275. 42. Kowloon Inland Lot No. 878.
34. The Remaining Portion of
Inland Lot No. 1275.

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

1. Inland Lot No. 396. 3. Inland Lot No. 338.
2. Inland Lot No. 1795.
Originally 31 of 1930. Fraser 31 of 1930. Short title. Interpretation. (1 of 1870.) Continued existence of the corporation created by Ordinance No. 1 of 1870 and membership thereof. (1 of 1870.) Objects of the corporation. (1 of 1870.) (1 of 1900) (38 of 1911.) (Cap. 154.) [s. 4 cont.] Powers of the corporation. execution of documents. Vesting of property. First Schedule. [s. 7 cont.] Second Schedule. (Cap. 154.) (1 of 1870.) Election of directors. Election of chairman and other principal directors. [s. 9 cont.] Powers of directors. Advisory board. Quorum and majority decision. Inspection of hospitals and buildings. Accounts. [s. 14 cont.] Validation. (1 of 1870.) Saving.

Originally 31 of 1930. Fraser 31 of 1930. Short title. Interpretation. (1 of 1870.) Continued existence of the corporation created by Ordinance No. 1 of 1870 and membership thereof. (1 of 1870.) Objects of the corporation. (1 of 1870.) (1 of 1900) (38 of 1911.) (Cap. 154.) [s. 4 cont.] Powers of the corporation. execution of documents. Vesting of property. First Schedule. [s. 7 cont.] Second Schedule. (Cap. 154.) (1 of 1870.) Election of directors. Election of chairman and other principal directors. [s. 9 cont.] Powers of directors. Advisory board. Quorum and majority decision. Inspection of hospitals and buildings. Accounts. [s. 14 cont.] Validation. (1 of 1870.) Saving.

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