CHINESE TEMPLES ORDINANCE

CHINESE TEMPLES ORDINANCE

LAWS OF HONG KONG

CHINESE TEMPLES ORDINANCE

CHAPTER 153





CHAPTER 153

CHINESE TEMPLES ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ..........................2

2. Interpretation ................................................................. 2
3. Regulations ..........................2

4. All Chinese temples to be in complete and separate buildings used for no other

purpose ................................................ 3
5. All Chinese temples to be registered . 3

6. No person to take part in the establishment of any unlawful Chinese temple, etc. 4

7. Revenues, etc., of all Chinese temples to be under the control of the Chinese

Temples Committee .................. 4

8. Application of revenues of Chinese temples 6
9. General Chinese Charities Fund .......7
10. Temple keeper .......................7
11. Power to delegate ...................7
12. Closing of temple which falls into disuse 7
13. Exempted Chinese temples ............8
14. Powers of search and seizure ........8

15. Penalty ......................................................................................................................
.............9

Schedule. Chinese temples exempted from the provisions of sections 3, 4,7, 8, 10 and 11 9





CHAPTER 153

CHINESE TEMPLES

To suppress and prevent abuses in the management of Chinese temples and in the
administration of the funds of Chinese temples.

[27 April 19281

Originally 7 of 1928, (Cap. 153, 1950) 31 of 1930, 5 of 1932, 7 of 1935, 33 of 1939, 20 of
1948, 22 of 1950, 24 of 1950, 26 of 1961, L.N. 22 of 1969, L.N. 15 of 1970, 50 of 1973, L.N.
67 of 1985, L.N. 68 of 1985, R. Ed. 1985, L.N. 262 of 1989, L.N. 263 of 1989

1. Short title

This Ordinance may be cited as the Chinese Temples Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise
requires'Chinese temple' includes

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

(b) every place where-

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

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

3. Regulations

(1) The Chinese Temples Committee referred to in section 7 may, subject to the
approval of the Governor in Council, by regulation provide for-

(a)the registration, management, control and inspection of Chinese
temples;

(b)the management, control and audit of the funds of Chinese temples;





(c) the duties of sz chuk temple keepers);

(d)contravention of such regulations which shall be offences and
prescribing penalties therefor: Provided that no penalty so prescribed
shall exceed a fine of $1,000.

(2) Nothing in this section shall be construed as obliging the Chinese Temples
Committee to make any regulation before exercising any other power conferred on
the committee by this Ordinance.

(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

4. AN Chinese temples to he in complete and separate

buildings used for no other purpose

(1) Subject to the provisions of subsections (2) and (3), no Chinese temple shall
be established or maintained unless it is in a building which is a complete and
separate building and which is erected and is used for the purpose of such temple
and for no other purpose.

(2) Notwithstanding anything in subsection (1), it shall be lawful for the
Chinese Temples Committee referred to in section 7 to exempt any Chinese temple
from the provisions of subsection (1). Any such exemption may be withdrawn at any
time by the Chinese Temples Committee upon such notice as to the said committee
may seem proper.

(3) If the Chinese Temples Committee refuses to grant any exemption applied for
under subsection (2), or withdraws any exemption granted under the said
subsection, it shall be lawful for the applicant, within 14 days from the date of such
refusal or withdrawal as the case may be, to appeal by petition to the Governor in
Council, and upon consideration of such petition and of any reply thereto submitted
in writing by the Chinese Temples Committee it shall be lawful for the Governor in
Council to allow or to dismiss the appeal, and if he allows the appeal the exemption
shall be granted, or the withdrawal of the exemption shall be cancelled, by the
Chinese Temples Committee, with retrospective effect in each case to the date of the
refusal or withdrawal as the case may be.

(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

5. All Chinese temples to he registered

(1) No Chinese temple shall be established or maintained unless it is registered
in accordance with the provisions of this Ordinance. (Amended 33 of 1939 Supp.
Schedule; G.N. 840 of 1940)

(2) Registration shall be effected at the office of the Secretary for Home Affairs
and the following particulars shall be supplied in order to effect

registration- (AmendedL.N. 262 of 1989)

If





(a) the name of the temple or intended temple;

(b)the address of the temple or intended temple, including the street or
road and lot number;

(c) the gods worshipped or intended to be worshipped;

(d)the nature or intended nature of the control of the temple, that is to
say, whether by'a committee or by a family or by an individual, and
the title of the committee or the name of the family or individual;

(e)the name and address of the sz chuk PIN, temple keeper), if any;
particulars of the funds, investments and properties held at the time
of registration and where, how and by whom those funds,
investments or properties are held;

(g)the application or intended application of the revenue of the temple,
including the revenue from funds, investments or property held or to
be held. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940;
L.N. 22 of 1969; L.N. 67 of 1985)

6.No person to take part in the establishment of any unlawful Chinese temple,
etc.

No person shall-

(a)take any part in the establishment or maintenance of any Chinese
temple established or maintained contrary to any of the provisions of
this Ordinance or of any regulation made thereunder; or

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

(c) derive any profit from the revenue of any such Chinese temple; or

(d)knowingly supply any false or inaccurate information for the
purposes of this Ordinance.

7.Revenues, etc., of all Chinese temples to be under
the control of the Chinese Temples Committee

(1) Notwithstanding anything in the Secretary for Home Affairs Incorporation
Ordinance (Cap. 1044), the revenues, funds, investments and properties of all
Chinese temples shall, subject to the provisions of section 8, be under the absolute
control of a committee which shall be known as the Chinese Temples Committee.
(Replaced 5 of 1932 s. 2. Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940;
26 of 1961 s. 2; L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)





(2) The Chinese Temples Committee shall consist of the following persons

(a)the Secretary for Home Affairs who shall be Chairman of the
Committee; (Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)

(b)1 member appointed by the Governor, who shall be a Chinese
unofficial member for the time being of the Urban Council; (Replaced 50
of 19 73 s. 2)

(c)the chairman for the time being of the Board of Directors of the Tung
Wah Group of Hospitals, or a director of the Board nominated by the
chairman as his representative;

(d)5 persons appointed by the Governor, who shall each hold office for a
period of 3 years, but who shall each be eligible for re-appointment
from time to time. (Added 26 of 1961 s. 2. Amended 50 of 1973 s. 2)

(3) The Chinese Temples Committee shall meet at such times and such places as
the Chairman may appoint, and at any meeting of the Committee 4 members shall
form a quorum. (Added26of1961s.2)

(4) All questions coming or arising before a meeting of the Chinese Temples
Committee shall be decided by a majority of the members of the Committee present
and voting thereon. (Added 26 of 1961 s. 2)

(5) The Chairman at any meeting of the Chinese Temples Committee shall have
an original vote and also, if upon any question the votes shall be equally divided, a
casting vote. (Added26of1961s.2)

(6) In order to make such control effective it shall be lawful for the Chinese
Temples Committee, without prejudice to any powers that the committee may
possess, to require any person other than the Secretary for Home Affairs
Incorporated, who may be in possession or control of, or in whom may be vested,
any property held on behalf of or for the purposes of any Chinese temple, to transfer
or assign any such property to the Secretary for Home Affairs Incorporated.
(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 15 of 1970; L.N. 68 of 1985;
L.N. 263 of 1989)

(7) Any such direction shall be signed by the Chairman of the Chinese Temples
Committee, and shall be served on the person required by the direction to transfer or
assign the property in question.

(8) If the person so served fails without lawful excuse to transfer or assign the
property forthwith he shall be deemed to have been guilty of a contravention of this
Ordinance.

(9) If the property in question is immovable property and the person in whom it
is vested fails without lawful excuse to comply with the direction of the Chinese
Temples Committee to assign the property to the Secretary for Home Affairs
Incorporated, or cannot be served, it shall be lawful for the High Court, upon the
hearing of an originating summons taken out by the Chairman of the





Chinese Temples Committee, to make an order vesting the said property in the
Secretary for Home Affairs Incorporated. Any such vesting order shall have the
same effect as a vesting order made under section 45 of the Trustee Ordinance
(Cap.29). (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 15 of 1970; L.N. 68
of 1985; L.N. 263 of 1989)

(10) If the property in question consists of stock as defined in the Trustee
Ordinance (Cap. 29), or is a chose in action, and the person by whom or in whose
name it is held or in whom the right to sue and recover it is vested fails without
lawful excuse to comply with the direction of the Chinese Temples Committee to
transfer the property to the Secretary for Home Affairs Incorporated, or cannot be
served, it shall be lawful for the High Court, upon the hearing of an originating
summons taken out by the Chairman of the Chinese Temples Committee, to make an
order vesting in the Secretary for Home Affairs Incorporated the right to transfer or
call for a transfer of the stock or to receive the dividends or income thereof or to sue
for or receive the chose in action, as the case may be. Any such vesting order shall
have the same effect as a vesting order made under section 52 of the Trustee
Ordinance (Cap. 29). (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 15 of
1970; L.N. 68 of 1985; L.N. 263 of 1989)

(11) If the property in question is of any other nature than is referred to in
subsections (9) and (10), and the person in whose possession or under whose
control the property is fails without lawful excuse to comply with the direction of the
Chinese Temples Committee to transfer the property to the Secretary for Home
Affairs Incorporated, or cannot be served, it shall be lawful for a magistrate to make
an order authorizing any police officer to take possession of the property, using such
force as may be necessary for the purpose, and to transfer it to the Secretary for
Home Affairs Incorporated. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N.
15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989)

(12) A certificate under the hand of the Chief Secretary shall be conclusive
evidence for all purposes as to whether any particular individual is, or was on any
specified date, a member of the Chinese Temples Committee.

8. Application of revenues of Chinese temples

(1) The revenues of all Chinese temples shall be applied in the first instance to
the due observance of the customary ceremonies and the maintenance of the temple
buildings and temple properties, and any surplus may be transferred to the General
Chinese Charities Fund referred to in section 9.

(2) It shall be in the discretion of the Chinese Temples Committee to decide
what are the customary ceremonies of any particular Chinese temple and what
amount may be spent on any particular authorized object and what surplus may be
transferred to the General Chinese Charities Fund.





9. General Chinese Charities Fund

(1) The General Chinese Charities Fund referred to in section 8 shall be held in
such manner as the Chinese Temples Committee may direct, and may in the
discretion of the Chinese Temples Committee be applied

(a)to the pay of the necessary staff and the other expenses incurred by
the Chinese Temples Committee in the exercise of its powers under
this Ordinance; and (Amended 33 of 1939 Supp. Schedule; G.N. 840 of
1940)

(b) for the purposes of any Chinese charity in the Colony.

(2) The Chinese Temples Committee may, subject to the approval of the
Governor in Council, direct the manner in which the accounts of the General Chinese
Charities Fund shall be kept and audited. (Replaced 26 of 1961 s. 3)

10. Temple keeper

(1) It shall be lawful for the Chinese Temples Committee to let by tender the
office of sz chuk A, temple keeper) of any temple.

(2) It shall be within the discretion of the Chinese Temples Committee to
determine the conditions of any tender, the manner in which tenders shall be called
for and the powers and obligations of any sz chuk.

(3) Any lump sum paid or any periodical payment made by any person in
respect of any tender by him for the office of sz chuk of any temple shall be deemed
to be part of the revenue of that temple.

(4) It shall also be lawful for the Chinese Temples Committee, without tender, to
appoint any person to the office of sz chuk of any temple.

(5) It shall be lawful for the Chinese Temples Committee to give to the sz chuk
of any Chinese temple, whether appointed by the Chinese Temples Committee or
not, 1 month's notice in writing terminating the tenure of his office, and upon the
expiration of the notice he shall be deemed to have vacated such office and
thereafter shall not act as sz chuk of that temple unless re-appointed by the Chinese
Temples Committee.

(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

11. Power to delegate

It shall be lawful for the Chinese Temples Committee to delegate to any person
the administration of any temple and of the revenues of such temple and to revoke
any such delegation.

(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

12. Closing of temple which falls into disuse

(1) If it appears to the Chinese Temples Committee that there is reason to
believe that any registered Chinese temple is falling or has fallen into disuse, or





that the funds and revenues of any registered Chinese temple are insufficient for its
maintenance, it shall be lawful for the committee to call, in such manner and at such
time and place as to the committee may seem fit, a meeting of such persons as may
appear to the committee to be interested in the matter, and to lay the facts before
such interested persons as may attend such meeting, and to ascertain their views.
(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

(2) If upon considering such views, if any, and all the circumstances of the case
it appears to the committee that sufficient support for the temple is not likely to be
forthcoming it shall be lawful for the committee to order the temple to be closed.
(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

(3) Notice of such order shall be posted up at the temple and shall if possible be
given to the person or persons by whom the temple is controlled or some of them.

(4) Upon the expiration of 1 month from the date upon which the notice is
posted up at the temple and whether the notice has remained so posted throughout
the said period or not, the temple shall be deemed to be an unregistered temple and if
it is maintained thereafter it shall be deemed to be maintained contrary to the
provisions of this Ordinance. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of
1940)

(5) Upon the posting up of such notice at the temple the Secretary for Home
Affairs Incorporated may take possession of all the property of the temple and may
sue for the recovery of any such property and may, with the consent of the Chinese
Temples Committee, sell or otherwise dispose of such property. (Amended L.N. 15 of
1970; L.N. 68 of 1985; L.N. 263 of 1989)

(6) The proceeds of any such sale shall, subject to any lawful claims, be
transferred to the General Chinese Charities Fund.

13. Exempted Chinese temples

(1) The Chinese temples specified in the Schedule, hereinafter referred to as
exempted Chinese temples, shall be exempt from the provisions of sections 3, 4, 7, 8,
10 and 11.

(2) No person shall make or attempt to make any public collection or any public
appeal or request for any exempted Chinese temple or for any object connected
therewith, except within the precincts of that temple. (Amended 33 of 1939 Supp.
Schedule; G.N. 840 of 1940)

(3) This Ordinance shall not apply to the Man Mo Temple.

(4) The Governor in Council may add to the Schedule.

14. Powers of search and seizure

(1) It shall be lawful for any person authorized thereto in writing by the
Secretary for Home Affairs, either generally or for a particular occasion, to





enter and search, using such force as may be necessary, any place which such
person may have reason to suspect to be or to contain a Chinese temple which is
being or has been established or is being maintained, contrary to any of the
provisions of this Ordinance or of any regulation made thereunder, or to enter and
search, using such force as may be necessary, any registered Chinese temple in or in
respect of which such person may have reason to suspect that any of the provisions
of this Ordinance, or of any regulation made thereunder, is being or has been
contravened, and upon any such search to seize and detain any books or documents
and also anything which may appear to be or contain any evidence of any
contravention of any of the provisions of this Ordinance or of any such regulation.
(Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 22 of 1969; L.N. 67 of 1985;
L.N. 262 of 1989)

(2) No person shall obstruct any search authorized by this section.

15. Penalty

Any person who contravenes any of the provisions of this Ordinance shall be
liable on summary conviction to a fine of $1,000.

(Amended20 of 1948 s. 4; 22 of 1950 Schedule)

SCHEDULE [s. 13]

KUN Yam TONG 36 Tai Ping Shan Street, Inland Lots Nos. 1349 and 1426.
LIN FA KUNG Tai Hang, Inland Lot No. 135 1.
Sui TSING PAK TEMPLE 12 Tik Lung Lane, Inland Lot No. 769, Section D, Sub-section 1.
TAM KUNG SIN SAVING TEMPLEAberdeen Inland Lot No. 72.
TIN HAU TEMPLE M) Tung Lo Wan, Inland Lot No. 1352.

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