BISHOP OF VICTORIA INCORPORATION ORDINANCE

BISHOP OF VICTORIA INCORPORATION ORDINANCE

LAWS OF HONG KONG

BISHOP OF VICTORIA INCORPORATION ORDINANCE

CHAPTER 1004





CHAPTER 1004

BISHOP OF VICTORIA INCORPORATION

To provide for the incorporation of the Bishop of Victoria in the
Colony of Hong Kong.

[6th March, 1925.]

1. This Ordinance may be cited as the Bishop of Victoria
Incorporation Ordinance.

2. The Bishop of Victoria in the Colony of Hong Kong, and his
successors in the said office of Bishop, shall be a corporation sole,
hereinafter called the corporation, and shall have the name of 'The
Bishop of Victoria, Hong Kong', 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 an official seal.

3. (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 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 what nature and kind soever.

(2) The corporation shall further have power by deed under its seal
to grant, sell, convey, assign, surrender, exchange, partition, yield up,
mortgage, demise, reassign, transfer or otherwise dispose of any lands,
buildings, messuages, tenements, mortgages, debentures, stocks, funds,
shares or securities, vessels, 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.

4. The legal estate in any property whatsoever, transferred to the
corporation in any manner whatsoever, shall, in the event of the death
of the Bishop of Victoria for the time being or in the event of his ceasing
to hold office as such Bishop, pass to his successor in such office when
appointed.

5. All deeds and other instruments requiring the corporate seal of
the corporation shall also be signed by the Bishop of Victoria for the
time being.

6. Any instrument sealed with the corporate seal of the corporation
shall not by reason only of the use of such seal be rendered liable to a
higher stamp duty than if the corporation sole were a natural person.





7. (1) Subject to subsection (2), the piece or parcel of ground
registered in the Land Office as Sections A and B and the Remaining
Portion of Inland Lot No. 76 and intended to be surrendered to the
Crown and regranted to the corporation and thereupon registered as
Inland Lot No. 7360 (hereinafter in this section referred to as 'the said
premises') is vested in the corporation, for the unexpired residue of the
term of years created by a Crown lease dated the 26th September 1911
under which the said premises are held, subject to the payment of the
rent and the performance of the covenants and conditions reserved by
and contained in the said Crown lease of the same.

(2) The corporation is deemed to have been freed and discharged,
with effect from the 6th March 1925, from the following covenant in the
said Crown lease

'AND FURTHER that the said Lessee his successors and assigns
or any other person or persons shall not nor will, during the
continuance of this demise, use, or allow to be used the said
premises or any part thereof, for any other purpose whatever than
for the promotion of the charitable designs and objects of Saint
Paul's College as they may be from time to time legally established
without the previous licence or consent of His said Majesty, His
Heirs, Successors, or Assigns signified in writing by the Governor
of the said Colony of Hong Kong, or other persons duly authorized
in that behalf.',

and such covenant shall be deemed to have been wholly extinguished.

(3) The corporation shall hold the said premises and all profits
arising therefrom upon trust

(a)for the training of men and women for the ordained and lay
ministry of the Anglican Church in Hong Kong;

(b)with the prior approval of the Hong Kong- Bishopric Fund
Trustees Incorporated, for the augmentation of the income of
the holder for the time being of the office of Bishop of Victoria,
by an amount not exceeding in any year the sum of sixty
thousand dollars or such larger amount as the Governor, on
the application of the said Trustees, may approve in respect of
any period not exceeding five years;

(c)for the promotion of welfare organizations concemed with the
education, training and development of young people m Hong
Kong;

(d)for providing office accommodation for the administrative work
of the Diocese; and

(e)for such other purposes as may be sanctioned from time to
time by the Governor.

(4) The Hong Kong Bishopric Fund Trustees Incorporated referred
to in subsection (3)(b) are the trustees registered in that name under the
Registered Trustees Incorporation Ordinance and shall have power to
act as trustees for the purposes of that paragraph.





(5) In the event of the whole or any part of the said premises being
sold, surrendered, mortgaged, exchanged for other premises, leased in
consideration of a premium or otherwise alienated in consideration of a
capital sum or in exchange for other premises, the trusts set forth in
subsection (3) shall apply to such capital sum or exchanged premises
and to the income and profits therefrom; and no person dealing with the
corporation in the exercise of any of its powers set forth in section 3 in
relation to the said premises or any part thereof shall be concemed to
see that the said trusts are or have been observed.

(6) Before the first day of June in each year the corporation shall
submit audited accounts to the Colonial Secretary and the Attorney
General in such form and in respect of such period as the Colonial
Secretary may specify, and shall furnish such further information as he
may require.

(7) Use made of the said premises or any part thereof and the
income and profits therefrom prior to the commencement of the Bishop
of Victoria Incorporation (Amendment) Ordinance 1972 shall be deemed
to have been in accordance with the covenants and conditions
contained in the said Crown lease of the said premises. (Added, 3 of
1972, s. 2)

8. Nothing in this Ordinance shall affect or be deemed to affect the
rights of Her Majesty the Queen, Her 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.
Originally 4 of 1925. (Cap. 267, 1950.) 3 of 1972. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Stamp duty. Discharge of convenant in Crown lease relating to Inland Lot No. 76. (Cap. 306.) (3 of 1972.) Saving.

Originally 4 of 1925. (Cap. 267, 1950.) 3 of 1972. Short title. Incorporation. Powers of corporation. Property transferred to corporation to pass to successors. Execution of documents. Stamp duty. Discharge of convenant in Crown lease relating to Inland Lot No. 76. (Cap. 306.) (3 of 1972.) Saving.

https://oelawhk.lib.hku.hk/items/show/3469

1964

v26

1004

4