CHURCH OF ENGLAND TRUST (CHURCH COUNCILS) REGULATIONS

CHURCH OF ENGLAND TRUST (CHURCH COUNCILS) REGULATIONS

CHURCH OF ENGLAND TRUST (CHURCH COUNCILS)
REGULATIONS.

(Cap. 1014, section 9).

[18th January, 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 communicant members
of the Church of England or of a church in communion with it
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 concemed but so that the alteration shall
not take effect till the year following the date at which it is
made;

(d)co-opted members if the. church council concemed so decides
not exceeding in number one-fifth of the elected lay
representatives and being either in holy orders or actual lay
communicant members of the Church of England of either sex
or of a church in communion with it;

(e)the two lay representatives elected at the annual church
meeting as members of the body of The Trustees of the
Church of England in the Diocese of Victoria, Hong Kong.

3. The election of lay representatives to the church council shall
take place at the annual church meeting of the church concemed.

4. Lay representatives and co-opted members shall continue in
office until the next annual church meeting unless in the meanwhile they
vacate office by death, absence of 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 moneys;

(b)jointly with the incumbent to determine the objects to which all
moneys to be given or collected in the church shall be
allocated, 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 delegation) 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 employment:

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 concemed;

(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 inconsistent





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 income 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 forth-
with 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, state-
ment 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 responsible.

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
church concemed 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 concemed 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 the Vicar of Christ Church, Kowloon Tong, for
Christ Church, Kowloon Tong, 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 church 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 concemed 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
communion with the Church of England; and

(c)are 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 am 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
not later than the 31st of May the annual church meeting of qualified
and duly enrolled electors

(a) for receiving 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 affairs of the church;

(b)for electing representatives to be members of the body of The
Trustees of the Church of England in the Diocese of Victoria,
Hong Kong;

(c) for electing the church council;

(d) for electing representatives to the Diocesan Conference;

(e) for electing sidesmen;

(f) for electing an auditor;

(g)for the transaction of any other business connected with the
affairs of the church.

(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 clergyman
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 notice.

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 church council;

(c)the election of representatives to the Diocesan
Conference;

(d) the election of sidesmen;

(e) the election of an auditor;

(f) the receiving 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 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, of Christ Church, Kowloon Tong, 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 chairman 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.

(d)Where an equality of votes renders a casting vote necessary
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 enrolment
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.

CITATION.

19. These regulations may be cited as the Church of England Trust
(Church Councils) Regulations.

APPENDIX. [regs. 6 & 8.]

Rules of procedure for church councils.

1. Every church council shall hold not less than four meetings 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
presented to him those members 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 specifying 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 of which notice has
been received by the secretary.

5. No business shall be transacted at any meeting 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.

7. In case of sudden emergency and other special circumstances 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
concemed, 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 concemed 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 submitted 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 of 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 proceedings 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 any)
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 informed 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 committees ex officio.

16. Any question arising on the interpretation of these rules shall be re-
ferred to the Bishop and any decision given by him or by any person appointed
by him on his behalf shall be final.
2 of 1930, Second Schedule. L.N. 102/70. Meaning of expression 'church councils'. (Cap. 1014.) Constitution of church councils. L.N. 102/70. Election of lay representatives. Duration of office of lay representatives and co-opted members. Filling up of casual vacancies among lay representatives of co-opted members. Meetings of church councils. Appendix. Secretary and treasurer for church councils. Powers of church councils. (Cap. 1014.) L.N. 102/70. (Cap. 1014.) Church councils to keep accounts. Keeping of registers of baptisms, marriages and burials. Provision of safe for books. Provision of inventory. Erection of monuments. Alterations in church or furniture. Powers of the Bishop. (Cap. 1014.) Electoral roll. L.N. 102/70. Annual church meeting; L.N. 102/70. Discussion; convening of annual church meeting and form of notice therefore; quorum; L.N. 102/70. (Cap. 1014.) Chairman; elections. Appeals. Citation. 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.

2 of 1930, Second Schedule. L.N. 102/70. Meaning of expression 'church councils'. (Cap. 1014.) Constitution of church councils. L.N. 102/70. Election of lay representatives. Duration of office of lay representatives and co-opted members. Filling up of casual vacancies among lay representatives of co-opted members. Meetings of church councils. Appendix. Secretary and treasurer for church councils. Powers of church councils. (Cap. 1014.) L.N. 102/70. (Cap. 1014.) Church councils to keep accounts. Keeping of registers of baptisms, marriages and burials. Provision of safe for books. Provision of inventory. Erection of monuments. Alterations in church or furniture. Powers of the Bishop. (Cap. 1014.) Electoral roll. L.N. 102/70. Annual church meeting; L.N. 102/70. Discussion; convening of annual church meeting and form of notice therefore; quorum; L.N. 102/70. (Cap. 1014.) Chairman; elections. Appeals. Citation. 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.

https://oelawhk.lib.hku.hk/items/show/3481

1964

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