HONG KONG TUBERCULOSIS, CHEST AND HEART DISEASES ASSOCIATION INCORPORATION ORDINANCE

HONG KONG TUBERCULOSIS, CHEST AND HEART DISEASES ASSOCIATION INCORPORATION ORDINANCE

LAWS OF HONG KONG

HONG KONG TUBERCULOSIS, CHEST
AND HEART DISEASES ASSOCIATION
INCORPORATION ORDINANCE

CHAPTER 1024





CHAPTER 1024

HONG KONG TUBERCULOSIS, CHEST. AND HEART DISEASES
ASSOCIATION INCORPORATION

Toincorporate the Hong Kong Tuberculosis, Chest and Heart Diseases
Association.

(Replaced 9 of 1980 s. 2)

[3 February 19671

Originally 8 of 1967 74 of 1974, L.N. 20179, 9 of 1980, R. Ed. 1980, 43 of 1988

Preamble

WHEREAS

(1) the former Hong Kong Anti-Tuberculosis Association was incorporated by
Ordinance in 1948 with its main purpose to combat tuberculosis in Hong Kong:

(2) since that time many organizations throughout the world, also
established for the purpose of combating tuberculosis, have extended the scope of
their activities to include all diseases of the chest and heart:

(3) the former Association being desirous of likewise extending the scope of its
activities and of making changes in its constitution:

(4) it is considered expedient to make provision accordingly by legislation:

Short title

1. This Ordinance may be cited as the Hong Kong Tuberculosis, Chest and
Heart Diseases Association Incorporation Ordinance.

(Amended9 of 1980 s. 3)

Interpretation

2. In this Ordinance, unless the context otherwise requires

'Association' means the Hong Kong Tuberculosis, Chest and Heart Diseases
Association incorporated under section 3; (Amended9 of 1980 s. 4)

'Board' means the Board of Directors established under the Constitution;

'Chairman' means the Chairman of the Board;

'Constitution' means the Constitution of the Association for the time being in
force, subject to the provisions of this Ordinance relating to any matter
expressly dealt with in this Ordinance;

'former Association' means the Hong Kong Anti-Tuberculosis Association
established under the repealed Hong Kong Anti-Tuberculosis Association
Incorporation Ordinance (Cap. 1024, 1964 Ed.).





incorporation of Association

3. The Hong Kong Tuberculosis_Chest and Heart Diseases Association shall
be a body corporate and in that name shall have perpetual succession and may sue
and be sued in all courts in the Colony and shall have, and may use, a common seal,
and may from time to time break, change, alter and make anew the said seal as the
Association may deem fit.

(Amended9 of 1980 s. 5)

Objects of the Association

4. The objects of the Association are each and every of the following-

(a)to carry on and continue the work and activities hereto before carried on
by the Association;

(b)to promote, encourage, or undertake research and experimental work on
the prevention, diagnosis, treatment, and any other aspects of the
diseases and malfunctions of the chest, heart and lung, and to publish the
findings of such work;

(c)to establish and operate hospitals, clinics, or such other institutions and to
provide rehabilitation and medical treatment for those sufflering or have
suffered from diseases or malfunctions of the chest, heart or lung;

(d)to provide medical, convalescent, or rehabiliatory services generally for
the benefit of the community of Hong Kong, and in the following
institutions

(i) 'the Ruttonjee Hospital;

(ii) the Freni Memorial Convalescent Home;

(iii) the Grantham Hospital; and

(iv) any other hospitals, clinics, infirmaries or other establishments
managed by the Association;

(e)to establish, maintain, support, and operate hospitals, clinics, infirmaries,
homes for the aged, convalescent centres or any other similar
establishments;

to establish, maintain, conduct, or operate, and to assist, financially or
otherwise, any other charitable activities or institutions with all or any of
its objects similar to those of the Association;

(g) to provide social and cultural services for the Hong Kong community;

(h)to promote the general welfare of the people of Hong Kong. and in
particular, in the furtherance of health and the relief of distress and
sickness;

(i) to promote and extend the objects of the Association overseas; and

(j)to establish and maintain affiliations with overseas organizations in the
promotion and furtherance of the objects of the Association.

(Replaced 43 of 1988 s. 2)





Powers of the Association

5. The Association shall have power-

(a)to acquire by purchase, lease or otherwise and to hold, possess and enjoy
any lands, buildings, messuages or tenements, goods, chattels and other
property of whatsoever nature or kind, and wheresoever situate;
(Amended 74 of 1974 s. 3)

(b)to build, rebuild, alter, vary, renew, maintain and repair any buildings,
messuages or tenements and to effect any improvement thereto;

(e)to invest moneys on deposit in any bank or upon mortgage of any lands,
buildings, messuages or tenements, or upon the mortgage, debentures,
debenture stocks, stocks, funds, shares or securities of any government,
municipality, corporation or company or such other investment as the
Board may think fit;

(d)to grant, sell, convey, assign, surrender, exchange, partition, yield up,
mortgage, pledge, demise, let, reassign, transfer or otherwise dispose of
any lands, buildings, messuages, tenements, mortgages, debentures,
debenture stocks, stocks, funds, shares, securities, vessels, goods,
chattels, property and assets for the time being vested in or belonging to
the Association upon such terms as the Association may think fit;

(e)to borrow money upon such terms as the Association may think fit, and,
subject to section 4(17) of the Summary Offences Ordinance (Cap. 228), to
raise money by public or by private subscription;

(f)to accept donations, grants or subsidies from any person or Government
authority or other body or organization;

(g)to establish, support and subscribe to provident funds, pension,
retirement and similar schemes for the benefit of employees of the
Association and their dependants and to grant and pay pensions or
gratuities to and otherwise aid, support or assist any such persons;
(AmendedL.N. 20179)

(h)generally to do such other acts and things as are incidental or conducive
to the objects of the Association as provided by this Ordinance and the
Constitution.

Vesting of property, etc. of former Association

6. (1) The following properties, namely-

(a)all that piece or parcel of ground known and registered in the Land Office
as Aberdeen Inland Lot No. 159;

(b)all that piece or parcel of ground known and registered in the Land Office
as Inland Lot No. 7206;

(c)all that piece or parcel of ground known and registered in the Land Office
as Inland Lot No. 7254,





together with all erections and buildings thereon and together with all rights,
easements and appurtenances thereto belonging vested in the former Association
shall from the commencement of this Ordinance be vested in the Association
absolutely subject to and with the benefit of the respective Conditions of Grant
under which the same are held from the Crown.

(2) (Repealed 9 of 1980 s. 7)

(3) All debentures, stocks, funds, shares, securities, vessels, goods, chattels
and other movable assets vested in or belonging to or held for or on behalf of or in
trust for the former Association and all moneys subscribed for the purposes of the
former Association and all investments of such moneys and all interest, income and
profits arising from such investments and all securities therefor shall, at the
commencement of this Ordinance, be transferred to, vest in, belong to or be held for
or on behalf of or in trust for the Association.

(4) All contractual and other rights exercisable or enforceable by the former
Association shall, at commencement of this Ordinance, be exercisable and
enforceable by the Association in place of the former Association.

(5) On the commencement of this Ordinance, the Association shall become
liable for all the debts and liabilities and for the performance of all the contractual
and other obligations of the former Association.

Membership of Association

7. The Association shall consist of the persons who were ordinary or life
members of the former Association under the constitution thereof referred to in
section 8 and of all such persons who shall continue to be members or who shall be
admitted to membership of the Association in accordance with the Constitution.

Constitution of Association

8. The constitution of the former Association as approved and adopted at the
Annual General Meeting of the former Association held on 28 October 1966 shall be
deemed to be the Constitution of the Association but the same may be amended or
replaced by the Association at any time or from time to time in accordance with the
provisions of the Constitution.

Registration with the Registrar of Companies

9. (1) The Association shall forward to the Registrar of Companies for
registration the following_

(a)notice of the address of the principal office of the Association and any
change thereof;

(b)a copy of the Constitution and any amendment thereto certified as correct
by the Chairman; and

(c)a list of the names, occupations and addresses of the members of the
Board and of the officers of the Association and any change therein,
certified as correct either by the Chairman alone or by any one other
member of the Board and the Secretary.





(2) Every document required to be registered in accordance with subsection (1)
shall be forwarded to the Registrar within 28 days of the commencement of this
Ordinance or within 28 days of any change or amendment, as the case may be.

(3) A fee of $5 shall be payable for registering any document under this
section.

(4) Any person may inspect any of the documents registered under this
section on payment of such fee as may be appointed under section 305 of the
Companies Ordinance (Cap. 32) for the inspection of documents kept by the
Registrar of Companies.

(5) The registration of the list mentioned in subsection (1)(c) shall be
conclusive evidence of the facts contained in such list.

Sealing and signing of documents

10. (1) All deeds, documents and other instruments requiring the seal of the
Association shall be sealed in the presence of 2 members of the Board and shall
also be signed by those members and such signing shall be taken as sufficient
evidence of the due sealing and execution of such deeds, documents and other
instruments.

(2) The Board shall be responsible for the safe custody of the common* seal
of the Association.

Saying

11. 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 any other persons except such as are mentioned in this Ordinance
and those claiming by, from or under them.

https://oelawhk.lib.hku.hk/items/show/3494

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