HOP YAT CHURCH OF THE CHURCH OF CHRIST IN CHINA INCORPORATION ORDINANCE

HOP YAT CHURCH OF THE CHURCH OF CHRIST IN CHINA INCORPORATION ORDINANCE

LAWS OF HONG KONG

HOP YAT CHURCH OF THE CHURCH OF CHRIST

IN CHINA INCORPORATION ORDINANCE

CHAPTER 1027





CHAPTER 1027

HOP YAT CHURCH OF THE CHURCH OF CHRIST
IN CHINA INCORPORATION

To providefor the incorporation qf the Hop Yat Church of The Church of Christ
in China.

[22 September 1967.1

1. This Ordinance may be cited as the Hop Yat Church of The Church of
Christ in China Incorporation' Ordinance.

2. In this Ordinance, unless the context otherwise requires

'constitution' means the constitution of the Hop Yat Church approved from
time to time by its members in accordance with the constitution for the
time being in force;

'Corporation- means the body incorporated by section 3;

'Council of a Unit Church' means the Council for the time being of a Unit
Church of the Corporation;

'Hop Yat Church' means the Hop Yat Church of The Church of Christ in
China taken as a whole which shall include all its churches schools and
other establishments and their respective members for the time being;

'ministers' and 'preachers' respectively mean the ministers and preachers for
the time being employed by the Hop Yat Church;

'Properties Management Committee' means the Properties Management
Committee for the time being of the Corporation;

'repealed Ordinance' means the Hop Yat Tong Church of Christ Hong Kong
Incorporation Ordinance;

'Unit Church' means a church establishment of the Hop Yat Church.

3. The Council of Representatives for the time being of the Hop Yat
Church of The Church of Christ in China shall be a body corporate,, hereinafter
called 'the Corporation', and shall have the name 'The Council of
Representatives of Hop Yat Church of the Church of Christ in China- and in
that name shall have perpetual succession and may sue and be sued in all courts
and tribunals in the Colony and shall have any may use a common seal, and
may from time to time, break, change, alter and make anew the said seal as the
Corporation may deem fit.





4. The Corporation shall have full power-

to manage, administer and operate the Hong Kong Hop Yat
Church, the Kowloon Hop Yat Church, the Kowloon Hop Yat
Church School, the Hop Yat Church Kindergarten and the
Hop Yat Church Kai Chi School;

(b)to establish, manage, administer and operate any clinic or
clinics, hospital or hospitals, church or churches, school or
schools or educational or charitable institution or institutions
as the Corporation shall think fit;

(c)to acquire, accept leases of, purchase, take or otherwise hold
and enjoy any lands, buildings, messuages or tenements of
what nature or kind soever and wheresoever; (Amended, 74 of
1974, s. 3)

(d)to acquire, by purchase or otherwise, goods and chattels of
what nature or kind soever;

(e)to invest moneys on deposit in any bank in the Colony or in
any government bonds or on mortgage of any land,
buildings, messuages, or tenements in the Colony, or in or on
debentures, debenture-stocks, stocks, funds, shares or
securities of any corporation or company_ carrying on
business in the Colony;

to grant, sell convey, assign, surrender, yield up, mortgage,
demise, let, reassign, transfer or otherwise dispose of, any
land, buildings, messuages, tenements, mortgages,
debentures, debenture-stocks, stocks, funds, shares,
securities, vessels, goods or chattels for the time being vested
in the Corporation, upon such terms as the Corporation may
deem fit;

(g)to act as custodian trustee or manager of any property or fund
for any charitable purpose;

(h)to accept gifts; donations and endowments for all or any of
the purposes of the Corporation;

(i)to subscribe to and to grant donations for any charities or
educational purposes;

(j)to develop either alone or jointly with other or others and turn
to account any land acquired by the Corporation or in which it
is interested, and in particular by laying-out and preparing the
same for building purposes, constructing, altering, pulling
down, decorating, maintaining, fitting up, and improving
buildings, and by planting, paving, d raining, farming,
cultivating and letting on building lease or. building
agreement, and by advancing money to and entering into
contracts and arrangements of all kinds with





builders, developers, contractors, land investment companies,
land mortgage companies, building estate companies, banks,
financiers, owners, lessees, tenants and others, in such
manner or on such terms and conditions as the Corporation
shall deem fit or expedient and to apply for and obtain
exclusion orders under Part 1 of the Landlord and Tenant
(Consolidation) Ordinance and to agree and pay such
compensation as the Tenancy Tribunal may recommend or
order;

(k)to borrow money upon such terms as the Corporation shall
think fit, and to raise money by public or private subscription;
and

(1)generally to do such other things as many appear to be
incidental or conducive to the aims and objects of the
Corporation.

5. On the commencement of this Ordinance-

(a)all those pieces or parcels of ground specified in the second
column of the Schedule, together with all rights, easements
and appurtenances thereto belonging, shall vest in the
Corporation for the unexpired residue of the respective terms
of years created-by the Crown leases and Conditions of Grant
specified opposite thereto in the third column of the Schedule,
subject to payment of the rent and performance of the
covenants and conditions reserved by and' contained in the
said Crown leases and Conditions of Grant; and

(b)the he Corporation shall succeed to all other property, rights,
privileges, obligations and liabilities of the trustees for the
time being of the Hop Yat Tong Church of Christ Hong Kong
incorporated under the repealed Hop Yat Tong Church of
Christ Hong Kong Incorporation Ordinance.

6. The Corporation shall consist of the following members-

(a)all ministers and preachers for the time being of the Hop Yat
Church;

(b)all deacons and deaconesses for the time being of the Hop
Yat Church;

(c)the chairman, vice-chairman, and secretary for the time being
of the Council of each Unit Church; and

(d)representatives for the time being from the Council of each
Unit Church, which shall be entitled to have one elected
member in respect of every 100 adult-members registered with
such Unit Church to represent it in the Corporation: provided
that the maximum number of the representatives of each Unit
Church shall not exceed 5.





7. Each Unit Church shall have a Council, and the organization,
powers and duties of such Council shall be prescribed by the
constitution for the time being of the Hop Yat Church.

8. (1) The existing constitution of the Hop Yat Church shall be the
constitution of the Corporation.

(2) Amendments to the constitution shall be proposed in writing
to the Council of Representatives by 2 deacons and 3 elected members
of one or more Councils of the Unit Churches or by 10 voting members
of the Church, and no amendments shall be made unless such
amendment or amendments shall have been passed by three-fourths of
the members of the Council of Representatives present at the meeting
convened for the purpose.

(3) Any such amendment shall not come into operation until it has
been published in the Church bulletin 4 consecutive weeks for the
information of the members and no objection thereto has been raised
within 30 days from the-first publication.

(4) The constitution shall not be amended without the consent in
writing of the Registrar of Companies.

9. (1) The Corporation shall forward to the Registrar of Companies
for registration the following

(a)notice of the address of the registered office of the
Corporation and any change thereto;

(b)a copy of the constitution and any amendment thereto,
certified as correct by the Chairman or Vice-Chairman of the
Corporation.

(c)a list of the names and addresses of the members for the time
being of the Corporation and any change therein, certified as-
correct by the Chairman or Vice-Chairman of the Corporation;
and

(d)the- name and address of any person appointed under section
10 to sign deeds, documents and other instruments, and any
change therein certified as correct by the Chairman or Vice-
Chairman of the Corporation.

(2) Notification in accordance with subsection (1) shall be made
within 28 days of the commencement of this Ordinance or within 28 days
of any amendment, change or appointment as the case may be.

(3) Any person may. inspect any of the documents registered
under this section upon payment of such fee as may be prescribed
under section 305 of the Companies Ordinance for the inspection of a
document.





(4) The Corporation shall pay such fees for registering any
document with any public registry as may be prescribed. under section
304 of the Companies Ordinance for the registration of a document with
the Registrar of Companies. (Amended, L.N. 31168)

10. (1) The seal of the Corporation shall not be affixed to any deed,
document or instrument except by the authority of a resolution of the
Corporation.

(2) All deeds, documents and other instruments re quiring the seal
of the Corporation shall be signed by any 3 of the 6 members of the
Properties Management Committee of the Corporation and such signing
shall be taken as sufficient evidence of the due sealing of such deeds,
documents and other instruments.

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

SCHEDULE [s. 5.]

Crown lease and

Item Description of property Conditions
Grant

1 . Section D of Inland Lot No. 590. Crown lease dated 18
August 1859.
2. 1/11 th undivided share in Section C of Subsection 1 Crown lease dated 31
of Section B of Quarry Bay Marine Lot No. 4. December 1932.
3. 1/7th undivided share in Subsection 5 of Section B Crown lease dated 30
of Kowloon Inland Lot No. 615.December 1902.
4. Remaining Portion of Kowloon Inland Lot Conditions of Grant
No. 6591. No. 5259.
5. Remaining Portion of Kowloon Inland Lot Conditions of Grant
No. 7266. No. 5973.
Originally 54 of 1967. L.N. 31/68. 74 of 1974. Short title. Interpretation. (Cap. 1027, 1964 Ed.) Incorporation. Power of Corporation. (Cap. 7.) Vesting of property. Schedule. Members of the Corporation. Council of Unit Church. Existing constitution to be constitution of Corporation. Registration. (Cap. 32.) Seal. Saving.

Originally 54 of 1967. L.N. 31/68. 74 of 1974. Short title. Interpretation. (Cap. 1027, 1964 Ed.) Incorporation. Power of Corporation. (Cap. 7.) Vesting of property. Schedule. Members of the Corporation. Council of Unit Church. Existing constitution to be constitution of Corporation. Registration. (Cap. 32.) Seal. Saving.

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