UNION CHURCH INCORPORATION ORDINANCE

UNION CHURCH INCORPORATION ORDINANCE

LAWS OF HONG KONG

UNION CHURCH INCORPORATION ORDINANCE

CHAPTER 1052





CHAPTER 1052.

UNION CHURCH INCORPORATION ORDINANCE.

AlUtANGEbUM OF SECEKONS.
Section. Page.

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

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Incorporation ... ... . ... ... ... ... ... ... ... ... ... ... ... 3

4. Powers of Corporation ... ... ... ... ... ... ... ... ... ... ... 3

5. Execution of deeds ... ... ... ... ... ... ... ... ... ... ... ... 3

6. Trusts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3

7. Members ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

8. Adherents ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

9. General meetings ... ... ... ... ... ... ... ... ... ... ... ... 4

10. Business at a general meeting ... ... ... ... ... ... ... ... ... ... 5

11. Committee of management ... ... ... ... ... ... ... ... ... ... 5

12. Officers ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6

13. Deacons' Court ... ... ... ... ... ... ... ... ... ... ... ... ... 6

14. Trustees ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

15. Minister ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7

16. Rules ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8

17. Property to be held in trust for London Missionary Society in certain
events ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8

18. Saving ... ... .... ... ... ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 1052.

UNION CHURCH INCORPORATION.

To make amended provision for the incorporation of the Trustees
of the Union Church in Hong Kong.

[1st May. 1962.]

1. This Ordinance may be cited as the Union Church Incor-
poration Ordinance.

2. In this Ordinance, unless the context otherwise requires-
'adherent' means a person who has been listed as an adherent in
accordance with the provisions of section 8;
'Chairman' and 'Vice-Chairman' mean respectively the chairman
and vice-chairman of the committee of management appointed
in accordance with the provisions of subsection (4) of sec-
tion 11;
'Church' means the ~ter and members of Union Church,
Kennedy Road, Hong Kong, and the buildings thereat;
Itcommittee' means the committee of management elected in
accordance with the provisions of section 11 including any
person co-opted to be a member thereof;
'Corporation' means 'The Trustees of the Union Church in Hong
Kong' incorporated under section 3;
'deacon' means a member of the Deacons' Court;
'Deacons' Court' means the Deacons' Court established in accord-
ance with the provisions of section 13;
'general meeting' means a general meeting of the members of the
Church.,
'member' means any person who has been enrolled as a full
member or as an associate member in accordance with the
provisions of section 7 and who is still so enrolled..
'Minister' means the minister of Union Church or, if at any time
there shall be more than one minister, the senior minister in
Hong Kong, appointed in accordance with the provisions of
subsection (1) or (2) of section 15 or an acting minister
appointed in accordance with the provisions of subsection (3)
of that section;
'prescribed' means prescribed by rules made under section 16;
'secretary' and 'treasurce' mean respectively the honorary secre-
tary and the honorary treasurer elected in accordance with
the provisions of section 12;
'voting member' means a member who, in accordance with the
provisions of subsection (2) of section 10, is entitled to vote
at a general meeting of the Church.





3. The Trustees for the time being of the Union Church in
Hong Kong shall be a body corporate and shall have the corporate
name 'The Trustees of the Union Church in 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 a common seal, and may from time to time, break,
change, alter and make anew the said seal as to the Corporation
may seem fit.

4. (1) The Corporation shall have power to acquire, accept
and grant 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 build, rebuild, alter, vary,
renew, maintain and repair any building, messuage or tenements,
and also to invest moneys upon mortgages of any lands, buildings,
messuages or tenements, or in debentures, stocks, funds, shares or
securities of any government, municipality, corporation. or com-
pany, and also to purchase, acquire and possess goods and chattels
of what nature and kind soever and to sue, carry on and defend
all legal arbitration and other proceedings.

(2) Notwithstanding the provisions of subsection (1), the Cor-
poration shall be subject to the provisions of the Charities (Land
Acquisition) Ordinance.

(3) The Corporation shall further have power by deed under
its seal to grant, sell, convey, assign. surrender, exchange, partition,
yield up, mortgage, pledge, demise, reassign, transfer or otherwise
dispose of any lands, buildings, messuages, tenements, mortgages,
debentures, stocks, funds. shares or securities or goods and chattels
whatsoever, which are for the time being vested in or belonging
to the Corporation, upon such terms as to the Corporation may
seem fit.

5. (1) All deeds, documents and other instruments requiring
the seal of the Corporation shall be sealed in the presence of two
or more of the trustees, and shall also be signed by the Chairman
or, if he shall be absent from the Colony or otherwise for any good
reason unable to act, by the Vice-Chairman, and by such trustees
so present, and such signing shall be and be taken as sufficient
evidence of the due sealing thereof.

(2) The seal shall be kept in the custody of the Chairman of
Trustees elected in accordance with the provisions of subsection (6)
of section 14 or, if no Chairman of Trustees shall have been elected

or if he shall be absent from the Colony or otherwise for any good
reason be unable to act, in the custody of the person who has been
trustee for the longest period.

6. The Corporation shall hold the property vested in it and
all property subsequently acquired by it and any other premises
which may be substituted therefor and all the other property of





the Church upon trust for the purpose of a church for the public
worship of God and for preaching the Gospel of the Lord Jesus
Christ according to the principles and usages of Protestant Chris-
tians, and for the sole object of spreading the knowledge of
Christ, as shall seem most agreeable to the Word of God and not
for the purpose of introducing or supporting presbyterianism,
independency, episcopacy or any other form of church order and
government about which there may be difference of opinion, but
under such form of church government as the members shall
direct. and also, subject to such direction, for the instruction of
children and adults, and for religious and philanthropic purposes
and for the providing of a residence for the Minister. provided
that the Church shall always accept as its primary standards the
Word of God as witnessed to by the scriptures of the Old and New
Testaments, the Trinitarian Doctrine of the Christian Faith and
the Sacraments of Baptism and the Lord's Supper.

7. Every member of the Church shall have been baptized in
or in accordance with the rites of a Christian Church and shall
be either-
(a)a full member, that is to say. a person who has been
received into the Church by-
(i) profession of faith;
(ii) letter of transfer from another Christian Church;
or
(iii) re-affirmation of faith. or
(b)an associate member, that is to say, a person who is a
regular member of a Christian Church other than the
Church and who signifies his desire to worship with and
to help and support the Church while he is in the Colony
but still to retain his membership of his own church,
who has been enrolled as such in such manner as may be
prescribed:
Provided that, subject and in such manner as may be
prescribed, any person who was on the mailing list of the Church
immediately before the commencement of this Ordinance may be
so enrolled.

8. Any person who. though not a member of a Christian
Church. wishes to take part in the worship and other activities of
the Church while he is resident in the Colony may, subject as may
be prescribed, be listed as an adherent.

9. (1) The annual general meeting of the Church shall be
held in the month of March in each year or as soon as is practic-
able thereafter.
(2) A special general meeting may be called at any time by
the Minister or by the committee and shall be called by the





Minister if he shall receive a requisition. stating the purpose for
which the meeting is required and signed by not less than forty
voting members.

(3) Notice of every general meeting shall be given at each
service held in the Church on not less than two Sundays im-
mediately preceding such meeting at the usual time in the usual
manner for giving notices during divine service and the meeting
shall be held not earlier than the Wednesday next following the
second of such Sundays.

(4) Save as may be otherwise prescribed, no motion shall be
carried at a general meeting unless it shall receive the votes of not
less than two-thirds of the voting members present and voting plus
one.

10. (1) At every general meeting, the chair shall be taken by
the Chairman or. in his absence by the Vice-Chairman or, if both
the Chairman and the Vice-Chairman shall be absent, by such
person as the meeting shall elect as chairman for the purpose of
such meeting.

(2) At every general meeting every member shall be entitled
to attend and to speak at such meeting but only a member who
is over the age of eighteen years and who has been enrolled as'a
member for not less than six months shall be entitled to vote at a
general meeting.

(3) The quorum for a general meeting shall be such number
as may be prescribed or. if no quorum is prescribed, forty voting
members:
Provided that if at a general meeting there is not a quorum.
the Chairman shall adjourn the meeting for a period of not less
than three weeks and notice of such adjourned meeting shall be
given in accordance with the provisions of subsection (3) of
section 9 and at such adjourned meeting the quorum shall be
the number of voting members there present.

11. (1) There shall be a committee of management which
shall be responsible for the management of the Church property
and the temporal affairs of the Church.

(2) The committee shall consist of twelve voting members,
or such other number as may be prescribed, elected at the annual
general meeting together with the following ex-oflicio members-
(a) the Minister;
(b) the secretary; and
(c) the treasurer.

(3) The committee shall hold office from the first day of the
month next following the date of its election until the date on





which a new committee elected by the Church at its annual
general meeting shall assume office.

(4) At its first meeting, the committee shall elect from its
elected members a chairman and vice-chairman and at any sub-
sequent meeting may elect therefrom a temporary chairman or
a temporary vice-chairman in substitution for any chairman or
vice-chairman so elected if either such officer shall be absent from
the Colony or otherwise for any good reason be unable to act.

(5) The committee shall have power to co-opt to the com-
mittee any voting member.

12. (1) There shall be an honorary secretary and an
honorary treasurer who shall be voting members elected by the
Church at its annual general meeting and who shall hold office
from the first day of the month next following the date of such
election until replaced by other officers similarly elected.

(2) If an honorary secretary or an honorary treasurer shall be
absent from the Colony or otherwise for any good reason be unable
to act the committee may elect a member of the committee to hold
such office during his absence or inability.

13. (1) There shall be a Deacons' Court which shall be
responsible with the Minister for all matters relating to the spiritual
welfare of the Church and shall carry out such other duties as may
be prescribed.

(2) The Deacons' Court shall consist of the Minister and such
other persons as shall be nominated and approved as deacons or
received as deacons in accordance with the provisions of sub-
section (3).

(3) Every deacon shall be either---

(a)nominated by the Deacons' Court. subject to approval by
a general meeting of the Church in such manner as may
be prescribed, and inducted as a deacon by the Minister;
or

(b)if he had previously been elected and received into any
other Christian church in an office equivalent to that of
deacon, received as a deacon, by the Deacons' Court.

(4) No person shall be nominated to be a deacon or be
received as a deacon unless he is a voting member and a com-
municant.

(5) Every member who is inducted as a deacon or is received
as a deacon shall continue to hold office as a deacon until he
ceases to be a member or resigns.

(6) The Minister shall act as Moderator at every meeting of
the Deacons' Court at which he is present and, if he is absent. a





deacon, who shall be selected by the deacons present at such
meeting, shall act as Moderator.

(7) There shall be a clerk to the Deacons' Court who shall
be elected at the first meeting of the Deacons' Court held after the
annual general meeting of the Church and who shall be responsible
for the summoning of meetings of the Deacons' Court and the
maintenance of the minutes of the Deacons' Court and for carry-
ing out such other duties as the Deacons' Court may decide.

(8) The Deacons' Court shall meet at intervals of not less
than two months.

14. (1) There shall be not more than ten and not less than
three trustees.

(2) Each trustee shall be a voting member and shall be
elected by the members of the Church at a general meeting in
such manner as shall be prescribed and shall hold office until he
ceases to be a member. resigns or has been absent from the
Colony for a continuous period of not less than two years.

(3) If the number of trustees falls. below four, at least one
additional trustee shall be elected as soon as is practicable there-
after.

(4) When a person has been elected to be a trustee, the
secretary shall, within three weeks after his election or within such
further time as may be allowed by the Governor, furnish to the
Governor such evidence as the Governor may require of the
election of such person.

(5) A notification in the Gazette under the hand of the
Colonial Secretary that such evidence has been furnished to the
Governor by the secretary shall be conclusive evidence of such
election.

(6) The trustees, in such manner as they may consider
appropriate, may from time to time elect one of their number to
be Chairman of Trustees for the purpose of summoning and
presiding at meetings of trustees.

15. (1) Each Minister, on first appointment, shall be selected
at a general meeting in such manner as may be prescribed, on the
joint recommendation of the Deacons' Court and the committee,
meeting together and, on such selection. shall be appointed by the
committee upon such terms as may be agreed.

(2) The appointment of a Minister may be renewed by the
committee on the joint recommendation of the Deacons' Court
and of the committee, meeting together, subject to approval by a
general meeting, in such manner as may be prescribed.

(3) The Deacons' Court and the committee meeting together
may appoint any person to act as Minister during the absence from





the Colony or inability to perform his duties, through illness or
for any other cause, of any person appointed as Minister under
this section.

16. (1) The Deacons' Court and the committee, meeting
together, may make rules providing for-
(a) the selection and appointment of ministers of the Church;
(b)the election of trustees, members of the committee and
office-bearers of the Church;
(0the enrolment of full members, associate members and
adherents;
(d)the preparation of a list of full members, associate
members and adherents;
(e)the removal from the list of full members. associate
members or adherents, of the name of any person
thereon;
the keepm*g of registers of full members, associate
members, adherents and communicants and of baptisms
and marriages;
(g)the holding of joint meetings of the Deacons' Court and
of the committee;
(h)the holding of meetings of the committee and the
quorum and the conduct of business at such meetings;
(i)the holding of general meetings and the quorum and con-
duct of business at such meetings;
(j)the appointment of any additional officers and servants
of the Church;
(k)fees to be charged by the committee to members,
adherents and non-members;
(l)the keeping of accounts and of moneys received by or on
behalf of the Church;
(m)generally. the carrying into effect of the provisions of this
Ordinance.

(2) Any rule made in accordance with the provisions of this
section shall be signed by the secretary and by the clerk to the
Deacons' Court and shall be displayed in a prominent place in
the Church premises for not less than one month and shall not
come into operation until the expiry of such period:

Provided that any rule may be revoked at a general meeting.

17. In the event of the Corporation failing to use, occupy and
enjoy the present buildings of the Church, or any other premises
which may be substituted therefor, for the purposes mentioned in
section 6. for a period of more than two years at any one time.
then the Corporation shall hold the said premises with the erec-





tions and buildings thereon, and all moneys, goods and chattels
then belonging to the Corporation, in trust for the London Mis-
sionary Society Incorporated under the London Missionary Society
Incorporation Ordinance, absolutely.

18. Nothing in this Ordinance shall affect or be deemed to
affect the rights of Her Majesty the Queen. Her Heirs or Succes-
sors, 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 6 of 1962. Short title. Interpretation. Incorporation. Powers of Corporation. (Cap. 305.) Execution of deeds. Trusts. Members. Adherents. General meetings. Business at a general meeting. Committee of management. Officers. Deacons' Court. Trustees. Minister. Rules. Property to be held in trust for London Missionary Society in certain events. (Cap. 1033.) Saving.

Originally 6 of 1962. Short title. Interpretation. Incorporation. Powers of Corporation. (Cap. 305.) Execution of deeds. Trusts. Members. Adherents. General meetings. Business at a general meeting. Committee of management. Officers. Deacons' Court. Trustees. Minister. Rules. Property to be held in trust for London Missionary Society in certain events. (Cap. 1033.) Saving.

https://oelawhk.lib.hku.hk/items/show/3526

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