PORTUGUESE COMMUNITY EDUCATION AND WELFARE FOUNDATION INCORPORATION ORDINANCE

PORTUGUESE COMMUNITY EDUCATION AND WELFARE FOUNDATION INCORPORATION ORDINANCE

LAWS OF HONG KONG

PORTUGUESE COMMUNITY EDUCATION AND
WELFARE FOUNDATION INCORPORATION
ORDINANCE

CHAPTER 1071





CHAPTER 1071

PORTUGUESE COMMUNITY EDUCATION AND WELFARE
FOUNDATION INCORPORATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section...................................... Page

1. Short title ................................ ... ... ... ... ... ... ... 2
2. Interpretation........................... ... ... ... ... ... ... ... ... 2
3. Incorporation............................... ... ... ... ... ... ... ... 2
4. Purposes of the corporation.............. ... ... ... ... ... ... ... ... 2
5. Board of Governors ........................ ... ... ... ... ... ... ... 3
6. Powers of corporation .................. ... ... ... ... ... ... ... ... 3
7. [Repealed] ................................ ... ... ... ... ... ... ... 4
8. Duty to give notice of appointment to Registrar of Companies ... ... ... ... 4
9. Execution of documents ................. ... ... ... ... ... ... ... 4
10. Management committee ...................... ... ... ... ... ... ... 4
11. Quorum and majority decision ........... ... ... ... ... ... ... ... ... 4
12. Delegation of powers to management committee ... ... ... ... ... ... 5
13. Power of Board of Governors to make rules ... ... ... ... ... ... ... 5
14. Saving..................................... ... ... ... ... ... ... ... ... 5





CHAPTER 1071

PORTUGUESE COMMUNITY EDUCATION AND WELFARE
1 FOUNDATION INCORPORATION

To provide for the incorporation of the Board of Governors of the
Portuguese Community Education and Welfare Foundation.

(Amended, 21 of 1982, s. 2)

[15 April 1954.]

1. This Ordinance may be cited as the Portuguese Com~ nity
Education and Welfare Foundation Incorporation Ordinance.

(Amended, 21 of 1982, s. 3)

2. In this Ordinance, unless the context otherwise requires-

'Board of Governors' means the board from time to time appointed
pursuant to section 5;

'management committee' means the committee for the time being
appointed pursuant to section 10.

3. The Board of Governors for the time being shall be a body
corporate under the name of the 'Portuguese Community Education
and Welfare Foundation Incorporated', hereinafter called the
corporation, 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 the corporation may seem fit.

(Amended, 21 of 1982, s. 4)

4. The purposes of the corporation shall be to establish and
maintain schools whereby children primarily of the Portuguese
community and of other communities in Hong Kong are given a modem
and liberal education (special attention being given to the teaching of
the Portuguese language and literature) upon Christian principles, and
subject to that purpose to

(a)assist in any way the Board of Governors in its absolute
discretion may deem fit any person of whatever age of the
Portuguese community selected by the Board of Governors to
pursue studies in any educational institute situated in Hong
Kong or elsewhere;

(b)maintain and assist in such manner as the Board of Governors
may from time to time and in its absolute discretion determine
whether by grants of money or otherwise, any needy person of
whatever age of the Portuguese community;





(c)assist charitable institutions and organizations which in any
manner assist any members of the Portuguese community;

(d)generally, do all things necessary or expedient for the proper
and effective carrying out of any of the foregoing purposes.

(Replaced, 21 of 1982, s.
5)

5. (1) The Board of Governors shall be made up of not more than 10
nor less than 5 members of the Portuguese community and shall at the
commencement* of the Portuguese Community Schools Incorporation
(Amendment) Ordinance 1982 consist of the following members of the
Portuguese community, namely

(a) Arnaldo de Oliveira Sales Chairman
(b) Arthur Ernesto Gomes Hon. Secretary
(c) Alberto Antonio Maria Hon. Treasurer
Rodrigues, Junior
(d) Alberto Maria Rodrigues Member
(e) Rogerio Hyndman Lobo Member
(f) Henrique Alberto de Barros Member
Botelho.
(Replaced, 21 of 1982, s.
6)

(2) The chairman of the Board of Governors shall be appointed by
the Board of Governors annually on the first day of July.

(3) Subject to subsection (1) the Board of Governors may on the
resignation, death or other determination of the membership of any
member of the Board of Governors or at any other time appoint a
member of the Portuguese community to be a member of the Board of
Governors, and, if at any time the membership of the Board of Governors
should fall below 5, shall make such appointment as is necessary to
bring the membership of the Board of Governors to 5. (Replaced, 21 of
1982, s. 6)

6. (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, company or person, and also to purchase, acquire and
possess 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, 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:
Provided that in respect of lands, buildings, messuages, tenements
and mortgages such powers shall not be exercised without the
consent of the Governor in Council first had and obtained in each
particular case.

7. [Repealed, 21 of 1982, s. 7.1 1

8. Whenever under section 5(3) any person of the Portuguese
community is appointed to succeed any member of the Board of
Governors or to be an additional member of the Board of Gover-
nors, the person appointed shall within 3 months after his appoint-
ment give written notice to the Registrar of Companies of such fact.
(Replaced, 21 of 1982, s. 8)

9. All deeds, documents and other instruments requiring the
seal of the corporation shall be sealed in the presence of 3 or more
members of the Board of Governors and shall also be signed by 3 of
such members so present and such signing shall be taken as sufficient
evidence of the due sealing thereof.

10. (1) The management committee shall consist of 3 persons
appointed by the Board of Governors annually on the first day of
July. (Amended, 21 of 1982, s. 9)

(2) The chairman of the management committee shall be
appointed by the Board of Governors annually on the first day of
July.

(3) On the resignation, death or other determination of the
membership of any member of the management committee any
vacancy so caused may, if the Board of Governors deems it
necessary or expedient, be filled by such Board.

11. (1) At any meeting-

a)of the Board of Governors 3 members thereof shall form a
quorum;

(b)of the management committee 2 members thereof shall
form a quorum. (Amended, 24 of 1969, s. 4)

(2) Every question at any meeting of the Board of Governors
or of the management committee shall be decided by a majority of
votes of the members present, and in case of an equality of votes the
chairman shall have a second or casting vote.





12. The Board of Governors may from time to time delegate to the
management committee such powers as the Board may consider
necessary or expedient for the better management of any school
established or maintained by the corporation in order to vest in the
management committee the effectual control and management of any
such school subject to such directions as the Board of Governors may
give from time to time.

13. (1) The Board of Governors may make rules providing for

(a)the control and management of the schools or school
premises established or maintained or owned or occupied by
the corporation, and in regard to all matters incidental to the
conduct of such schools or school premises;

(b)the holding of meetings of the Board of Governors or of the
management committee and the conduct of business thereat;

(c)the keeping of accounts of moneys received and expended by
the management committee;

(d)all other matters which are necessary for the management and
control of the Board of Governors or of the management
committee.

(2) No rules made by the Board of Governors under subsection (1)
shall be binding unless such rules have been passed by a majority of
members present and voting.

14. 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 16 of 1954. 24 of 1969. 21 of 1982. Short title. Interpretation. Incorporation. Purposes of the corporation. Board of Governors. (21 of 1982.) [*7.5.82.] Powers of corporation. Duty to give notice of appointment to Registrar of Companies. Execution of documents. Management committee. Quorum and majority decision. Delegation of powers to management committee. Power of Board of Governors to make rules. Saving.

Originally 16 of 1954. 24 of 1969. 21 of 1982. Short title. Interpretation. Incorporation. Purposes of the corporation. Board of Governors. (21 of 1982.) [*7.5.82.] Powers of corporation. Duty to give notice of appointment to Registrar of Companies. Execution of documents. Management committee. Quorum and majority decision. Delegation of powers to management committee. Power of Board of Governors to make rules. Saving.

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