HOSEINEE SOCIETY OF HONG KONG INCORPORATION ORDINANCE

HOSEINEE SOCIETY OF HONG KONG INCORPORATION ORDINANCE

LAWS OF HONG KONG

HOSEINEE SOCIETY OF HONG KONG

INCORPORATION ORDINANCE

CHAPTER 1074





CHAPTER 1074

HOSEINEE SOCIETY OF HONG KONG INCORPORATION

To provide for the incorporation of the Hoseinee Society qf Hong Kong.

[10 September 1954.]

1. This Ordinance may be cited as the Hoseinee Society of Hong Kong
Incorporation Ordinance.

2. In this Ordinance, unless the context otherwise requires

'committee' means the committee for the time being of the Hoseinee Society of
Hong Kong appointed in accordance with the constitution;

'constitution' means the constitution of the Hoseinee Society of Hong Kong as
set forth in the Schedule and any amendment or variation thereof which
may be made under section 7.

3. The members of the committee of the Hoseinee Society of Hong Kong
and their successors in office as hereinafter defined shall be a body corporate,
hereinafter called the corporation, and shall have the name ' The Hoseinee
Society qf* 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.

4. (1) The corporation shall have power to acquire, accept, 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 invest money
upon mortgage of any lands, buildings, messuages or tenements or upon the
mortgages, debentures, stocks, funds. shares or securities of any government,
municipality, corporation or company and also to purchase. acquire and
possess vessels and other goods and chattels of what nature and kind soever.

.(2) The corporation shall 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 lands, buildings, messuages,
tenements, mortgages, debentures, stocks, funds, shares or securities or other
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.(Amended, 48 qf 1973, s. 2)





(3) The corporation shall have power to develop and turn to
account any land within the Colony or elsewhere acquired by the
corporation or in which the corporation is interested, and in
particular by laying out and preparing the same for building
purposes, constructing, altering, pulling down, decorating, main-
taming, furnishing, fitting up, and improving buildings, roads, and
conveniences and by planting, paving, draining, letting on building
lease or building agreement, and by advancing money to, entering
into contracts and arrangements of all kinds with builders, tenants,
and others interested in any such land. (Added, 48 of 1973, s. 2)

(4) The corporation shall have power to borrow or raise
money in such manner as the corporation may think fit and for that
purpose to charge all or any part of the property of the corporation.
(Added, 48 of 1973, s. 2)

5. All deeds and other instruments requiring the seal of the
corporation shall be scaled in the presence of 2 members of the
committee and shall be signed by 2 members and the secretary and
treasurer, and all other documents, instruments and writings requir-
ing the signature of the corporation shall be signed by the secretary
or a member of the committee authorized by the committee.
(Amended, 48 of 1973, s. 3)

6. (1) The appointment of members of the committee shall
be made in accordance with the constitution.

(2) Whenever any person is appointed to be a new member of
the committee within 6 weeks of such appointment or within such
further period as the Governor may allow, the corporation by its
secretary shall furnish to the Registrar of Companies evidence to his
satisfaction of the due appointment and the names and addresses of
the members of the committee, or of such new member, and shall
then and within 3 weeks of any change of secretary or change of
address, furnish to such Registrar particulars of such secretary and
of his place of residence or other sufficient address within the
Colony.

(3) The registration of members of the committee shall be
conclusive evidence of their appointment.

(4) There shall be payable to the Registrar of Companies a fee
of $5 in respect of registration of the committee under subsection (2),
or of a new member of the committee, and a fee of $1 shall be
payable in respect of each search of the file.

7. (1) All matters for which provision is not herein made and
all matters of internal management shall be settled and carried out in
accordance with the constitution and with the rules.

(2) The committee may.. with the prior approval of the
Governor, by resolution amend the constitution.

(3) The committee may by resolution amend the rules.





(4) Any amendment of the constitution or of the rules shall be
effective upon a copy thereof, certified by the secretary or by a member
of the committee acting as secretary, being lodged with the Registrar of
Companies.

8. 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. 2,1

Constitution

ARTICLE I

The objects ofthe corporation are-

(a)to perpetuate the commemoration of the martyrdom of Imam Hosein a
grandson of the Holy Prophet Mahomed by the holding of meetings and
giving of dinners during Moharram Safar and at other customary times,.

(b)to perpetuate also the memory of the other members of Panjatan in such
manner as the committee shall from time to time determine;

(c)to maintain and assist in such manner as the committee may from time to
time determine whether by grants of money or otherwise, needy or
indigent Shiahs in Hong Kong;

(d) to benefit shiah organization; (Added, L.N. 22164)

(e)to make donations from the surplus funds of the corporation to such an
amount as the committee may from time to time determine for charitable
and deserving purposes in HongKong. (Replaced,L.N. 22/64)

ARTICLE II

The committee shall be deemed to have at its disposal as spendable income in
any year a sum equal to half the actual net income ofthe preceding year of account
for the purposes set forth in paragraphs (c), (d) and (e) of Article I:

Provided however that the committee may in its discretion exceed this limit
of expenditure by not more than UK$10,000.00 in any particular year for the
purposes set forth in paragraphs (c) and (d) only, and provided further that the said
limit of expenditure may be further increased from time to time for the purposes
set forth in paragraphs (c) and (d) with the sanction of a resolution ofthe members
ofthe Society at a meeting of members of the Society convened upon notice in
writing of the intention to submit such a resolution of not less than 7 clear days.

(Replaced, L.N. 22164)

ARTICLE III

The committee shall have such powers and duties and shall hold such meetings
as are specified in the Ordinance, in this constitution, and in the rules.

ARTICLE IV

(1) The committee shall be composed of 7 persons, of whom one shall be
nominated by each of the following 4 Shiah companies carrying on business in
Hong Kong





Abdoolally Ebrahim & Co. (Hong Kong)
Ltd... H.T. Barma Ltd.; Kayamally Ltd.;
Tyeb & Co., Ltd.,

and 3 other persons shall be co-opted by the persons nominated by the above said
Shiah companies.

(2) The 3 persons co-opted shall hold office till the next annual general
meeting of the Society.

(3) No person shall be eligible as a member of the committee unless he is at
the time of his nomination or appointment a member of the Shiah faith.

(4) Wherever any vacancy on the committee occurs from time to time by
reason of a member of the committee dying, resigning or becoming incapable or
unwilling to act or being absent from Hong Kong for longer than 6 months then

(a)if such member is a nominee of a company referred to in paragraph (1),
the committee may require the company to nominate another person and
if such person is not nominated within one month the committee shall be
entitled to invoke the powers contained in paragraphs (6) and (7);

(b)if such member is co-opted under paragraph (1) the persons nominated by
the said Shiah companies shall have the power to co-opt another person as
may be necessary to bring the number of members of the committee to 7.

(5) Notwithstanding any vacancy in their body, the members of the
committee may exercise all powers conferred on them by the Ordinance:

Provided that should the members of the committee be reduced in number to
less than 4 those members shall exercise none of the powers conferred by the
Ordinance save those relating to the appointment of members of the committee
contained in paragraph (4) of this Article.

(6) In the event of any of the companies mentioned in paragraph (1) ceasing
to carry on business in Hong Kong the remaining nominated members of the
committee shall be entitled by resolution passed by the majority thereof to elect
another Shiah company or firm with power to nominate a member of the
committee as provided in paragraph (1).

(7) In the event of there being no other Shiah company or firm suitable for
election as provided in paragraph (6) the remaining nominated members of the
committee shall be entitled to co-opt any individual Shiah to be a member of the
committee in place of the nominee of such company or firm. and such co-opted
member of the committee shall hold office till the next annual general meeting.

(Replaced, L.N. 141186)

ARTICLE V

(1) Whenever a person is nominated or appointed as a member of the
committee under Article IV, a copy of a minute signed on behalf of the company
or firm making the nomination or a copy of a minute signed by a committee to
the effect that a person has been nominated or appointed as the case may be. shall
be sufficient for the purposes of registration of the appointment. (Replaced, L.N.
146169)

(2) The certificate of the Registrar of Companies that any person was at the
date of the certificate or had been at some previous specified date a member of the
committee shall for all purposes be conclusive evidence of that fact.

ARTICLE VI

No member of the committee or officer of the corporation (other than the
auditor, secretary and treasurer) shall be entitled to or be paid any remuneration
whatever for his services. (Amended by resolution of 12.11.73)
Originally 34 of 1954. L.N. 22/64. L.N. 146/69. 48 of 1973. L.N. 141/86. Short title. Interpretation. Schedule. Incorporation. Powers of corporation. Execution of documents. Appointment of committee and registration of particulars. Internal management. Saving. Objects of corporation. Charities and donations. Powers and duties of committee. Composition of committee. Evidence of appointment of members of committee. Appointments to be honorary.

Originally 34 of 1954. L.N. 22/64. L.N. 146/69. 48 of 1973. L.N. 141/86. Short title. Interpretation. Schedule. Incorporation. Powers of corporation. Execution of documents. Appointment of committee and registration of particulars. Internal management. Saving. Objects of corporation. Charities and donations. Powers and duties of committee. Composition of committee. Evidence of appointment of members of committee. Appointments to be honorary.

https://oelawhk.lib.hku.hk/items/show/3548

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