CARITAS - HONG KONG INCORPORATION ORDINANCE

CARITAS - HONG KONG INCORPORATION ORDINANCE

LAWS OF HONG KONG

CARITAS -HONG KONG INCORPORATION
ORDINANCE

CHAPTER 1092





CHAPTER 1092
CARITAS-HONG KONG INCORPORATION ORDINANCE

ARRANGEMENT OF SECTIONS

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

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

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

3. Incorporation...................1 ...... ... ... ... ... ... ...
3

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

5. Vesting of property, etc . ...... 1 . ..... ... ... ... ... ... ... ... 4

6. Constitution ............................ ... ... ... ... 5

7. Registration with Registrar of Companies ... ... ... ... ... ... ... 5

8. Execution of documents .................. ... ... ... .... ... ... .. 1
6

9. Prohibition of use and possession of emblem etc . ... ... .... ... ... ... 6

10.........Offences .................. .... ... ... ... ... ... ... ... 6
11.........Savings .............. .. ... ... ... 6

First Schedule. Properties vested ............. ... ... ... ... ... ... ... ... 6

Second Schedule. Emblem of the Corporation..... ... ... ... ... ... ... ... ... 7





CHAPTER 1092

CARITAS-HONG KONG INCORPORATION

To provide for the incorporation of the Council of Caritas-Hong Kong
andfor purposes connected therewith.

[13 November 1991.1

WHEREAS

(1)Caritas-Hong Kong was established on 16 June 1958 by
Bishop Bianchi, the then Bishop of the Roman Catholic
Church in Hong Kong, as the official social welfare bureau of
the Roman Catholic Church in Hong Kong:

(2)Since that date there has been an immense increase in the
functions, work and activities of Caritas-Hong Kong, and it is
now the official social service agency of the Roman Catholic
Church in Hong Kong:

(3)Caritas-Hong Kong is now operated by and under the control
of a Council appointed by the Roman Catholic Bishop of Hong
Kong and acting under a constitution determined by him in an
instrument under his hand and seal dated the 7th day of
September 1981:

(4)Since 1964 Caritas-Hong Kong has been using on its
stationery, on posters and other publicity, promotional and
commemorative material, on badges, on articles of clothing,
and on its property a distinctive emblem which has become
well-known to the public as being the emblem of Caritas-Hong
Kong:

(5)It is considered expedient that the Council of CaritasHong
Kong should be incorporated, and that the unauthorized use
of the name Caritas or of any emblem or device similar to the
emblem of Caritas-Hong Kong should be prohibited:

1. This Ordinance may be cited as the Caritas-Hong Kong
Incorporation Ordinance.

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

'constitution' means the constitution of the corporation for the time
being in force;

'corporation' means the body incorporated by section 3;

'functions' includes work and activities;

',objects' means the general purposes, aims and objects of the
corporation as stated in its constitution;

'President' means the President of the corporation;

'unincorporated Caritas-Hong Kong' means Caritas-Hong Kong prior
to the commencement of this Ordinance.





3. The Council of Caritas-Hong Kong for the time being shall be a
body corporate, and shall have the name of 'CaritasHong Kong', and
shall in that name have perpetual succession and may sue and be sued
in all courts in Hong Kong and shall have and may use a common seal.

4. Subject to any restriction imposed by law. the corporation may
du all such things as are calculated to facilitate, or as ale incidental or conducive to,
the carrying out of its objects, and may in particular, but without
prejudice to the generality of the foregoing

(a)acquire by purchase, lease or otherwise, and take, hold, enjoy
and possess, any property, movable or immovable, whether
situated in Hong Kong or elsewhere;

(b)either alone or jointly with other persons develop, redevelop
and turn to account any immovable property acquired by the
corporation or in which the corporation is interested, in
particular, by demolishing, constructing, reconstructing,
renewing, repairing, altering, fitting up and improving
buildings, by laying out and preparing land for building
purposes, by letting land on building leases, and by entering
into building agreements, and for such purposes to apply to
any tribunal or court or authority for any order, licence,
permission or exemption required therefor;

(c)invest moneys on deposit with any bank, or upon mortgage
of immovable property in Hong Kong, or in debentures,
debenture stocks, stocks, funds, shares or securities of any
government, corporation or company, or in such other
investment as the corporation may think fit;

(d)borrow money in such manner and upon such terms as the
corporation may think fit, and for that purpose mortgage
charge or pledge all or any part of the property of the
corporation;

(e)grant, sell, convey, assign, transfer, exchange, partition,
surrender, yield up, charge, mortgage, pledge, reassign,
release, demise, let or otherwise dispose of, any of the
property, movable or immovable, for the time being vested in
or belonging to the corporation, upon such terms as the
corporation may think fit;

raise money by private or public subscription, or otherwise, in
particular, by organizing the collection of money or the sale of
badges in public places, by promoting and conducting
lotteries, and by organizing balls, dinners, entertainments,
sporting events, and other functions of any nature
whatsoever;

(g)accept donations, grants or subsidies from any persons or
Government authority or other body or organization, and in
particular accept any gift of property, whether subject to any
special trust or not, for the benefit of the corporation;





(h)undertake and execute any trusts which may seem directly or
indirectly conducive to the carrying out of any of the objects
of the corporation;

(i) enter into any contract and any deed of covenants;

(j)appoint such administrative, professional and other officers
and staff as the corporation deems necessary for the efficient
discharge of its functions upon such conditions as it thinks fit;

(k)establish, support and subscribe to provident funds and
pension, retirement and similar schemes for the benefit of
employees of the corporation and their dependants, and grant
and pay pensions, allowances or gratuities to, and otherwise
aid, support or assist, any such persons;

(1)print and publish any periodicals, books, booklets, leaflets or
other written material that the corporation may think desirable
for the promotion of its objects; and

(m)subscribe to any local and other charities and grant donations
for any charitable purpose.

5. (1) On the commencement of this Ordinance -all those pieces or
parcels of ground specified in the second column of the First Schedule,
together with all rights, easements and appurtenances thereto belonging,
shall vest in the corporation for the unexpired residues of the respective
terms of years created by the Crown Leases or Conditions of Grant
specified in the third column of the First Schedule opposite each such
piece or parcel, subject to. the payment of the rent and the performance
and observance of the covenants and conditions reserved by and
contained in the said Crown Leases and Conditions of Grant, and subject
to such leases, tenancies, easements and other rights as may be
subsisting in relation to the premises upon the commencement of this
Ordinance.

(2) On the commencement of this Ordinance-

(a)all goods, chattels, equipment, vehicles, vessels and other
movable assets,

(b)all moneys, bank balances and fixed deposits, and utility and
other deposits,

(c) all investments and securities of whatsoever nature,

which immediately prior to the commencement of this Ordinance, though
belonging to the Roman Catholic Church of Hong Kong were
appropriated by the Bishop thereof for, and held or used or under the
control of the Council of the unincorporated CaritasHong Kong for, or
which immediately prior to the commencement of this Ordinance were
held by the said Bishop in trust for, the objects of the unincorporated
Caritas-Hong, Kong shalt be transferred to and vested in or held in trust
for the corporation.





(3) All contractual and other rights exercisable or enforceable by
or on behalf of the unincorporated Caritas-Hong Kong prior to the
commencement of this Ordinance shall on the commencement thereof
be exercisable and enforceable by the corporation.

(4) On the commencement of this Ordinance the corporation shall
become liable for all debts and liabilities and for the performance of all
contractual and other obligations of the unincoporated Caritas-Hong
Kong incurred prior to the commencement of this Ordinance.

(5) The appointment of any employee of the unincorporated
Caritas-Hong Kong subsisting immediately before the commencement
of this Ordinance shall be deemed to have been made by the
corporation, and for all purposes the service of such employee shall be
regarded as continuous from the date on which he was appointed by
the unincorporated Caritas-Hong Kong.

6. (1) The existing constitution of the unincorporated Caritas-Hong
Kong shall be the constitution of the corporation.

(2) The constitution of the corporation may be amended at any
time and from time to time in accordance with its provisions for the time
being in force.

7. (1) The corporation shall forward to the Registrar of Companies
for registration the following

(a)a copy of its constitution and any amendment thereto certified
as correct by the President;

(b)notice of the address of its principal office and any change
thereof., and

(c)a list of the names, occupations and addresses of the members
of the corporation and any change therein, certified as correct
by the President.

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

(3) The corporation shall pay such fee for registering any
document under this section as shall be specified in the Eighth
Schedule to the Companies Ordinance for the registration of a
document of a company not having a share capital.

(4) Any person may inspect any of the documents registered under
subsection (1) on payment of such fee as shall be prescribed under
section 304(1 A) of the Companies Ordinance for inspecting a
document.

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





8. (1) All deeds, documents and other instruments requiring the seal of
the corporation shall be sealed in the presence of two members of the
corporation and signed by those members.

(2) Any deed, document or instrument purporting to be a deed,
document or instrument duly executed under the seal of the corporation
shall be received in evidence and shall, unless the contrary is proved, be
deemed to be duly so executed.

9. No person shall, without the authority of the corporation or other
lawful excuse, use or have in his possession

(a)the emblem of the corporation, which emblem is portrayed in
the Second Schedule, or any copy or replica of such emblem;

(b)any title, emblem or device containing the words
'CaritasHong Kong' or the equivalent Chinese words

or

(c)any title, emblem or device which so closely resembles the title
or emblem or any device of the corporation as to be capable of
being mistaken for such title, emblem or device.

10. Any person who contravenes section 9 shall be guilty of an
offence and shall be liable on conviction to a fine of $1,000.

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.

FIRST SCHEDULE [s. 5.]

Item Description qf Property Held Under
1. Inland Lot No. 7920 Conditions of Grant No. 7455
2. Chai Wan Inland Lot No. 77 Conditions of Grant No. 10760
3. Kowloon Inland Lot No. 9825 Conditions of Grant No. 9948 as
modified by Modification Letter
dated 15 December 1979 and
registered in the Land Office by
Memorial No. 1806155
4. New Kowloon Inland Lot No. 4715 Crown Lease dated 22 November
1969
5. New Kowloon Inland Lot No. 5542 Conditions of Grant No. 10638
6. Sha Tin Town Lot No. 20 Conditions of New Grant No.
11208
7. Lot No. 1562 in Demarcation Conditions of New Grant No.
District No. 82 in the New 10274
Territories
8. Tuen Mun Town Lot No. 111 Conditions of New Grant No. 2203
and Extension thereto and Letter of Extension dated 28
April 1980 and registered in the
Tuen Mun District Land Office by
Memorial No. 197963





Item Description of Properly Held Under
9. Lot No. 2121 in Demarcation Conditions of New Grant No. 3850
District No. 449 in the New and Letter of Extension dated 25
Territories and Extension thereto October 1968 and registered in the
Tsuen Wan District Land Office by
Memorial No. 82418
10. Lot No. 349 in Demarcation Conditions of New Grant No. 4742
District No. 224 in the New
Territories

SECOND SCHEDULE [5. 9.]
Originally 73 of 1981. Preamble. Short title. Interpretation. Incorporation. Powers of the Corporation. Vesting of property, etc. First Schedule. Constitution. Registration with Registrar of Companies. (Cap. 32.) (Cap. 32.) Execution of documents. Prohibition of use and possession of emblem etc. Second Schedule. Offences. Savings. [s. 9.]

Originally 73 of 1981. Preamble. Short title. Interpretation. Incorporation. Powers of the Corporation. Vesting of property, etc. First Schedule. Constitution. Registration with Registrar of Companies. (Cap. 32.) (Cap. 32.) Execution of documents. Prohibition of use and possession of emblem etc. Second Schedule. Offences. Savings. [s. 9.]

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