HONG KONG SEA CADET CORPS ORDINANCE

HONG KONG SEA CADET CORPS ORDINANCE

LAWS OF HONG KONG

HONG KONG SEA CADET CORPS ORDINANCE

CHAPTER 1134





CHAPTER 1134

HONG KONG SEA CADET CORPS

To provide for the incorporation of the Area Committee of the Hong
Kong Sea Cadet Corps andfor matters connected therewith.

PART I

PRELIMINARY

1. This Ordinance may be cited as the Hong Kong Sea Cadet Corps
Ordinance and shall come into operation on a day to be appointed by
the Governor by notice in the Gazette.

2. (1) In this Ordinance, unless the context otherwise requires

'Area Committee' means the Area Committee of the Hong Kong Sea
Cadet Corps incorporated under section 3;

'constitution- means the constitution referred to in section 7;

'Corps' means the Hong Kong Sea Cadet Corps.

PART II

ESTABLISHMENT AND MANAGEMENT
3. The Area Committee of the Hong Kong Sea Cadet Corps shall in that
name be a body corporate with perpetual succession and
shall be capable of suing and being sued.

4. (1) The Area Committee shall have a common seal and the
affixing of the seal shall

(a)be authorized or ratified by resolution of the Area Committee;
and

(b) be authenticated by-

(i) the signature of the Chairman or the Deputy Chairman of
the Area Committee; and

(ii) the signature of a member of the Area Committee
authorized either generally or specially to act for that purpose.

(2) Any document purporting to be duly executed under the seal of
the Area Committee shall be received in evidence and shall, until the
contrary is proved, be deemed to be duly executed.

5. The objects of the Area Committee are-

(a) to organize, supervise and equip the Corps;





(b)to promote the recreational, social and educational welfare
of youth in Hong Kong;

(c)to provide nautical and other beneficial training of youth
in Hong Kong; and

(d)such other objects, whether ancillary and incidental to the
objects specified in paragraphs (a) and (b) or not, as the
Area Committee may decide to promote for the benefit of
youth in Hong Kong.

6. (1) The Area Committee shall have power to do all
such things as are necessary for, or incidental or conducive to, or
connected with, the better carrying out of its objects, and, in par-
ticular, but without prejudice to the generality of the foregoing,
may-

(a)acquire, take on lease, purchase, hold and enjoy any
property and sell, mortgage. charge, let or otherwise dis-
pose of or deal with the same;

(b) enter into any contract:

(c)erect, provide, equip. maintain, alter, remove, demolish,
replace, enlarge, improve. keep in repair and regulate
its buildings. premises. furniture, equipment and other
property;

(d)provide appropriate amenities (including residential accom-
modation and facilities for social activities and physical
recreation) for members and staff of the Corps;

(c) employ staff. advisers and consultants;

(f) receive and expend funds;

(g)invest its funds in such manner and to such extent as it
thinks appropriate or expedient,

(h)borrow money in such manner and on such securities or
terms as it thinks appropriate or expedient;

(i)apply for and receive any grant in aid for its objects on
such conditions as it thinks appropriate or expedient;

(j)solicit and receive gifts, whether on trust or otherwise, and
act as trustees of any money or other property vested in it
as trustees.

(2) The Area Committee may delegate all or any of its powers
to any person or committee of persons.

7. (1) The office-bearers and members of the Area Com-
mittee at the commencement of this Ordinance shall be. respectively,
the office-bearers and members of the association known as the Area
Committee of the Hong Kong Sea Cadet Corps immediately before
the commencement of this Ordinance and, thereafter, the office-
bearers and members of the Area Committee shall be those persons





who are office-bearers and members of the Area Committee in
accordance with its constitution.

(2) The constitution of the association known as the Area
Committee of the Hong Kong Sea Cadet Corps in operation immediately
before the commencement of this Ordinance shall be the constitution of
the Area Committee.

(3) The constitution of the Area Committee may be amended by
the Area Committee at any time and from time to time in accordance
with the provisions of the constitution for the time being in force.

(4) It shall not be necessary to publish the constitution or any
amended constitution in the GaZette.

8. Subject to its constitution, the Area Committee may conduct its
proceedings and govern its internal management as it thinks fit.

9. On the commencement of this Ordinance-

(a)all that piece or parcel of ground specified in the Schedule,
together with all rights, easements and appurtenances thereto
belonging, shall vest in the Area Committee without any
conveyance or assignment for the unexpired residue of the
term of years created by the Crown lease and Conditions of
Grant specified in the Schedule, subject to the payment of the
rent and performance of the covenants and conditions
reserved by and contained in the said Crown lease and
Conditions of Grant and subject also to such mortgages,
charges, leases, tenancies and other agreements, if any, and
upon such trusts, conditions and stipulations, if any, as may
be subsisting in relation to such premises on the
commencement of this Ordinance; and

(b)the Area Committee shall succeed to all other property, rights,
privileges, obligation and liabilities of the trustees for the time
being of the association known as the Area Committee of the
Hong Kong Sea Cadet Corps.

10. (1) Within 30 days after the commencement of this Ordinance,
the Chairman of the Area Committee shall deliver to the Registrar of
Companies for registration

(a) a notice of the address of the Area Committee;

(b) separate lists containing the names and addresses of(i) the
office-bearers of the Area Committee; and (ii) the members
of the Area Committee;

(c) a copy of the constitution certified by him as a true copy.

(2) Within 30 days after the constitution has been amended at any
time under section 7(3), the Chairman of the Area Committee





shall deliver to the Registrar of Companies for registration a copy of the
constitution as amended, certified by the Chairman of the Area
Committee as being a true copy.

(3) Within 30 days after any change in any of the particulars
required by subsection (1)(a) or (b) to be delivered to the Registrar of
Companies, the Chairman of the Area Committee shall deliver notice of
the change to the Registrar of Companies for registration.

(4) Any person may inspect any of the documents registered under
this section, upon payment of such fee as may be prescribed under
section 304(1A) of the Companies Ordinance for the inspection of a
document.

(5) The Area Committee shall pay such fee for registering any
document under this section as may be specified in the Eighth Schedule
to the Companies Ordinance as if the Area Committee were a company
not having a share capital.

PART III

MISCELLANEOUS

11. No person other than the Area Committee or a person
authorized by the Area Committee. shall distribute or sell or expose for
sale

(a)any badge, token or emblem specifically adopted by the Area
Committee for use by members of the Area Committee or the
Corps; or

(b)any badge, token or emblem containing the words---SEA
CADET CORPS', any badge, token or emblem referred to in
paragraph (a) or the Chinese characters

' or

12. No person shall, except with the authority of the Area
Committee or with other lawful authority or lawful excuse, have in his
possession

(a)any badge, token or emblem specifically adopted by the Area
Committee for use by members of the Area Committee or the
Corps; or

(b)any badge, token or emblem containing the words 'SEA
CADET CORPS', any badge, token or emblem referred to in
paragraph (a) or the Chinese characters
or .

13. No person shall without lawful authority or excuse have in his
possession

(a)any device which so closely resembles any badge, token or
emblem specifically adopted by the Area Committee, for use
by members of the Area Committee or the Corps as to





lead to the belief that the device in question is such badge,
token or emblem; or

(b)any badge, token or emblem containing any words or
characters so closely resembling any words or characters
ordinarily used to describe any members of the Area
Committee or the Corps as to be calculated to deceive or
mislead.

14. No member of the Area Committee or the Corps shall, by virtue
of his wearing, carrying or bearing any badge, token or emblem of the
Area Committee or the Corps or otherwise attempt to enforce or exercise
authority otherwise than in accordance with the constitution.

15. (1) No person shall knowingly form or work in connexion with
or be a member of any organization which, without authority from the
Area Committee, claims or purports to be Sea Cadets. or any
organization, other than the Area Committee or the Corps, which uses
the title of Sea Cadets or the Chinese characters or
or any title in any language, with

or without additional words or characters, which so closely resem-
bles either of the two said titles as to be calculated to deceive or
mislead, or any organization which. by the use of any such title or
otherwise, without due authority purports or claims to be connected
with the Area Committee or the Corps or with the Sea Cadet Corps
incorporated in England by Royal Charter.

(2) No person shall, without the consent of the Governor,
knowingly form or work in connexion with or be a member of any
organization, other than the Area Committee or the Corps, which carries
on or is intended to carry on any work of a similar nature to that carried
on by the Area Committee.

16. Any person who contravenes any of the provisions of section
11, 12, 13, 14 or 15 commits an offence and is liable to a fine of $5,000.

17. 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. 9.1

All that piece or parcel of ground situated at Tsam Chuk Wan, Sai Kung, New
Territories and registered in the District Office Sai Kung as Lot No. 611 in
Demarcation District No. 256 together with the buildings erected thereon as the
same is held from the Crown under and by virtue of the Conditions registered in
the Sai Kung District Office as New Grant No. 6309.
Originally 75 of 1983 Short title and commencement Interpretation Incorporation of Area Committee Seal Objects of the Area Committee Powers of the Area Committee Office-bearers and members Procedure Vesting or rights property, etc. Schedule Particular to be delivered to Registrar of Companies Distribution of badges etc Unauthorized possession of badges Possession of unauthorized badges Wrongful exercise of authority Unauthorized bodies Penalties Saving

Originally 75 of 1983 Short title and commencement Interpretation Incorporation of Area Committee Seal Objects of the Area Committee Powers of the Area Committee Office-bearers and members Procedure Vesting or rights property, etc. Schedule Particular to be delivered to Registrar of Companies Distribution of badges etc Unauthorized possession of badges Possession of unauthorized badges Wrongful exercise of authority Unauthorized bodies Penalties Saving

https://oelawhk.lib.hku.hk/items/show/3612

1964

v27

1134

6