TUNG WA HOSPITAL INCORPORATION ORDINANCE, 1870
Title
TUNG WA HOSPITAL INCORPORATION ORDINANCE, 1870
Description
ORDINANCE No.1 OF 1870.
Tung Wa Hospital Incorporation Ordinance, 1870.
AN ORDINANCE for establishing a Chinese Hopital to be sup-
ported by Voluntary Contributions and for erecting the same
into an Eleemosynary Corporation.
[30th Marth, 1870.] WHEREAS it has been proposed by the Governor, His Excellency
Sir Richard Graves MacDonnel, to found a Chinese hospital for
the care and treatment of the indigent sick, to be supported by voluntary
contributions; and whereas Her Majesty Queen Victoria has been gra-
ciously please, by way of endowment of the said hospital, to grant a
piece of Crown lands as a site for the erection thereof, and also to
authorize the payment out of the public funds of the Colony of a donation
of fifteen thousand dollars towards the cost and expenses of erecting and
maintaining the same; and wheras the several persons whose names
are mentioned in the Schedule to this Ordinance are donors to the funds
of the said intended hospital, and have fomred themselves into a com-
mittee for the purpose of carrying out the objects aforesaid; and
whereas, for the better accomplishment thereof, they have applied to the
Governor to grant to them an Ordinance of incorporation, which the
Governor has consented to do, under and subject to the conditions and
provisions hereinafter contained:
BE it therefore enacted by the governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Tung Was Hospital Incorporation
Ordinance, 1870.
2. The said several persons whose names are mentioned in the
Schedule to this Ordinance, together with such and so many other
persons(being of Chinese origin)as may from time to time become
donors of any sum not under ten dollars to the funds of the said hospital
and whose names are entered upon the register of member hereinafter
provided, shall be one body politic and corporate, in name and in deed,
by the name of 'The Tung Was Hospital,' with perpetual succession
and a common seal, and with power to purchases, hold, take, and enjoy,
to themselves and their successors, all houses, buildings, lands, and
liereditaments which they may require for the purposes of the said
hospital; and shall and may sue and be sued in their corporate name in
all courts, whether of Law or of Equity.
3. The corporation is erected for the purpose of establishing and
maintaining a public free hospital for the treatment of the indigent sick
among the Chinese population, and is to be supported by voluntary con-
tributions and governed by a board of direct: Provided, nevertheless,
that it shall be lawful for the board of direction to admit any Chinese
patients into the said hospital on payment of such charges and on such
conditions as may be specified in and by any regualtions to be hereafter
made in that behalf under section 10.
4.-(1) For the first two years after the commencement of this
Ordinance, the board of direction shall consist of several persons
whose names are mentioned in the Schedule to this Ordinance.
(2) In case any such person dies, or desires to be relieved of his
duties or ceases to reside within the Colony before the expiration of the
said term, it shall be lawful for the Governor-in-Council to appoint in
his stead some other fit person to be a member of the the said board, during
the residue of the said term.
5. All the provisions of this Ordinance relating to the permanent board
of direction to be hereaftef elected by the members of the corporation,
and all the powers and authorities thereby vested in such board, shall,
so far as the case permits, be deemed to apply to and shall be vested in
the preliminary board of direction appointed under this Ordinance.
6.-(1) at the expiration of the said term of two years, a permanent
board of direction shall be formed, consisting of not less than six and
not more than twelve members of the corporation, to be elected as
hereinafter mentioned, who shall from time to time appoint one of their
body to be president.
(2) Every member of the said board shall hold office for the term of
one year only, but shall be re-eligible at the expiration thereof.
7.-(1) The members of the said board shall be elected from time to
time as occasion may require, by a majority of votes of members of the
corporation who are within the Colony at the time of such election.
(2) Every such member of the corporation shall, until otherwise
provided by any regulation to be hereafter made under section 10, be
entitled to one vote only.
8. the board of direction shall, subject to the provisions of this
Ordinance, have full power and authority generally to govern, direct,
and decide and meatters whatsoever conneted with the administration of
the affairs of the corporation and the accomplishment of the object and
purposes thereof, and may appoint a board of management consisting
of so many members of the coporation as they may think fit, who shall,
under such regulations as may from time to time be made by the board
of direction in that behalf, undertake and exercise the immediate super-
vision and management of the hospital.
9. the board of direction shall have pwoever, with the consent of the
Governor-in-Council, to change or vary the corporate name an the
common seal of the corporation, and the amound of the donation to the
funds of the hospital hereinbefore prescribed as a qualification for
becoming a member thereof, and the term of office of members of the
board of direction, and also may, for reasonable cause and with such
consent as aforsaid, refuse to admit any person as a member of the corporation, or may expel any existign member and cause his name to
be erased from the register.
10. The board of direction shall have power to make regulations for
their procedure in the transaction of business and the maintenance of
good order at their emetings, for the mode of voting for the election of
members of the board of direction and the appointment of the president
thereof, for the guidance of the board of management, and generally for
all matters relating to the administration and discipline of the hospital:
Provided always that a copy of such regulations shall from time to time
be furnihsed to the Colonial Secretary, and every such regulation shall
be subject to disallowance at any time by the Governor-in-Council.
11. All questions which may arise at any meeting of the board of
direction shall be decided by a majority of votes, and, in case of an
equality of votes, the prsident, in addition to his original vote, shall ahve
a casting vote.
12. In case any doubt or ambiguity arises and any controversy takes
place among the members of the board of direction as to the inter-
pretation of this Ordianance, the same shall be referred to the governor-
in-Council, whose decision thereon shall be final.
13.-(1) The preliminary board of direction appointed under this
Ordinance shall, with all convenient despatch after the commencement
thereof, proceed to elect a president, and shall cause all buildings and
wokrs required for the purposes of the said hospital to be erected and
executed out of the funds of the corporation upon the site granted by
Her Majesty as aforesaid.
(2) The members of the said board shall continue to hold office pro-
visionally after the expiration of the said term of two years, until the
permanent borad of direction have been elected under the provisions
hereinbefore contained.
14. the hospital and all buildings and premises of the corporation
shall be open at all reasonable times to the inspection of the Registrar
General, of the Colonial Surgeon, and of any other person whom the
Governor may appoint in that behalf.
15. The board of direction shall-
(1). cuse a register to be kept in which every person desiring to
become a member of the corporation and being duly qualified shall,
subject to the provisions of section 9, be entitled to have his name
inscribed;
(2) cause proper books of account to be kept, which shall be open at
all reasonable times to the inspection of members of the corpora-
tion and of any person whom the Governor-in Council may appoint
in that behalf; and,
(3) within one month after the expiration of every year of the Chinese
calendar, trasmit to the Colonial Secretary a true statement of the
assets and liabilities of the corporation and an account of its re-
ecipts and disbursements during the previous year, and such stae-
ment shall, if required, be verified upon oath or by declaration
before a Justice of the Peace by two members of the board.
16. In case it is any time shown, to the satisfaction of the Governor-
in-Council, that the corporation has ceased, or neglected, or failed to
carry out in a proper manner the object and purposes of the Ordinance
or to fulfil the conditions thereof, or that sufficient funds cannot be
obtained by voluntary contributions to defray the necessary expenses of
maintaining the said hospital, or that the corporation is unalbe for any
reason to pay its debts, it shall be lawful for the Governor, with the
advice of the Legislative Coouncil of the colony, by an Ordinance to be
passed for that purpose, to repeal this Ordinance and to declare that the
incorporation hereby granted shall cease and determin and become
absolutely void: Provided always that six months' notice of the Gov-
ernot's intention to pass such an Ordinance shall be previously given to
the corporation.
17. In case the incorporation heereby granted ceases under the pro-
visions of the last preceding section, all the property and assets of the
corporation shall become vested in the Crown, subject to the rateable
payment thereout of the just dbts and liabilities of the corporation, to
the extent of such propety and assets and in such manner as may be
provided by the repealing Ordinance or by any order to be made in that
behalf by the governor-in-Council.
SCHEDULE.
ORIGINAL DONORS AND PRELIMINARY BOARD OF DIRECTION.
Leung Hok CVhau,
Ho Fi In,
Li Yuk Hang,
Ng Chan Yeung,
Lo Lu Ki,
Tsoi Lung Chi,
Chan Sui Nam,
Chan Thing Chi,
Wong Shing,
Yeung King Shek,
Ko Mun Wo,
Tang Kam chi,
A.D. 1870. Ordinance No. 3 of 1870. See also Ordinance No. 1 of 1900. Short title. Grant of incorporation to certain persons as the Tung Wa Hospital. Schedule. Object and purpose of incorporation. Preliminary board of direction. Schedule. Powers to preliminary board of direction. Permanent board of direction. Election of members of board. General powers of board, appointment of board of management, etc. Special powers to be exercised by board, with consent of Governor-in-Council. Making of regulations. Decision of questions at meetings of board. Decision of questions as to interpretation of the Ordinance. Erection of hospital. Right of inspection of hospital by certain public officers. Keeping of register of members, books of account, etc. Provision for repeal of the Ordinance in certain cases. Disposal of property of corporation in case of repeal of the Ordinance. Sections 2 and 4.
Tung Wa Hospital Incorporation Ordinance, 1870.
AN ORDINANCE for establishing a Chinese Hopital to be sup-
ported by Voluntary Contributions and for erecting the same
into an Eleemosynary Corporation.
[30th Marth, 1870.] WHEREAS it has been proposed by the Governor, His Excellency
Sir Richard Graves MacDonnel, to found a Chinese hospital for
the care and treatment of the indigent sick, to be supported by voluntary
contributions; and whereas Her Majesty Queen Victoria has been gra-
ciously please, by way of endowment of the said hospital, to grant a
piece of Crown lands as a site for the erection thereof, and also to
authorize the payment out of the public funds of the Colony of a donation
of fifteen thousand dollars towards the cost and expenses of erecting and
maintaining the same; and wheras the several persons whose names
are mentioned in the Schedule to this Ordinance are donors to the funds
of the said intended hospital, and have fomred themselves into a com-
mittee for the purpose of carrying out the objects aforesaid; and
whereas, for the better accomplishment thereof, they have applied to the
Governor to grant to them an Ordinance of incorporation, which the
Governor has consented to do, under and subject to the conditions and
provisions hereinafter contained:
BE it therefore enacted by the governor of Hongkong, with the advice
of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Tung Was Hospital Incorporation
Ordinance, 1870.
2. The said several persons whose names are mentioned in the
Schedule to this Ordinance, together with such and so many other
persons(being of Chinese origin)as may from time to time become
donors of any sum not under ten dollars to the funds of the said hospital
and whose names are entered upon the register of member hereinafter
provided, shall be one body politic and corporate, in name and in deed,
by the name of 'The Tung Was Hospital,' with perpetual succession
and a common seal, and with power to purchases, hold, take, and enjoy,
to themselves and their successors, all houses, buildings, lands, and
liereditaments which they may require for the purposes of the said
hospital; and shall and may sue and be sued in their corporate name in
all courts, whether of Law or of Equity.
3. The corporation is erected for the purpose of establishing and
maintaining a public free hospital for the treatment of the indigent sick
among the Chinese population, and is to be supported by voluntary con-
tributions and governed by a board of direct: Provided, nevertheless,
that it shall be lawful for the board of direction to admit any Chinese
patients into the said hospital on payment of such charges and on such
conditions as may be specified in and by any regualtions to be hereafter
made in that behalf under section 10.
4.-(1) For the first two years after the commencement of this
Ordinance, the board of direction shall consist of several persons
whose names are mentioned in the Schedule to this Ordinance.
(2) In case any such person dies, or desires to be relieved of his
duties or ceases to reside within the Colony before the expiration of the
said term, it shall be lawful for the Governor-in-Council to appoint in
his stead some other fit person to be a member of the the said board, during
the residue of the said term.
5. All the provisions of this Ordinance relating to the permanent board
of direction to be hereaftef elected by the members of the corporation,
and all the powers and authorities thereby vested in such board, shall,
so far as the case permits, be deemed to apply to and shall be vested in
the preliminary board of direction appointed under this Ordinance.
6.-(1) at the expiration of the said term of two years, a permanent
board of direction shall be formed, consisting of not less than six and
not more than twelve members of the corporation, to be elected as
hereinafter mentioned, who shall from time to time appoint one of their
body to be president.
(2) Every member of the said board shall hold office for the term of
one year only, but shall be re-eligible at the expiration thereof.
7.-(1) The members of the said board shall be elected from time to
time as occasion may require, by a majority of votes of members of the
corporation who are within the Colony at the time of such election.
(2) Every such member of the corporation shall, until otherwise
provided by any regulation to be hereafter made under section 10, be
entitled to one vote only.
8. the board of direction shall, subject to the provisions of this
Ordinance, have full power and authority generally to govern, direct,
and decide and meatters whatsoever conneted with the administration of
the affairs of the corporation and the accomplishment of the object and
purposes thereof, and may appoint a board of management consisting
of so many members of the coporation as they may think fit, who shall,
under such regulations as may from time to time be made by the board
of direction in that behalf, undertake and exercise the immediate super-
vision and management of the hospital.
9. the board of direction shall have pwoever, with the consent of the
Governor-in-Council, to change or vary the corporate name an the
common seal of the corporation, and the amound of the donation to the
funds of the hospital hereinbefore prescribed as a qualification for
becoming a member thereof, and the term of office of members of the
board of direction, and also may, for reasonable cause and with such
consent as aforsaid, refuse to admit any person as a member of the corporation, or may expel any existign member and cause his name to
be erased from the register.
10. The board of direction shall have power to make regulations for
their procedure in the transaction of business and the maintenance of
good order at their emetings, for the mode of voting for the election of
members of the board of direction and the appointment of the president
thereof, for the guidance of the board of management, and generally for
all matters relating to the administration and discipline of the hospital:
Provided always that a copy of such regulations shall from time to time
be furnihsed to the Colonial Secretary, and every such regulation shall
be subject to disallowance at any time by the Governor-in-Council.
11. All questions which may arise at any meeting of the board of
direction shall be decided by a majority of votes, and, in case of an
equality of votes, the prsident, in addition to his original vote, shall ahve
a casting vote.
12. In case any doubt or ambiguity arises and any controversy takes
place among the members of the board of direction as to the inter-
pretation of this Ordianance, the same shall be referred to the governor-
in-Council, whose decision thereon shall be final.
13.-(1) The preliminary board of direction appointed under this
Ordinance shall, with all convenient despatch after the commencement
thereof, proceed to elect a president, and shall cause all buildings and
wokrs required for the purposes of the said hospital to be erected and
executed out of the funds of the corporation upon the site granted by
Her Majesty as aforesaid.
(2) The members of the said board shall continue to hold office pro-
visionally after the expiration of the said term of two years, until the
permanent borad of direction have been elected under the provisions
hereinbefore contained.
14. the hospital and all buildings and premises of the corporation
shall be open at all reasonable times to the inspection of the Registrar
General, of the Colonial Surgeon, and of any other person whom the
Governor may appoint in that behalf.
15. The board of direction shall-
(1). cuse a register to be kept in which every person desiring to
become a member of the corporation and being duly qualified shall,
subject to the provisions of section 9, be entitled to have his name
inscribed;
(2) cause proper books of account to be kept, which shall be open at
all reasonable times to the inspection of members of the corpora-
tion and of any person whom the Governor-in Council may appoint
in that behalf; and,
(3) within one month after the expiration of every year of the Chinese
calendar, trasmit to the Colonial Secretary a true statement of the
assets and liabilities of the corporation and an account of its re-
ecipts and disbursements during the previous year, and such stae-
ment shall, if required, be verified upon oath or by declaration
before a Justice of the Peace by two members of the board.
16. In case it is any time shown, to the satisfaction of the Governor-
in-Council, that the corporation has ceased, or neglected, or failed to
carry out in a proper manner the object and purposes of the Ordinance
or to fulfil the conditions thereof, or that sufficient funds cannot be
obtained by voluntary contributions to defray the necessary expenses of
maintaining the said hospital, or that the corporation is unalbe for any
reason to pay its debts, it shall be lawful for the Governor, with the
advice of the Legislative Coouncil of the colony, by an Ordinance to be
passed for that purpose, to repeal this Ordinance and to declare that the
incorporation hereby granted shall cease and determin and become
absolutely void: Provided always that six months' notice of the Gov-
ernot's intention to pass such an Ordinance shall be previously given to
the corporation.
17. In case the incorporation heereby granted ceases under the pro-
visions of the last preceding section, all the property and assets of the
corporation shall become vested in the Crown, subject to the rateable
payment thereout of the just dbts and liabilities of the corporation, to
the extent of such propety and assets and in such manner as may be
provided by the repealing Ordinance or by any order to be made in that
behalf by the governor-in-Council.
SCHEDULE.
ORIGINAL DONORS AND PRELIMINARY BOARD OF DIRECTION.
Leung Hok CVhau,
Ho Fi In,
Li Yuk Hang,
Ng Chan Yeung,
Lo Lu Ki,
Tsoi Lung Chi,
Chan Sui Nam,
Chan Thing Chi,
Wong Shing,
Yeung King Shek,
Ko Mun Wo,
Tang Kam chi,
A.D. 1870. Ordinance No. 3 of 1870. See also Ordinance No. 1 of 1900. Short title. Grant of incorporation to certain persons as the Tung Wa Hospital. Schedule. Object and purpose of incorporation. Preliminary board of direction. Schedule. Powers to preliminary board of direction. Permanent board of direction. Election of members of board. General powers of board, appointment of board of management, etc. Special powers to be exercised by board, with consent of Governor-in-Council. Making of regulations. Decision of questions at meetings of board. Decision of questions as to interpretation of the Ordinance. Erection of hospital. Right of inspection of hospital by certain public officers. Keeping of register of members, books of account, etc. Provision for repeal of the Ordinance in certain cases. Disposal of property of corporation in case of repeal of the Ordinance. Sections 2 and 4.
Abstract
A.D. 1870. Ordinance No. 3 of 1870. See also Ordinance No. 1 of 1900. Short title. Grant of incorporation to certain persons as the Tung Wa Hospital. Schedule. Object and purpose of incorporation. Preliminary board of direction. Schedule. Powers to preliminary board of direction. Permanent board of direction. Election of members of board. General powers of board, appointment of board of management, etc. Special powers to be exercised by board, with consent of Governor-in-Council. Making of regulations. Decision of questions at meetings of board. Decision of questions as to interpretation of the Ordinance. Erection of hospital. Right of inspection of hospital by certain public officers. Keeping of register of members, books of account, etc. Provision for repeal of the Ordinance in certain cases. Disposal of property of corporation in case of repeal of the Ordinance. Sections 2 and 4.
Identifier
https://oelawhk.lib.hku.hk/items/show/578
Edition
1901
Volume
v1
Subsequent Cap No.
1051
Cap / Ordinance No.
No. 1 of 1870
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TUNG WA HOSPITAL INCORPORATION ORDINANCE, 1870,” Historical Laws of Hong Kong Online, accessed January 24, 2025, https://oelawhk.lib.hku.hk/items/show/578.
