PO LEUNG KUK INCORPORATION ORDINANCE, 1893

PO LEUNG KUK INCORPORATION ORDINANCE, 1893

ORDINANCE No. 6 OF 1893.

Po Leung Kuk Incorporation

AN ORDINANCE for the Establishment and Incorporation of
the Chinese Society for the Prevention of Kidnapping
and for the Protection of Women and Children commonly
known as 'The Po Leung Kuk.'
[26th June,1896.]
WHEREAS in the year 1878 a Chinese Society entitled 'The Po
Leung Kok' was formed in this Colony for the prevention of
kidnapping and for the protection of women and children and the same
has been supported and carried on partly by voluntary contributions up
to the present;and whereas the said Society has from time to time
rendered assistance to the Government in the detection and suppression
of the crime of kidnapping and kindred offences and in the rescue and
restoration or maintenance of kidnapped persons;and whereas it is
desirable to give to the said Society a permanent and legal status
and to endow the same with funds out of the Colonial Treasury;and
whereas certain members of the said Society have applied to the Governor
to grant them an Ordinance of Incorporation,which the Governor has
consented to do,under and subject to the conditions and provisions
hereafter contained:
BE it therefore by the Governor of Hongkong,with the advices
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Po Leung Kuk Incorporation
Ordinance,1893.
2.The several persons whose names and descriptions are set out and
contained in the Schedule to this Ordinance,together with such and so
many other persons or firms as have heretofore or may hereafter from
time to time become donors of any sum not under twenty-five dollars to
the funds of the Society or may sunscribe annually to such funds a sum
not under five dollars(so ling as they continue so to subscribe),and
whose names may be entered upon the register of members hereinafter
mentioned,shall be one body politic and corporate ,in name and in deed,
by the name of 'The Po Leung Kuk,' with perpetuak succession and a
common seal,and with power to purchase,acquire,receive,take,hold,
and enjoy to themselves and their successors any lands,tenements,
hereditaments,buildings,or other property of any kind whatever for
the purposes of the Society,and shall and may sue or take proceedings
and be sued in their corporate name in all courts. 3.The Society is incorporated for the purpose of establishing and
maintaining a society for assisting the Government in the suppression of
kinapping and the protection of women and children;for aiding by cor-
respondence and other means in the detection and bringing to justice of
persons guilty of kidnapping and other kindred offences;for helping to re-
store rescued persons to their relatives or friends;and for providing a home
for rescued women and children until proper provision is made for their
marriage,adoption,or settlement in life,or otherwise for their welfare.
4.The affairs of the Society shall be managed and its various functions
discharged by a Permanent Board of Direction and by an Elected
Committee.
5.-(1.)The Board of Direction shall consist of not less than five and
not more than ten persons,including the Registrar General,who shall
be ex officio the President,and also the Member of the Legislative Council
for the time being representing the Chinese,who shall be ex officio the
Vice-President.
(2.)The first premanent Board of Direction shall consist of the
persons whose names are mentioned in the Schedule to this Ordinance.
(3.)Vacancies in the Board shall be filled up from time to time by
the Governor,who may call upon continuing members of the Board
for their recommendation.
(4.)All appointments to the Board shall be held only during the
Governor's pleasure.
6.The Board of Direction shall,subject to the provisions of this
Ordinance,have full power and authority to govern,direct,and decide
all matters whatsoever connected with the administration of the affairs of
the Society and the accomplishment of the objects and purposes thereof,
subject to an appeal to the Governor,as hereinafter provided,and may
at discretion depute,by regulations or otherwise,a portion or the whole
of its power and authority to the Elected Committee.
7.The Board of Direction shall have power,with the consent of the
Governor,to change or vary the corpprate name and the common seal
of the Society,and the amount of the donation to the funds of the
Society hereinbefore prescribed as a qualification for hereafter becoming
a member thereof,and may,with such consent as aforesaid,refuse to
admit any person as a memeber of the Society,or may expel any existing
member and cause his name to be erased from the register.
8.The Board of Direction shall have power to make,and,when
made,to cancel,change,or vary ,rules and regulations for their
procedure in the transaction of business and the maintenance of good
order at their meetings,and for the guidance of the Elected COmmittee,
and generally for all matters relating to the administration and management of the Society and the discharge of its various duties:
Provided always that a copy of such rules and regulations shall from
time to time be furnished to the Colonial Secretary,and every such ruloe
or regulation shall be subject to disallowance,alteration,or amendment
at any time by the Governor.
9.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 President shall have a casting vote in addition to
his original vote:Provided that,in any case in which the Board is
divided in opinion,the President or any two members of the Board
may demand that the point be referred to the Governor for his decision,
which shall in every such case be final.
10.-(1.)The Elected COmmittee shall consist of not less than six
and not more than twelve members of the Society,to be elected as
hereinafter mentioned,who shall from time to time appoint one of their
body of the chairman.
(2.)Every member of the Committee shall hold office for the term of
one year only,but shall be re-eligible at the expiration thereof.
11.-(1.)The members of the Elected Committee shall be elected from
time to time as occasion may require by a majority of votes of members of
the Society who may be within the Colony at the time of such election.
(2.)Every such member of the Society,whether a firm or individual,
shall be entitled to one vote only.
12.The Elected Committee shall,subject to such rules and regulations
as may from time to time be made by the Board of Direction in that
behalf,undertake and exercise the immediate supervision and manage-
ment of the work of the Society.
13.-(1.)The BOard of Direction shall cause a register to be kept in
which every person or firm desiring to become a member of the Society
and being duly qualified shall,subject to the provisions of secton 7,be
entitled to have his name or firm name inscribed,and shall also cause
proper books of account to be kept,which shall be open at all reasonable
times to the inspection of members of the Society and of any person
whom the Governor may appoint in that behalf.
(2.)The Board of Direction shall also,within one month after the
expiration of every year,transmit to the Colonial Secretray a full report
of work done during the previous year,together with a true statement
of the assets and liabilitites of the Society and an account of their receipts
and disbursements during the previous year,and such statement shall be
verified upon oath or by declaration before a Justice of the Peace by two
members of the Board. (3.)Such report,statement ,and account shall be published in The
Gazette.
14.In case it is at time shown,to the satisfaction of the Governor,
that the Society has ceased,or neglected,or failed to carry out in a
proper manner the objects and purposes of its establishment as set forth
in section 3 or the objects and purposes of this Ordinance,or to fulfill
the conditions thereof,it shall be lawful for the Governor,by an
Ordinance to be passed for that purpose,to repeal this Ordinance and to
declare that the incorporation hereby granted shall cease and determine
and become absolutely void.
15.In case the incorporation hereby granted ceases under the
provisions of the last preceding section,all the property and assets of
the Society shall,for the purposes hereinafter mentioned,become vested
in the Crown,subject to the rateable payment thereout of the just debts
and liabilities,if any,of the Society,to the extent of such property and
assets,and the balance of such property and assets shall be applied by
the Governor towards the objects for which the Society was established
or such of them as the Governor may,in his discretion,deem best.
16.For the purposes of the Society and to make provision of a
building or buildings for the purposes of temporarily housing and
maintaining women and girls detained under the provisions of any
Ordinance for the time being in force relating to the protection of
women and girls and as the asylum for them during such detention,it
shall be lawful for the Governor-in-Council to authorize the payment to
the Society of a sum not exceeding twenty thousand dollars.
17.-(1.)The Board of Direction shall,with all convenient despatch
after the commencement of this Ordinance,cause the buildings required
for the purposes of the Society to be erected and executed out of the
said sum of twenty thousand dollars or of any otehr funds of the Society,
from whether source derived,upon such site as may be approved by the
Governor.
(2,)Such buildings shall be kept and maintained for the objtects and
purposes specified in section 3 out of the volunteer subscriptions to the
Society and out of such income or money as the Society may derive
from any source whatever.
18.All buildings and premises of the Society shall be open,at all
reasonable times,to the inspection of the Governor,of the Captian
Superintendent of Police,of any two Unofficial Justices of the Peace
who may be appointed by the Governor to be Visitors,or of any other
persons whom the Governor may appoint or authorize in writing in
that behalf. 19.-(1.)It shall be lawful for the Governor,in his discretion,to
direct that the services of certain subordinate officers and constables of
the Police Force and of certain district watchmen shall be placed at the
disposal of the Society,on such terms and under such conditions as the
Governor may sanction.
(2.)Such officers,constables,and district watchmen shall regularly
report their proceedings to the Captain Superintendent of Police.
20.Any person apprehended by any officer or constable aforesaid
shall,without unreasonable delay,be sent or taken to a Police Stateion,
and any woman,or girl,or other person in respect of whom there is
cause to suspect that an offence has been ,or is being,or is about to be
committed may be taken at once to such place as may be provided by
the Society or to such other place of safety as the Registrar General
may directm,there to remain until proper provision can be made for the
protection of such person's interests and liberty,and so that in the mean-
time the evidence of such person may be available when required.
21.-(1.)Any action,suit,or prosecution against any person for any-
thing done in pursuance or execution or intended execution of this Ordi-
nance,or of any rules or regulations made in pursuance thereof,shall be
commenced within three months after the thing done and not otherwise.
(2.)Notice in writing of any action or suit and of the cause thereof
shall be given to the intended defendant one month at least before the
commencement of the action or suit.
(3.)In any such action or suit the defendant may plead generally or
set up by way of execution or intended execution of this Oridnance
or of any such rules or regulations and the special matter in
evidence at any trial to be had thereupon.
(4.)The plaintiff shall not recover if tender of sufficient amends has
been made before action or suit brought or if,after action or suit
brought ,a sufficient sum of money is paid into Court by or on behalf
of the defendant.
(5.)If a verdict passes or judgement is given for the defendant,or
if the plaintiff becomes nonsuit or discontinues the action or suit after
issued joined,or if,on demurrer or otherwise,judgment is given against
the plaintiff,the defendant shall recover his full costs and shall have
the like remedy for the same as any defendant has by law for costs in
other cases.
(6.)Through a verdict or judgment is given for the plaintiff,he shall
not have costs against the defendant unless the Judge before whom the
trial is had certifies his approbation of the action or suit. ORDINANCES OF HONG KONG
VOL.II
1891-1901

P.115 A.D. 1893. Ordinance No. 10 of 1893, with Ordinance No. 1 of 1894 incorporated. Short title. Incorporation of Po Leung Kuk Society. Schedule. Object and purpose of incorporation. Management of Society. Permanent Board of Direction. Schedule. General powers of Board of Direction. Further powers of Board of Direction. Making of rules and regulations. Determination of questions at Board of Direction. Constitution of Elected Committee. Election of Elected Committee. Powers of Elected Committee. Keeping register of members, etc. Cases in in which incorporation may be determined. Disposal of property in case of incorporation ceasing. Government grant. See Ordinance No. 4 of 1897. Erection of buildings, etc. Inspection of buildings. Use of services of Police, etc. Court to be adopted when person apprehend. Protection of person acting under the Ordinance or rules or regulations.

A.D. 1893. Ordinance No. 10 of 1893, with Ordinance No. 1 of 1894 incorporated. Short title. Incorporation of Po Leung Kuk Society. Schedule. Object and purpose of incorporation. Management of Society. Permanent Board of Direction. Schedule. General powers of Board of Direction. Further powers of Board of Direction. Making of rules and regulations. Determination of questions at Board of Direction. Constitution of Elected Committee. Election of Elected Committee. Powers of Elected Committee. Keeping register of members, etc. Cases in in which incorporation may be determined. Disposal of property in case of incorporation ceasing. Government grant. See Ordinance No. 4 of 1897. Erection of buildings, etc. Inspection of buildings. Use of services of Police, etc. Court to be adopted when person apprehend. Protection of person acting under the Ordinance or rules or regulations.

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