SAINT JOHN'S CATHEDRAL CHURCH ORDINANCE, 1899
Title
SAINT JOHN'S CATHEDRAL CHURCH ORDINANCE, 1899
Description
ORDINANCE No. 5 OF 1899.
Saint John's Cathedral Church
AN ORDINANCE to provided for the performance of divine
worship and other services in accordance wiht the rites
and ceremonies of the church of england at saint john's
cathedral church at victoria and elsewhere in this
colony ; for ht eincorporation fo a church body in
which the said cathedral church shall be vested and by
which it shall be adminstered ; and for other purposes
connected with the said cathedral church .
[23rd march 1899.]
whereas saint john's cathedral church at victoria in the
colony was erected on crown land partly by means of private
subscriptions and partly by means of public moneys, and has since been
maintained and kept up , and divine worship has been performed therein
and elsewhere in this colony , in accordance with the provisions of
certain ordinances form time to time enacted for that purpose, and it is
expedient to provide for a continuance of the performance fo the such
divine worship and other services according to the rite and ceremonies
of the church of england ; and whereas the said cathedral church is
now vested in and administered by an incorporated church body , and
it is expedient to provide for the continuance fo the said church body,
for th epurposes and with the powers hereinafter mentioned , and for
other purposes connected with the said cathedral church :
be it therefore enacted by the governor of hongkong , wiht the advice
and consent fo the legislative council thereof , as follows:-
1. this ordinance may be cited as the saint john's cathedral church
ordnance , 1899.
2.in this ordinance , unless the context otherwis requires , -
' the church ' means saint john's cathedral church aat victoria
in this Colony:
'the church body' means the trustees fo the church hereinafter
mentioned and described :
' the regulations ' mean the regulations made under this ordi-
nance and for time being in force.
the church body.
3-(1) there shall be as heretofore , but subject to the provisions of
this ordinance , a church body for saint john's cathedral church at
victoria in this colony.
(2) the church body shall consist fo the bishop fo the church fo
england for the time being residing and officiating a at victoria in this
colony , of the chaplain hereinafter mentioned for the time being hold-
ing office, and of six lay members of the church for the time being
duly elected ro appointed and holding office in accordance with the
regulations.
4-(1) all changes in the constitution fo the church body shall be
notified by the church body to the colonial secretary and published in
the gazette , and such publication shall be deemed, in all courts and for
all other purposes , to be prima facie evidence of such changes .
(2) the church body shall, required by the governor , furnish
to him satisfactory proof of the succession , election , or appointment of
any new member thereof.
5.-(1) the church body as constituted from time to time shall
be as heretofore , and is hereby declared to be , a body corpporate under
the name fo ' the trustees fo saint john's cathedral church in
hongkong..'
(2) the chuch body by that name shall have perpetual succession,
and shall and may sue and be sued in all courts of justice and before
all magistrates in this colony, and shall and may have and use a
common seal , and may from time to time break , change , alter, and make
new the said seal as to the chuch body may seem fit .
(3) the church body shall have power to acquire , accept leases fo ,
perchase, take , hold , and enjoy any lands , buidings , messuages , or
mements , of what nature or kind soever and wheresoever situate , for
the purposes fo this ordinance or of the church body, and also to
jayest moneys upon the mortgages , debentures , stocks , funds , shares, or
recurities of any corporation or company, and also to purchase , acquire,
and possess goods and chattels , of what nature or kind soever.
(4) the church body shall further have power, by deed under its
real , to grant, sell , convey, assign, surrender, yield up , mortgage, demise, re-assign, transfer, or otherwise dispose of any lands, buildings ,
messuages, tenements, mortgages,debentures , stocks, funds , shares, or
securities , or goods and chattels, which are for the time being vested
in or belong to the church body, on such terms as to the church
body may seem fit: provided always that the power of sale hereby
grant shall not extend to the church or the precincts thereof without
the consent in writing of the governor .
6.the church and the precincts thereof (a plan whicb , signed by
the director of public works and sealed with the seal of the colony
was deposited at the land office of this colony on the 29th day of
april, 1892) , together with all rights, easements , and appurtenanee
thereunto beinging , and together with all the estate, rights,title
and interest of the church body as heretofore constituted , shall
continue to be vested in the church body for the sole and ewpress
purpose of a church and to the intent that divine worship and the
service usual in the church of england shall be therein performed and
carried on in accordance with the rites and ceremonies of the said
church, subject, nevertheless, to the road and right of way delineated
and coloured red on the said plan , which road shall revert to and
heretofore by the government of the colony: provided always that if
at any time the church shall cease to be used as a church for divine
worship and the services usual in the church of england shall cease to
be performed and carried on therein in accordance with the said rites
and ceremonies , the church and the precincts thereof shall revert to and
become the absolute property of the crown , unless in writing of the
governor.
7-(1) all books , deeds , papers, and other document hitherto kept
at the church or belonging and appertaining thereto, and all money
belonging or due or owing to the church or to the church body as
heretofore constituted,shall be the property of the church body for the
purposes aforesaid .
(2) all monuments , tablets, and memorials in or about the church
shall be under the care and custody fo the church body .
admiuistration.
8-(1) the church body may appoint, as occasion may require
a chaplain and one or more assistant chaplains to perform and carry
on divine worship and the services usual in the church of england
according to the rites and ceremonies of the said church .
(2) the church body may also appoint such other officers and
servants as may be necessary or expedient, on suhc terms and con-
dinns as it may think fit .
9. all matters connected with the religious services fo the church or
the rites and ritual thereof shall be under the immediate direction adn
management fo the chaplain for the time being , subjuct, nevertheless, to
the control of the said bishop for the time being .
10. the temporal affairs of the church shall be managed, directed,
and governed by the church body : provided , however , that the mem-
bers of the church body shall not be deemed personally liable for nay
paymens of money in excess of that provided or available for the pur-
poses fo the church .
11. so long as na annual sum of not less than five hundred dollars
shall be paid to the church body for the church by the troops
for the time constituting the garrison of this colony, the church body
shall allow and arrange for the use fo the church by the said troops for
one service at least on every sunday in the year, but shall not be bound
to provide any clergyman to perform the same.
12.it shall be lawful for the governor to appropriate such proportion
of any sum which may be voted by the legislative council for general
accelesiatical or religious purposes as he may deem proper to the church
body , and thereupon the chaplain or the senior chaplain for the time
being , as the case maybe , if suhc sum is acceped by the church body ,
shall be bound , when so required , to provide for all requisite religious
services and ministrations of the church of england at victoria gaol
and the government civil hospital .
regulations
13. the church body may make regulations relating to all or any of
the following matters , namely , -
(1) the qualification, election, and tenure of office of the lay members
fo the church body and the mode fo filling up casual vacancies
among the said members;
(2) the holding of meetngs of the church body and the conduct fo
business thereat;
(3) the election ad tenure of office of an auditor , adn the appoint-
ment and tenure of office of a treasurer and secretary , and the mode
of filling up casual vacancies among such officers ;
(4) the appontment, tenure of office , salaries , and duties of a chaplain
and assistant chaplains, an organist, a verger, and such other officers
and servants as the church body may think necessary or expedient;
(5)the keeping of register of searholders and subsccribers of the
Church and of baptisms marriages and burials ;
(6) the holding of meetings of the taking and subscribers of the
Church teh right of voting and the taking and recording of the
votes at such meetings and the conduct of business generally therein
(7)the apporiation, allotment arrangement and use of the sitting
in the Church;
(8) the rents and subscribptions if any to be paid for th esitting of
the Church and the mode of the collection thereof the fees to be taken
for baptisms marriages and burials or other services and the se-
lection and disposition of moneys offering offertories and donsation;
(9) the keeping of accounts of moneys recieved and expended by the
Church Body;
(10) the erection and maintance of monuments tablets or other
memorails in the Church or in the precints thereof and the fee to
be taken therefor; and
(11) all other matters relating to the affairs of the Church or of the
Church Body;
14.-(1)NO regulation made by the Church Body shall be valid
until they have been approved at an annual or special meeting of the
seatholders and subscribers of the Church.
(2) All such regulation when so approved shall be published
The Gazette.
Miscellaneous Provisions
15.The Church body shall in its discertion have power to sue for
rents sucscription fees and subscription fees and moneys due or owing under the
Reglation or otherwise
163.It shall be lawful for the Church Body to declare any sitting be
the vacant.
(1) if the person entitled thereto for the time being fails to pay the
rent if such sitting within three months from the time when de-
mand for payment thereof has been made upon him personally or any
writing or
(2) if such person after a like demand and period fails to pay any
moneys due from him to the Church Body or
(3) if such person is convicted under the next suceeding section
17.Every person is who wiflly and malicatioly either within or without
the church disturbs the performance of divine worship or
service therein or in any way during such time molests any of the
congregation shall guility og misdemeanor and on summary
conviction before a Magistrates shall be liable to be a penalty not exceeding
one hundreds dollars and in default of payment thereof to improsionment
with or without hard labour for any term not exceeding three
months.
18.No burial shall take place within the Church or the precints
thereof.
19.The Church Body may order th eremoval of any monument
tablet or other momorial in the Church or in the precincts thereof which
has becoome ruinons dilapidated or unsightky if the owner thereof
cannot be found or refuses to property repair and maintain such monu-
ment tablet or memoerial in the satisfaction of the Church Body Provided
always that three months notice of such intended removal shall be
given in writing to the owner if he can be found and if he cannot be
found a notice signifying such intended removal shall be posted for
three months in th ewestern porch of the Church.
20.Nothing in this Ordinance shall affect or be deemed to affect the
rights of her Majestry her heirs and sucessors or of any body politic
or coperate or other perosn except such as are mentioned in this
Ordinance and those claiming by from or under them.
Short title. Interpretation of terms. Constitution of Church Body. Notification of changes in constitution of Church Body. Incorporation and general powers of Church Body. Vesting of Church and precincts in Church Body, and object thereof. Vesting of other property in Church Body. Appointment of chaplains and officers. Direction of religious services. Management of temporal affairs. Rights of troops to use Church on payment of certain sum. Government grant for services at Prison and Hospital. Making of regulations. Approval and publication of regulations. Power to use for moneys due. Power to declare sitting vacant in certain cases. Punishment of person disturbing divine worship, etc. Prohibition of burial.
Power to remove ruinous monument, etc.
Saving of certain rights.
Saint John's Cathedral Church
AN ORDINANCE to provided for the performance of divine
worship and other services in accordance wiht the rites
and ceremonies of the church of england at saint john's
cathedral church at victoria and elsewhere in this
colony ; for ht eincorporation fo a church body in
which the said cathedral church shall be vested and by
which it shall be adminstered ; and for other purposes
connected with the said cathedral church .
[23rd march 1899.]
whereas saint john's cathedral church at victoria in the
colony was erected on crown land partly by means of private
subscriptions and partly by means of public moneys, and has since been
maintained and kept up , and divine worship has been performed therein
and elsewhere in this colony , in accordance with the provisions of
certain ordinances form time to time enacted for that purpose, and it is
expedient to provide for a continuance of the performance fo the such
divine worship and other services according to the rite and ceremonies
of the church of england ; and whereas the said cathedral church is
now vested in and administered by an incorporated church body , and
it is expedient to provide for the continuance fo the said church body,
for th epurposes and with the powers hereinafter mentioned , and for
other purposes connected with the said cathedral church :
be it therefore enacted by the governor of hongkong , wiht the advice
and consent fo the legislative council thereof , as follows:-
1. this ordinance may be cited as the saint john's cathedral church
ordnance , 1899.
2.in this ordinance , unless the context otherwis requires , -
' the church ' means saint john's cathedral church aat victoria
in this Colony:
'the church body' means the trustees fo the church hereinafter
mentioned and described :
' the regulations ' mean the regulations made under this ordi-
nance and for time being in force.
the church body.
3-(1) there shall be as heretofore , but subject to the provisions of
this ordinance , a church body for saint john's cathedral church at
victoria in this colony.
(2) the church body shall consist fo the bishop fo the church fo
england for the time being residing and officiating a at victoria in this
colony , of the chaplain hereinafter mentioned for the time being hold-
ing office, and of six lay members of the church for the time being
duly elected ro appointed and holding office in accordance with the
regulations.
4-(1) all changes in the constitution fo the church body shall be
notified by the church body to the colonial secretary and published in
the gazette , and such publication shall be deemed, in all courts and for
all other purposes , to be prima facie evidence of such changes .
(2) the church body shall, required by the governor , furnish
to him satisfactory proof of the succession , election , or appointment of
any new member thereof.
5.-(1) the church body as constituted from time to time shall
be as heretofore , and is hereby declared to be , a body corpporate under
the name fo ' the trustees fo saint john's cathedral church in
hongkong..'
(2) the chuch body by that name shall have perpetual succession,
and shall and may sue and be sued in all courts of justice and before
all magistrates in this colony, and shall and may have and use a
common seal , and may from time to time break , change , alter, and make
new the said seal as to the chuch body may seem fit .
(3) the church body shall have power to acquire , accept leases fo ,
perchase, take , hold , and enjoy any lands , buidings , messuages , or
mements , of what nature or kind soever and wheresoever situate , for
the purposes fo this ordinance or of the church body, and also to
jayest moneys upon the mortgages , debentures , stocks , funds , shares, or
recurities of any corporation or company, and also to purchase , acquire,
and possess goods and chattels , of what nature or kind soever.
(4) the church body shall further have power, by deed under its
real , to grant, sell , convey, assign, surrender, yield up , mortgage, demise, re-assign, transfer, or otherwise dispose of any lands, buildings ,
messuages, tenements, mortgages,debentures , stocks, funds , shares, or
securities , or goods and chattels, which are for the time being vested
in or belong to the church body, on such terms as to the church
body may seem fit: provided always that the power of sale hereby
grant shall not extend to the church or the precincts thereof without
the consent in writing of the governor .
6.the church and the precincts thereof (a plan whicb , signed by
the director of public works and sealed with the seal of the colony
was deposited at the land office of this colony on the 29th day of
april, 1892) , together with all rights, easements , and appurtenanee
thereunto beinging , and together with all the estate, rights,title
and interest of the church body as heretofore constituted , shall
continue to be vested in the church body for the sole and ewpress
purpose of a church and to the intent that divine worship and the
service usual in the church of england shall be therein performed and
carried on in accordance with the rites and ceremonies of the said
church, subject, nevertheless, to the road and right of way delineated
and coloured red on the said plan , which road shall revert to and
heretofore by the government of the colony: provided always that if
at any time the church shall cease to be used as a church for divine
worship and the services usual in the church of england shall cease to
be performed and carried on therein in accordance with the said rites
and ceremonies , the church and the precincts thereof shall revert to and
become the absolute property of the crown , unless in writing of the
governor.
7-(1) all books , deeds , papers, and other document hitherto kept
at the church or belonging and appertaining thereto, and all money
belonging or due or owing to the church or to the church body as
heretofore constituted,shall be the property of the church body for the
purposes aforesaid .
(2) all monuments , tablets, and memorials in or about the church
shall be under the care and custody fo the church body .
admiuistration.
8-(1) the church body may appoint, as occasion may require
a chaplain and one or more assistant chaplains to perform and carry
on divine worship and the services usual in the church of england
according to the rites and ceremonies of the said church .
(2) the church body may also appoint such other officers and
servants as may be necessary or expedient, on suhc terms and con-
dinns as it may think fit .
9. all matters connected with the religious services fo the church or
the rites and ritual thereof shall be under the immediate direction adn
management fo the chaplain for the time being , subjuct, nevertheless, to
the control of the said bishop for the time being .
10. the temporal affairs of the church shall be managed, directed,
and governed by the church body : provided , however , that the mem-
bers of the church body shall not be deemed personally liable for nay
paymens of money in excess of that provided or available for the pur-
poses fo the church .
11. so long as na annual sum of not less than five hundred dollars
shall be paid to the church body for the church by the troops
for the time constituting the garrison of this colony, the church body
shall allow and arrange for the use fo the church by the said troops for
one service at least on every sunday in the year, but shall not be bound
to provide any clergyman to perform the same.
12.it shall be lawful for the governor to appropriate such proportion
of any sum which may be voted by the legislative council for general
accelesiatical or religious purposes as he may deem proper to the church
body , and thereupon the chaplain or the senior chaplain for the time
being , as the case maybe , if suhc sum is acceped by the church body ,
shall be bound , when so required , to provide for all requisite religious
services and ministrations of the church of england at victoria gaol
and the government civil hospital .
regulations
13. the church body may make regulations relating to all or any of
the following matters , namely , -
(1) the qualification, election, and tenure of office of the lay members
fo the church body and the mode fo filling up casual vacancies
among the said members;
(2) the holding of meetngs of the church body and the conduct fo
business thereat;
(3) the election ad tenure of office of an auditor , adn the appoint-
ment and tenure of office of a treasurer and secretary , and the mode
of filling up casual vacancies among such officers ;
(4) the appontment, tenure of office , salaries , and duties of a chaplain
and assistant chaplains, an organist, a verger, and such other officers
and servants as the church body may think necessary or expedient;
(5)the keeping of register of searholders and subsccribers of the
Church and of baptisms marriages and burials ;
(6) the holding of meetings of the taking and subscribers of the
Church teh right of voting and the taking and recording of the
votes at such meetings and the conduct of business generally therein
(7)the apporiation, allotment arrangement and use of the sitting
in the Church;
(8) the rents and subscribptions if any to be paid for th esitting of
the Church and the mode of the collection thereof the fees to be taken
for baptisms marriages and burials or other services and the se-
lection and disposition of moneys offering offertories and donsation;
(9) the keeping of accounts of moneys recieved and expended by the
Church Body;
(10) the erection and maintance of monuments tablets or other
memorails in the Church or in the precints thereof and the fee to
be taken therefor; and
(11) all other matters relating to the affairs of the Church or of the
Church Body;
14.-(1)NO regulation made by the Church Body shall be valid
until they have been approved at an annual or special meeting of the
seatholders and subscribers of the Church.
(2) All such regulation when so approved shall be published
The Gazette.
Miscellaneous Provisions
15.The Church body shall in its discertion have power to sue for
rents sucscription fees and subscription fees and moneys due or owing under the
Reglation or otherwise
163.It shall be lawful for the Church Body to declare any sitting be
the vacant.
(1) if the person entitled thereto for the time being fails to pay the
rent if such sitting within three months from the time when de-
mand for payment thereof has been made upon him personally or any
writing or
(2) if such person after a like demand and period fails to pay any
moneys due from him to the Church Body or
(3) if such person is convicted under the next suceeding section
17.Every person is who wiflly and malicatioly either within or without
the church disturbs the performance of divine worship or
service therein or in any way during such time molests any of the
congregation shall guility og misdemeanor and on summary
conviction before a Magistrates shall be liable to be a penalty not exceeding
one hundreds dollars and in default of payment thereof to improsionment
with or without hard labour for any term not exceeding three
months.
18.No burial shall take place within the Church or the precints
thereof.
19.The Church Body may order th eremoval of any monument
tablet or other momorial in the Church or in the precincts thereof which
has becoome ruinons dilapidated or unsightky if the owner thereof
cannot be found or refuses to property repair and maintain such monu-
ment tablet or memoerial in the satisfaction of the Church Body Provided
always that three months notice of such intended removal shall be
given in writing to the owner if he can be found and if he cannot be
found a notice signifying such intended removal shall be posted for
three months in th ewestern porch of the Church.
20.Nothing in this Ordinance shall affect or be deemed to affect the
rights of her Majestry her heirs and sucessors or of any body politic
or coperate or other perosn except such as are mentioned in this
Ordinance and those claiming by from or under them.
Short title. Interpretation of terms. Constitution of Church Body. Notification of changes in constitution of Church Body. Incorporation and general powers of Church Body. Vesting of Church and precincts in Church Body, and object thereof. Vesting of other property in Church Body. Appointment of chaplains and officers. Direction of religious services. Management of temporal affairs. Rights of troops to use Church on payment of certain sum. Government grant for services at Prison and Hospital. Making of regulations. Approval and publication of regulations. Power to use for moneys due. Power to declare sitting vacant in certain cases. Punishment of person disturbing divine worship, etc. Prohibition of burial.
Power to remove ruinous monument, etc.
Saving of certain rights.
Abstract
Short title. Interpretation of terms. Constitution of Church Body. Notification of changes in constitution of Church Body. Incorporation and general powers of Church Body. Vesting of Church and precincts in Church Body, and object thereof. Vesting of other property in Church Body. Appointment of chaplains and officers. Direction of religious services. Management of temporal affairs. Rights of troops to use Church on payment of certain sum. Government grant for services at Prison and Hospital. Making of regulations. Approval and publication of regulations. Power to use for moneys due. Power to declare sitting vacant in certain cases. Punishment of person disturbing divine worship, etc. Prohibition of burial.
Power to remove ruinous monument, etc.
Saving of certain rights.
Power to remove ruinous monument, etc.
Saving of certain rights.
Identifier
https://oelawhk.lib.hku.hk/items/show/718
Edition
1901
Volume
v2
Subsequent Cap No.
1014
Cap / Ordinance No.
No. 5 of 1899
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SAINT JOHN'S CATHEDRAL CHURCH ORDINANCE, 1899,” Historical Laws of Hong Kong Online, accessed November 18, 2024, https://oelawhk.lib.hku.hk/items/show/718.
