SAINT JOHN'S CATHEDRAL CHURCH ORDINANCE, 1899

SAINT JOHN'S CATHEDRAL CHURCH ORDINANCE, 1899

No. 5 of 1899.

To provide foi. the Performance of Divine Worship in accordance
with, the Rites and Ceremonies of the Church of England
at Saint John's Cathedral Church and elsewhere; for the
Incorporation of a Church Body; and for other purposes.

[23rd March, 1899.]
WHEREAS Saint john's Cathedral Church was created on Crown land
partly by means of private subscriptions and party by means of
public moneys, and has since been maintained and kept up, and
divine worship has been performed therein and elsewhere in ths
Colony, in accordance with the provisions of certain Ordinances,
and it is expedient to provide for a continutince of the performance
of such divine, worship and services according to the rites and

As hy 2 of 4012.
As amended b~ i\,~. 1 of 1912.





ceremonies of the Church of England; AND WHEREAS the said
Cathedral Church is now vested in and administered by an in-
corporated Church Body, and it is expedient to provide for the
continuance, of the said Church Body, for the purposes and with
the power hereinafter mentioned, and for other purposes Con-
nected with the said Cathedral Church:-
1. The Saint Jolin's Cathedral Church Ordinance, 1899.

-2. In this Ordinance,-
' The Church' means Saint John's 'Cathedral Church at
Victoria;
'The Church Body' means the trustees of the Church herein-
after inentioned.

The Church Body.
3. There shall be, subject to the provisions of this Ordinance, a
Church Body, which shall consist of the Bishop of the Church of
England residing and officiating at Victoria, of the chaplain herein-
after mentioned, and of 6 lay members oLthe Church duly elected
or appointed and holding office in accordance with the regulations.

4.-(1) All in the constitution of the Church Body shall
be notified to the Colonial Secretary and published in the Gazette.
(2) The Church Body shall, when required by the Governor,
furnish to him satisfactory proof of the succession, election, or
appointment of any new member thereof.

5. The Church Body is hereby declared to be a body corporate
under the name of 'The Trustees of Saint John.'s Cathedral Church
in Hongkong,' arid by thatshall have perpetual succession,
and shall and may Sue and be used in all Courts, and shall and may
have and use a common seal, and may break, change, alter, and
make anew the said seal. It shall have power to acquire, accopt
leases of, purchase, take, hold, and enjoy any lancls, buildings,
messuages, or tenements, of what nature, or kind soever and where
soever situate, and also to invest moneys upon mortgage of any
lands, buildings, messuages or tenements or upon the mortgages,
debentures, stocks, funds, shares, or securities of any corporation
or company, and also to purchase, acquire, and possess goods and
chattels, of what nature or kind soever; and also by deed under its

As hy No, 50 of Y l l and No. 1 of 1912,
bY No. W Of 1911, No. 1 Gf 1912 and No. 2 of 11312.
As amended by No. 1 of 19A2.





seal, to, grant, sell, convey, assign, surrender, yield up, mortgage,
demise, re-assign, transfer, or otherwise disposeof any lands, buill-
ings, messuages, tenements, mortgages, debentures, stocks, funds,
shares, or securities, or goods and chattels, which are 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-
ed shall not extend to the Church or the precincts thereol without
the consent in writing of the Grovernor.
6. The Church and the precincts thereof (a plan of which, signed
by the Director of Public Works and sealed with the seal of the
Colony, was deposited at the Land Office on '29th April, 1892),
together with all rights, easements and apputenances theretinto
belonging, and together with all the estate, right, title, and interest
of the Church Body as heretofore constituted, shall continue to be
vested in the Church Body for the sole and express purpose of a
Church and to the intent that divine worship and the services 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 be maintained as
heretofore by the Government: Provided always that if at any
time the Church shall cease to be used as a Church for divine wor-
ship and the services usual in the Church of England shall cease to
he 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 absoInte Property of the Crown, unless the
same shall be sold or otherwise disposed of with the consent in
writing of, the Governor.
7.-(1) All books, deeds, papers, and other documents hitherto
kept at the Church cr belonging and appertaining thereto, and all
moneys 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) Alt monuments, tablets, and memorials in or about the
Church shall be under tile care and custody of the Church Body.

Administration.
8.-(1) The Church Body may, appoint a chaplain and one or
more assistant chaplains to perform and carry on divine worship

,k As zimended by No. 21 of 1912.
f' As atilei4ed by No. 1 of 1012.





and the services usual in. the Church of accorelin. to the
Ates and ceremonies of the sald Church.
(2) The Church Body rmay also appoint such other officers and
servants as may be necessary, on such terms and conditions as it
may thinks fit.

9. All matters connected with the religious services of the Church
or the rites arld ritual thereof shall be under the immediate direction
and management of the chaplain, subject, nevertheless, to the con-
trol of the Bishop.

10. The temporal affairs of the Church shall be managed, direct-
ed, and governed by the Church Body: Provided, however, that
the members of the Church Body shall not be deemed personally
liable for any payments of money in excess of that provided or
available for the purpose of the Church.

11. So long as an annual sum of not less than 500 dollars shall be
paid to the Church Body for the use of the Church by the troops
constituting the garrison, the church Body shall allow and arrange
for the use of 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 pro-
portion of any sum which may be voted by the Legislative Council
for general ecclesiastical or religious purposes as he may deem pro-
per to the Church Body, and thereupon the chaplain or the senior
chaplain as the case may be, if such sum is accepted 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
the Gaol. and the Government Civil Hospital.

Regulations.
13. The Church Body may make regulationgs relating to all or any
of the following matters
(1) the qualification, election, and tenure of office of the lay
members of the Church Body and the mode of filling up casual
vacancies among the said members;

* AS by Nu. 1 o~ 1912.
+ As amended by No. 1 of 1912 and NTo .21 of 1:912.
As by No,50 of 11J11 and No~ 1 of 1012,1





(2) the holding of meetings of the Church Body and the conduct
of business thereat;
(3) the election and tenure of office, of an auditor, and 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 appointment, 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
(5) the keeping of registers of seat-holders and subscribers of the
Church, and of baptisms, marriages, and burials;
(6) the holding of meetings of the seat-holders and subscribers of
the Church, the right of voting and the taking and recording of the
votes at such meetings, and the conduct of business generally
thereat;

(7) the appropriation, allotment, arrangement, and use of the
sittings in the Church ;
(8) the rents and subscriptions, if any, to be paid for the sittings
in the Church and the mode of collection thereof the fes to be
taken for baptisins, marrialges, and burials or other services; and
the collection and disposition or money offernigs, offertoriess, and
donations ;
(9) the keepiny of accounts of moneys received and expended by
the Church Body ;
(10) the erection and maintenance of monuments, tablets, or
other memorials in the or in thethereof, and the
fees to be taken therefor; an(I
(11) all other matters relating to the affairs of the Church or of
the Church Body.

14. No regulations made by the Church Body shall be valid until
they have been approved at an annual or special meeting of the
seat-holders and subscribers of the Church.

Miscellaneous Provisions.
15. The Church Body shall have power to sue for all rents,
subscriptions, fees, and moneys due or owing under the regulations
or otherwise.

* As amonded by 'No. 1 of 1912.
16. It shall be lawful for the Church Body to: declare any sitting
in the Church vacant-
(1) if the person entitled thereto fails, to pay the rent of such
sitting within 3 months from the time when demand for payment
thereof has been made upon him personally or in writing; or
(2) if such person, after a like demand and period, falls to pay
any moneys due frorn him to the Church Body; or
( 3) if such person is convicted under the next section.

17, Every person who wilfully and maliciously, either within or
from without the Church, disturbs the performance of divine worship
or any service therein, or in any way during such time molests any
of the congregation, shall be guilty of a misdemeanor, and, on
summary conviction, shall be liable to a fine not exceeding 100
dollars.

18. No burial shall take placed within the Church or the preincts
thereof.

19. The Church Body ltlay order the removal of any monument,
tablet, or other memorial in the Church or in the precincts thereof
which has become ruinous, dilapidated, or unsightly, if the, owner
thereof cannot be found or refuses to properly repair and maintain
such monument, tablet, or memorial, to the satisfactioip, of tbp,
Church, Body : Provided always that 3 months notice of such in-
tended removal shall be given in writing to the owner if he can be
found, and, if he cannot be lound, a notice signifying such intended
rernoval shall be posted for 3 months in the western porch of the
Church.

20. Nothing in this Ordinance shall affect or be deemed. to affect
the rights of His Majesty.

No. 6, 7, and 8 of 1899, repealed by No. 34 of 1910.
Short title. Interpretation of terms. Constitution of Church Body. Notification of changes in Church Body. Incorporation and general powers of Church Body. Vesting of Church and precincts in Church Body. Vesting of other property in Church Body. Appointment of chaplains and officers. Direction of religious services. Management of temporal affairs. Right of troops to use Church on payment of certain sum. Government grant for services at Prison and Hospitals. Regulations. Approval of regulations. Power to sue for moneys due. Power to declare sitting vacant. Punishment of person disturbing divine worship, etc. Prohibition of burial. Power to remove ruinous monument, etc. Saving of rights of the Crown.

Short title. Interpretation of terms. Constitution of Church Body. Notification of changes in Church Body. Incorporation and general powers of Church Body. Vesting of Church and precincts in Church Body. Vesting of other property in Church Body. Appointment of chaplains and officers. Direction of religious services. Management of temporal affairs. Right of troops to use Church on payment of certain sum. Government grant for services at Prison and Hospitals. Regulations. Approval of regulations. Power to sue for moneys due. Power to declare sitting vacant. Punishment of person disturbing divine worship, etc. Prohibition of burial. Power to remove ruinous monument, etc. Saving of rights of the Crown.

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