MAN MO TEMPLE ORDINANCE, 1908

MAN MO TEMPLE ORDINANCE, 1908

No. 10 of 1908.
For the transfer of the properties of the Man Mo Temple to the
Tung Wa Hospital.

[5th June, 1908.]
WHEREAS the severad leasebold hereditaments and premises set out
in the schedule hereto were granted to or became vested in certain
persons as trustees for and on behalf of the Chinese Community of
HongKong or for and on behalf of a Chinese Temple in Rongkong
situate upon some of the said hereditaments and premises and
known as---The Man Mo Temple -; AND WHEREAS the said persons
or the greater number of them are now dead or cannot be found;
AND WHERLAS the said hereditaments and premises and the affairs
of the said Temple have for many Years been managed by the
Directors of the Tung Wa Hospital, and it is desirable to vest the
said hereditaments and premises and the Temple in the Tung Wa
Hospital under and subject to the conditions and provisions herein-
after contained:-

1. The Man Mo Temple Ordinance, 1908.

2. All the messuages, lands, tenements and hereditaments des-
cribed in the schedule and all other properties and monies now
belonging to or in the possession or under the control of the Man
Mo Temple shall be and become and remain and continue vested
in the Tung Wa Hospital, as to the sald lands for the unexpired
residue of the servral and respective terms of years created by the
Crown leases of the said lands respectively, but subject to the
payment of the Crown rent or due proportion of the Crown rent
reserved by such leases respectively, and subject to the observance
and performance of the covenants and conditions and subject to

As amended by No. 30 of'1911 and No. 13 of 1912.
As amended by No. 12 of 1912 and No. 4~ of 1912.
As amended by No. 50 of 1911, No. 12 of 1912 and No. 21 of 191~.,.





the provisions respectively contained in such Crown leases so far
as the same relate to the several hereditaments and premises com-
prised in the schedule. .

3. It shall be lawful for the Tung Wa Hospital at any time
hereafter (with the consent in writing of the Governor) to purchase
or otherwise acquire, hold, take and enjoy any messuages, lands,
tenements. and hereditaments whatsoever in this Colony for
the purposes of this Ordinance.

4. It shall be lawful for the Tung Wa Hospital (with the consent
in writing of the Governor) to sell, exchange, mortgage, or in any
manner dispose of, or (without such consent) to let or demise for
any term not exceeding 3 years any of the inessuages, tenements,
lands and nereditaments hereby vested in or hereafter acquired by
the Tung Wa Hospital for the purposes of this Ordinance., avid also
to do any other act, matter or thing in relation to any such
inessuages, lands, teDements and licreditaments the Tung
Wa Hospital shall deem necessary or expedient.

5. Upon any such sale, mortgage or disposition of any of the said
niessuages, lands, tenements and hereditanients the signature of
the Governor endorsed upon the deed or other doeuinent effectu-
ating such sale, mortgage or disposition, shall be sufficient evidence
that the consent require by the least section has been obtained.

6. Subject to the provisions of the Trustee Ordinance, 1901, the
Tung Wa Hospital may lend any moneys which are subject to the
provisions 0, this Ordinance on the security of mortgage of any
leasehold messuages, lands, tenernents or hereditanients and may
exercise all the ordinary rights, powers and privileges of a.
mortgagee as to foreclosure or sale of the mortgaged property or
otherwise.

7. All the messuages, lands, hereditarnents and premises, pro-
perties and monies by this Ordinance transferred to and vested in
the Tung Wa Hospital, and all other properties and monies
acquired by the Tung Wa Hospital under or by virtue of the
provisions of this Ordinance, or hereafter given or bequeathed to the
Tung Wa Hospital for the purposes of this Ordinance, shall form a

As aniended by No. 12 of 1912,
As amended bv No. 50 of 1911.
As amended Q No. 50 of 1911 and No. 12 of 1912.





separate fund, which is hereinafter referred to as the - Man Mo
Temple Fund '.

8. The Man Mo Temple Fund shall be used for the followin
objects only :-
(a) To provide for the upkeep of the Man Mo Temple and the
maintenance of the dustomarv religious observances thereof.
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'(b) To keep the buildings belonging to the fund in good repair.
or for the purpose of altering, adding to, pulling down or rebuilding
the said buildings or any of thein or of erecting any new or
additional buildings for the purposes of this Ordinance.
(c) Subject to the approval of a special meeting of the Chinese.
coninitinity of Elongkong to be convened by the Directors of the
Tung Wa Hospital to be publicly advertised and to be held in the
last month of each Chinese year, to pay out of the surplus revenue
of the said fund an annual subsription of not less than 2,500 doilars
to be applied to such of the purposes of the Tting Wa Hospital as the
Directors thereof may direct.
(d) To maintain frec schools in Hongkong for the purpose
of giving an education in Chinese to persons of Chinese race.
(e) To assist any charitable or philanthropic institution of benefit
to the Chinese community of Hongkong.

9. The Directors of the Tung Wa Hospital shall have power to
make regulations for their procedure in the transaction of business
tinder this Ordinance and generally for. all matters relating to the
administration and discipline of the Temple and the Temple Fund :
Provided always that a copy of such regulations shall be furnished
to the Colonial Secretary, and every such regulation shall be subject
to disallowance at any tinie by the Governor-in-Council.

10. The Directors of the Tting Wa Hospital shall

(1) keep a separate account of the Man Mo Temple Fund and
cause proper books of account of such fund to be kept, which shall
be open during the first inonth of each Year of the Chinese calendar
to the inspection of any person interested therein, and at, any tune
to the inspection of any person whom the Governor-in-Council may
appoint
in that behalf ; and,

As amended by No. 12 of 1912, No. 13 of 1912 and No. 43 of 1912.
As amended b~ v No. 50 of' 11)11 and No. 43 of 1912.
As amended t~y No. 40 of 1912.





(12) within one month after the expiration of every year of tire
Chinese calendar, transmit to the Colonial Secretary a true state~
ment of the assets and liabilities of the Man Mo Temple Fund and
an account of its receipts and disbursements during the previous~
year; such statement shall include a schedule of all niessuages,
lands, tenements, hereditaments, mortgages and other investments
inclu-aed in the fund, and such statement shall, if required, be
verified upon oath before a Justice of the Peace by two members of
the Board.

11. In case it is at any tline shown to the satisfaction of
the Governor-in-Council, that the Tung Wa Hospital has ceased, or
neglected, or failed to carry out in a proper rnanner the objects arid
purposes of this Ordinance or to fulfil the conditions thereof or that
sufficient funds cannot be obtained by voluntary. contributions or
otherwise to defray the necessary experses of maintaining the sald
Temple, or that the Man Mo Temple Fund is insolvent, or, in case
the Tung Wa Hospital shall cease to exist as a corporation, it shall
be lawful for the Governor, with the advice of the
Council, by air Ordinance to be passed for that to repeal this
Ordinance: Provided always that 6 months notice of the Governor's
intention to introcloce such air Ordinance into Coutwil sliall be,
previously given to the Tung Wa Hospitnl unless it has ceased to
exist as a corporation.

12. In the event of the remal of this Ordinance all the property
and assets of the Mna Mo Temple Fund shall become vested in the
Crown, subject to the rateable payinent thereout of the just debts
and liabilities of the sald fund to the extent of such property and
assets and in such manner as may be provided by the repealing Or-
dinance or by any order to be made in that behalf by the Governor-
in-Council.

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

1. Section K of Marine Lot 140.
2. Inland Lot No. 338.
3 Inland Lot No 338A.

SCHEDULE.
5. Inland Lot No. 39.5.
6 Inland Lot No. 396.
7. Section A of Inland Lot. No, 85,3,4. Sub-section 1 of Section A of Inland 8. Inland Lot No. 854.
Lot No. 381 and the Remainin-
Portion of Inland Lot No. 38

As ainended' by No. 21 of 1912.
As araended by No. 12 of 1912.
Cf. No. 1 of 1870. Short title. Property of Temple vested in Tung Wa Hospital. Power to acquire and hold lands. Power to sell, etc., and to demise. Consent of Governor how evidenced. Power to lend money on mortgage. No.5 of 1901. Properties transferred to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. Provision for repeal of the Ordinance in certain cases. Disposal of property in case of repeal of Ordinance. Saving of rights of Crown.

Cf. No. 1 of 1870. Short title. Property of Temple vested in Tung Wa Hospital. Power to acquire and hold lands. Power to sell, etc., and to demise. Consent of Governor how evidenced. Power to lend money on mortgage. No.5 of 1901. Properties transferred to form a separate fund. Man Mo Temple Fund. Regulations. Keeping of books of account, etc. Provision for repeal of the Ordinance in certain cases. Disposal of property in case of repeal of Ordinance. Saving of rights of Crown.

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