Cap. 1082 - Franciscan Missionaries of Mary Incorporation Ordinance

To provide for the incorporation of the local representative in Hong Kong of the Franciscan Missionaries of Mary. (Amended 33 of 1987 s. 3)[2 September 1955](Format changes—E.R. 3 of 2023) 1. Short title This Ordinance may be cited as the Franciscan Missionaries of Mary Incorporation Ordinance.(Amended 33 of 1987 s. 3) 2. Incorporation The Mother Superior for the time being in Hong Kong of the Franciscan Missionaries of Mary, hereinafter called the Mother Superior, shall be a corporation sole, hereinafter called the corporation, and shall have the name “The Mother Superior in Hong Kong of the Franciscan Missionaries of Mary”, and in that name shall have perpetual succession, and shall and may sue and be sued in all courts in Hong Kong and shall and may have and use a common seal, and may from time to time break, change, alter and make anew the said seal.(Amended 33 of 1987 s. 3; 32 of 1999 s. 3) 3. Powers of corporation (1) The corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements or upon the mortgage, debentures, stocks, funds, shares or securities of any government, municipality, corporation, or company and also to purchase, acquire and possess goods and chattels of what nature and kind soever.(2) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, or vessels or other goods and chattels, which are for the time being vested in or belonging to the corporation, upon such terms as to the corporation may seem fit. (Added 33 of 1987 s. 2) 4. Transfer of property The legal estate in any property whatsoever, vested in the corporation in any manner whatsoever, shall, in the event of death of the Mother Superior or in the event of her ceasing to hold office as such Mother Superior, pass to her successor in such office subject to compliance with section 6(2). 5. Execution of documents All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of the Mother Superior or of her attorney duly authorized, and such deeds and instruments and all other documents, instruments and writings requiring the signature of the corporation shall be signed by the Mother Superior or her attorney. 6. Appointment of Mother Superior and registration of particulars (1) The appointment of a new Mother Superior, in the event of the death or for any other reason, shall be made by the Mother General of the Franciscan Missionaries of Mary, Rome. (Amended 33 of 1987 s. 3)(2) Whenever any person is appointed to the office of Mother Superior within 6 weeks or within such further period as the Chief Executive may allow after such appointment, the Mother Superior shall furnish to the Registrar of Companies notice of her appointment and evidence thereof to the satisfaction of such Registrar, and shall then and within 3 weeks of any change of address, furnish to such Registrar particulars of her place of residence or other sufficient address within Hong Kong. (Amended 32 of 1999 s. 3)(3) The registration of the appointment of a Mother Superior shall be conclusive evidence of such appointment.(4) There shall be payable to the Registrar of Companies a fee as required by the regulations made under section 26 of the Companies Ordinance (Cap. 622) for making a record of any fact by this Ordinance required or authorized to be recorded by the Registrar. (Amended 28 of 2012 ss. 912 & 920) 7. Saving of rights of the Central Authorities or the Government and of certain other rights Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.(Amended 32 of 1999 s. 3)