Cap. 1014 sub. leg. A

English-speaking Anglican Church Trust (Church Councils) Regulations(31 of 2025 s. 215)(Cap. 1014, section 9) [18 January 1930](Format changes—E.R. 2 of 2022) 1. Meaning of expression church councils In these regulations, the expression church councils (堂議會) means the bodies constituted under that name by or under the Ordinance.(31 of 2025 s. 216) 2. Constitution of church councils Every church council shall consist of—(a) the incumbent or clergyman in charge;(b) the senior licensed assistant clergyman, if any;(c) such number of lay representatives (who may be of either sex) as the annual church meeting may from time to time decide. Such lay representatives must be actual communicant members of the English-speaking Anglican Church or of a church in communion with it and not entered upon the electoral roll of any other church in the diocese. No candidate may be elected who has not previously consented to serve. The number may be altered from time to time by a resolution passed at an annual church meeting of the church concerned but so that the alteration shall not take effect till the year following the date at which it is made; (L.N. 102 of 1970)(d) co-opted members if the church council concerned so decides not exceeding in number one-fifth of the elected lay representatives and being either in holy orders or actual lay communicant members of the English-speaking Anglican Church of either sex or of a church in communion with it; (L.N. 102 of 1970)(e) the two lay representatives elected at the annual church meeting as members of the body of The Trustees of the English-speaking Anglican Church in Hong Kong. (L.N. 102 of 1970)(31 of 2025 s. 217) 3. Election of lay representatives The election of lay representatives to the church council shall take place at the annual church meeting of the church concerned. 4. Duration of office of lay representatives and co-opted members Lay representatives and co-opted members shall continue in office until the next annual church meeting unless in the meanwhile they vacate office by death, absence of six months, incapacity to act or resignation. 5. Filling up of casual vacancies among lay representatives or co-opted members (31 of 2025 s. 218)In the event of death, absence for a period of six months, incapacity to act or resignation of any lay representative or co-opted member on a church council the remaining members may appoint some other qualified person to act in his or her place until the next annual church meeting. 6. Meetings of church councils Meetings of church councils shall be in accordance with the rules of procedure set forth in the Appendix hereto. 7. Secretary and treasurer for church councils Every church council shall appoint a secretary and treasurer as provided for in the rules of procedure. 8. Powers of church councils In addition to the powers conferred by the Ordinance, each church council shall have power— (31 of 2025 s. 219)(a) to frame an annual budget of moneys required for the maintenance of the work of the church for which it is appointed and otherwise, and to take such steps as it thinks necessary for raising, collecting and allocating such moneys;(b) jointly with the incumbent to determine the objects to which all moneys to be given or collected in the church shall be allocated, and to determine the mode of collection of all donations and the fees to be taken for marriages, burials and other services; (L.N. 102 of 1970)(c) jointly with the incumbent to appoint and dismiss and (if so authorized by the trustees in their letters of delegation) to pay the salaries of assistant chaplains, organists and subordinate officials, and to determine the conditions of the tenure of their offices or of their employment:Provided that no appointment or dismissal of a clergyman shall be valid unless approved in writing by the Bishop;(d) to make representation to the Bishop with regard to any matter affecting the welfare of the church concerned;(e) to make regulations regarding all or any of the following matters—(i) holding of meetings of the church council and the conduct of business thereat;(ii) keeping of accounts of moneys received and expended by the church councils;(iii) all other matters relating to the affairs of the church council: Provided that no regulation shall be valid until it has been approved by an annual or special church meeting: And provided that no regulation shall be inconsistent with the provisions of the Ordinance, or with any regulation made thereunder by the trustees. (31 of 2025 s. 219) 9. Church councils to keep accounts Every church council shall furnish to the annual church meeting as provided for in regulation 17 an account made up to the 31st December in the year immediately preceding such meeting setting out the income and expenditure of the church council during the year together with a statement of the funds and property, if any, remaining in its hands at the date of the account. Such account and statement having been duly audited shall together with a report upon the fabric, goods and ornaments of the church be submitted for approval at such meeting or at any adjournment thereof and the said account, statement and report if approved shall be signed by the chairman of the meeting and shall be forthwith published and affixed on or near the principal door of the church and any other conspicuous place or places in the parish at the discretion of the church council. A copy of the account, statement and report shall be furnished by the church council to the trustees. 10. Keeping of registers of baptisms, marriages and burials Every church council shall cause to be kept proper books of registry of all baptisms and marriages solemnized in the church and of all burials performed by the clergy. 11. Provision of safe for books Every church council shall provide a fire-proof safe for the safe custody of all books of registry belonging to the church. 12. Provision of inventory Every church council shall provide and keep up to date an inventory of all church property for which it may be responsible. 13. Erection of monuments A church council may, if so authorized by the trustees in the letter of delegation, and in accordance with any regulations laid down by the Bishop, permit the erection or order the removal of any monument, tablet or other memorial in the church or in the precincts thereof, but no such monument, tablet or other memorial shall be erected or removed without the previous written consent of the Bishop. 14. Alterations in church or furniture A church council may, if so authorized by the trustees in the letter of delegation, make alterations in the church or its furniture, and may add to or renew ornaments to or in the church, but no such alteration, addition or renewal shall be made without the previous written consent of the Bishop. 15. Powers of the Bishop (1) If any difficulty arises with respect to the conduct of any church council for which provision is not made in the Ordinance, or in the regulations, or in the event of a church council and an incumbent being unable to agree as to any matter in which their joint action is required, the Bishop may give such directions as may appear to him to be necessary. (31 of 2025 s. 220)(2) On representation being made to the Bishop by a majority of the lay members of a church council or by one-tenth of the electors on the electoral roll, and if such representation is deemed by the Bishop to show sufficient cause for the same, the Bishop shall convene a special meeting of the church council or church meeting, and shall either take the chair himself or appoint a chairman to preside at such meeting.Electoral Roll 16. Electoral roll (1) A roll of electors shall be formed by every church council on which persons claiming to be qualified electors in the church concerned shall if their claim is allowed be entered and they shall remain on the roll as long as their title to be qualified electors in the church concerned continues.(2) The initial rolls shall be formed by the Dean for the Cathedral and the Vicar of Saint Andrew’s Church, Kowloon, for Saint Andrew’s Church, Kowloon, and the Vicar of Christ Church, Kowloon Tong, for Christ Church, Kowloon Tong, and in the case of other churches by the respective incumbents. (L.N. 102 of 1970)(3) Each roll shall be kept and revised by the church council concerned when it is constituted. It shall be annually revised not less than twenty-eight days before the annual church meeting. Notice of such revision shall be affixed at the place or places hereinafter prescribed with respect to notice convening the said annual church meeting fourteen days at least before such revision takes place.(4) The roll shall be published by being affixed at or near the principal door of the church concerned in such manner as the church council (or in the case of an initial roll, as the incumbent) shall appoint and except in the case of the initial roll shall be open for the enrolment of new voters continuously up to fourteen days before the annual church meeting.(5) Qualified electors are persons of either sex of eighteen years and upwards who—(a) are baptized and are members of the Anglican Church or a Church in communion therewith; and(b) do not belong to any religious body which is not in communion with the Anglican Church; and(c) are not entered upon the electoral roll of any other church in the diocese; and(d) have signed the declaration set forth hereunder: I,being a worshipper at [name of church]declare that I have attained the age of eighteen years and reside at and am a member of the Anglican Church or a Church in communion therewith and do not belong to any religious body which is not in communion with the Anglican Church and that I am not entered upon the electoral roll of any other church in the diocese. Dated this day of , . (Signed) . (31 of 2025 s. 221)(6) The number of qualified persons on the electoral roll shall be reported each year to the Bishop within one month after the annual church meeting. (31 of 2025 s. 221)Annual Church Meeting 17. Annual church meeting (1) There shall be held annually in connexion with each church not later than 31st of May the annual church meeting of qualified and duly enrolled electors—(a) for receiving from the church council and considering—(i) a copy or copies of the electoral roll;(ii) an annual report on its proceedings;(iii) a statement of the financial affairs of the church;(b) for electing representatives to be members of the body of The Trustees of the English-speaking Anglican Church in Hong Kong; (31 of 2025 s. 222)(c) for electing the church council;(d) for electing representatives to the Diocesan Synod; (31 of 2025 s. 222)(e) for electing sidesmen;(f) for electing an auditor;(g) for the transaction of any other business connected with the affairs of the church. (L.N. 102 of 1970)(2) All the above matters shall be open to free discussion and before the report is proposed for adoption and it shall be open to any member of the meeting to ask any question about church matters or bring about a discussion of any matter of general church interest by moving a general resolution or by moving to give any particular recommendation to the church council in the fulfilment of its duties. The meeting shall have power to adjourn and to determine its own time of meeting and rules of procedure.(3) The meeting shall be convened by the incumbent or clergyman in charge by notice (in the form hereafter set forth) affixed at or near the principal door of the church for a period including the two Sundays immediately preceding the day of the meeting. The meeting shall be held in such place at such date and hour as shall be directed by the church council or in the absence of such direction as shall be fixed by the incumbent or clergyman in charge. Form of notice Notice is hereby given that the annual church meeting of the church will be held at on day the day of , , at o’clock in the noon for the purposes following, namely— (a) the election of representatives to the board of the trustees of the English-speaking Anglican Church in Hong Kong; (b) the election of the church council; (c) the election of representatives to the Diocesan Synod; (d) the election of sidesmen; (e) the election of an auditor; (f) the receiving from the church council and considering— (i) a copy or copies of the electoral roll;(ii) an annual report on its proceedings;(iii) a statement of the financial affairs of the church; (g) the transacting of any other business connected with the affairs of the church. Dated this day of , . Incumbent. (31 of 2025 s. 222)(4) Fifteen electors shall be a quorum at the annual or a special church meeting of Saint John’s Cathedral Church, of Saint Andrew’s Church, Kowloon, of Christ Church, Kowloon Tong, or of any other church that comes within the provisions of the Ordinance. (L.N. 102 of 1970; 31 of 2025 s. 222)(5) The incumbent or clergyman in charge shall be the chairman of the meeting if present and if not a chairman shall be chosen by and from the electors present who shall preside at the meeting but no clerical chairman shall have a vote (except a casting vote) in the election of the church council.(6) (a) The candidates must either previously to the meeting by written notice to the convenor thereof or at the meeting be nominated by one elector and seconded by another.(b) If more candidates are nominated than there are seats to be filled the election shall take place at the meeting unless a poll is demanded by at least three of the voters present at the meeting.(c) At every election each elector on the roll shall have as many votes as there are persons to be elected but may not give more than one vote to any one candidate.(d) Where an equality of votes renders a casting vote necessary to decide the election it shall be given by the person presiding over the election.(e) The result of an election shall be forthwith announced by the person presiding over the election and a notice of the result shall be affixed at or near the principal door of the church and the notice shall be left so affixed for not less than fourteen days following the date of election.Appeals 18. Appeals Any appeal against the allowance or disallowance of enrolment on the electoral roll or of a vote or against the report of the result of the election shall be made in writing to the incumbent within seven days after the date of publication of such allowance or disallowance or the publication of such result as the case may be. A commission shall be constituted by the church council and any appeal shall be considered and decided by such two or more members of the commission as the commission shall appoint and their decision shall be final.Citation 19. Citation These regulations may be cited as the English-speaking Anglican Church Trust (Church Councils) Regulations.(31 of 2025 s. 223) Appendix [regs. 6 & 8] Rules of Procedure for Church Councils 1. Meetings of church council Every church council shall hold not less than four meetings in each year. Meetings shall be convened by the chairman and if not more than four meetings are held they shall be at quarterly intervals as far as possible. 2. Power to call meetings The chairman may at any time convene a meeting of the church council. If he refuses or neglects to do so within seven days after a requisition for that purpose signed by not less than one-third of the members of the church council has been presented to him those members may forthwith convene a meeting. 3. Notice of meeting Except as provided in rule 7, at least ten clear days before any meeting of a church council notice thereof specifying the time and place of the intended meeting, and signed by or on behalf of the chairman of the church council or the persons convening the meeting, shall be posted at or near the principal door of the church. 4. Notice of motion Notices of motion may be sent in writing to the secretary by any member of the church council at any time. Not less than seven days before the meeting a notice thereof specifying the time and place of the meeting signed by or on behalf of the secretary shall be sent to every member of the church council. Such notice shall contain the agenda of the meeting including any motion of which notice has been received by the secretary. 5. Quorum and agenda No business shall be transacted at any meeting of a church council unless at least one-third of the full number of members are present thereat, and no business which is not specified in the agenda shall be transacted at any meeting except by the consent of three-quarters of the members present at the meeting. 6. Order of business The business of a meeting of a church council shall be transacted in the order set forth in the agenda unless the church council by resolution otherwise determines. 7. Short notice for emergency meetings In case of sudden emergency and other special circumstances requiring immediate action by a church council a meeting may be convened by the chairman at not less than three days’ notice in writing to the members of the church council concerned, but the quorum for the transaction of any business at such meeting shall be a majority of the then existing members of the church council concerned and no business shall be transacted at such meeting except such as is specified in the notice convening the meeting. 8. Place of meeting The meetings of a church council shall be held at such place as the church council may direct or in the absence of such direction as the chairman may direct. 9. Vote of majority to decide Subject to the foregoing rules any motion proposed by any member of a church council present at a meeting shall be submitted to the meeting and shall be decided by a majority of votes of the members present and voting thereon. 10. Casting vote In case of an equal division of votes the chairman of the meeting shall have a second or casting vote. 11. Minutes The names of the members present at any meeting of a church council shall be recorded in the minutes, and the names of those voting on each question on which a division is taken if the members composing either the majority or the minority so require shall be recorded so as to show how the vote of each member was given:Provided nevertheless that the vote on any question shall be by ballot if the meeting so decides. 12. Adjournments Any meeting of a church council may adjourn its proceedings to such time as may be determined at such meeting and to any place authorized under rule 8. 13. Secretary of council A church council may appoint one of its number to act as secretary of the church council without remuneration. If no member is appointed so to act the church council shall appoint some other fit person with such remuneration (if any) as it may think fit. The secretary shall have charge of the electoral roll and of all documents relating to current business of the church council. He shall be responsible for keeping the minutes and shall record all resolutions passed by the church council and shall keep the secretary of the Diocesan Synod informed as to his address.(31 of 2025 s. 224) 14. Treasurer of council A church council shall appoint one or more of its number to act as treasurer solely or jointly without remuneration. 15. Power to appoint committees A church council may appoint committees for the purposes of the various branches of church work in the district and may include therein persons who are not members of the church council. The incumbent shall be a member of all committees ex officio. 16. Interpretation Any question arising on the interpretation of these rules shall be referred to the Bishop and any decision given by him or by any person appointed by him on his behalf shall be final.