Cap. 1122 - Community Chest of Hong Kong Ordinance

To establish a corporation, to be known as The Community Chest of Hong Kong, and to make provision for its constitution and powers and for matters connected with the purposes aforesaid. [8 November 1968](Format changes—E.R. 6 of 2022) Part I Short Title and Interpretation 1. Short title This Ordinance may be cited as the Community Chest of Hong Kong Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—annual general meeting (周年大會) means the annual general meeting of the members of the corporation held pursuant to the constitution;board (董事會) means the board of directors of the corporation;committee (委員會) means any committee of the corporation established by or under the constitution;constitution (章程) means the constitution of the corporation;corporation (法團) means the corporation established by section 3;executive director (總裁) means the executive director of the corporation;member agency (會員機構) means any agency engaged in social welfare work which is a member agency of the corporation in accordance with the constitution;president (會長) means the president of the corporation;vice-president (副會長) means a vice-president of the corporation. Part II Establishment of Corporation 3. Establishment of corporation There is hereby established a corporation to be called “The Community Chest of Hong Kong (香港公益金)”. 4. Common seal The corporation shall have a common seal, and the fixing of the seal shall be authenticated by the signatures of the president or a vice-president and of the executive director. 5. Certain contracts and instruments not required to be under seal Any contract or instrument which, if entered into or executed by a person not being a corporation would not be required to be under seal, may be entered into or executed on behalf of the corporation by any person generally or specially authorized for the purpose by the board. Part III Membership of Corporation 6. Membership of corporation The corporation shall have such members as are provided for by the constitution. Part IV Objects and Powers of Corporation 7. Objects of corporation The objects of the corporation shall be—(a) to raise funds through a community-wide appeal and to distribute them to member agencies from time to time according to the resolutions of the board;(b) to raise such funds as may be necessary for its efficient management; and(c) to disseminate the idea of a community chest. 8. Powers of corporation The corporation shall have full power—(a) to manage, administer and operate The Community Chest of Hong Kong;(b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3)(c) to acquire, by purchase or otherwise, goods and chattels of any kind or description;(d) to invest moneys on deposit in any bank in Hong Kong or elsewhere or any deposit-taking company or restricted licence bank within the meaning of section 2 of the Banking Ordinance (Cap. 155) or in any Hong Kong or other government bonds or on mortgage of any land, buildings, messuages or tenements in Hong Kong, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in Hong Kong or elsewhere; (Amended 82 of 1970 s. 2; 38 of 1986 ss. 2 & 3; 49 of 1995 s. 53)(e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit;(ea) to act, either alone or jointly with any person, as a trustee of any trust which is established for charitable purposes in Hong Kong; (Added 82 of 1970 s. 2)(eb) to accept any money or property of any description upon terms that it be held under any trust for the benefit of member agencies and to execute any deed establishing any such trust, which may include provisions for the appointment and remuneration of any of the trustees thereof; (Added 82 of 1970 s. 2)(f) to erect any buildings, messuages or tenements and effect any improvement thereto;(g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscriptions;(h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. 8A. Corporation a charity For the avoidance of doubt, the corporation is hereby declared to be a charity.(Added 82 of 1970 s. 3) Part V Management of Corporation 9. Management of corporation vested in board Subject to this Ordinance and the constitution, the board shall have the management of the corporation. 10. Delegation by board The board may delegate such of its functions under section 9 as it may specify to—(a) any committee;(b) any person; or(c) the person for the time being holding any office designated by it. Part VI Constitution of Corporation 11. (Omitted as spent) 12. Board to prescribe constitution The board shall prescribe a constitution for the corporation as soon as practicable after the commencement* of this Ordinance. Editorial Note: * Commencement date: 8 November 1968. 13. Certain instruments and particulars to be delivered to Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following—(a) notice of the address of the office of the corporation and any change thereto;(b) a copy of the constitution and any amendment thereto, certified as correct by the president;(c) the name and address of any person appointed under section 5 to sign contracts and other instruments and any change therein, certified as correct by the president;(d) the names and addresses of the officers of the corporation and the members of the board and any change therein, certified as correct by the president.(2) Notification in accordance with subsection (1) shall be made within 28 days after the commencement* of this Ordinance or in the case of any amendment, change or appointment, within 28 days of the amendment, change or appointment, as the case may be.(3) Any person may inspect any of the documents registered under this section upon payment of such fee as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) for the inspection of a document. (Amended 28 of 2012 ss. 912 & 920)(4) The corporation shall pay such fee for registering any document under this section as is payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622), as if the corporation were a company not having a share capital. (Amended 28 of 2012 ss. 912 & 920) Editorial Note: * Commencement date: 8 November 1968. 14. Saving 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 41 of 1999 s. 3)