Cap. 1024 - Hong Kong Tuberculosis, Chest and Heart Diseases Association Incorporation Ordinance

To incorporate the Hong Kong Tuberculosis, Chest and Heart Diseases Association. (Replaced 9 of 1980 s. 2) [3 February 1967](Format changes—E.R. 4 of 2022)Preamble WHEREAS—(1) the former Hong Kong Anti-Tuberculosis Association was incorporated by Ordinance in 1948 with its main purpose to combat tuberculosis in Hong Kong:(2) since that time many organizations throughout the world, also established for the purpose of combating tuberculosis, have extended the scope of their activities to include all diseases of the chest and heart:(3) the former Association being desirous of likewise extending the scope of its activities and of making changes in its constitution:(4) it is considered expedient to make provision accordingly by legislation: 1. Short title This Ordinance may be cited as the Hong Kong Tuberculosis, Chest and Heart Diseases Association Incorporation Ordinance.(Amended 9 of 1980 s. 3) 2. Interpretation In this Ordinance, unless the context otherwise requires—Association (協會) means the Hong Kong Tuberculosis, Chest and Heart Diseases Association incorporated under section 3; (Amended 9 of 1980 s. 4)Board (董事會) means the Board of Directors established under the Constitution;Chairman (主席) means the Chairman of the Board;Constitution (會章) means the Constitution of the Association for the time being in force, subject to the provisions of this Ordinance relating to any matter expressly dealt with in this Ordinance;former Association (前防癆會) means the Hong Kong Anti-Tuberculosis Association established under the repealed Hong Kong Anti-Tuberculosis Association Incorporation Ordinance (Cap. 1024, 1964 Ed.). 3. Incorporation of Association The Hong Kong Tuberculosis, Chest and Heart Diseases Association shall be a body corporate and in that name shall have perpetual succession and may sue and be sued in all courts in Hong Kong and shall have, and may use, a common seal, and may from time to time break, change, alter and make anew the said seal as the Association may deem fit.(Amended 9 of 1980 s. 5; 41 of 1999 s. 3) 4. Objects of the Association The objects of the Association are each and every of the following—(a) to carry on and continue the work and activities hereto before carried on by the Association;(b) to promote, encourage, or undertake research and experimental work on the prevention, diagnosis, treatment, and any other aspects of the diseases and malfunctions of the chest, heart and lung, and to publish the findings of such work;(c) to establish and operate hospitals, clinics, or such other institutions and to provide rehabilitation and medical treatment for those suffering or have suffered from diseases or malfunctions of the chest, heart or lung;(d) to provide medical, convalescent, or rehabiliatory services generally for the benefit of the community of Hong Kong, and in the following institutions—(i) the Ruttonjee Hospital;(ii) the Freni Memorial Convalescent Home;(iii) the Grantham Hospital; and(iv) any other hospitals, clinics, infirmaries or other establishments managed by the Association;(e) to establish, maintain, support, and operate hospitals, clinics, infirmaries, homes for the aged, convalescent centres or any other similar establishments;(f) to establish, maintain, conduct, or operate, and to assist, financially or otherwise, any other charitable activities or institutions with all or any of its objects similar to those of the Association;(g) to provide social and cultural services for the Hong Kong community;(h) to promote the general welfare of the people of Hong Kong, and in particular, in the furtherance of health and the relief of distress and sickness;(i) to promote and extend the objects of the Association overseas; and(j) to establish and maintain affiliations with overseas organizations in the promotion and furtherance of the objects of the Association.(Replaced 43 of 1988 s. 2) 5. Powers of the Association The Association shall have power—(a) to acquire by purchase, lease or otherwise and to hold, possess and enjoy any lands, buildings, messuages or tenements, goods, chattels and other property of whatsoever nature or kind, and wheresoever situate; (Amended 74 of 1974 s. 3)(b) to build, rebuild, alter, vary, renew, maintain and repair any buildings, messuages or tenements and to effect any improvement thereto;(c) to invest moneys on deposit in any bank or upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgage, debentures, debenture stocks, stocks, funds, shares or securities of any government, municipality, corporation or company or such other investment as the Board may think fit;(d) to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, let, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, debenture stocks, stocks, funds, shares, securities, vessels, goods, chattels, property and assets for the time being vested in or belonging to the Association upon such terms as the Association may think fit;(e) to borrow money upon such terms as the Association may think fit, and, subject to section 4(17) of the Summary Offences Ordinance (Cap. 228), to raise money by public or by private subscription;(f) to accept donations, grants or subsidies from any person or Government authority or other body or organization;(g) to establish, support and subscribe to provident funds, pension, retirement and similar schemes for the benefit of employees of the Association and their dependants and to grant and pay pensions or gratuities to and otherwise aid, support or assist any such persons; (Amended L.N. 20 of 1979)(h) generally to do such other acts and things as are incidental or conducive to the objects of the Association as provided by this Ordinance and the Constitution. 6. Vesting of property, etc. of former Association (1) The following properties, namely—(a) all that piece or parcel of ground known and registered in the Land Registry as Aberdeen Inland Lot No. 159;(b) all that piece or parcel of ground known and registered in the Land Registry as Inland Lot No. 7206;(c) all that piece or parcel of ground known and registered in the Land Registry as Inland Lot No. 7254,together with all erections and buildings thereon and together with all rights, easements and appurtenances thereto belonging vested in the former Association shall from the commencement* of this Ordinance be vested in the Association absolutely subject to and with the benefit of the respective Conditions of Grant under which the same are held from the Government. (Amended 8 of 1993 s. 2; 41 of 1999 s. 3)(2) (Repealed 9 of 1980 s. 7)(3) All debentures, stocks, funds, shares, securities, vessels, goods, chattels and other movable assets vested in or belonging to or held for or on behalf of or in trust for the former Association and all moneys subscribed for the purposes of the former Association and all investments of such moneys and all interest, income and profits arising from such investments and all securities therefor shall, at the commencement of this Ordinance, be transferred to, vest in, belong to or be held for or on behalf of or in trust for the Association.(4) All contractual and other rights exercisable or enforceable by the former Association shall, at commencement of this Ordinance, be exercisable and enforceable by the Association in place of the former Association.(5) On the commencement of this Ordinance, the Association shall become liable for all the debts and liabilities and for the performance of all the contractual and other obligations of the former Association. Editorial Note: * Commencement date: 3 February 1967. 7. Membership of Association The Association shall consist of the persons who were ordinary or life members of the former Association under the constitution thereof referred to in section 8 and of all such persons who shall continue to be members or who shall be admitted to membership of the Association in accordance with the Constitution. 8. Constitution of Association The constitution of the former Association as approved and adopted at the Annual General Meeting of the former Association held on 28 October 1966 shall be deemed to be the Constitution of the Association but the same may be amended or replaced by the Association at any time or from time to time in accordance with the provisions of the Constitution. 9. Registration with the Registrar of Companies (1) The Association shall forward to the Registrar of Companies for registration the following—(a) notice of the address of the principal office of the Association and any change thereof;(b) a copy of the Constitution and any amendment thereto certified as correct by the Chairman; and(c) a list of the names, occupations and addresses of the members of the Board and of the officers of the Association and any change therein, certified as correct either by the Chairman alone or by any one other member of the Board and the Secretary.(2) Every document required to be registered in accordance with subsection (1) shall be forwarded to the Registrar within 28 days of the commencement* of this Ordinance or within 28 days of any change or amendment, as the case may be.(3) A fee of $5 shall be payable for registering any document under this section.(4) Any person may inspect any of the documents registered under this section on 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 documents kept by the Registrar of Companies. (Amended 28 of 2012 ss. 912 & 920)(5) The registration of the list mentioned in subsection (1)(c) shall be conclusive evidence of the facts contained in such list. Editorial Note: * Commencement date: 3 February 1967. 10. Sealing and signing of documents (1) All deeds, documents and other instruments requiring the seal of the Association shall be sealed in the presence of 2 members of the Board and shall also be signed by those members and such signing shall be taken as sufficient evidence of the due sealing and execution of such deeds, documents and other instruments.(2) The Board shall be responsible for the safe custody of the common seal of the Association. 11. 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 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)