Cap. 1093 - Kowloon City Baptist Church Ordinance

To provide for the incorporation of the trustees of the Kowloon City Baptist Church. [26 April 1957](Format changes—E.R. 2 of 2022) 1. Short title This Ordinance may be cited as the Kowloon City Baptist Church Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—church (教會) means the Kowloon City Baptist Church. 3. Description and incorporation The trustees for the time being of the Kowloon City Baptist Church shall be a body corporate, hereinafter called the corporation, and shall have the name “The Trustees of the Kowloon City Baptist Church”, 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 break, alter and make anew the said seal.(Amended 33 of 1999 s. 3) 4. 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 deposit in any bank in Hong Kong or upon mortgage of any lands, buildings, messuages or tenements or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation, company or person, and also to purchase, acquire and possess vessels and other goods and chattels of what nature and kind soever. (Amended 33 of 1999 s. 3)(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. 5. Restriction on sale of property The trustees shall not sell any land (with or without buildings thereon) vested in the trustees unless the approval of a general meeting of members of the church to the sale has first been obtained:Provided that in favour of a bona fide purchaser for value the production of a copy of the resolution duly certified under the hands of all the trustees for the time being in Hong Kong shall be conclusive evidence of such approval.(Amended 33 of 1999 s. 3) 6. Transfer of property The legal estate in any property whatsoever transferred to or vested in the corporation in any manner whatsoever shall in the event of the death of any of the trustees for the time being or in the event of any trustee ceasing to hold office as such trustee vest in the trustees for the time being duly appointed. 7. Number of trustees The number of the trustees shall be nine. 8. Vacation of office by trustees The office of any trustee shall be automatically vacated if such trustee shall die or shall resign his office or if a resolution be passed at a meeting of members of the church requiring the resignation of such trustee or if his term of office shall come to an end. 9. New trustees; their appointment and tenure of office (1) Trustees shall be elected by members of the church.(2) Elections shall be held at regular intervals of twelve months. All members of the church of full age and sound mind shall be eligible for election as trustees.(3) At elections at an annual general meeting trustees shall be elected for a term of three years, but so that if a trustee shall vacate office before the expiration of his term the trustee appointed to succeed him shall hold office only for the then residue of the term of the trustee who vacated his office. Retiring trustees shall be eligible for re-election.(4) If the office of a trustee is vacated for any reason other than the expiration of his term of office a new trustee shall be elected at one of the monthly meetings of members of the church and such trustee shall hold office until the next annual general meeting of members of the church. 10. Notification of changes of trustees (1) Any change in membership of the trustees shall within three weeks of such change be notified by the publication of a notice in the Gazette.(2) No such change shall be deemed to have been made until a notification of such change has been published in the Gazette.(3) The production of a copy of the Gazette containing any such notification shall be prima facie evidence of a change in membership of the trustees.(4) The trustees shall when required by the Chief Executive furnish to him satisfactory proof of the succession, election or appointment of any new trustee. (Amended 33 of 1999 s. 3) 11. Execution of deeds The trustees when elected shall appoint a chairman, a vice-chairman, a secretary and a treasurer from among their number and all deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of such four persons or of two of such four persons and two other trustees and shall also be signed by such four persons and such signing shall be and be taken as sufficient evidence of the due sealing thereof. 12. Custody of documents All books, deeds, papers and other documents belonging to the church shall be under the care and custody of the trustees. 13. Power of committee to make regulations All regulations relating to the affairs of the church otherwise than those specifically provided for by this Ordinance shall be drawn up by a committee appointed by the members of the church for such purpose and shall be submitted to the annual general meeting for approval. 14. Regulations not binding until approved No regulations made by any committee under section 13 shall be binding on the members of the church until such regulations have been passed by a majority of members present and voting at an annual general meeting of members. 15. 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 33 of 1999 s. 3)