Cap. 1099

To provide for the incorporation of The Council of Heep Yunn School. (Amended 12 of 2008 s. 16) [12 May 1961](Format changes—E.R. 2 of 2022) 1. Short title This Ordinance may be cited as The Council of Heep Yunn School Incorporation Ordinance.(Amended 12 of 2008 s. 17) 2. Interpretation In this Ordinance, unless the context otherwise requires—Constitution (章程) means the Constitution of the Council;Council (管委會) means The Council of Heep Yunn School.(Replaced 12 of 2008 s. 18) 3. Incorporation (1) The body corporate incorporated under this section as in force immediately before the commencement* of the amending Ordinance as “The Council of Heep Yunn School” is preserved and continues in existence as a body corporate under the corporate name of “The Council of Heep Yunn School” in English and “協恩學校管治委員會” in Chinese.(2) The enactment of the amending Ordinance does not affect the legality or validity of anything done by the body corporate referred to in subsection (1) before the commencement of the amending Ordinance.(3) The Council—(a) has perpetual succession under its corporate name;(b) is capable of suing and being sued in its corporate name; and(c) has and may use a seal.(4) In this section, amending Ordinance (《修訂條例》) means the Munsang College and Heep Yunn School (Change of Corporate Names and General Amendments) Ordinance 2008 (12 of 2008).(Replaced 12 of 2008 s. 19)Editorial Note:* Commencement date: 23 May 2008. 4. Object of Council The object of the Council is, subject to sections 32 and 40AD of the Education Ordinance (Cap. 279), to establish, sponsor, operate and manage—(a) Heep Yunn School;(b) Heep Yunn Primary School;(c) Heep Yunn School Private Kindergarten; and(d) other educational institutions in Hong Kong and elsewhere.(Replaced 12 of 2008 s. 20) 4A. Powers and duties of Council (1) The Council shall have all powers and duties specified in the Constitution which do not conflict with this Ordinance.(2) Without limiting subsection (1), the Council may—(a) oversee the performance of—(i) the management committee or the incorporated management committee of Heep Yunn School; and(ii) the management committee or the incorporated management committee of Heep Yunn Primary School; and(b) upon the establishment of the incorporated management committee of Heep Yunn School and the incorporated management committee of Heep Yunn Primary School, grant, sell, assign, demise, let or license to the incorporated management committee of Heep Yunn School or the incorporated management committee of Heep Yunn Primary School or both the whole or any part of the relevant lands together with all or any part of the erections and buildings on those lands and together with any rights, easements and appurtenances belonging to those lands, upon such terms as the Council may deem fit.(3) In this section—incorporated management committee (法團校董會)—(a) in relation to Heep Yunn School, means the incorporated management committee established in respect of the school under section 40BN of the Education Ordinance (Cap. 279);(b) in relation to Heep Yunn Primary School, means the incorporated management committee established in respect of the school under section 40BN of the Education Ordinance (Cap. 279);management committee (校董會)—(a) in relation to Heep Yunn School, means the managers of the school;(b) in relation to Heep Yunn Primary School, means the managers of the school;relevant lands (有關土地) means the following lands that are vested in the Council—(a) all that piece or parcel of ground known and registered in the Land Registry as Kowloon Inland Lot No. 3394 and the Extension thereto; and(b) all that piece or parcel of ground known and registered in the Land Registry as Kowloon Inland Lot No. 6272.(Added 12 of 2008 s. 20) 5. Members of Council (1) The Council shall consist of such members as provided for in the Constitution.(2) The members of the Council shall be appointed and removed from office in accordance with the Constitution.(Replaced 12 of 2008 s. 21) 6. Constitution (1) The constitution of the pre-existing body corporate in operation immediately before the commencement* of the amending Ordinance shall, as from the commencement of the amending Ordinance, be the Constitution of the Council.(2) Subject to the provisions of this Ordinance and the Constitution and to the prior approval of the Standing Committee, the Council may from time to time adopt, alter, amend, add to or repeal the Constitution.(3) In this section—amending Ordinance (《修訂條例》) means the Munsang College and Heep Yunn School (Change of Corporate Names and General Amendments) Ordinance 2008 (12 of 2008);Church (香港聖公會) means the Hong Kong Sheng Kung Hui, a body corporate existing under and by virtue of the Hong Kong Sheng Kung Hui Ordinance (Cap. 1157) and includes its predecessor, the Diocese of Hong Kong and Macao of the Chinese Anglican Church in Hong Kong;pre-existing body corporate (先前法人團體) means the body corporate incorporated under section 3 as in force immediately before the commencement of the amending Ordinance;Standing Committee (常備委員會) means the Standing Committee of the Synod of the Diocese of Eastern Kowloon of the Church or its successor or its replacement from time to time.(Replaced 12 of 2008 s. 22)Editorial Note:* Commencement date: 23 May 2008. 7. (Repealed 12 of 2008 s. 23) 8. Sealing of deeds All deeds, documents and other instruments requiring the seal of the Council shall be signed by the chairman of the Council or by such other person or persons as the Council shall from time to time appoint and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments.(Amended 12 of 2008 s. 24) 8A. Protection of members, officers, etc. (1) A member, officer or office-bearer of the Council, acting in good faith, shall not be personally liable for any act done or default made by—(a) the Council; or(b) any such member, officer or office-bearer,in the exercise or purported exercise of the powers conferred by this Ordinance on the Council or in the performance or purported performance of the functions or duties imposed by this Ordinance on the Council.(2) The protection conferred by subsection (1) on any member, officer or office-bearer of the Council in respect of any act or default shall not affect any liability of the Council for that act or default.(3) In this section, officer (主管人員) includes a member of any sub-committee of the Council and any person to whom the Council has delegated any of its powers.(Added 12 of 2008 s. 25) 9. 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 55 of 2000 s. 3)