Cap. 1005 - Scout Association of Hong Kong Ordinance

To incorporate the Scout Association of Hong Kong, and to further and protect its activities. (Replaced 28 of 1977 s. 2) [2 December 1927](Format changes—E.R. 4 of 2022) 1. Short title This Ordinance may be cited as the Scout Association of Hong Kong Ordinance.(Amended 19 of 1975 s. 4; 28 of 1977 s. 3) 2. Interpretation In this Ordinance, unless the context otherwise requires—Association (總會) means the Scout Association of Hong Kong being the body recognized by the World Scout Conference, and registered with the World Scout Bureau, as the sole Scout organization in Hong Kong; (Replaced 28 of 1977 s. 4)constitution (會章) means the constitution of the Association as approved by the World Scout Conference, any amendment duly made thereto and all by-laws and rules made thereunder; (Added 28 of 1977 s. 4)Scout (童軍) includes Cub Scout, Scout, Sea Scout, Air Scout, Venture Scout, Venture Sea Scout, Venture Air Scout, Rover Scout, Rover Sea Scout, Rover Air Scout, Lone Scout, Deep Sea Scout, Cadet Leader, and Scouter recognized as such, and also any person recognized as an officer, under the constitution. (Replaced 28 of 1977 s. 4) 3. Distribution of badges No person other than the Association shall distribute or sell or expose for sale—(a) any badge, token or emblem specifically adopted by the Association for use by Scouts; or(b) any badge, token or emblem containing the word “Scout”, any emblem referred to in paragraph (a) or the characters “童軍”.(Amended 19 of 1975 ss. 3 & 6; 28 of 1977 s. 5) 4. Unauthorized possession of badges No person shall, except with the authority of the Association or with other lawful authority or lawful excuse, have in his possession—(a) any badge, token or emblem specifically adopted by the Association for use by Scouts; or(b) any badge, token or emblem containing the word “Scout”, any emblem referred to in paragraph (a) or the characters “童軍”.(Amended 19 of 1975 ss. 3 & 6; 28 of 1977 s. 6) 5. Possession of unauthorized badges No person shall without lawful authority or excuse have in his possession—(a) any device which so closely resembles any badge, token or emblem specifically adopted by the Association for use by Scouts as to lead to the belief that the device in question is such badge, token or emblem; or(b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any Scout as to be calculated to deceive or mislead.(Amended 19 of 1975 ss. 3 & 7; 28 of 1977 s. 7) 6. Wrongful exercise of authority No Scout shall, by virtue of his wearing, carrying or bearing any badge, token or emblem of the Association or otherwise, attempt to enforce or exercise authority otherwise than in accordance with the constitution.(Amended 19 of 1975 ss. 3 & 7; 28 of 1977 s. 8) 7. Unauthorized bodies (1) No person shall form or work in connexion with or be a member of any organization which without authority from the Association claims or purports to be “Scouts”, or any organization, other than the Association, which uses the title of “Scouts” or the Chinese characters “童軍”, or any title in any language, with or without additional words or characters, which so closely resembles either of the two said titles as to be calculated to deceive or mislead, or any organization which, by the use of any such title or otherwise, without due authority purports or claims to be connected with the Association. (Amended 19 of 1975 ss. 3 & 8; 28 of 1977 s. 9)(2) (Repealed 28 of 1977 s. 9) 8. Penalty Any person who contravenes any of the provisions of section 3, 4, 5 or 7 shall be guilty of an offence and shall be liable on conviction to a fine at level 2.(Replaced 19 of 1975 s. 9. Amended 28 of 1977 s. 10; E.R. 4 of 2022) 9. Incorporation (1) The Scout Association of Hong Kong shall be a body corporate consisting of the persons for the time being holding office in the Association as—(a) President;(b) Chief Commissioner;(c) Chairman of the Executive Committee;(d) Secretary; and(e) Treasurer. (Replaced 28 of 1977 s. 11)(1A) The corporation shall have perpetual succession, may sue and be sued in all courts and shall have and may use a common seal. (Added 19 of 1975 s. 10)(2) Whenever any person is appointed to the office of President, Chief Commissioner, Chairman of the Executive Committee, Secretary or Treasurer of the Association, such person shall, within 6 weeks after his appointment or within such further time as may be allowed by the Chief Executive, furnish to the Chief Executive satisfactory evidence of his appointment. (Amended 19 of 1975 ss. 3 & 10; 28 of 1977 s. 11)(3) A notification in the Gazette under the hand of the Chief Secretary for Administration that such evidence has been furnished to the Chief Executive by such person shall be conclusive evidence of such appointment. (Amended L.N. 362 of 1997)(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 4 of 2000 s. 3) 9A. Officers deputies (1) Where any of the officers specified in section 9(1) is unable, by reason of sickness, absence from Hong Kong or any other cause, to discharge any of the powers or duties to be exercised or performed by him under this Ordinance, those powers or duties may be exercised or performed by his deputy.(2) The deputy to the President shall be such one of the Vice-Presidents as may be nominated by the President as his deputy and appointed in accordance with the constitution. (Amended 28 of 1977 s. 12)(Added 19 of 1975 s. 11) 10. Powers of corporation (1) The Association 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 mortgage of any lands, buildings, messuages or tenements or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess vessels, goods and chattels of what nature and kind soever.(2) The Association 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, vessels, goods or chattels, which are for the time being vested in or belonging to the Association, upon such terms as to the corporation may seem fit.(3) The Association may purchase or otherwise acquire and undertake all or any part of the property, liabilities or engagements of any company, institution, society or association whose activities or objects are connected with or are similar to those of the Association. (Added 19 of 1975 s. 12)(Amended 28 of 1977 s. 13) 11. Execution of documents All instruments requiring the signature of the Association shall be signed by, and all deeds and other instruments requiring the seal of the Association shall be sealed in the presence of, the President and one of the persons specified in section 9(1)(b), (c), (d) and (e).(Replaced 19 of 1975 s. 13. Amended 28 of 1977 s. 14) 12. Internal management All matters of internal management shall be settled and carried out in accordance with the constitution.(Replaced 19 of 1975 s. 13. Amended 28 of 1977 s. 15) 13. 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 1939; G.N. 840 of 1940 Supp. Schedule; 4 of 2000 s. 3)