Cap. 1106 - Yan Chai Hospital Ordinance

To provide for the management of the Yan Chai Hospital and for the incorporation of the Board of Directors of the Hospital. [12 October 1962](Format changes—E.R. 4 of 2022) 1. Short title This Ordinance may be cited as the Yan Chai Hospital Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—Board of Directors (董事局) means the Board of Directors for the time being of the hospital;constitution (章程) means the constitution of the hospital;hospital (醫院) means the Yan Chai Hospital. 3. Establishment of Board of Directors and approval of constitution (1) There shall be established a Board of Directors of the hospital, which shall consist of such persons, not being less than 15 nor more than 40 in number, as may be nominated by the Secretary for Health.(2) The Secretary for Health may at any time remove from office any person nominated under subsection (1), and may nominate some other person to fill the vacancy caused by the removal of such person from office.(3) The Secretary for Health shall approve a constitution, which shall thereafter govern, subject to the provisions of this Ordinance, all matters concerning the appointment, resignation or removal of members of the Board of Directors and all other matters concerning the financing, construction and management of the hospital.(4) A copy of the constitution, signed by the chairman of the Board of Directors, shall be filed with the Registrar of Companies.(Amended L.N. 370 of 1981; L.N. 14 of 1983; L.N. 18 of 1983; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022) 4. (Repealed 26 of 1978 s. 2) 5. Incorporation The Board of Directors, hereinafter called the corporation, shall be a body corporate subject to the constitution and shall have perpetual succession in the name of the “Yan Chai Hospital”, and in that name may sue and be sued and shall have and may use a common seal. 6. Powers of the 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 in Hong Kong, and also to invest money on mortgage of any lands, buildings, debentures, stocks, funds, shares or securities of any corporation or company carrying on business or having an office in Hong Kong and also to purchase and acquire all goods and chattels of what nature or kind soever. (Amended 74 of 1974 s. 3; 68 of 1995 s. 2)(2) The corporation shall further have power to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages or tenements, mortgages, debentures, stocks, shares, securities, goods or chattels vested in the corporation on such terms as to the corporation may deem fit.(3) The powers conferred by this section shall only be exercised for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting or furthering the work of the corporation as specified in the articles of the constitution. 7. Amendment of constitution (1) The corporation may from time to time amend the constitution by resolution passed by a majority of not less than three-quarters of the directors for the time being: Provided that the consent in writing of the Secretary for Health shall be obtained prior to the introduction of any such resolution. (Amended L.N. 370 of 1981; L.N. 14 of 1983; L.N. 18 of 1983; L.N. 106 of 2002; L.N. 130 of 2007; L.N. 144 of 2022) (2) A copy, signed by the chairman of the Board of Directors, of every such amendment shall within 7 days after the passing of the resolution effecting the same be filed with the Registrar of Companies. 8. Executive committee The constitution shall make provision for the appointment of an executive committee, which shall be responsible for the day to day administration of the hospital; and the corporation shall be deemed to have delegated to such executive committee upon appointment in accordance with the constitution such of its powers and functions as are necessary to enable such committee to carry on efficiently such day to day administration and may in addition thereto delegate to such committee such other of its powers and functions as it may consider appropriate. 9. Use of common seal Any deed, document or other instrument requiring the seal of the corporation shall be sealed with its common seal in the presence of 2 members of the Board of Directors and shall also be signed by them and such signing shall be taken as sufficient prima facie evidence of the due sealing of such deed, document or other instrument. 10. 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)