Cap. 1095 - Hong Kong Council of the Church of Christ in China Incorporation Ordinance

To provide for the incorporation of the Hong Kong Council of the Church of Christ in China. [5 September 1958](Format changes—E.R. 2 of 2022) 1. Short title This Ordinance may be cited as the Hong Kong Council of the Church of Christ in China Incorporation Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—chairman (主席), vice-chairman (副主席), treasurer (司庫) mean the chairman, vice-chairman and treasurer respectively appointed by the executive committee from time to time to act as such;constitution (憲章) means the constitution for the time being in force governing the corporation together with any amendment thereto made from time to time in accordance with such constitution;corporation (法團) means The Hong Kong Council of the Church of Christ in China incorporated under section 3;executive committee (執行委員會) means the executive committee which has the power of management and control of the affairs of the corporation in accordance with the constitution;general secretary (總幹事) means the general secretary appointed by the executive committee;members (成員) means the active pastors, ministers and preachers holding office in the corporation and the delegates of the local churches, co-operating missions and church bodies, educational institutions, medical and religious institutions and missionary bodies as are or shall become members of The Hong Kong Council of the Church of Christ in China in accordance with the constitution. 3. Incorporation The members for the time being of the Hong Kong Council of the Church of Christ in China shall be a body corporate and shall have the corporate name, “The Hong Kong Council of the Church of Christ in China”, 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 from time to time, break, change, alter and make anew the said seal as to the corporation may seem fit.(Amended 4 of 2000 s. 3) 4. Powers of corporation (1) The corporation shall have power to acquire, accept and grant 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 build, rebuild, alter, vary, renew, maintain and repair any building, messuage or tenement, and also to invest moneys upon mortgages of any lands, buildings, messuages or tenements, or in debentures, stocks, funds, shares or securities of any government, municipality, corporation, or company, and also to purchase, acquire and possess goods and chattels of what nature and kind soever.(2) (Repealed 74 of 1974 s. 3)(3) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, pledge, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities or goods and chattels whatsoever, which are for the time being vested in or belonging to the corporation, upon such terms as to the corporation may deem fit. 5. Execution of deeds (1) All deeds, documents and other instruments requiring the seal of the corporation shall be—(a) sealed in the presence of any three of the following persons namely, the chairman or in his absence from Hong Kong, of the vice-chairman, the treasurer, the general secretary and any two members of the executive committee; and(b) signed by three of the persons named above in whose presence the seal was affixed.(2) The seal shall be kept in the custody of the chairman, or in his absence from Hong Kong, in the custody of the vice-chairman.(Amended 4 of 2000 s. 3) 6. Vesting of property (1) All those pieces or parcels of ground the particulars whereof are contained and more particularly described in the first column of the Schedule together with all rights, easements and appurtenances thereunto belonging or appertaining shall upon registration by the corporation in the Land Registry of a memorial of this Ordinance be transferred to and be vested in the corporation for the residues now unexpired of the terms created therein by the Crown Leases thereof respectively, subject to the payment of the rents reserved by the said Crown Leases respectively and the performance and observance of the lessees’ covenants and the conditions therein contained, and subject also to such mortgages, charges, leases, tenancies and other agreements (if any) and upon such trusts, conditions and stipulations, as may be subsisting in relation to such premises upon the commencement* of this Ordinance. (Amended 8 of 1993 s. 2; 20 of 2002 s. 5)(2) On the coming into operation of this Ordinance all other property goods and chattels and rights which immediately before the commencement of this Ordinance were held in trust for The Hong Kong Council of the Church of Christ in China shall be transferred to and become vested in the corporation. Editorial Note: * Commencement date: 5 September 1958. 7. Proof of membership of the corporation and proof of the constitution A certificate under the hand of the chairman, or in his absence from Hong Kong, of the vice-chairman— (Amended 4 of 2000 s. 3)(a) that any active pastors, ministers or preachers holding office in the corporation or any local church, co-operating mission and church body, educational institution, medical institution, religious institution or missionary body named therein is a member of the corporation; or(b) that any rules or regulations annexed to such certificate are the constitution,shall be accepted for all purposes as sufficient proof of the fact that such active pastors, ministers or preachers, local church, co-operating mission and church body, educational institution, medical institution, religious institution or missionary body is a member of the corporation, or that the constitution was duly made and is in force. 8. Registration with Registrar of Companies (1) The corporation shall send to the Registrar of Companies for registration—(a) notice of the address of the principal office of the corporation and any change thereof;(b) a copy of the constitution certified as correct by the chairman, or in his absence from Hong Kong, the vice-chairman; (Amended 4 of 2000 s. 3)(c) a list of the names and addresses of the chairman, vice-chairman, treasurer, general secretary and members of the executive committee, and any change therein, certified as correct by the chairman, or in his absence from Hong Kong, the vice-chairman. (Amended 4 of 2000 s. 3)(2) Notification in accordance with subsection (1) shall be made within four weeks of the making of any amendment or change, as the case may be: Provided that the Registrar of Companies may for good cause shown extend the period. (3) The registration of the list mentioned in paragraph (c) of subsection (1) shall be conclusive evidence of the appointments to the offices mentioned therein.(4) A fee of five dollars shall be payable for registering any document under this section.(5) Upon payment of a fee of one dollar, any person may inspect any of the documents registered with the Registrar of Companies under this section. 9. Internal management of the corporation All matters affecting the corporation and its internal management including any amendment of the constitution shall be settled and carried out in accordance with the constitution. 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 4 of 2000 s. 3) Schedule Description of Property Registered Owner All those pieces or parcels of land registered as Lots Nos. 3303 and 3304 in Demarcation District No. 102 in the New Territories, together with the messuages or dwelling houses, buildings and erections thereon. The Hong Kong New Territory Evangelization Society of Hong Kong.