Cap 1071 - PORTUGUESE COMMUNITY EDUCATION AND WELFARE FOUNDATION INCORPORATION ORDINANCE 1

Chapter: 1071 PORTUGUESE COMMUNITY EDUCATION AND
WELFARE FOUNDATION INCORPORATION
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the incorporation of the Board of Governors of the Portuguese Community Education and Welfare
Foundation.

(Amended 21 of 1982 s. 2)


[15 April 1954]

(Originally 16 of 1954)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Portuguese Community Education and Welfare Foundation Incorporation
Ordinance.

(Amended 21 of 1982 s. 3)

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Board of Governors" (總理團) means the board from time to time appointed pursuant to section 5;
"management committee" (管理委員會) means the committee for the time being appointed pursuant to section 10.

Section: 3 Incorporation 55 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 55 of 2000 s. 3


The Board of Governors for the time being shall be a body corporate under the name of the "Portuguese
Community Education and Welfare Foundation Incorporated", hereinafter called the corporation, 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 the corporation
may seem fit.

(Amended 21 of 1982 s. 4; 55 of 2000 s. 3)

Section: 4 Purposes of the corporation 30/06/1997


The purposes of the corporation shall be to establish and maintain schools whereby children primarily of the
Portuguese community and of other communities in Hong Kong are given a modern and liberal education (special
attention being given to the teaching of the Portuguese language and literature) upon Christian principles, and subject
to that purpose to-

(a) assist in any way the Board of Governors in its absolute discretion may deem fit any person of
whatever age of the Portuguese community selected by the Board of Governors to pursue studies in
any educational institute situated in Hong Kong or elsewhere;

(b) maintain and assist in such manner as the Board of Governors may from time to time and in its
absolute discretion determine whether by grants of money or otherwise, any needy person of whatever
age of the Portuguese community;

(c) assist charitable institutions and organizations which in any manner assist any members of the
Portuguese community;

(d) generally, do all things necessary or expedient for the proper and effective carrying out of any of the
foregoing purposes.



Cap 1071 - PORTUGUESE COMMUNITY EDUCATION AND WELFARE FOUNDATION INCORPORATION ORDINANCE 2

(Replaced 21 of 1982 s. 5)

Section: 5 Board of Governors 30/06/1997


(1) The Board of Governors shall be made up of not more than 10 nor less than 5 members of the Portuguese
community and shall at the commencement of the Portuguese Community Schools Incorporation (Amendment)
Ordinance 1982 (21 of 1982) consist of the following members of the Portuguese community, namely-

(a) Arnaldo de Oliveira Sales Chairman
(b) Arthur Ernesto Gomes Hon. Secretary
(c) Alberto Antonio Maria Rodrigues, Junior Hon. Treasurer
(d) Alberto Maria Rodrigues Member
(e) Rogerio Hyndman Lobo Member
(f) Henrique Alberto de Barros Botelho. Member

(Replaced 21 of 1982 s. 6)
(2) The chairman of the Board of Governors shall be appointed by the Board of Governors annually on the first

day of July.
(3) Subject to subsection (1) the Board of Governors may on the resignation, death or other determination of

the membership of any member of the Board of Governors or at any other time appoint a member of the Portuguese
community to be a member of the Board of Governors, and, if at any time the membership of the Board of Governors
should fall below 5, shall make such appointment as is necessary to bring the membership of the Board of Governors
to 5. (Replaced 21 of 1982 s. 6)

Section: 6 Powers of corporation 55 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 55 of 2000 s. 3


(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 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 other goods and chattels of what nature and kind soever.

(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 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:
Provided that in respect of lands, buildings, messuages, tenements and mortgages such powers shall not be exercised
without the consent of the Chief Executive in Council first had and obtained in each particular case. (Amended 55 of
2000 s. 3)

Section: 7 (Repealed 21 of 1982 s. 7) 30/06/1997




Section: 8 Duty to give notice of appointment to Registrar of
Companies

30/06/1997



Whenever under section 5 (3) any person of the Portuguese community is appointed to succeed any member of
the Board of Governors or to be an additional member of the Board of Governors, the person appointed shall within 3
months after his appointment give written notice to the Registrar of Companies of such fact.

(Replaced 21 of 1982 s. 8)

Section: 9 Execution of documents 30/06/1997


All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence



Cap 1071 - PORTUGUESE COMMUNITY EDUCATION AND WELFARE FOUNDATION INCORPORATION ORDINANCE 3

of 3 or more members of the Board of Governors and shall also be signed by 3 of such members so present and such
signing shall be taken as sufficient evidence of the due sealing thereof.

Section: 10 Management committee 30/06/1997


(1) The management committee shall consist of 3 persons appointed by the Board of Governors annually on the
first day of July. (Amended 21 of 1982 s. 9)

(2) The chairman of the management committee shall be appointed by the Board of Governors annually on the
first day of July.

(3) On the resignation, death or other determination of the membership of any member of the management
committee any vacancy so caused may, if the Board of Governors deems it necessary or expedient, be filled by such
Board.

Section: 11 Quorum and majority decision 30/06/1997


(1) At any meeting-
(a) of the Board of Governors 3 members thereof shall form a quorum;
(b) of the management committee 2 members thereof shall form a quorum. (Amended 24 of 1969 s. 4)

(2) Every question at any meeting of the Board of Governors or of the management committee shall be decided
by a majority of votes of the members present, and in case of an equality of votes the chairman shall have a second or
casting vote.

Section: 12 Delegation of powers to management committee 30/06/1997


The Board of Governors may from time to time delegate to the management committee such powers as the
Board may consider necessary or expedient for the better management of any school established or maintained by the
corporation in order to vest in the management committee the effectual control and management of any such school
subject to such directions as the Board of Governors may give from time to time.

Section: 13 Power of Board of Governors to make rules 30/06/1997


(1) The Board of Governors may make rules providing for-
(a) the control and management of the schools or school premises established or maintained or owned or

occupied by the corporation, and in regard to all matters incidental to the conduct of such schools or
school premises;

(b) the holding of meetings of the Board of Governors or of the management committee and the conduct
of business thereat;

(c) the keeping of accounts of moneys received and expended by the management committee;
(d) all other matters which are necessary for the management and control of the Board of Governors or of

the management committee.
(2) No rules made by the Board of Governors under subsection (1) shall be binding unless such rules have been

passed by a majority of members present and voting.

Section: 14 Saving 55 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 55 of 2000 s. 3


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)