Hong Kong Baptist Church Incorporation Ordinance


Published: 1997-06-30

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Cap 1078 - HONG KONG BAPTIST CHURCH INCORPORATION ORDINANCE 1

Chapter: 1078 HONG KONG BAPTIST CHURCH INCORPORATION
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the incorporation of the Trustees of the Hong Kong Baptist Church.


[27 May 1955]

(Originally 17 of 1955)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Hong Kong Baptist Church Incorporation Ordinance.

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"church" (教會) means the Hong Kong Baptist Church;
"committee" (委員會) means the committee elected by members of the church;
"deacons" (會佐) means the deacons of the church;
"members" (會友) means the adults who have been baptised in and admitted to the church or those transferred from

other baptist churches and admitted to the church.

Section: 3 Description and incorporation 32 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 32 of 1999 s. 3


The trustees for the time being of the Hong Kong Baptist Church shall be a body corporate, hereinafter called the
corporation, and shall have the name "The Trustees of The Hong Kong Baptist Church", 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 break, alter and make anew the said seal.

(Amended 32 of 1999 s. 3)

Section: 4 Powers of corporation 30/06/1997


(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 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 vessels and 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 vessels 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.

Section: 5 Transfer of property 30/06/1997


The legal estate in any property whatsoever transferred to the corporation in any manner whatsoever shall in the
event of the death of any of the trustees for the time being or in the
event of any trustee ceasing to hold office as such trustee vest in the trustees for the time being duly appointed.



Cap 1078 - HONG KONG BAPTIST CHURCH INCORPORATION ORDINANCE 2


Section: 6 Number of trustees 30/06/1997


The number of the trustees shall be seven.

Section: 7 Vacation of office by trustee 30/06/1997


The office of any trustee shall be automatically vacated if such trustee shall die or shall resign his office or if a
resolution be passed at a meeting of members of the church requiring the resignation of such trustee or if his term of
office shall come to an end.

Section: 8 New trustees; their appointment and tenure of office 30/06/1997


(1) At the annual general meeting of members of the church held in each year, six new trustees shall be elected
by members of the church as follows-

(a) three deacons who have been proposed by the deacons of the church;
(b) three members of the committee who have been proposed by the members of the committee.

(2) If there shall only be one clergyman or preacher then he shall be ex officio a trustee but if there shall be
more than one, then the members of the church shall elect in the church during the month of January each year a
presiding clergyman or preacher from among the number of clergymen or preachers, and such presiding clergyman or
preacher shall be ex officio a trustee.

(3) Subject to the provisions of section 7, trustees when elected shall hold office until the annual general
meeting of members of the church in the following year. Trustees whose terms of office have expired shall be eligible
for re-election.

Section: 9 Filling casual vacancies among trustees 30/06/1997


If the office of a trustee be vacated other than through the expiration of the term of office then a new trustee shall
be elected by the members of the church from among the class of members of the church who proposed the trustee
whose office is vacated and such new trustee shall hold office until the next annual general meeting of the members of
the church.

Section: 10 Notification of changes of trustees L.N. 362 of 1997;

32 of 1999
01/07/1997



Remarks:
Adaptation amendments retroactively made - see 32 of 1999 s. 3


(1) Any change in membership of the trustees shall within three weeks of such change be notified in writing to
the Chief Secretary for Administration and by the publication of a notice in the Gazette. (Amended L.N. 226 of 1976;
L.N. 242 of 1994; L.N. 362 of 1997)

(2) No such change shall be deemed to have been made until a notification of such change has been published
in the Gazette.

(3) The production of a copy of the Gazette containing any such notification shall be prima facie evidence of a
change in membership of the trustees.

(4) The trustees shall when required by the Chief Executive furnish to him satisfactory proof of the succession,
election or appointment of any new trustee. (Amended 32 of 1999 s. 3)

Section: 11 Appointment of chairman, Vice-chairman, and secretary 30/06/1997


The trustees when elected shall appoint a chairman, a vice-chairman, and a secretary from among their number.




Cap 1078 - HONG KONG BAPTIST CHURCH INCORPORATION ORDINANCE 3

Section: 12 Execution of deeds 30/06/1997


All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence
of three or more of the trustees, one of whom must be a trustee ex officio and shall also be signed by the three of such
trustees present and such signing shall be and be taken as sufficient evidence of the due sealing thereof.

Section: 13 Appointment and removal of clergyman or preacher 30/06/1997


The members of the church may at a general meeting of the members appoint a clergyman or clergymen or
preacher or preachers to perform and carry on divine worship and the services usual in the Baptist Churches and may
also appoint a preacher or preachers and other officers or staff to assist the presiding clergyman or preacher to carry on
all matters connected with the religious services or other affairs of the church under the immediate direction of the
presiding clergyman or preacher, and may remove all or any of them.

Section: 14 Custody of documents 30/06/1997


All books, deeds, papers and other documents belonging to the church shall be under the care and custody of
some one or more persons appointed by the trustees.

Section: 15 Power of committee to make regulations 30/06/1997


All regulations relating to the affairs of the church otherwise than those specifically provided for by this
Ordinance shall be drawn up by a committee appointed by the members of the church for such purpose and shall be
submitted to the general meeting for approval.

Section: 16 Regulations not binding until approved 30/06/1997


No regulations made by any committee under section 15 shall be binding on the members of the church unless
such regulations have been passed by a majority of members present and voting at a general meeting of members.

Section: 17 Saving 32 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 32 of 1999 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 32 of 1999 s. 3)