To provide for the incorporation of the Procurator in Hong Kong of the Irish Province of the Order of Franciscans Minor.
[24 December 1937]
(Format changes—E.R. 2 of 2023)
This Ordinance may be cited as the Irish Province of the Order of Franciscans Minor Incorporation Ordinance.
The Procurator for the time being in Hong Kong of the Irish Province of the Order of Franciscans Minor shall be a corporation sole, hereinafter called the corporation, and shall have the name of “The Procurator in Hong Kong of the Irish Province of the Order of Franciscans Minor”, 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.
(Amended 32 of 1999 s. 3)
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 vessels and other goods and chattels of what nature and kind soever.
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.
The legal estate in any property whatsoever transferred to the corporation in any manner whatsoever shall, in the event of the death of the Procurator for the time being in Hong Kong of the Irish Province of the Order of Franciscans Minor, or in the event of his ceasing to hold office as such Procurator, pass to his successor in such office when appointed.
When any other person is appointed to the office of Procurator in Hong Kong of the Irish Province of the Order of Franciscans Minor such person shall within three 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.
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. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997)
(Amended 32 of 1999 s. 3)
All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of the said Procurator or his attorney and shall be signed by him or his attorney, and such signing shall be taken as sufficient evidence of the due sealing of such deeds and other instruments and all deeds, instruments and other documents and writings requiring the signature of the corporation shall be signed by such Procurator or his attorney.
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)