To provide for the incorporation of The General of The Salvation Army as a corporation sole having perpetual succession.
[12 October 1951]
(Format changes—E.R. 6 of 2022)
the Deed of Constitution
AND WHEREAS at some time before the 24th day of June, 1880, the name of the said religious society or organization was changed from “the Christian Mission” to “The Salvation Army” as appears by a Memorandum of that date under the hand of the said William Booth endorsed on the Deed of Constitution and afterwards enrolled in the Central Office of the Supreme Court of Judicature in England:
AND WHEREAS the said religious society or organization has since been and is now known as The Salvation Army and The General Superintendent thereof has since been and is now known as The General of The Salvation Army:
the Supplemental Deed of Constitution
AND WHEREAS by a Deed Poll dated the 21st day of November, 1930, under the hand and seal of Edward John Higgins and afterwards enrolled in the Central Office of the Supreme Court of Judicature in England the provisions of the Supplemental Deed of Constitution were (pursuant to a power in that behalf thereby reserved) added to and varied:
This Ordinance may be cited as the Salvation Army Ordinance.
The General of The Salvation Army for the time being shall be deemed a corporation sole, hereinafter called the corporation, and shall be known and described as “The General of The Salvation Army”, and in that name shall have perpetual succession and shall and may have and use a corporate seal and may from time to time break, change, alter and make anew the said seal as to the corporation may deem fit.
The corporation may sue and be sued and take all legal proceedings in any of the Courts of Hong Kong and all writs of summons, notices and legal process may be served upon the corporation by being left at the residence in Hong Kong of the duly appointed attorney of The General of The Salvation Army for the time being. (Amended 41 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.
All deeds, documents and other instruments requiring the seal of the corporation shall be sealed with the seal of the corporation in the presence of The General of The Salvation Army for the time being or his attorney duly authorized by power of attorney and shall also be signed by The General for the time being or his attorney so authorized as aforesaid.
Such signing shall be taken as sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the corporation.
No change of the person holding the office of The General of The Salvation Army shall affect any immovable or movable property or any interest therein vested in the corporation but the same shall notwithstanding any such change continue to be vested in the corporation.
Upon the lodging at the office of the Chief Secretary for Administration of a copy or copies certified by the Chief of Staff of The Salvation Army or the Commissioner acting for the time being as the Chief of Staff of The Salvation Army of a document or documents purporting to be or to record the appointment of and acceptance of office by a General of The Salvation Army it shall be deemed to be conclusive in evidence that the person named in such certified copy or copies is the person duly authorized to exercise the office of The General of The Salvation Army for the time being until the recording and lodging of a similar certified copy or copies as aforesaid.
(Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997)
The General of The Salvation Army for the time being shall have power to appoint an attorney for such time and purposes and with such powers as may be stated in the power of attorney and a notarially certified copy of the said power of attorney shall be lodged at the office of the Chief Secretary for Administration and the donee of the said power of attorney shall be deemed to be the duly authorized attorney of The General of The Salvation Army for the time being until the recording and lodging of a subsequent and similarly certified copy power of attorney.
(Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997)
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)