To provide for the incorporation of the local representative in Hong Kong of the Institute of the Marist Brothers of the Schools.
[18 December 1953]
(Format changes—E.R. 4 of 2022)
This Ordinance may be cited as the Institute of the Marist Brothers of the Schools Incorporation Ordinance.
The representative for the time being in Hong Kong of the Institute of the Marist Brothers of the Schools, hereinafter referred to as the Visitor, shall be a body corporate, hereinafter referred to as the corporation, and shall have the name “The Visitor in Hong Kong of the Institute of the Marist Brothers of the Schools”, 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.
(Amended 55 of 2000 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, or company and also to purchase, acquire and possess 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 other 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 seem fit.
The legal estate in any property whatsoever, vested in the corporation in any manner whatsoever, shall, in the event of death of the Visitor, or in the event of his ceasing to hold office as such Visitor pass to his successor in such office subject to compliance with subsection (2) of section 6.
All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of the Visitor or of his attorney duly authorized, and such deeds and instruments and all other documents, instruments and writings requiring the signature of the corporation shall be signed by the Visitor or his attorney.
The appointment of a new Visitor in the event of death or for any other reason, shall be made by the General Board of Administration of the Institute of the Marist Brothers of the Schools of Rome, (EUR), Italy.
Whenever any person is appointed to the office of Visitor within three weeks of such appointment or within such further period as the Chief Executive may allow, such person shall furnish to the Registrar of Companies notice of his appointment and evidence thereof to the satisfaction of such Registrar, and shall then and within three weeks of any change of address, furnish to such Registrar particulars of his place of residence or other sufficient address within Hong Kong. (Amended 55 of 2000 s. 3)
The registration of the appointment of a Visitor shall be conclusive evidence of such appointment.
There shall be payable to the Registrar of Companies a fee of $5 in respect of a registration of appointment and address under subsection (2) and a similar fee in respect of each change of address, and a fee of $1 shall be payable in respect of each search of the file. (Amended E.R. 4 of 2022)
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)