To provide for the incorporation of the Minister and Board of Trustees of The Emmanuel Church.
[15 April 1954]
(Format changes—E.R. 2 of 2022)
This Ordinance may be cited as the Emmanuel Church Incorporation Ordinance.
In this Ordinance, unless the context otherwise requires—
board of trustees (受託人委員會) means the board of trustees of the church for the time being appointed in accordance with the constitution; church (教會) means The Emmanuel Church; constitution (章程) means the constitution for the time being of the church; minister (牧師) means the minister of The Emmanuel Church for the time being appointed in accordance with the constitution.The minister and board of trustees of the church and their successors in office shall be a body corporate, hereinafter referred to as the corporation, and shall have the name of “The Emmanuel 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. (Amended 33 of 1999 s. 3)
The minister shall be appointed in accordance with the constitution and shall for the period of his appointment be a member of the corporation upon notice of his appointment and where such appointment is made to replace a retiring minister of the church, upon, in addition, notice of such retirement, being filed with the Registrar of Companies. Any such notice shall be signed by the retiring minister and by the board of trustees and shall be sealed with the common seal of the corporation.
The members of the board of trustees shall be appointed in accordance with the constitution and shall for the periods of their respective appointments be members of the corporation upon notice of their appointment, and where such appointment is made to replace a retiring member of the board of trustees, upon, in addition, notice of such retirement, being filed with the Registrar of Companies. Any such notice shall be signed by the continuing and retiring trustee or trustees and shall be sealed with the common seal of the corporation.
The board of trustees shall be lawfully constituted notwithstanding any vacancies occurring therein by death, absence, resignation or incapacity of any member or any other cause: Provided always that the board of trustees shall at no time consist of less than two members.
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 in Hong Kong, and also to invest moneys upon mortgage of any lands, buildings, debentures, stocks, funds, shares or securities of any corporation or company carrying on business or having an office in Hong Kong, and also to purchase and acquire all goods and chattels of what nature or kind soever. (Amended 33 of 1999 s. 3)
The corporation shall further have power to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages or tenements, mortgages, debentures, stocks, securities, goods and chattels vested in the corporation on such terms as the corporation may seem fit.
All deeds, documents and other instruments requiring the seal of the corporation shall be sealed with its common seal in the presence of the minister and two members of the board of trustees and shall also be signed by them and such signing shall be taken as sufficient prima facie evidence of the due sealing of such deeds, documents and other instruments.
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 33 of 1999 s. 3)