Cap. 153 《華人廟宇條例》Chinese Temples Ordinance

The Chinese Temples Committee referred to in section 7 may, subject to the approval of the Chief Executive in Council, by regulation provide for— (Amended 33 of 1999 s. 3)

Nothing in this section shall be construed as obliging the Chinese Temples Committee to make any regulation before exercising any other power conferred on the committee by this Ordinance.

Subject to the provisions of subsections (2) and (3), no Chinese temple shall be established or maintained unless it is in a building which is a complete and separate building and which is erected and is used for the purpose of such temple and for no other purpose.

Notwithstanding anything in subsection (1), it shall be lawful for the Chinese Temples Committee referred to in section 7 to exempt any Chinese temple from the provisions of subsection (1). Any such exemption may be withdrawn at any time by the Chinese Temples Committee upon such notice as to the said committee may seem proper.

Notice of a refusal to exempt any Chinese temple under subsection (2) or to withdraw any exemption under that subsection shall be accompanied by an adequate statement of the reasons for that refusal or for that withdrawal. (Replaced 6 of 1994 s. 45)

Any person aggrieved by a decision of the Chinese Temples Committee to refuse to exempt any Chinese temple under subsection (2) or to withdraw any exemption under that subsection may, within 28 days after receiving notice of such refusal or withdrawal, as the case may be, appeal to the Administrative Appeals Board. (Added 6 of 1994 s. 45)

A decision to withdraw any exemption that is appealed against under subsection (4) shall be suspended in its operation as from the day on which the appeal is made until such appeal is disposed of, withdrawn or abandoned unless such suspension would, in the opinion of the Chinese Temples Committee, be contrary to the public interest and the notice of the decision contains a statement to that effect. (Added 6 of 1994 s. 45)

No Chinese temple shall be established or maintained unless it is registered in accordance with the provisions of this Ordinance. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

Registration shall be effected at the office of the Secretary for Home and Youth Affairs and the following particulars shall be supplied in order to effect registration— (Amended L.N. 262 of 1989; L.N. 144 of 2022)

Notwithstanding anything in the Secretary for Home and Youth Affairs Incorporation Ordinance (Cap. 1044), the revenues, funds, investments and properties of all Chinese temples shall, subject to the provisions of section 8, be under the absolute control of a committee which shall be known as the Chinese Temples Committee. (Replaced 5 of 1932 s. 2. Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; 26 of 1961 s. 2; L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989; L.N. 144 of 2022)

The Chinese Temples Committee shall consist of the following persons—

The Chinese Temples Committee shall meet at such times and such places as the Chairman may appoint, and at any meeting of the Committee 4 members shall form a quorum. (Added 26 of 1961 s. 2)

All questions coming or arising before a meeting of the Chinese Temples Committee shall be decided by a majority of the members of the Committee present and voting thereon. (Added 26 of 1961 s. 2)

The Chairman at any meeting of the Chinese Temples Committee shall have an original vote and also, if upon any question the votes shall be equally divided, a casting vote. (Added 26 of 1961 s. 2)

In order to make such control effective it shall be lawful for the Chinese Temples Committee, without prejudice to any powers that the committee may possess, to require any person other than the Secretary for Home and Youth Affairs Incorporated, who may be in possession or control of, or in whom may be vested, any property held on behalf of or for the purposes of any Chinese temple, to transfer or assign any such property to the Secretary for Home and Youth Affairs Incorporated. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989; L.N. 144 of 2022)

Any such direction shall be signed by the Chairman of the Chinese Temples Committee, and shall be served on the person required by the direction to transfer or assign the property in question.

If the person so served fails without lawful excuse to transfer or assign the property forthwith he shall be deemed to have been guilty of a contravention of this Ordinance.

If the property in question is immovable property and the person in whom it is vested fails without lawful excuse to comply with the direction of the Chinese Temples Committee to assign the property to the Secretary for Home and Youth Affairs Incorporated, or cannot be served, it shall be lawful for the Court of First Instance, upon the hearing of an originating summons taken out by the Chairman of the Chinese Temples Committee, to make an order vesting the said property in the Secretary for Home and Youth Affairs Incorporated. Any such vesting order shall have the same effect as a vesting order made under section 45 of the Trustee Ordinance (Cap. 29). (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989; 25 of 1998 s. 2; L.N. 144 of 2022)

If the property in question consists of stock as defined in the Trustee Ordinance (Cap. 29), or is a chose in action, and the person by whom or in whose name it is held or in whom the right to sue and recover it is vested fails without lawful excuse to comply with the direction of the Chinese Temples Committee to transfer the property to the Secretary for Home and Youth Affairs Incorporated, or cannot be served, it shall be lawful for the Court of First Instance, upon the hearing of an originating summons taken out by the Chairman of the Chinese Temples Committee, to make an order vesting in the Secretary for Home and Youth Affairs Incorporated the right to transfer or call for a transfer of the stock or to receive the dividends or income thereof or to sue for or receive the chose in action, as the case may be. Any such vesting order shall have the same effect as a vesting order made under section 52 of the Trustee Ordinance (Cap. 29). (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989; 25 of 1998 s. 2; L.N. 144 of 2022)

If the property in question is of any other nature than is referred to in subsections (9) and (10), and the person in whose possession or under whose control the property is fails without lawful excuse to comply with the direction of the Chinese Temples Committee to transfer the property to the Secretary for Home and Youth Affairs Incorporated, or cannot be served, it shall be lawful for a magistrate to make an order authorizing any police officer to take possession of the property, using such force as may be necessary for the purpose, and to transfer it to the Secretary for Home and Youth Affairs Incorporated. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989; L.N. 144 of 2022)

A certificate under the hand of the Chief Secretary for Administration shall be conclusive evidence for all purposes as to whether any particular individual is, or was on any specified date, a member of the Chinese Temples Committee. (Amended L.N. 362 of 1997)

The revenues of all Chinese temples shall be applied in the first instance to the due observance of the customary ceremonies and the maintenance of the temple buildings and temple properties, and any surplus may be transferred to the General Chinese Charities Fund referred to in section 9.

It shall be in the discretion of the Chinese Temples Committee to decide what are the customary ceremonies of any particular Chinese temple and what amount may be spent on any particular authorized object and what surplus may be transferred to the General Chinese Charities Fund.

The General Chinese Charities Fund referred to in section 8 shall be held in such manner as the Chinese Temples Committee may direct, and may in the discretion of the Chinese Temples Committee be applied—

The Chinese Temples Committee may, subject to the approval of the Chief Executive in Council, direct the manner in which the accounts of the General Chinese Charities Fund shall be kept and audited. (Replaced 26 of 1961 s. 3. Amended 33 of 1999 s. 3)

It shall be lawful for the Chinese Temples Committee to let by tender the office of sz chuk (司祝, temple keeper) of any temple.

It shall be within the discretion of the Chinese Temples Committee to determine the conditions of any tender, the manner in which tenders shall be called for and the powers and obligations of any sz chuk.

Any lump sum paid or any periodical payment made by any person in respect of any tender by him for the office of sz chuk of any temple shall be deemed to be part of the revenue of that temple.

It shall also be lawful for the Chinese Temples Committee, without tender, to appoint any person to the office of sz chuk of any temple.

It shall be lawful for the Chinese Temples Committee to give to the sz chuk of any Chinese temple, whether appointed by the Chinese Temples Committee or not, 1 month’s notice in writing terminating the tenure of his office, and upon the expiration of the notice he shall be deemed to have vacated such office and thereafter shall not act as sz chuk of that temple unless re-appointed by the Chinese Temples Committee.

If it appears to the Chinese Temples Committee that there is reason to believe that any registered Chinese temple is falling or has fallen into disuse, or that the funds and revenues of any registered Chinese temple are insufficient for its maintenance, it shall be lawful for the committee to call, in such manner and at such time and place as to the committee may seem fit, a meeting of such persons as may appear to the committee to be interested in the matter, and to lay the facts before such interested persons as may attend such meeting, and to ascertain their views. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

If upon considering such views, if any, and all the circumstances of the case it appears to the committee that sufficient support for the temple is not likely to be forthcoming it shall be lawful for the committee to order the temple to be closed. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

Notice of such order shall be posted up at the temple and shall if possible be given to the person or persons by whom the temple is controlled or some of them.

Upon the expiration of 1 month from the date upon which the notice is posted up at the temple and whether the notice has remained so posted throughout the said period or not, the temple shall be deemed to be an unregistered temple and if it is maintained thereafter it shall be deemed to be maintained contrary to the provisions of this Ordinance. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

Upon the posting up of such notice at the temple the Secretary for Home and Youth Affairs Incorporated may take possession of all the property of the temple and may sue for the recovery of any such property and may, with the consent of the Chinese Temples Committee, sell or otherwise dispose of such property. (Amended L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989; L.N. 144 of 2022)

The proceeds of any such sale shall, subject to any lawful claims, be transferred to the General Chinese Charities Fund.

The Chinese temples specified in the Schedule, hereinafter referred to as exempted Chinese temples, shall be exempt from the provisions of sections 3, 4, 7, 8, 10 and 11.

No person shall make or attempt to make any public collection or any public appeal or request for any exempted Chinese temple or for any object connected therewith, except within the precincts of that temple. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940)

This Ordinance shall not apply to the Man Mo Temple.

The Chief Executive in Council may add to the Schedule. (Amended 33 of 1999 s. 3)

It shall be lawful for any person authorized thereto in writing by the Secretary for Home and Youth Affairs, either generally or for a particular occasion, to enter and search, using such force as may be necessary, any place which such person may have reason to suspect to be or to contain a Chinese temple which is being or has been established or is being maintained, contrary to any of the provisions of this Ordinance or of any regulation made thereunder, or to enter and search, using such force as may be necessary, any registered Chinese temple in or in respect of which such person may have reason to suspect that any of the provisions of this Ordinance, or of any regulation made thereunder, is being or has been contravened, and upon any such search to seize and detain any books or documents and also anything which may appear to be or contain any evidence of any contravention of any of the provisions of this Ordinance or of any such regulation. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989; L.N. 144 of 2022)

No person shall obstruct any search authorized by this section.