To make provision for the Man Mo Temple Fund.
(Replaced 4 of 1971 s. 12)
[5 June 1908]
(Format changes—E.R. 2 of 2021)
In this Ordinance, unless the context otherwise requires—
Tung Wah Group of Hospitals (東華三院) means the corporation continued by the Tung Wah Group of Hospitals Ordinance (Cap. 1051).(Replaced 4 of 1971 s. 12)
The Man Mo Temple Fund shall be used for the following objects—
to provide for the upkeep of the Man Mo Temple and the maintenance of the customary religious observances thereof;
to keep the buildings belonging to the Man Mo Temple Fund in good repair and to alter, add to, pull down or rebuild any of the said buildings;
to develop or re-develop any property belonging to the Man Mo Temple Fund either by pulling down any existing premises or structures and rebuilding thereon or in any other manner as the Tung Wah Group of Hospitals sees fit; (Amended 13 of 1986 s. 2; E.R. 2 of 2021)
to maintain schools in Hong Kong for children of Chinese race;
to assist any charitable or philanthropic institution of benefit to the Chinese community of Hong Kong; and
to apply, with the approval of the Chief Executive, any part of its income for the purposes of any hospital managed or administered by the Tung Wah Group of Hospitals, or for or towards the building of any new hospital to be managed or administered by the Tung Wah Group of Hospitals. (Amended 34 of 1999 s. 3)
(Replaced 7 of 1958 s. 3. Amended 4 of 1971 s. 12)
The Tung Wah Group of Hospitals as manager of the Man Mo Temple Fund may do all such things as are calculated to facilitate, or as are incidental or conducive to, the carrying out of the objects of the Man Mo Temple Fund, and may for that purpose—
with the approval of the Chief Executive, acquire, take on lease, purchase, hold and enjoy property of any description and sell, let, license, surrender, exchange, partition, yield up or otherwise dispose of or deal with the same for the benefit of the Man Mo Temple Fund; (Amended 34 of 1999 s. 3)
develop or re-develop any property belonging to the Man Mo Temple Fund either alone or jointly with other persons;
enter into any contract;
with the approval of the Chief Executive, borrow and raise money in such manner and on such securities or terms as it thinks expedient, and for that purpose charge, mortgage or pledge all or any part of the property of the Man Mo Temple Fund; (Amended 34 of 1999 s. 3)
engage any professional or expert person to advise it on any matter.
(Added 13 of 1986 s. 3)
The board of the Tung Wah Group of Hospitals may by regulation provide for their procedure in the transaction of business under this Ordinance and generally for all matters relating to the administration and discipline of the Man Mo Temple and the Man Mo Temple Fund: (Amended 13 of 1986 s. 4)
Provided that a copy of such regulations shall be furnished to the Chief Secretary for Administration, and every such regulation shall be subject to disallowance at any time by the Chief Executive in Council. (Amended L.N. 362 of 1997; 34 of 1999 s. 3)
(Amended 50 of 1911 s. 4; 43 of 1912 Schedule; 4 of 1971 s. 12)
The board of the Tung Wah Group of Hospitals shall—
keep a separate account of the Man Mo Temple Fund and cause proper books of account of such fund to be kept, which shall be open during the first month of each year of the Chinese calendar to the inspection of any person interested therein, and at any time to the inspection of any person whom the Chief Executive in Council may appoint in that behalf; and (Amended 34 of 1999 s. 3)
within 1 month after the expiration of every year of the Chinese calendar, transmit to the Secretary for Home and Youth Affairs a true statement of the assets and liabilities of the Man Mo Temple Fund and an account of its receipts and disbursements during the previous year; such statement shall include a schedule of all messuages, lands, tenements, hereditaments, mortgages and other investments included in the fund, and such statement shall, if required, be verified by 2 members of the board of the Tung Wah Group of Hospitals. (Amended L.N. 144 of 2022)
(Amended 43 of 1912 Schedule; 5 of 1924 Schedule; 24 of 1950 Schedule; 4 of 1971 s. 12; L.N. 67 of 1985; L.N. 262 of 1989; 47 of 1997 s. 10)
In case it is at any time shown to the satisfaction of the Chief Executive in Council, that the Tung Wah Group of Hospitals has ceased or neglected or failed to carry out in a proper manner the objects and purposes of this Ordinance or to fulfil the conditions thereof or that sufficient funds cannot be obtained by voluntary contributions or otherwise to defray the necessary expenses of maintaining the said temple, or that the Man Mo Temple Fund is insolvent, or in case the Tung Wah Group of Hospitals shall cease to exist as a corporation, it shall be lawful for the Government to introduce a bill into the Legislative Council for the purpose of repealing this Ordinance:
Provided that 6 months’ notice of the Government’s intention to introduce such a bill into the Legislative Council shall be previously given to the Tung Wah Group of Hospitals unless it has ceased to exist as a corporation.
(Amended 50 of 1911; 21 of 1912 Schedule; 4 of 1971 s. 12; 34 of 1999 s. 3)
In the event of the repeal of this Ordinance, all the property and assets of the Man Mo Temple Fund shall become vested in the Government, subject to the rateable payment thereout of the just debts and liabilities of the said fund to the extent of such property and assets and in such manner as may be provided by the repealing Ordinance or by any order to be made in that behalf by the Chief Executive in Council.
(Amended 50 of 1911; 12 of 1912 Schedule; 34 of 1999 s. 3)
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 20 of 1948 s. 4; 34 of 1999 s. 3)