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[接上页] Cap 1014 s 3 Constitution of the trustees Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 TRUSTEES (1) (a) There shall be a body of trustees which, subject to the other provisions of this Ordinance, shall consist of- (i) The Bishop; (ii) The Dean; (iii) The Vicar of Saint Andrew's Church, Kowloon; (iv) The Vicar of Christ Church, Kowloon Tong, and their successors in office for the time being, together with two lay trustees representing Saint John's Cathedral, two lay trustees representing Saint Andrew's Church, Kowloon, and two lay trustees representing Christ Church, Kowloon Tong, and thereafter the persons for the time being duly elected and appointed in place of the above or any of them as their successors in accordance with regulations made under this Ordinance. (Amended 20 of 1948 s. 4; 61 of 1970 s. 3) (b) In the case of every other church to which this Ordinance for the time being applies and whose incumbent has a separate cure of souls, the incumbent and two duly elected lay representatives of such church shall be members of the body of trustees. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule) (c) All lay trustees shall be actual communicants of the Church of England, of twenty-one years of age and upwards, of either sex, and shall be elected at the annual church meetings as provided for in regulations made under this Ordinance. (Amended 61 of 1970 s. 3) (d) In the event of the absence on leave of any clerical trustee other than the Bishop it shall be lawful for the trustees in their discretion to appoint temporarily the clergyman in charge of the church concerned.(2) The Bishop shall have power to give and revoke a dormant commission to any clergyman of the Church of England to be a trustee, and to act for the Bishop in accordance with the terms of the dormant commission, during any absence of the Bishop from Hong Kong and during any incapacity of the Bishop, and to be a trustee and to act in the stead of the Bishop in the case of voidance of the see. No such dormant commission shall take active effect on the ground of the incapacity of the Bishop or the voidance of the see until it has been published in the Gazette by the Chief Secretary for Administration with the approval of the Chief Executive in Council, at the request of the remaining trustees then in Hong Kong. When a dormant commission has taken active effect upon such publication on the ground of the incapacity of the Bishop it shall continue to have active effect until the publication of a notice in the Gazette by the Chief Secretary for Administration, at the request of the Bishop and of the majority of the remaining trustees then in Hong Kong, suspending such active effect. Unless previously revoked any such commission shall continue in force, either as a dormant commission or in active effect as the case may be, after the voidance of the see until the arrival of a new Bishop or until a new commissary has been nominated by the Chairman of the House of Bishops. (Amended 61 of 1970 s. 3; L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997; 4 of 2000 s. 3) (3) (a) The Bishop or his commissary shall be chairman of the trustees. (b) A meeting of the trustees shall be held at least once in every calendar year, and not more than fifteen months after the holding of the last preceding meeting. (c) The Bishop or his commissary and at least one-half of the remaining trustees shall form a quorum. (d) No act or decision of the trustees shall be valid unless approved by more than half of the whole number of trustees. (e) If any act be done or discretion be exercised by the majority of the trustees, or if any instrument be executed in pursuance thereof, no such act, discretion or instrument shall be questioned on the ground that the other trustees, or any of them, did not concur or join therein, or objected thereto. Cap 1014 s 4 Notification of change in trustees Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) All changes in the constitution of the trustees shall be notified to the Chief Secretary for Administration and published by him in the Gazette. (Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997) (2) No such change shall be deemed to have been made unless it has been so published in the Gazette. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule) (3) The production of a copy of the Gazette containing any such notification shall be prima facie evidence as to the constitution of the trustees. (4) The trustees shall when required by the Chief Executive furnish to him satisfactory proof of the succession, election or appointment of any new member thereof. (Amended 4 of 2000 s. 3) Cap 1014 s 5 Incorporation and general powers of the trustees (1) The trustees shall be a body corporate under the name of "The Trustees of the Church of England in the Diocese of Victoria, Hong Kong", and by that name shall have perpetual succession and shall and may sue and be sued in all courts and shall and may have and use a common seal and may break, change, alter and make anew the said seal. |