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[接上页] (2) The trustees shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature and kind soever and wheresoever situate, and also 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 or kind soever, for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting the work of the Church of England in Hong Kong or elsewhere in the diocese whether such work be of a religious, educational or social nature or otherwise. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule) (3) Subject to the provisions of section 6, the trustees shall further have power by deed or writing under their common seal to grant, sell, convey, assign, surrender, yield up, mortgage, demise, reconvey, reassign, transfer or otherwise dispose of or deal with any lands, buildings, messuages, tenements, goods and chattels or other property which are for the time being vested in or belonging to the trustees, upon such terms as to the trustees may seem fit: Provided that nothing in this section shall be construed so as to authorize any breach of trust on the part of the trustees. (4) All deeds and other documents requiring the common seal of the trustees shall be sealed with such seal and shall be signed by two trustees. (Replaced 61 of 1970 s.4) Cap 1014 s 6 Vesting of property in trustees Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) Saint John's Cathedral Church and the precincts thereof together with all buildings, rights, easements and appurtenances thereunto belonging, and together with all the estate, right, title and interest of the church body as heretofore constituted shall vest in the trustees in fee simple for the sole and express purpose of a church and to the intent that divine worship and the services usual in the Church of England shall be therein performed and carried on in accordance with the rites and ceremonies of the said Church: Provided that- (a) if at any time the church ceases to be used as a church for divine worship and the services usual in the Church of England cease to be performed and carried on therein in accordance with the said rites and ceremonies, the church and the precincts thereof shall revert to and become the absolute property of the Government unless the same be sold or otherwise disposed of with the consent in writing of the Chief Executive; and (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 4 of 2000 s. 3) (b) the use of any part of the said precincts for the purpose of schools, quarters for the members of the staff of Saint John's Cathedral Church and other buildings in connection with such church shall be deemed to be use for the purpose of a church within the meaning of this subsection. (Added 42 of 1955 s. 2)(2) All that piece or parcel of ground known and registered in the Land Registry as Kowloon Inland Lot No. 1153 and the church building and buildings erected thereon, together with all rights, easements and appurtenances thereunto belonging and together with all the estate, right, title and interest held upon trust by the church body as heretofore constituted, shall vest in the trustees for the residue now unexpired of the term of seventy-five years created therein by the Crown lease thereof, subject to the payment of the rent reserved by the said Crown lease and the performance and observance of the lessee's covenants and conditions therein contained, upon trust to permit the said premises to be used by the clergyman for the time being in charge of the services of the said church (or if there be no clergyman in charge by any other clergyman who may be approved by the Bishop) for the conduct of such services in accordance with the rites and ceremonies of the Church of England and for such other purposes not inconsistent with the provisions of the said Crown lease as may be directed by the church council duly constituted: (Amended 8 of 1993 s. 2) Provided that- (a) the trustees shall not be deemed personally liable for any payments of money in excess of that provided or available for the purposes of the church; (b) the said premises or any part thereof shall not be used for any other purpose whatever than for a church the services of which shall be conducted according to the rites and ceremonies of the Church of England, and for the erection of schools or parsonage or other buildings in connexion with such church, without the previous licence or consent of the Government, signified in writing by the Chief Executive of Hong Kong or other person duly authorized in that behalf; and (c) the said premises or any part thereof shall not be let, underlet, mortgaged, assigned or otherwise parted with without the previous consent of the Government, signified as aforesaid or upon other terms and provisions than set forth in the said Crown lease. (Amended 33 of 1939 ; G.N. 840 of 1940 Supp. Schedule; 61 of 1970 s. 5; 4 of 2000 s. 3)(3) The furniture, fittings, fixtures, chattels and effects held for the use of Saint John's Cathedral and of Saint Andrew's Church, Kowloon, and all the right, title, interest, property, claim and demand therein or thereto of the church body as heretofore constituted shall vest in the trustees absolutely. |