【法规名称】
【法规编号】 44000 什么是编号？
【正 文】
CAP 153 CHINESE TEMPLES ORDINANCE
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To suppress and prevent abuses in the management of Chinese temples and in the administration of the funds of Chinese temples. [27 April 1928] (Originally 7 of 1928 (Cap 153 1950)) Cap 153 s 1 Short title This Ordinance may be cited as the Chinese Temples Ordinance. Cap 153 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Chinese temple" (华人庙宇) includes- (a) all Miu (庙, temples), Tsz (寺, Buddhist monasteries), Kun and To Yuen (观及道院, Taoist monasteries) and Om (庵, nunneries); and (b) every place where- (i) in accordance with the religious principles governing Miu, Tsz, Kun, To Yuen or Om, worship of gods or communication with spirits or fortune-telling is practised or is intended to be practised; and where (ii) fees, payments or rewards of any kind whatsoever are charged to or are accepted from any member of the public for the purpose of worship or communication with spirits or fortune-telling or any similar purpose, or in return for joss candles or incense sticks, or on any other account whatsoever. Cap 153 s 3 Regulations Remarks: Adaptation amendments retroactively made - see 33 of 1999 s. 3 (1) 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) (a) the registration, management, control and inspection of Chinese temples; (b) the management, control and audit of the funds of Chinese temples; (c) the duties of sz chuk (司祝, temple keepers); (d) contravention of such regulations which shall be offences and prescribing penalties therefor: Provided that no penalty so prescribed shall exceed a fine of $1000. (2) 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. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940) Cap 153 s 4 All Chinese temples to be in complete and separate buildings used for no other purpose (1) 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. (2) 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. (3) 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) (4) 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) (5) 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) (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940) Cap 153 s 5 All Chinese temples to be registered (1) 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) (2) Registration shall be effected at the office of the Secretary for Home Affairs and the following particulars shall be supplied in order to effect registration- (Amended L.N. 262 of 1989) (a) the name of the temple or intended temple; (b) the address of the temple or intended temple, including the street or road and lot number; (c) the gods worshipped or intended to be worshipped; (d) the nature or intended nature of the control of the temple, that is to say, whether by a committee or by a family or by an individual, and the title of the committee or the name of the family or individual; (e) the name and address of the sz chuk (司祝, temple keeper), if any; (f) particulars of the funds, investments and properties held at the time of registration and where, how and by whom those funds, investments or properties are held; (g) the application or intended application of the revenue of the temple, including the revenue from funds, investments or property held or to be held. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940; L.N. 22 of 1969; L.N. 67 of 1985) |
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