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[接上页] Cap 153 s 6 No person to take part in the establishment of any unlawful Chinese temple, etc. No person shall- (a) take any part in the establishment or maintenance of any Chinese temple established or maintained contrary to any of the provisions of this Ordinance or of any regulation made thereunder; or (b) take any part in the management or in the service of any such Chinese temple; or (c) derive any profit from the revenue of any such Chinese temple; or (d) knowingly supply any false or inaccurate information for the purposes of this Ordinance. Cap 153 s 7 Revenues, etc., of all Chinese temples to be under the control of the Chinese Temples Committee (1) Notwithstanding anything in the Secretary for Home 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) (2) The Chinese Temples Committee shall consist of the following persons- (a) the Secretary for Home Affairs who shall be Chairman of the Committee; (Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989) (b) (Repealed 78 of 1999 s. 7) (c) the chairman for the time being of the Board of Directors of the Tung Wah Group of Hospitals, or a director of the Board nominated by the chairman as his representative; (d) 6 persons appointed by the Chief Executive, who shall each hold office for a period of 3 years, but who shall each be eligible for re-appointment from time to time. (Added 26 of 1961 s. 2. Amended 50 of 1973 s. 2; 33 of 1999 s. 3; 78 of 1999 s. 7) (3) 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) (4) 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) (5) 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) (6) 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 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 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) (7) 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. (8) 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. (9) 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 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 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) (10) 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 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 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) |