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[接上页] (11) If the property in question is of any other nature than is referred to in subsections (9) and (10), and the person in whose possession or under whose control the property is 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 a magistrate to make an order authorizing any police officer to take possession of the property, using such force as may be necessary for the purpose, and to transfer it 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) (12) A certificate under the hand of the Chief Secretary for Administration shall be conclusive evidence for all purposes as to whether any particular individual is, or was on any specified date, a member of the Chinese Temples Committee. (Amended L.N. 362 of 1997) Cap 153 s 8 Application of revenues of Chinese temples (1) The revenues of all Chinese temples shall be applied in the first instance to the due observance of the customary ceremonies and the maintenance of the temple buildings and temple properties, and any surplus may be transferred to the General Chinese Charities Fund referred to in section 9. (2) It shall be in the discretion of the Chinese Temples Committee to decide what are the customary ceremonies of any particular Chinese temple and what amount may be spent on any particular authorized object and what surplus may be transferred to the General Chinese Charities Fund. Cap 153 s 9 General Chinese Charities Fund Remarks: Adaptation amendments retroactively made - see 33 of 1999 s. 3 (1) The General Chinese Charities Fund referred to in section 8 shall be held in such manner as the Chinese Temples Committee may direct, and may in the discretion of the Chinese Temples Committee be applied- (a) to the pay of the necessary staff and the other expenses incurred by the Chinese Temples Committee in the exercise of its powers under this Ordinance; and (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940) (b) for the purposes of any Chinese charity in Hong Kong. (Amended 33 of 1999 s. 3)(2) The Chinese Temples Committee may, subject to the approval of the Chief Executive in Council, direct the manner in which the accounts of the General Chinese Charities Fund shall be kept and audited. (Replaced 26 of 1961 s. 3. Amended 33 of 1999 s. 3) Cap 153 s 10 Temple keeper (1) It shall be lawful for the Chinese Temples Committee to let by tender the office of sz chuk (司祝, temple keeper) of any temple. (2) It shall be within the discretion of the Chinese Temples Committee to determine the conditions of any tender, the manner in which tenders shall be called for and the powers and obligations of any sz chuk. (3) Any lump sum paid or any periodical payment made by any person in respect of any tender by him for the office of sz chuk of any temple shall be deemed to be part of the revenue of that temple. (4) It shall also be lawful for the Chinese Temples Committee, without tender, to appoint any person to the office of sz chuk of any temple. (5) It shall be lawful for the Chinese Temples Committee to give to the sz chuk of any Chinese temple, whether appointed by the Chinese Temples Committee or not, 1 month's notice in writing terminating the tenure of his office, and upon the expiration of the notice he shall be deemed to have vacated such office and thereafter shall not act as sz chuk of that temple unless re-appointed by the Chinese Temples Committee. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940) Cap 153 s 11 Power to delegate It shall be lawful for the Chinese Temples Committee to delegate to any person the administration of any temple and of the revenues of such temple and to revoke any such delegation. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940) Cap 153 s 12 Closing of temple which falls into disuse (1) If it appears to the Chinese Temples Committee that there is reason to believe that any registered Chinese temple is falling or has fallen into disuse, or that the funds and revenues of any registered Chinese temple are insufficient for its maintenance, it shall be lawful for the committee to call, in such manner and at such time and place as to the committee may seem fit, a meeting of such persons as may appear to the committee to be interested in the matter, and to lay the facts before such interested persons as may attend such meeting, and to ascertain their views. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940) (2) If upon considering such views, if any, and all the circumstances of the case it appears to the committee that sufficient support for the temple is not likely to be forthcoming it shall be lawful for the committee to order the temple to be closed. (Amended 33 of 1939 Supp. Schedule; G.N. 840 of 1940) (3) Notice of such order shall be posted up at the temple and shall if possible be given to the person or persons by whom the temple is controlled or some of them. |