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To incorporate the Scout Association of Hong Kong, and to further and and protect its activities. (Replaced 28 of 1977 s. 2) [2 December 1927] (Originally 22 of 1927 (Cap 268 R. Ed. 1950)) Cap 1005 s 1 Short title This Ordinance may be cited as the Scout Association of Hong Kong Ordinance. (Amended 19 of 1975 s.4; 28 of 1977 s.3) Cap 1005 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Association" (总会) means the Scout Association of Hong Kong being the body recognized by the World Scout Conference, and registered with the World Scout Bureau, as the sole Scout organization in Hong Kong; (Replaced 28 of 1977 s.4) "constitution" (会章) means the constitution of the Association as approved by the World Scout Conference, any amendment duly made thereto and all by-laws and rules made thereunder; (Added 28 of 1977 s.4) "Scout" (童军) includes Cub Scout, Scout, Sea Scout, Air Scout, Venture Scout, Venture Sea Scout, Venture Air Scout, Rover Scout, Rover Sea Scout, Rover Air Scout, Lone Scout, Deep Sea Scout, Cadet Leader, and Scouter recognized as such, and also any person recognized as an officer, under the constitution. (Replaced 28 of 1977 s.4) Cap 1005 s 3 Distribution of badges No person other than the Association shall distribute or sell or expose for sale- (a) any badge, token or emblem specifically adopted by the Association for use by Scouts; or (b) any badge, token or emblem containing the word "Scout", any emblem referred to in paragraph (a) or the characters "童军". (Amended 19 of 1975 ss.3 & 6; 28 of 1977 s.5) Cap 1005 s 4 Unauthorized possession of badges No person shall, except with the authority of the Association or with other lawful authority or lawful excuse, have in his possession- (a) any badge, token or emblem specifically adopted by the Association for use by Scouts; or (b) any badge, token or emblem containing the word "Scout", any emblem referred to in paragraph (a) or the characters "童军". (Amended 19 of 1975 ss.3 & 6; 28 of 1977 s.6) Cap 1005 s 5 Possession of unauthorized badges No person shall without lawful authority or excuse have in his possession- (a) any device which so closely resembles any badge, token or emblem specifically adopted by the Association for use by Scouts as to lead to the belief that the device in question is such badge, token or emblem; or (b) any badge, token or emblem containing any words or characters so closely resembling any words or characters ordinarily used to describe any Scout as to be calculated to deceive or mislead. (Amended 19 of 1975 ss.3 & 7; 28 of 1977 s.7) Cap 1005 s 6 Wrongful exercise of authority No Scout shall, by virtue of his wearing, carrying or bearing any badge, token or emblem of the Association or otherwise, attempt to enforce or exercise authority otherwise than in accordance with the constitution. (Amended 19 of 1975 ss.3 & 7; 28 of 1977 s.8) Cap 1005 s 7 Unauthorized bodies (1) No person shall form or work in connection with or be a member of any organization which without authority from the Association claims or purports to be "Scouts", or any organization, other than the Association, which uses the title of "Scouts" or the Chinese characters "童军", or any title in any language, with or without additional words or characters, which so closely resembles either of the two said titles as to be calculated to deceive or mislead, or any organization which, by the use of any such title or otherwise, without due authority purports or claims to be connected with the Association. (Amended 19 of 1975 ss.3 & 8; 28 of 1977 s.9) (2) (Repealed 28 of 1977 s.9) Cap 1005 s 8 Penalty Any person who contravenes any of the provisions of section 3, 4, 5 or 7 shall be guilty of an offence and shall be liable on conviction to a fine of $5000. (Replaced 19 of 1975 s. 9. Amended 28 of 1977 s. 10) Cap 1005 s 9 Incorporation Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) The Scout Association of Hong Kong shall be a body corporate consisting of the persons for the time being holding office in the Association as- (a) President; (b) Chief Commissioner; (c) Chairman of the Executive Committee; (d) Secretary; and (e) Treasurer. (Replaced 28 of 1977 s. 11)(1A) The corporation shall have perpetual succession, may sue and be sued in all courts and shall have and may use a common seal. (Added 19 of 1975 s. 10) (2) Whenever any person is appointed to the office of President, Chief Commissioner, Chairman of the Executive Committee, Secretary or Treasurer of the Association, such person shall, within 6 weeks after his appointment or within such further time as may be allowed by the Chief Executive, furnish to the Chief Executive satisfactory evidence of his appointment. (Amended 19 of 1975 ss. 3 & 1; 28 of 1977 s. 11) (3) A notification in the Gazette under the hand of the Chief Secretary for Administration that such evidence has been furnished to the Chief Executive by such person shall be conclusive evidence of such appointment. (Amended L.N. 362 of 1997) |