To provide for the incorporation of the Council of Caritas - Hong Kong and for purposes connected therewith. [13 November 1981] (Originally 73 of 1981) Cap 1092 Preamble WHEREAS- (1) Caritas-Hong Kong was established on 16 June 1958 by Bishop Bianchi, the then Bishop of the Roman Catholic Church in Hong Kong, as the official social welfare bureau of the Roman Catholic Church in Hong Kong: (2) Since that date there has been an immense increase in the functions, work and activities of Caritas-Hong Kong, and it is now the official social service agency of the Roman Catholic Church in Hong Kong: (3) Caritas-Hong Kong is now operated by and under the control of a Council appointed by the Roman Catholic Bishop of Hong Kong and acting under a constitution determined by him in an instrument under his hand and seal dated the 7th day of September 1981: (4) Since 1964 Caritas-Hong Kong has been using on its stationery, on posters and other publicity, promotional and commemorative material, on badges, on articles of clothing, and on its property a distinctive emblem which has become well-known to the public as being the emblem of Caritas-Hong Kong: (5) It is considered expedient that the Council of Caritas-Hong Kong should be incorporated, and that the unauthorized use of the name Caritas or of any emblem or device similar to the emblem of Caritas - Hong Kong should be prohibited: Cap 1092 s 1 Short title This Ordinance may be cited as the Caritas-Hong Kong Incorporation Ordinance. Cap 1092 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "constitution" (章程) means the constitution of the corporation for the time being in force; "corporation" (法团) means the body incorporated by section 3; "functions" (职能) includes work and activities; "objects" (宗旨) means the general purposes, aims and objects of the corporation as stated in its constitution; "President" (理事长) means the President of the corporation; "unincorporated Caritas-Hong Kong" (未具法团地位的香港明爱) means Caritas-Hong Kong prior to the commencement of this Ordinance. Cap 1092 s 3 Incorporation The Council of Caritas-Hong Kong for the time being shall be a body corporate, and shall have the name of "Caritas-Hong Kong", and shall in that name have perpetual succession and may sue and be sued in all courts in Hong Kong and shall have and may use a common seal. Cap 1092 s 4 Powers of the Corporation Subject to any restriction imposed by law, the corporation may do all such things as are calculated to facilitate, or as are incidental or conducive to, the carrying out of its objects, and may in particular, but without prejudice to the generality of the foregoing- (a) acquire by purchase, lease or otherwise, and take, hold, enjoy and possess, any property, movable or immovable, whether situated in Hong Kong or elsewhere; (b) either alone or jointly with other persons develop, redevelop and turn to account any immovable property acquired by the corporation or in which the corporation is interested, in particular, by demolishing, constructing, reconstructing, renewing, repairing, altering, fitting up and improving buildings, by laying out and preparing land for building purposes, by letting land on building leases, and by entering into building agreements, and for such purposes to apply to any tribunal or court or authority for any order, licence, permission or exemption required therefor; (c) invest moneys on deposit with any bank, or upon mortgage of immovable property in Hong Kong, or in debentures, debenture stocks, stocks, funds, shares or securities of any government, corporation or company, or in such other investment as the corporation may think fit; (d) borrow money in such manner and upon such terms as the corporation may think fit, and for that purpose mortgage charge or pledge all or any part of the property of the corporation; (e) grant, sell, convey, assign, transfer, exchange, partition, surrender, yield up, charge, mortgage, pledge, reassign, release, demise, let or otherwise dispose of, any of the property, movable or immovable, for the time being vested in or belonging to the corporation, upon such terms as the corporation may think fit; (f) raise money by private or public subscription, or otherwise, in particular, by organizing the collection of money or the sale of badges in public places, by promoting and conducting lotteries, and by organizing balls, dinners, entertainments, sporting events, and other functions of any nature whatsoever; (g) accept donations, grants or subsidies from any persons or Government authority or other body or organization, and in particular accept any gift of property, whether subject to any special trust or not, for the benefit of the corporation; (h) undertake and execute any trusts which may seem directly or indirectly conducive to the carrying out of any of the objects of the corporation; (i) enter into any contract and any deed of covenants; |