Cap. 1134

To provide for the incorporation of the Area Committee of the Hong Kong Sea Cadet Corps and for matters connected therewith. [17 March 1984] L.N. 55 of 1984(Format changes—E.R. 5 of 2022) Part I Preliminary 1. Short title (Amended E.R. 5 of 2022)This Ordinance may be cited as the Hong Kong Sea Cadet Corps Ordinance (words omitted as spent—E.R. 5 of 2022). 2. Interpretation In this Ordinance, unless the context otherwise requires—(Amended E.R. 5 of 2022)Area Committee (分區委員會) means the Area Committee of the Hong Kong Sea Cadet Corps incorporated under section 3;constitution (章程) means the constitution referred to in section 7;Corps (訓練隊) means the Hong Kong Sea Cadet Corps. Part II Establishment and Management 3. Incorporation of Area Committee The Area Committee of the Hong Kong Sea Cadet Corps (香港海事訓練隊) shall in that name be a body corporate with perpetual succession and shall be capable of suing and being sued. 4. Seal (1) The Area Committee shall have a common seal and the affixing of the seal shall—(a) be authorized or ratified by resolution of the Area Committee; and(b) be authenticated by—(i) the signature of the Chairman or the Deputy Chairman of the Area Committee; and(ii) the signature of a member of the Area Committee authorized either generally or specially to act for that purpose.(2) Any document purporting to be duly executed under the seal of the Area Committee shall be received in evidence and shall, until the contrary is proved, be deemed to be duly executed. 5. Objects of the Area Committee The objects of the Area Committee are—(a) to organize, supervise and equip the Corps;(b) to promote the recreational, social and educational welfare of youth in Hong Kong;(c) to provide nautical and other beneficial training of youth in Hong Kong; and(d) such other objects, whether ancillary and incidental to the objects specified in paragraphs (a) and (b) or not, as the Area Committee may decide to promote for the benefit of youth in Hong Kong. 6. Powers of the Area Committee (1) The Area Committee shall have power to do all such things as are necessary for, or incidental or conducive to, or connected with, the better carrying out of its objects, and, in particular, but without prejudice to the generality of the foregoing, may—(a) acquire, take on lease, purchase, hold and enjoy any property and sell, mortgage, charge, let or otherwise dispose of or deal with the same;(b) enter into any contract;(c) erect, provide, equip, maintain, alter, remove, demolish, replace, enlarge, improve, keep in repair and regulate its buildings, premises, furniture, equipment and other property;(d) provide appropriate amenities (including residential accommodation and facilities for social activities and physical recreation) for members and staff of the Corps;(e) employ staff, advisers and consultants;(f) receive and expend funds;(g) invest its funds in such manner and to such extent as it thinks appropriate or expedient;(h) borrow money in such manner and on such securities or terms as it thinks appropriate or expedient;(i) apply for and receive any grant in aid for its objects on such conditions as it thinks appropriate or expedient;(j) solicit and receive gifts, whether on trust or otherwise, and act as trustees of any money or other property vested in it as trustees.(2) The Area Committee may delegate all or any of its powers to any person or committee of persons. 7. Office-bearers and members (1) The office-bearers and members of the Area Committee at the commencement* of this Ordinance shall be, respectively, the office-bearers and members of the association known as the Area Committee of the Hong Kong Sea Cadet Corps immediately before the commencement of this Ordinance and, thereafter, the office-bearers and members of the Area Committee shall be those persons who are office-bearers and members of the Area Committee in accordance with its constitution.(2) The constitution of the association known as the Area Committee of the Hong Kong Sea Cadet Corps in operation immediately before the commencement of this Ordinance shall be the constitution of the Area Committee.(3) The constitution of the Area Committee may be amended by the Area Committee at any time and from time to time in accordance with the provisions of the constitution for the time being in force.(4) It shall not be necessary to publish the constitution or any amended constitution in the Gazette. Editorial Note: * Commencement date: 17 March 1984. 8. Procedure Subject to its constitution, the Area Committee may conduct its proceedings and govern its internal management as it thinks fit. 9. Vesting of rights, property, etc. On the commencement* of this Ordinance—(a) all that piece or parcel of ground specified in the Schedule, together with all rights, easements and appurtenances thereto belonging, shall vest in the Area Committee without any conveyance or assignment for the unexpired residue of the term of years created by the Crown lease and Conditions of Grant specified in the Schedule, subject to the payment of the rent and performance of the covenants and conditions reserved by and contained in the said Crown lease and Conditions of Grant and subject also to such mortgages, charges, leases, tenancies and other agreements, if any, and upon such trusts, conditions and stipulations, if any, as may be subsisting in relation to such premises on the commencement of this Ordinance; and(b) the Area Committee shall succeed to all other property, rights, privileges, obligation and liabilities of the trustees for the time being of the association known as the Area Committee of the Hong Kong Sea Cadet Corps. Editorial Note: * Commencement date: 17 March 1984. 10. Particulars to be delivered to Registrar of Companies (1) Within 30 days after the commencement* of this Ordinance, the Chairman of the Area Committee shall deliver to the Registrar of Companies for registration—(a) a notice of the address of the Area Committee;(b) separate lists containing the names and addresses of—(i) the office-bearers of the Area Committee; and(ii) the members of the Area Committee;(c) a copy of the constitution certified by him as a true copy.(2) Within 30 days after the constitution has been amended at any time under section 7(3), the Chairman of the Area Committee shall deliver to the Registrar of Companies for registration a copy of the constitution as amended, certified by the Chairman of the Area Committee as being a true copy.(3) Within 30 days after any change in any of the particulars required by subsection (1)(a) or (b) to be delivered to the Registrar of Companies, the Chairman of the Area Committee shall deliver notice of the change to the Registrar of Companies for registration.(4) Any person may inspect any of the documents registered under this section, upon payment of such fee as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) for the inspection of a document. (Amended 28 of 2012 ss. 912 & 920)(5) The Area Committee shall pay such fee for registering any document under this section as may be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) as if the Area Committee were a company not having a share capital. (Amended 28 of 2012 ss. 912 & 920) Editorial Note: * Commencement date: 17 March 1984. Part III Miscellaneous 11. Distribution of badges etc. No person other than the Area Committee or a person authorized by the Area Committee, shall distribute or sell or expose for sale—(a) any badge, token or emblem specifically adopted by the Area Committee for use by members of the Area Committee or the Corps; or(b) any badge, token or emblem containing the words “SEA CADET CORPS”, any badge, token or emblem referred to in paragraph (a) or the Chinese characters “香港海事訓練隊” or “海事訓練隊”. 12. Unauthorized possession of badges No person shall, except with the authority of the Area Committee or with other lawful authority or lawful excuse, have in his possession—(a) any badge, token or emblem specifically adopted by the Area Committee for use by members of the Area Committee or the Corps; or(b) any badge, token or emblem containing the words “SEA CADET CORPS”, any badge, token or emblem referred to in paragraph (a) or the Chinese characters “香港海事訓練隊” or “海事訓練隊”. 13. 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 Area Committee, for use by members of the Area Committee or the Corps 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 members of the Area Committee or the Corps as to be calculated to deceive or mislead. 14. Wrongful exercise of authority No member of the Area Committee or the Corps shall, by virtue of his wearing, carrying or bearing any badge, token or emblem of the Area Committee or the Corps or otherwise attempt to enforce or exercise authority otherwise than in accordance with the constitution. 15. Unauthorized bodies (1) No person shall knowingly form or work in connexion with or be a member of any organization which, without authority from the Area Committee, claims or purports to be Sea Cadets, or any organization, other than the Area Committee or the Corps, which uses the title of Sea Cadets or the Chinese characters “香港海事訓練隊” or “海事訓練隊” 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 Area Committee or the Corps.(2) No person shall, without the consent of the Chief Executive, knowingly form or work in connexion with or be a member of any organization, other than the Area Committee or the Corps, which carries on or is intended to carry on any work of a similar nature to that carried on by the Area Committee.(Amended 4 of 2000 s. 3) 16. Penalties Any person who contravenes any of the provisions of section 11, 12, 13, 14 or 15 commits an offence and is liable to a fine at level 2.(Amended E.R. 5 of 2022) 17. Saving Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.(Amended 4 of 2000 s. 3) Schedule [s. 9] All that piece or parcel of ground situated at Tsam Chuk Wan, Sai Kung, New Territories and registered in the District Office Sai Kung as Lot No. 611 in Demarcation District No. 256 together with the buildings erected thereon as the same is held from the Government under and by virtue of the Conditions registered in the Sai Kung District Office as New Grant No. 6309.(Amended 4 of 2000 s. 3)