Cap. 1163

An Ordinance to set up a body corporate under the name of The Orthodox Metropolitanate of Hong Kong and South East Asia and to provide for the constitution, powers, duties, work and activities of The Orthodox Metropolitanate of Hong Kong and South East Asia. [2 January 1997] L.N. 562 of 1996(Format changes—E.R. 6 of 2022) (Enacting provision omitted—E.R. 6 of 2022) 1. Short title (Amended E.R. 6 of 2022)(1) This Ordinance may be cited as The Orthodox Metropolitanate of Hong Kong and South East Asia Ordinance.(2) (Omitted as spent—E.R. 6 of 2022) 2. Interpretation In this Ordinance, unless the context otherwise requires—Cathedral Church (大敎堂) means the “Orthodox Cathedral of Saint Luke the Evangelist” provided for under section 10;Cathedral Council (大敎堂議會) means the council of the Cathedral Church provided for under section 10;certified public accountant (practising) (執業會計師) has the meaning given by section 2(1) of the Accounting and Financial Reporting Council Ordinance (Cap. 588); (Added 23 of 2004 s. 56. Amended L.N. 66 of 2022)Chancellor (敎長) means the clergyman appointed by the Metropolitan provided for under section 8;Executive Committee (行政委員會) means the officers of the Metropolitan Council provided for under section 9;financial year (財政年度) means each period of 12 months ending on 31 March;Metropolitan (敎區大主敎) means the administrator of the Metropolitan Archdiocese provided for under section 7;Metropolitan Archdiocese (地域敎區) means “The Orthodox Metropolitanate of Hong Kong and South East Asia” incorporated under section 3;Metropolitan Council (敎區議會) means the body of individuals comprised of clergy and laity provided for under section 8. (Amended 23 of 2004 s. 56)(Amended 23 of 2004 s. 56) 3. Incorporation (1) The Metropolitan Archdiocese shall be a body corporate under the corporate name of “The Orthodox Metropolitanate of Hong Kong and South East Asia” in English and “香港及東南亞正敎會” in Chinese.(2) The Metropolitan Archdiocese—(a) has perpetual succession under its corporate name;(b) has and may use a seal; and(c) is capable of suing and being sued in its corporate name. 4. The Orthodox Metropolitanate of Hong Kong and South East Asia (1) An independently administered Metropolitan Archdiocese is established for the region of Hong Kong and South East Asia. The Metropolitan Archdiocese is under the canonical jurisdiction of the Ecumenical Patriarchate.(2) Hong Kong shall be the See of the Metropolitan Archdiocese. The “Saint Luke Orthodox Church of Hong Kong” presently constituted in Hong Kong as a society under the laws of Hong Kong shall henceforth be known as the Cathedral Church of the Metropolitan Archdiocese under the title “Orthodox Cathedral of Saint Luke the Evangelist”.(3) All baptised Orthodox Christians residing in Hong Kong and all the countries of South East Asia shall constitute the membership of the Metropolitan Archdiocese. Together they comprise a complete ecclesiastical unit. 5. Purposes of the Metropolitan Archdiocese The mission of the Metropolitan Archdiocese shall be to respond to the various spiritual needs of the Orthodox faithful, in conformity with the Orthodox Christian faith and its canonical order, and to advance Orthodoxy within the broader region of South East Asia. Within this context the Metropolitan Archdiocese shall—(a) concern itself with the necessary spiritual edification of the Orthodox faithful, through the use of all legal and canonical means in each country for the preservation and propagation of the Orthodox spiritual heritage;(b) pursue all necessary means and conditions for the regular participation of all Orthodox faithful in the Liturgical and Sacramental life of the Orthodox Church;(c) in cooperation with the other Christian Churches and religions in the region, assist and encourage its Parishes in pursuing all social activities intended for the common good. 6. Powers of the Metropolitan Archdiocese In order to accomplish its spiritual mission and in support of the ministry pursued by the Metropolitan Archdiocese and its Parishes, the Metropolitan Archdiocese may—(a) acquire, hold and administer real and assumed property, received through donations and all other legal sources and means, estates, purchases, investments, stocks, funds, shares or securities of any government, always for the benefit of the Metropolitan Archdiocese;(b) pursue and enter into any and all legal contracts as permitted by law with the requirement that such contracts serve the immediate or long term purposes of the Metropolitan Archdiocese;(c) hold, care for, develop and administer, for the benefit of the Metropolitan Archdiocese and its Parishes any property and land, belonging to the Orthodox Parishes and affiliate organizations, within the region of the Metropolitan Archdiocese and for whatever reason abandoned or bequeathed to the Metropolitan Archdiocese;(d) subject to this Ordinance, do or suffer all such acts and things as bodies corporate may in general lawfully do or suffer. 7. Administration of the Metropolitan Archdiocese (1) The Metropolitan is the sole administrator and spiritual authority of the Metropolitan Archdiocese.(2) The Metropolitan is elected by the Holy Synod of the Ecumenical Patriarchate of Constantinople.(3) The Metropolitan pursues all his duties accorded him by the Divine and Holy Canons and according to the canonical order of the Eastern Orthodox Church and the traditions and practices of the Ecumenical Patriarchate.(4) When the Metropolitan is absent from the region or ill or not able to perform his administrative and spiritual responsibilities, the Chancellor of the Metropolitan Archdiocese shall perform all necessary duties on his behalf.(5) The Metropolitan presides over the Metropolitan Council and the Executive Committee. 8. Metropolitan Council (1) The Metropolitan Council is comprised of the following members—(a) the Metropolitan, as Chairman;(b) the Chancellor, a clergyman appointed by the Metropolitan to administer on his behalf and upon his direction the daily affairs of the Metropolitan Archdiocese;(c) 3 clergymen of the Metropolitan Archdiocese; and(d) 6 lay persons.(2) The members of the Metropolitan Council shall elect the following officers—(a) Secretary for English;(b) Secretary for Chinese;(c) Treasurer; and(d) Assistant Treasurer.(3) The members of the Metropolitan Council as provided under subsection (1)(b), (c) and (d) shall be appointed by the Metropolitan for a 2 year period commencing on 1 September of every other year.(4) The Metropolitan Council shall convene meetings 2 times every year under the chairmanship of the Metropolitan and on special occasions when the Metropolitan deems necessary. In the absence of the Metropolitan, the Chancellor shall chair all meetings of the Metropolitan Council.(5) The Metropolitan Council administers all matters, not related to the strictly spiritual responsibilities of the Metropolitan, as defined by the Divine and Holy Canons of the Eastern Orthodox Church, which shall include—(a) establishing a budget of income and expenses for the annual operations of the Metropolitan Archdiocese;(b) administering, handling and developing all real and assumed property belonging to the Metropolitan Archdiocese;(c) making decisions concerning any assistance to existing Parishes and the development of new Parishes for the Metropolitan Archdiocese, and to make recommendations to the Metropolitan concerning proper solutions;(d) administering all bank accounts, according to the needs and for the benefit of the Metropolitan Archdiocese;(e) establishing and amending and revoking necessary internal regulations for the Metropolitan Council and the Parishes of the Metropolitan Archdiocese with the consent of the Metropolitan.(6) For the avoidance of doubt, regulations established under subsection (5) are not to be regarded as subsidiary legislation. 9. Executive Committee (1) The Executive Committee shall be comprised of the Metropolitan as Chairman and all the officers of the Metropolitan Council.(2) The responsibilities of the Executive Committee are determined by the Metropolitan Council and are pursued during the interim period between meetings of the Metropolitan Council.(3) The Executive Committee is convened by the Metropolitan as Chairman. In the absence of the Metropolitan, the Chancellor shall chair all meetings of the Executive Committee.(4) Except as provided in the regulations, the Executive Committee may determine its own procedure. 10. Orthodox Cathedral of Saint Luke the Evangelist (1) The Orthodox Cathedral of Saint Luke the Evangelist shall be the See of the Metropolitan.(2) The administration and daily operations of the Cathedral Church shall be assigned by the Metropolitan to a “Cathedral Council”, comprised of the Chancellor, 1 clergyman appointed by the Metropolitan and 3 lay persons selected by the Metropolitan Council.(3) The “Cathedral Council” shall—(a) convene the General Assembly of the faithful of the Cathedral Church;(b) collect all funds, including parish stewardship and donations;(c) keep all financial records for the Cathedral Church;(d) establish the annual budget and prepare the year-end financial statement;(e) submit the budget and financial statement to yearly auditing by a certified public accountant (practising), appointed by the Cathedral Council for this purpose; (Amended 23 of 2004 s. 56)(f) inform the General Assembly and the faithful concerning all spiritual, philanthropic and pertinent programs and activities;(g) coordinate the proper and canonical ecclesiastical daily operation of the Cathedral Church. 11. Use of seal (1) The seal of the Metropolitan Archdiocese shall be determined by the Metropolitan Council. The seal shall have a cross in the center. The inner circle shall read: “The Orthodox Metropolitanate of Hong Kong and South East Asia” and “香港及東南亞正敎會”, while the outer circle shall read: “Ecumenical Patriarchate” and “正敎會總大主敎”.(2) The seal of the Metropolitan Archdiocese shall be authenticated by the signatures of the Metropolitan and one of the two Secretaries of the Metropolitan Council. In the absence or unavailability of the Metropolitan as provided for under section 7(4), the seal shall be authenticated by the signatures of the Chancellor as his lawful representative and one of the two Secretaries of the Metropolitan Council. 12. Accounts and audit (1) The Executive Committee of the Metropolitan Council shall cause proper accounts and records to be kept of all the financial transactions of the Metropolitan Archdiocese and shall, as soon as is practicable upon the completion of the financial year, cause a statement of the accounts of the Metropolitan Archdiocese to be prepared for that financial year.(2) A statement of accounts prepared under subsection (1) must include an income and expenditure account and a balance sheet.(3) The Executive Committee of the Metropolitan Council shall, as soon as is practicable upon the completion of the financial year, submit the statement of the accounts prepared for that year to a certified public accountant (practising) for audit. (Amended 23 of 2004 s. 56)(4) The certified public accountant (practising) shall prepare a report on the accounts and send the report to the Executive Committee of the Metropolitan Council to be presented to the members of the Metropolitan Council. (Amended 23 of 2004 s. 56) 13. Savings 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)