This Ordinance creates a corporate body for the trustees and gives them power to manage the two Chater endowment funds, with a deadline for new trustees to provide evidence of appointment to the Chief Executive.
To incorporate trustees capable of holding property and empowered to administer two trust funds known as The Chater (Cathedral) Endowment Fund and The Chater (St. Andrew’s Church) Endowment Fund for the purpose of assisting in the maintenance of St. John’s Cathedral and St. Andrew’s Church in Hong Kong. (Amended 32 of 1999 s. 3) [27 June 1941](Format changes—E.R. 2 of 2022)Preamble WHEREAS by two several Deeds of Trust dated the 24th day of April, 1920, and the 29th day of April, 1925, made between the late Sir Catchick Paul Chater of the one part and trustees therein mentioned of the other part the said Sir Catchick Paul Chater created two funds each of the amount of $250,000.00 to be known as “The Chater (Cathedral) Endowment Fund” and “The Chater (St. Andrew’s Church) Endowment Fund” respectively which said funds he gave to the said trustees to be possessed by them upon trust to apply the income thereof in assisting in the maintenance of St. John’s Cathedral Church and St. Andrew’s Church in Hong Kong and augmenting the stipends of the Clergy for the time being holding the respective offices of Chaplain or Assistant Chaplain of the said Cathedral and Incumbent or Curate of the said Church:(Amended 32 of 1999 s. 3)AND WHEREAS it is deemed expedient that the said funds should be vested in an incorporated body which may administer the same for the purposes declared in the said two deeds of trust: 1. Short title This Ordinance may be cited as the Chater (Cathedral and St. Andrew’s) Endowment Funds Incorporation Ordinance. 2. Incorporation The trustees of The Chater (Cathedral) Endowment Fund and the trustees of The Chater (St. Andrew’s) Endowment Fund and their successors in office shall be a body corporate, hereinafter called the corporation, and shall have the name “The Trustees of the Chater (Cathedral and St. Andrew’s) Endowment Funds”, and by that name shall have perpetual succession and shall and may sue or be sued in all courts in Hong Kong and shall and may have and use a common seal and the said seal may break, change, alter and make anew as to the said corporation may seem fit.(Amended 32 of 1999 s. 3) 3. Powers of corporation The said corporation shall administer the funds and securities now respectively representing and hereafter so to represent The Chater (Cathedral) Endowment Fund and The Chater (St. Andrew’s Church) Endowment Fund in accordance with the provisions and directions that are contained regarding the same in two several deeds of trust dated the 24th day of April, 1920, made between the late Sir Catchick Paul Chater of the one part and Newton John Stabb and John Scott Harston of the other part and the 29th day of April, 1925, made between the said Sir Catchick Paul Chater of the one part and the said John Scott Harston and Arthur Howard Barlow of the other part and shall have the same powers and authorities over such funds and securities as are mentioned and contained in the said two deeds of trust. 4. Appointment of trustees (1) In the event of the death or retirement from the office of trustee of the Chater (Cathedral and St. Andrew’s) Endowment Funds of any trustee the survivor or remaining one of them shall have power by writing under his hand to appoint a successor to the office of a trustee of the Chater (Cathedral and St. Andrew’s) Endowment Funds in the place of the one so dying or retiring from that office and any person so appointed shall be deemed to be a trustee of the Chater (Cathedral and St. Andrew’s) Endowment Funds.(2) When any person is appointed to the office of a trustee of the Chater (Cathedral and St. Andrew’s) Endowment Funds such person shall within three 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.(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. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997)(Amended 13 of 1966 Schedule; 32 of 1999 s. 3) 5. Execution of documents All deeds, documents and other instruments requiring the seal of the said corporation shall be sealed in the presence of the trustees for the time being of the said funds and signed by them and such signing shall be and be taken as sufficient evidence of the due sealing thereof. 6. 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 32 of 1999 s. 3)