Cap. 1124 - Council of the Diocesan Girls’ School Incorporation Ordinance

To provide for the incorporation of The Council of the Diocesan Girls’ School. [28 February 1969](Format changes—E.R. 2 of 2019) 1. Short title This Ordinance may be cited as the Council of the Diocesan Girls’ School Incorporation Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—constitution (章程) means the constitution of The Council of the Diocesan Girls’ School approved from time to time by its members for the time being in accordance with the constitution for the time being in operation;corporation (法團) means the body incorporated by section 3. 3. Incorporation The Council of the Diocesan Girls’ School shall be a body corporate, and shall have the name “The Council of the Diocesan Girls’ School” and in that name shall have perpetual succession and may sue and be sued in all courts in Hong Kong and shall have and may use a common seal.(Amended 55 of 2000 s. 3) 4. Power of corporation The corporation shall have full power—(a) to manage, administer and operate the Diocesan Girls’ School;(b) to acquire, accept leases of, purchase, take or otherwise hold and enjoy any land, buildings, messuages or tenements of what nature or kind soever and wheresoever situate; (Amended 74 of 1974 s. 3)(c) to acquire, by purchase or otherwise, goods and chattels of any kind or description;(d) to invest moneys on deposit in any bank in Hong Kong or elsewhere or in any Hong Kong or other government or municipal bonds or on mortgage of any land, buildings, messuages or tenements in Hong Kong, or in or on debentures, debenture-stocks, stocks, funds, shares or securities of any corporation or company carrying on business in Hong Kong or elsewhere; (Amended 55 of 2000 s. 3)(e) to grant, sell, convey, assign, surrender, yield up, mortgage, demise, let, reassign, transfer or otherwise dispose of, any land, buildings, messuages, tenements, mortgages, debentures, debenture-stocks, stocks, funds, securities, vessels, goods and chattels for the time being vested in the corporation, upon such terms as the corporation may deem fit;(f) to erect any buildings, messuages or tenements and effect any improvement thereto;(g) to borrow money upon such terms as the corporation shall think fit, and to raise money by public or private subscription;(h) generally to do such other things as may appear to be incidental or conducive to the aims and objects of the corporation as provided by its constitution for the time being or for carrying into effect the provisions of this Ordinance. 5. Vesting of property On the commencement* of this Ordinance the corporation shall succeed to all the property, rights, privileges, obligations and liabilities of the unincorporated The Council of the Diocesan Girls’ School. Editorial Note: * Commencement date: 28 February 1969. 6. Members The corporation shall consist of such members as shall be provided by its constitution. 7. Existing members to become members All the existing members of the unincorporated The Council of the Diocesan Girls’ School shall be the first members of the corporation. 8. Existing constitution to become constitution of the corporation The existing constitution of the unincorporated The Council of the Diocesan Girls’ School shall be the constitution of the corporation:Provided that the same may be changed or amended by the corporation from time to time in the manner provided by the constitution for the time being in operation. 9. Registration with Registrar of Companies (1) The corporation shall forward to the Registrar of Companies for registration the following—(a) notice of the address of the registered office of the corporation and any change thereto;(b) a copy of the constitution and any amendment thereto, certified as correct by the chairman of the corporation;(c) a list of the names and addresses of the members of the corporation and any change therein, certified as correct by the chairman of the corporation; and(d) the name and address of any person appointed under section 10 to sign deeds, documents and other instruments and any change therein, certified correct by the chairman of the corporation.(2) Notification in accordance with subsection (1) shall be made within 28 days of the commencement* of this Ordinance or in the case of any amendment, change or appointment, within 28 days of such amendment, change or appointment, as the case may be.(3) 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 L.N. 20 of 1979; 28 of 2012 ss. 912 & 920)(4) The corporation shall pay such fee for registering any document under this section as is payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622), as if the corporation were a company not having a share capital. (Amended 28 of 2012 ss. 912 & 920) Editorial Note: * Commencement date: 28 February 1969. 10. Sealing of deeds (1) The seal of the corporation shall not be affixed to any deed, document or instrument except by the authority of a resolution of the corporation.(2) All deeds, documents and other instruments requiring the seal of the corporation shall be signed by any 2 of the persons appointed by the corporation from time to time, whose names are registered with the Registrar of Companies in accordance with section 9(1)(d) and such signing shall be taken as sufficient evidence of the due sealing of such deeds, documents and other instruments. 11. 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 55 of 2000 s. 3)