Cap. 1014

To provide for the incorporation of a body of trustees capable of holding property for the purposes of the English-speaking Anglican Church, and to provide for the performance of divine worship according to the rites and ceremonies of the English-speaking Anglican Church, and for certain objects ancillary to the aforesaid objects. (Amended 31 of 2025 s. 203) [18 January 1930](Format changes—E.R. 2 of 2022)Preamble WHEREAS—(a) Saint John’s Cathedral Church was erected partly by means of private subscriptions and partly by means of public moneys and has since been maintained and kept up and divine worship has been performed therein and elsewhere in Hong Kong in accordance with the provisions of certain Ordinances and it is expedient to provide for a continuance of the performance of such divine worship and services in accordance with the rites and ceremonies of the English-speaking Anglican Church; (Amended 4 of 2000 s. 3)(b) the said Cathedral Church is now vested in and administered by an incorporated Church Body under the name of the Trustees of Saint John’s Cathedral Church in Hong Kong;(c) Saint Andrew’s Church, Kowloon, and buildings connected therewith were erected out of funds generously furnished by the late Sir Catchick Paul Chater, C.M.G., the services at the said Church to be conducted according to the rites and ceremonies of the English-speaking Anglican Church;(d) the trustees of Saint John’s Cathedral Church in Hong Kong in addition to the powers conferred on them by the Saint John’s Cathedral Church Ordinance 1899 (58 of 1899), were authorized by the Church Property Vesting Ordinance 1904 (16 of 1904), to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements and any other property of what kind or nature soever and wheresoever situate for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting the work of the English-speaking Anglican Church in Hong Kong or in any other part of China, whether such work should be of a religious, educational or social nature or otherwise; and (Amended 4 of 2000 s. 3)(e) it is deemed expedient that all lands, buildings, messuages or tenements, property, funds and endowments (save as hereinafter mentioned) of the English-speaking Anglican Church in Hong Kong shall as far as possible be transferred to or vested in one central incorporated authority which may administer the same for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting the work of the English-speaking Anglican Church in Hong Kong, whether such work be of a religious, educational or social nature, or otherwise: (Amended 4 of 2000 s. 3)(Amended 31 of 2025 s. 204) 1. Short title This Ordinance may be cited as the English-speaking Anglican Church Trust Ordinance.(Amended 31 of 2025 s. 205) 2. Interpretation In this Ordinance, unless the context otherwise requires—Bishop (主教) means the Archbishop of the Hong Kong Sheng Kung Hui; (Amended 31 of 2025 s. 206)chapel of ease (小教堂) means a chapel under a mother church consecrated for the performance of public worship according to the liturgy of the English-speaking Anglican Church, and so recognized by the Bishop, the officiating minister whereof has not a separate cure of souls; (Amended 31 of 2025 s. 206)church body (管業委員會) means the trustees of Saint John’s Cathedral Church in Hong Kong as heretofore constituted; English-speaking Anglican Church (英語聖公會) means the English-speaking churches of the diocese in which are performed such rites and ceremonies as are customary in the Provinces of Canterbury and York and are authorized by the Bishop: (Amended 31 of 2025 s. 206) Provided that nothing in this definition shall prevent the performance in such churches of such other services as may be authorized by the Bishop; (Added 61 of 1970 s. 2) Dean (座堂主任牧師) means the clergyman in charge of Saint John’s Cathedral and holding the Bishop’s licence to such office;Diocesan Synod (教區議會) means the assembly of clergy and laity of a diocese of the Hong Kong Sheng Kung Hui, constituted according to such rules as have been approved by the Bishop for the time being; (Amended 61 of 1970 s. 2; 31 of 2025 s. 206)diocese (教區) means the area over which the Bishop has ecclesiastical authority; (Amended 61 of 1970 s. 2)House of Bishops (主教院) means the House of Bishops established in accordance with the constitution of the Hong Kong Sheng Kung Hui; (Added 61 of 1970 s. 2. Amended 31 of 2025 s. 206)incumbent (駐堂聖品人) means a clergyman with a cure of souls in charge of a church and holding the Bishop’s licence thereto;trustees (受託人) means the trustees appointed by or under the provisions of section 3.(Amended 31 of 2025 s. 206)Trustees 3. Constitution of the trustees (1) (a) There shall be a body of trustees which, subject to the other provisions of this Ordinance, shall consist of—(i) the Bishop;(ii) the Dean;(iii) the Vicar of Saint Andrew’s Church, Kowloon;(iv) the Vicar of Christ Church, Kowloon Tong,and their successors in office for the time being, together with two lay trustees representing Saint John’s Cathedral, two lay trustees representing Saint Andrew’s Church, Kowloon, and two lay trustees representing Christ Church, Kowloon Tong, and thereafter the persons for the time being duly elected and appointed in place of the above or any of them as their successors in accordance with regulations made under this Ordinance. (Amended 20 of 1948 s. 4; 61 of 1970 s. 3; E.R. 2 of 2022)(b) In the case of every other church to which this Ordinance for the time being applies and whose incumbent has a separate cure of souls, the incumbent and two duly elected lay representatives of such church shall be members of the body of trustees. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)(c) All lay trustees shall be actual communicants of the English-speaking Anglican Church, of twenty-one years of age and upwards, of either sex, and shall be elected at the annual church meetings as provided for in regulations made under this Ordinance. (Amended 61 of 1970 s. 3)(d) In the event of the absence on leave of any clerical trustee other than the Bishop it shall be lawful for the trustees in their discretion to appoint temporarily the clergyman in charge of the church concerned.(2) (Repealed 31 of 2025 s. 207)(3) (a) The Bishop shall be chairman of the trustees.(b) A meeting of the trustees shall be held at least once in every calendar year, and not more than fifteen months after the holding of the last preceding meeting.(c) The Bishop and at least one-half of the remaining trustees shall form a quorum.(d) No act or decision of the trustees shall be valid unless approved by more than half of the whole number of trustees.(e) If any act be done or discretion be exercised by the majority of the trustees, or if any instrument be executed in pursuance thereof, no such act, discretion or instrument shall be questioned on the ground that the other trustees, or any of them, did not concur or join therein, or objected thereto.(Amended 31 of 2025 s. 207) 4. Notification of change in trustees (1) All changes in the constitution of the trustees shall be notified to the Chief Secretary for Administration and published by him in the Gazette. (Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997)(2) No such change shall be deemed to have been made unless it has been so published in the Gazette. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)(3) The production of a copy of the Gazette containing any such notification shall be prima facie evidence as to the constitution of the trustees.(4) The trustees shall when required by the Chief Executive furnish to him satisfactory proof of the succession, election or appointment of any new member thereof. (Amended 4 of 2000 s. 3) 5. Incorporation and general powers of the trustees (1) The trustees shall be a body corporate under the name of “The Trustees of the English-speaking Anglican Church in Hong Kong”, and by that name shall have perpetual succession and shall and may sue and be sued in all courts and shall and may have and use a common seal and may break, change, alter and make anew the said seal. (Amended 31 of 2025 s. 208)(2) The trustees shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature and kind soever and wheresoever situate, and also invest moneys upon mortgage of any lands, buildings, messuages or tenements, or upon the mortgages, debentures, stocks, funds, shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and possess goods and chattels of what nature or kind soever, for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting the work of the English-speaking Anglican Church in Hong Kong, whether such work be of a religious, educational or social nature or otherwise. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 31 of 2025 s. 208)(3) Subject to the provisions of section 6, the trustees shall further have power by deed or writing under their common seal to grant, sell, convey, assign, surrender, yield up, mortgage, demise, reconvey, reassign, transfer or otherwise dispose of or deal with any lands, buildings, messuages, tenements, goods and chattels or other property which are for the time being vested in or belonging to the trustees, upon such terms as to the trustees may seem fit:Provided that nothing in this section shall be construed so as to authorize any breach of trust on the part of the trustees.(4) All deeds and other documents requiring the common seal of the trustees shall be sealed with such seal and shall be signed by two trustees. (Replaced 61 of 1970 s. 4) 6. Vesting of property in trustees (1) Saint John’s Cathedral Church and the precincts thereof together with all buildings, rights, easements and appurtenances thereunto belonging, and together with all the estate, right, title and interest of the church body as heretofore constituted shall vest in the trustees in fee simple for the sole and express purpose of a church and to the intent that divine worship and the services usual in the English-speaking Anglican Church shall be therein performed and carried on in accordance with the rites and ceremonies of the said Church: (Amended 31 of 2025 s. 209) Provided that— (a) if at any time the church ceases to be used as a church for divine worship and the services usual in the English-speaking Anglican Church cease to be performed and carried on therein in accordance with the said rites and ceremonies, the church and the precincts thereof shall revert to and become the absolute property of the Government unless the same be sold or otherwise disposed of with the consent in writing of the Chief Executive; and (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 4 of 2000 s. 3; 31 of 2025 s. 209) (b) the use of any part of the said precincts for the purpose of schools, quarters for the members of the staff of Saint John’s Cathedral Church and other buildings in connexion with such church shall be deemed to be use for the purpose of a church within the meaning of this subsection. (Added 42 of 1955 s. 2) (2) All that piece or parcel of ground known and registered in the Land Registry as Kowloon Inland Lot No. 1153 and the church building and buildings erected thereon, together with all rights, easements and appurtenances thereunto belonging and together with all the estate, right, title and interest held upon trust by the church body as heretofore constituted, shall vest in the trustees for the residue now unexpired of the term of seventy-five years created therein by the Crown lease thereof, subject to the payment of the rent reserved by the said Crown lease and the performance and observance of the lessee’s covenants and conditions therein contained, upon trust to permit the said premises to be used by the clergyman for the time being in charge of the services of the said church (or if there be no clergyman in charge by any other clergyman who may be approved by the Bishop) for the conduct of such services in accordance with the rites and ceremonies of the English-speaking Anglican Church and for such other purposes not inconsistent with the provisions of the said Crown lease as may be directed by the church council duly constituted: (Amended 8 of 1993 s. 2; 31 of 2025 s. 209) Provided that— (a) the trustees shall not be deemed personally liable for any payments of money in excess of that provided or available for the purposes of the church; (b) the said premises or any part thereof shall not be used for any other purpose whatever than for a church the services of which shall be conducted according to the rites and ceremonies of the English-speaking Anglican Church, and for the erection of schools or parsonage or other buildings in connexion with such church, without the previous licence or consent of the Government, signified in writing by the Chief Executive of Hong Kong or other person duly authorized in that behalf; and (Amended 31 of 2025 s. 209) (c) the said premises or any part thereof shall not be let, underlet, mortgaged, assigned or otherwise parted with without the previous consent of the Government, signified as aforesaid or upon other terms and provisions than set forth in the said Crown lease. (Amended 33 of 1939 ; G.N. 840 of 1940 Supp. Schedule; 61 of 1970 s. 5; 4 of 2000 s. 3) (3) The furniture, fittings, fixtures, chattels and effects held for the use of Saint John’s Cathedral and of Saint Andrew’s Church, Kowloon, and all the right, title, interest, property, claim and demand therein or thereto of the church body as heretofore constituted shall vest in the trustees absolutely.(4) The sum of ten thousand dollars, the endowment fund for the use of Saint John’s Cathedral Hall, and the securities or investments now representing the same now vested in the church body under the declaration of trust dated the 3rd day of February, 1922, shall be transferred to and vested in the trustees absolutely subject to the trusts and provisions of the said declaration of trust.(5) All books, papers and other documents hitherto kept at Saint John’s Cathedral or Saint Andrew’s Church or belonging or appertaining thereto respectively, and all moneys belonging or due or owing to Saint John’s Cathedral or the church body as heretofore constituted or to Saint Andrew’s Church or the vestry thereof, shall vest in the trustees absolutely.(6) All memorials in or about Saint John’s Cathedral and in or about Saint Andrew’s Church shall be under the care and custody of the trustees. 7. Delegation of powers to church councils (1) The trustees shall delegate the care and maintenance of any land, building, furniture, fittings, chattels, effects, records and memorials and the expenditure of income appertaining to Saint John’s Cathedral Church and Saint Andrew’s Church, Kowloon, respectively, and provision for the administration of the services to be performed therein, to the respective church councils of such churches to be appointed in manner hereinafter provided.(2) The trustees may make similar delegation of their powers in the case of any other church to which this Ordinance for the time being applies. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)(3) Every such delegation shall be by an instrument in writing signed by the Bishop and two of the trustees which shall be in the form provided in the Schedule and shall specify the property committed to the care of each church council and what powers and duties the church council shall have in the matter of making alteration or addition thereto: But no alterations by way of addition or diminution to the fabric or utensils or ornaments of such churches shall be made without the previous written consent of the Bishop. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 31 of 2025 s. 210)(4) The trustees shall have power by an instrument signed as aforesaid to revoke or amend any letter of delegation. 8. Boards of patronage (1) Whenever a vacancy occurs or is expected to occur in any cure of souls the trustees shall appoint a board of patronage, to be constituted as hereinafter provided, which shall nominate a clergyman for institution to such cure when vacant and shall return his name to the trustees together with the recommended terms of appointment. The trustees shall before entering into any contract with such clergyman obtain the written approval of the Bishop of such appointment. If no notice of nomination be returned to the trustees and by them to the Bishop within six months after a vacancy in any cure it shall be competent for the Bishop to appoint. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 61 of 1970 s. 6; L.N. 235 of 1996)(2) Such board of patronage shall consist of the Bishop, who shall be chairman, one clerical representative, one lay representative of the trustees and four lay representatives of the church council concerned: (Amended 61 of 1970 s. 6; E.R. 2 of 2022) Provided that— (a) the incumbent of the church in which the vacancy is expected to occur shall not be a member of the board; and (Replaced 61 of 1970 s. 6) (b) when a vacancy occurs or is expected to occur in the office of Dean two additional members (one clerical to represent the clergy and one lay to represent the laity) shall be appointed by the Bishop or in default of such appointment in such manner as the trustees for the time being may approve. (3) The time and manner of the summoning and meeting of such board and the mode of its procedure shall be determined by the board itself, subject to any direction that may be given by the trustees. The Bishop and not less than three representatives of the church council concerned shall constitute a quorum.(4) The fixing of the salary of the clergyman in charge of any church shall be determined by a sub-committee consisting of not more than six to be appointed by the church council concerned which shall report to the board its decision, but such decision shall be subject to the approval of the board.(5) The question of the renewal or termination of the agreement of the clergyman in charge of any church shall be decided by a board of patronage, constituted as hereinbefore provided, to be appointed by the trustees ad hoc which board shall report its decision to the trustees: Provided that no termination except on the expiration of an agreement shall be valid without the written approval of the Bishop. (Amended 61 of 1970 s. 6) (6) Save with the consent of the trustees no amendment shall be made to the agreement of the clergyman in charge of any church. (Added 61 of 1970 s. 6)(Amended 31 of 2025 s. 211)Regulations 9. Regulations for trustees and church councils (1) The trustees may by regulation provide for all or any of the following matters—(a) the mode of filling up casual vacancies among their number;(b) the holding of meetings of the trustees and the conduct of business thereat;(c) the election and tenure of office of an auditor and the appointment and tenure of office of a treasurer and secretary and the mode of filling up casual vacancies among such officers;(d) the regulation of the church councils constituted by section 10, and the constitution and regulation of church councils for any church to which this Ordinance for the time being applies; (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)(e) the keeping of accounts by church councils;(f) the care, maintenance and administration of chapels of ease;(g) all other matters relating to the affairs of the trustees.(2) No amendment of the regulations shall apply in the case of any particular church council until such amendment has been adopted at a meeting of the qualified and duly enrolled electors of the church in question. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule) (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)Church Councils 10. Church councils of Saint John’s Cathedral and of Saint Andrew’s Church There shall be a Saint John’s Cathedral church council and a Saint Andrew’s Church, Kowloon, church council, and a Christ Church, Kowloon Tong, church council, and a church council for every other church to which this Ordinance for the time being applies. The primary duties of every such council, whether constituted by or under this Ordinance, shall be to co-operate with the incumbent in the initiation, conduct and development of work in the church concerned in accordance with the regulations for church councils for the time being in force and to exercise the powers conferred upon them in accordance with section 7: Provided that— (a) all matters connected with the religious services of the churches shall be under the immediate direction and management of the respective incumbents or clergymen in charge subject nevertheless to the control of the Bishop; and (b) no change in the customary arrangement and conduct of the religious services in any church shall be made arbitrarily and without the consent of the church council, and that the incumbent or clergyman in charge shall inform the council before making any change. Any question which may then or from time to time arise between the incumbent or clergyman in charge and the church council with regard to any such change shall be referred to the Bishop who, after such consultation as he thinks best both with the incumbent or clergyman in charge and the council, shall make orders thereon against which there shall be no appeal. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 61 of 1970 s. 7) Miscellaneous 11. Application of Ordinance The provisions of this Ordinance shall apply to every church of the English-speaking Anglican Church now or hereafter established in Hong Kong.(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 4 of 2000 s. 3; 31 of 2025 s. 212) 12. Right of visitation The right of visitation of churches shall lie with the Bishop who may report to the trustees any irregularities in regard to the fulfilment of the duties of any particular church council in matters delegated to it by the trustees.(Amended 61 of 1970 s. 8) 13. Bishop’s right to use Cathedral The Bishop shall have the right of using the Cathedral, upon due notice being given, for ordinations, confirmations and other special services, of determining the order and form of such services, and of preaching and celebrating the Holy Communion therein. 14. (Repealed 61 of 1970 s. 9) 15. Government grant for services at prisons and Government hospitals It shall be lawful for the Chief Executive to appropriate such proportion of any sum which may be voted by the Legislative Council for general ecclesiastical or religious purposes as he may deem proper to the trustees, and thereupon the Dean or other clergyman nominated by the trustees, if such sum is accepted by the trustees, shall be bound when so required to provide for all requisite religious services and ministrations of the Anglican Church at the prisons and Government hospitals.(Amended 4 of 2000 s. 3; 31 of 2025 s. 213) 16. Power to erect memorials (1) The trustees shall have power to decide as to the erection of memorial tablets or other memorials in any church to which this Ordinance for the time being applies or in the precincts thereof, subject in each case to the written approval of the Bishop.(2) The trustees, subject to the written consent of the Bishop, may order the removal of any monument, tablet or other memorial in any church to which this Ordinance for the time being applies or the precincts thereof which has become ruinous, dilapidated or unsightly if the donor thereof or his representatives cannot be found or will not properly repair and maintain it to the satisfaction of the trustees:Provided that three months’ notice of such intended removal shall be given in writing to the donor or his representatives if he or they can be found, and if not a notice signifying such intended removal shall be posted for three months in the western porch of the church concerned.(3) Subject in each case to the written approval of the Bishop, the trustees shall have power to make alterations in a church to which this Ordinance for the time being applies or its furniture and to add to or remove ornaments therein.(Amended 61 of 1970 s. 10) 17. Saving of the Chater Endowment Funds Nothing in this Ordinance shall affect or be deemed to affect the Chater (Saint John’s Cathedral Church) Endowment Fund or the Chater (Saint Andrew’s Church) Endowment Fund, save that for the purposes of such funds the trustees shall be substituted for the church body and vestry respectively and shall authorize the payment of the income of such funds to the council of the church concerned. 18. 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. 7]Letter of Delegation issued pursuant to section 7 of the English-speaking Anglican Church Trust Ordinance (Cap. 1014). To the Church Council of Church. The Trustees appointed under the English-speaking Anglican Church Trust Ordinance (Cap. 1014), hereby delegate the care and maintenance of the following property to the above mentioned Church Council, namely— and empower the said Church Council to exercise the following powers and duties, namely— Given under the hands of the Archbishop of the Hong Kong Sheng Kung Hui, and of two of the trustees this day of , . Archbishop. Trustees. } (Amended 31 of 2025 s. 214)