Ordinance No. 5 of 1901.
Ordinance
No. 5 of 1901.
Application of revenues of Chinese temples.
241
for Chinese Affairs Incorporated, who may be in posses- sion or control of, or in whom may be vested, any property held on behalf of or for the purposes of any Chinese temple, to transfer or assign any such property to the Secretary for Chinese Affairs Incorporated.
(3) Any such direction shall be signed by the Chair- man of the Chinese Temples Committee, and shall be served on the person required by the direction to transfer or assign the property in question.
(4) If the person so served fails withont lawful excuse to transfer or assign the property forthwith he shall be deemed to have been guilty of a contravention of this Ordinance.
(5) If the property in question is immovable pro- perty, and the person in whom it is vested fails with- out lawful excuse to comply with the direction of the Chinese Temples Committee to assign the property to the Secretary for Chinese Affairs Incorporated, or cannot be served, it shall be lawful for the Supreme Court, upon an originating summons issued by the Chairman of the Chinese Temples Committee, to make an order vesting the said property in the Secretary for Chinese Affairs Incorporated. Any such vesting order shall have the same effect as a vesting order made under section 43 of the Trustee Ordinance, 1901.
(6) If the property in question consists of stock as defined in the Trustee Ordinance, 1901, or is a chose in action, and the person by whom or in whose name it is held, or in whom the right to sue and recover it is vested, fails without lawful excuse to comply with the direction of the Chinese Temples Committee to transfer the property to the Secretary for Chinese Affairs In- corporated, or cannot be served, it shall be lawful for the Supreme Court, upon an originating summons issued by the Chairman of the Chinese Temples Com- mittee, to make an order vesting in the Secretary for Chinese Affairs Incorporated the right to transfer or call for a transfer of the stock, or to receive the divi- dends or income thereof, or to sue for or receive the chose in action, as the case may be. Any such vesting order shall have the same effect as a vesting order made under section 51 of the Trustee Ordinance, 1901.
(7) If the property in question is of any other nature than the kinds of property referred to in sub- sections (5) and (6), and the person in whose possession or under whose control the property is fails without lawful excuse to comply with the direction of the Chinese Temples Committee to transfer the property to the Secretary for Chinese Affairs Incorporated, or cannot be served, it shall be lawful for a magistrate to make an order authorising any police officer to take possession of the property, using such force as may be necessary for the purpose, and to transfer it to the Secretary for Chinese Affairs Incorporated.
(8) A certificate under the hand of the Colonial Secretary shall be conclusive evidence for all purposes on the question as to whether any particular individual is, or was on any specified date, a member of the Chinese Temples Committee.
7.-(1) The revenues of all Chinese temples shall be applied in the first instance to the due observance of the customary ceremonies and the maintenance of the temple buildings and temple properties, and any surplus may be transferred to the General Chinese Charities Fund referred to in section 8.
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