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Ordinance No. 5 of 1901.
Ordinance
No. 5 of 1901.
Application
of revenuce of Chinese
temples.
(2) In order to make such control effectual it shall be lawful for the Chinese Temples Committee, without prejudice to any powers that the Committee may possess, to require any person, other than the Secretary 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- mau 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 without 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 trausfer the property to the Secretary for Chinese Affairs Incorporated, or cannot he 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.
8.-(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 9.
:
(2) It shall be within the discretion of the Chinese Temples Committee to decide what are the customary ceremonies of any particular Chinese temple, and what amount may he spent on any particular authorized object, and what surplus may be transferred to the General Chinese Charities Fund.
9.-(1) The General Chinese Charities Fand re- Gonoral ferred to in section 8 shall be held in such manner as Chineso the Chinese Temples Committee may direct, and may Fund.
Charities in the discretion of the Chinese Temples Committee be applied (a) to the pay of the necessary staff and the other expenses incurred by the Chinese Temples Com- mittee in carrying out the powers conferred
upon the Committee by this Ordinance, and (6) for the purposes of any Chinese charity in the Colony.
(2) The accounts of the General Chinese Charities Fund shall be audited at such times and in such manner as the Governor may direct.
10. (1) It shall be lawful for the Chinese Temples Templo Committee to let by tender the office of sz chuk keeper. (, temple keeper), of any particular temple.
(2) It shall be within the discretion of the Chinese Temples Committee to determine the conditions of any tender, the manner in which tenders shall be called for, and the powers and obligations of any particular sz chuk,
(3) Any lump sum or periodical payment paid by any person is respect of any tender by him for the office of sz chuk shall be deemed to be part of the revenue of the particular Chinese temple in question.
(4) It shall also be lawful for the Chinese Temples Committee to appoint any person, without tender, to the office of sz chuk of any particular temple.
(5) It shall be lawful for the Chinese Temples Com- mittee to give one month's notice in writing to the sz chuk of any particular Chinese temple, whether appointed by the Chinese Temples Committee or not, terminating the tenure of his office, and upon the termination of the notice the person in question shall be deemed to have vacated such office, and thereafter shall not act as sz chuk of that particular Chinese temple unless reappointed by the Chinese Temples Committee.
11. It shall be lawful for the Chinese Temples Power to Committee to delegate to such person as they may
delegate. think fit the administration of any particular temple and of the revenues of such temple, and to revoke any such delegation.
12.-(1) If it appears to the Chinese Temples Com- Closing of mittee that there is reason to believe that any falls into
temple which registered Chinese temple is falling or has fallen into disuse. disuse, or that the funds and revenues of any registered Chinese temple are insufficient for its maintenance, it shall be lawful for the Committee to call, in such manner and at such time and place as to the Committee may seem fit, a meeting of such persons as may appear to the Committee to be interested in the matter, and to lay the facts before such interested persons as may attend such meeting, and to ascertain the views of such persons.
(2) If
upon considering such views (if any) and all the circumstances of the case it appears to the Com- mittee that sufficient support of the temple in question is not likely to be forthcoming is shall be lawful for the Committee to order the temple to be closed.
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