(30 of 1960),
Incorporation
of the Board
and use of common sent.
Vesting of properly.
Accounts
(2) Without prejudice to the generality of subsection (1) such rules may-
(a) lay down a scale of fees to be charged on the grant to any person of a right to use or designate a grave space for the burial of bimself or any member of his family;
(b) regulate the manner of burial and the forms of burial service. ceremonies or rites to be performed in commemoration of the dead;
(c) regulate the dimensions, allocation and use or reservation of
grave spaces;
{d} provide for the termination and cancellation of any right re-
ferred to in paragraph (a); and
(e) provide for the disinterment and removal of human remaius.
(3) Nothing in this section shall be construed to empower the Board to make any rule-
(a) which derogates from any of the provisions of any by-laws or regulations made pursuant to any of the provisions of the Public Health and Urban Services Ordinance, 1960, which relate to the control of private cemeteries within the meaning of that Ordinance; or
(b) the contravention of which shall constitute a criminal offence
by any person.
9. (1) The Board shall be a body corporate and shall have the corporate name of "The Board of Management of the Chiness Per- manent Cemeteries" and in that name shall have perpetual succession and may sue and be sued in all courts and shall have and may use a common seal bearing such name.
(2) Any deed, document or other instrument requiring the seal of the Board shall be scaled with the common seal and signed by the Chairman and by the Secretary or the Treasurer of the Board or by such other person as the Board may by resolution appoint for that purpose and such signing shall for all purposes be taken as sufficient evidence of the due sealing of such deed, document or other instrument.
10. With effect from the commencement of this Ordinance all moneys, securities for money, goods, chattels or other property whatso- ever vested in the former Board are hereby transferred to and vested in the Board and the Board shall become liable for all outstanding debts or liabilities whatsoever of the former Board.
11. (1) The Board shall cause proper accounts to be kept of all transactions of the Board and shall cause to be prepared from the date of the commencement of this Ordinance until the 31st day of December.
7
1965, and thereafter for every period of twelve months ending on the 31st day of December, in each year, a statement of the accounts of the Board, which statement shall include an income and expenditure account and a balance sheet.
(2) The accounts of the Board and the statement of the accounts shall be audited by an authorized auditor to be appointed by the Board, not being a member or ex-member of the Board, from the list of authorized auditors kept by the Registrar of Companies in accordance with the provisions of section 131 of the Companies Ordinance and (Cap. 32). such auditor shall certify the statement subject to such report, if any, as he may think fit.
(3) The audited statement of accounts together with the auditor's report, if any, shall thereafter be laid before the Board at the next succeeding annual general meeting thereof.
12. On the commencement of this Ordinance- (a) the former Board is dissolved;
(b) all those pieces or parcels of land appropriated by the several Deedy of Appropriation to the use of the former Board are deemed to have been appropriated to the use of the Board upon the same terms and conditions upon which they were appropriated to the use of the former Board until the said land be vested in the Board by appropriate leases of the same; (c) the Deeds of Appropriation are revoked;
(d) the existing rules governing the maintenance and management of Chinese Permanent Cemeteries made by the former Board shall be deemed to have been made by the Board and shall remain in operation unless and until the same be revoked or replaced by new rules made by the Board pursuant to the provisions of section 8.
Transitional provisions.
13. Nothing in this Ordinance shall affect or be deemed to affect Saving the rights of Her Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or corporate or any other persons except such as are mentioned in this Ordinance and those claiming by from or under them.
This printed impression has been carefully compared by me with the Bill which passed the Legislative Council on the 2nd day of December, 1964, and is found by me to be a true and correctly primed copy of the said Bill.
OL AL
1
Deputy Clerk of Councils.
(Secretarial BL3751/48)