1947-HKRS29-8-14_Part05 — Page 7

Authenticated Laws 確真本香港法例 All

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Proof of Antrian in lcate of society,

Qualifica tion for

6--

20. (1) A copy of any entry in a book of a registered society regularly kept in the course of business shall, if certified in such manner as may be prescribed by the rules, be received in any legal proceeding, civil or criminal, as prima facie evidence of the existence of such entry and shull be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible.

(2) No officer of any such society shall, in any legal proceedings to which the society is not a party, be compelled to produce any of the society's books, the contents of which can be proved under sub-section (1) or to appear as a witness to prove any matters, transactions or accounts therein recorded, unless the Court for special reason so directs.

PART IV.

RIGHTS AND LIABILITIES OF MEMBERS,

21. In order to be qualified for membership of a co membership, operative society a person, other than a registered society.

Mumbara

pot to OKURCİNO

must→→→→

(a) have attained the age of 18 years;

(b) be resident within or in occupation of land within the society's area of operations as described by the by-laws.

22. No member of a registered society shall exercise the rights of a member unless or until he has raade such payment to the society in respect of membership or acquired such interest in the society, as may be prescribed by the ment made rules or by-laws.

tights till duo pay.

23. Except with the sanction of the Registrar, no person shall be a member of more than one registered society whose barship primary object is to grant loans to its members.

Beatriction

of

in society.

Voter of mombers.

Representa tion by proxy.

Contracta

who nen

minora.

24. No member of any registered society shall have more than one vote in the conduct of the affairs of the society: Provided that in the ease of an equality of votes the chairman shall bave a casting vote;

Provided further that in the case of societies of which a registered society is a member that society may have such voting powers as are provided in the rules."

25. A registered society which is a member of any other registered society may appoint any one of its members as its proxy for the purpose of voting in the conduct of the affairs of such other registered society.

26. The minority or non-age of any person duly ad- with neiety mitted as a member of any registered society shall not debar of members that person from executing any instrument or giving" any acquittance necessary to be executed or given under this Ordinance or the rules made thereunder, and shall not be a ground for invalidating or avoiding any contract entered into by any such person with the society; and any auch contract entered into by any such person with the society. whether as principal or as surety, shall be enforceable at law or against such person notwithstanding his minority

or non-age.

to hold

27. No member, other than a registered society, shall No individu hold more than one-fifth of the share capital of any operative society.

co- more than

au-6th of share capital

of any noctely.

wh transfor

test,

28. (1) The transfer or charge of the share or interest Restrictionk of a member or past member or deceased member in the hang of capital of a registered society shall be subject to such conditions as to maximum holding as may be prescribed by this Ordinance or by the rules.

(2) In the case of a society registered with un- limited liability, a member shall not transfer any share held by him or his interest in the capital of the society or any part thereof, unless-

(a) he has held such share or interest for not

less than one year; and

(b) the transfer or charge is made to the society, or to a member of the society, or to a person whose application for membership has been accepted by the com- mittee.

And estate

28. (1) The liability of a past member for the debts Liability of of a registered society as they existed on the dute on which ask per be ceased to be a member shall not continue for a period of deceased of more than two years reckoned from that date.

(2) The estate of a deceased member shall not be liable for the debts of the society as they existed on the date of his decease for a period of more than two years reckoned from the date of his decease.

PART V.

PROPERTY AND FUNDS OF Registered Societies.

man,bar for delay of society,

30. (1) A registered society shall not, except as pro- Loans made vided in section 88, make any loan to any person other than or a & member:

Provided that, with the consent of the Registrar, a registered society may make loans to another registered society.

(2) Except with the permission of the Registrar,

a registered society shall not lend money on the security of any movable property other than produce or goods in which the society is authorised to deal.

(3) The Governor may, by general or special order, prohibit or restrict the lending of money on mortgage of any description of immovable properly by any registered society.

registered suciely.

Juane

81. A registered society shall receive deposits and loans Deposits and from persons who are not members only to such extent and received under such conditions as may be prescribed by the rules ba

registered or by-lawa.

society.

nn other

32. Save as provided in sections 30 and 81, the trans Restrictions actions of a registered society with persons other than transsetlana members shall be subject to such prohibitions and restrictions with non- as may be prescribed by the rules.

Rumbani.

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