1949-HKRS29-8-16_Part03 — Page 35

Short title.

Interpreta- tion.

Ordinance No. 14 of

1923.

AND WHEREAS by the War Memorial Nursing Home Trustees Ordinance, 1923, the Trustees of the War Memorial Nursing Home and their successors in office (hereinafter called the "Nursing Home Trustees") were incorporated as a body corporate and the property of the War Memorial Nursing Home was vested in the said Trustees to be administered in accordance with the constitution provided by the said Ordinance for the institution and maintenance of the Hong Kong War Memorial Nursing Home:

AND WHEREAS in order to ensure the continuance of the objects for which the said Matilda Hospital was instituted and to make provision for a nursing home or hospital to fulfil the purpose for which the War Memorial Nursing Home was instituted it is deemed expedient that all lands buildings messuages or tenements funds and endowments held by the Trustees of the Will and Codicil of the Testator and all the funds and endowments held by The Nursing Home Trustees should be vested in one incorporated body and that the same may be administered for the purposes and subject to the provisions of an Ordinancë:

Now Therefore Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof:

1. This Ordinance may be cited as the Matilda and War Memorial Hospital Ordinance, 1949.

2. In this Ordinance-

"Board of Governors" or "Board" means the Board of Governors referred to in section 4 of this Ordinance and specified in Article 7 of the Constitution:

"Constitution" means the Articles of Constitution referred to in section 4 of this Ordinance and specified in the Schedule to this Ordinance;

"Corporation" means the Matilda and War Memorial Hospital named and incorporated in accordance with the provisions of section 3 of this Ordinance;

"Custodian Trustee" means the Hong Kong and Shanghai Bank, Hong Kong (Trustee) Limited appointed as Custodian Trustee in accordance with the provisions of section co of this Ordinance t

"Nursing Home Trustecs" means the Trustees appointed in accordance with the provisions of section 3 of the War Memorial Trustees Ordinance, 1923;

"Trustees" means the Trustees of the Will and Codicil

of Granville Sharp, deceased.

corporation.

3. A hospital to be named the Matilda and War Memorial Description Hospital is hereby incorporated as a body corporate and as the and in Matilda and War Memorial Hospital shall have perpetual succes- siun and shall and may sue or be sued in all courts and shall have and may use a Common Seal and may break change alter and make anew the said Seal.

tion and

The Articles of Constitution specified in the Schedule to Constitu- this Ordinance shall be binding upon the Corporation and a Board Board of of Governors shall be appointed in accordance with the Constity- Governors. tion the members of which shall be deemed to be the members of the Corporation after notice of their appointment has been filed with the Registrar of Companies.

5. (1) The Corporation shall have power to direct the Powers of Custodian Trustee to do any of the following acts namely to tion.

Corpora acquire, accept leases of, purchase, Lake, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situated and also to 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 and kind soever.

(2) The Corporation shall further have power to direct the Custodian Trustee to do any of the following acts namely to borrow or raise money and to give securities for the repayment thereof, to grant, sell, convey, assign, surrender, exchange, parti. tion, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mort- gages, debentures, stocks, funds, shares, or securities, which are for the time being vested in the Custodian Trustee for the Cor- poration upon such terms as to the Corporation may seem fit: Provided that-

(a) the powers of direction conferred by this section shall only be exercised for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting the work of the Corporation; and

(b) the Custodian Trustee may accept the certificate of the Corporation in connection with any matters mentioned herein that the direction does not contravene the requirement of