1954-HKRS28-8-21_Part01 — Page 28

Incorpora- tion

Powers of

the cor- poration.

"board of trustees" means the board of trustees of the church for the time being appointed in accordance with the constitution.

3. (1) The minister and board of trustees of the church and their successors in office shall be a body corporate, hereinafter referred to as the corporation, and shall have the name of "The Emmanuel Church'

"and in that name shall have perpetual succession and shall and may sue and be sued in all courts in the Colony and shall and may have and use a common seal,

(2) The minister shall be appointed in accordance with the constitution and shall for the period of his appointment be a member of the corporation upon notice of his appointment and where such appointment is made to replace a retiring minister of the church, upon, in addition, notice of such retirement, being filed with the Registrar of Companies. Any such notice shall be signed by the retiring minister and by the board of trustees and shall be sealed with the common seal of the corporation.

(3) The members of the board of trustees shall be appointed in accordance with the constitution and shall for the periods of their respective appointments be members of the corporation upon notice of their appointment, and where such appointment is made to replace a retiring member of the board of trustees, upon, in addition, notice of such retirement, being filed with the Registrar of Companies. Any such notice shall be signed by the continu- ing and retiring trustee or trustees and shall be sealed with the common seal of the corporation.

(4) The minister and board of trustees on incorporation shall consist of the persons respectively holding such offices at the date of the Ordinance coming into operation.

(5) The board of trustees shall be lawfully constituted not- withstanding any vacancies occurring therein by death, absence, resignation or incapacity of any member or any other cause: Provided always that the board of trustees shall at no time consist of less than two members.

A

(1) The corporation shall bave power to acquire, accept lease of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and where- soever situate in this Colony, and also to invest moneys upon mortgage of any lands, buildings, debentures, stocks, funds,

shares or securities of any corporation or company carrying on business or having an office in the Colony, and also to purchase and acquire all goods and chattels of what nature or kind soever,

(2) The corporation shall further have power to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassiga, transfer or otherwise dispose of any lands, buildings, messuages or tenements, mortgages, debentures, stocks, securities, goods and chattels vested in the corporation on such terms as the corporation may seem fit.

5.

All deeds, documents and other instruments requiring Seal. the seal of the corporation shall be sealed with its common seal in the presence of the minister and two members of the board of trustees and shall also be signed by them and such signing shall be taken as sufficient prima facie evidence of the due sealing of such deeds, documents and other instruments,

6. Nothing in this Ordinance shall affect or be deemed to Saving. affect the rights of Her Majesty the Queen, Her Heirs or Succes- sors or the rights of any body politic or corporate or of any other person except such as are mentioned in this Ordinance and those claiming by, from or under them.

Passed the Legislative Council of Hong Kong, this 14th day of April, 1954-

(Secretariat 8/3231/54)

Deputy Clerk of Councils.