1958-HKRS28-8-25_Part02 — Page 21

Inter- pretation.

Application for certifi- cate of incorpora- tion.

First Schedule.

2. In this Ordinance, unless the context otherwise requires--

"body of persons" means-

(a) any community of persons bound together by custom, religion, kinship, nationality or regional or local interests; or

any

(b) any body or association of persons established for

charitable purpose within the meaning of section 2 of the Charities (Land Acquisition)Ordinance, 1958,

the objects of which in either case do not involve the acquisi- tion of gain by such community of persons or body or associé tion of persons or its individual members, as the case may

the i

"certificate" means a certificate of incorporatina granted under

section 4 of this Ordinances,

"corporation" means trustees incorporated in accordance with the provisions of this Ordinance and their successors in office;

"Registrar" means the Registrar of Companies.

3. (1) The duly appointed trustees, who shall in number be not less than three nor more than seven, for the time being of any body of persons may apply to the Registrar for a certificate of incorporation.

(2) Every application shall be in writing signed by the trustees and shall contain the several particulars specified in the First Schedule, or such of them as are applicable to the case, and shall be franked denoting payment of the prescribed fee.

(3) The Registrar may require such declaration or other evidence in verification of the statements and particulars in Ur application, and such other particulars, information and evidence. if any, as he may think fit.

certificate

4. (1) If the Governor, having regard to the nature and Grant of a objects and other circumstances of a body of persons in respect of of incor- which application has been made for a certificate in accordance poration. with the provisions of section 3, and having regard to the public interest, considers the incorporation of the trustees of such body expedient, he may, upon payment to the Registrar of the pre- scribed fee therefor, grant a certificate of incorporation, and such certificate shall be subject to such conditions or directions as may be inserted therein; and the Governor may at any time cancel or amend such certificate.

(2) From the date of the grant of the certificate, the trustces and their successors in office shall be a body corporate by the name set forth in the certificate and in that name shall have perpetual succession, and may suc and be sued, and shall have and use a common seal.

(3) Subject to the conditions or directions (if any) inserted in the certificate and to the provisions of the Charities (Land Acquisition) Ordinance, 1958, the corporation shall have power to acquire and hold and by instrument under its common seal to convey, assign, demise, surrender, exchange, mortgage or otherwise deal with any movable or immovable property in such and the like manner and subject to such restrictions and provi- sions as such trustees might without such incorporation acquire, hold, convey, assign, demise, surrender, exchange, mortgage or otherwise deal with the same for the purposes of such body of persons.

5.

(1) When the Governor has granted, cancelled or Notice of amended a certificate, the Registrar shall cause notice thereof 10 tion and

incorpora be published in the Gazette.

validity of certificate.

(2) A certificate shall be conclusive evidence that all pre- liminary requirements of this Ordinance in respect of such incor- poration have been complied with, and the date of such certificate shall be deemed to be the date on which incorporation took place.