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3. The mode of electing directors has in practice never conformed to the provision above quoted in the incorporation Ordinance. The procedure, which has grown to be more or less a definite tradition, has been for certain guilds and other bodies to nominate directors to serve. This procedure or tradition has worked out extremely well in practice, any difficulty experienced having been due not to any guild or body claiming the right to send representatives, but, on the contrary, to the unwillingness of some guilds to nominate representa- tives.
4. The chief object of this Ordinance is to put that practice or tradition on a more regular footing.
5. The Hospital in Kowloon known as the Kwong Wah is governed by Ordinance No. 58 of 1911. Under that Ordinance the Tung Wah Hospital possesses, in relation to the Kwong Wah, the same powers and rights and is subject to the same liabilities and responsibilities as it possesses, and is subject to, with regard to the Tung Wal Hospital (section 3). The Board of Directors have the power to appoint a manager subject to the approval of the Governor (section 4), and the Board of Directors have the power, subject to the approval of the Governor in Council, to appoint à local committee consisting of subscribers to the Kwong Wah Hospital who are residents in Kowloon, of which the manager above mentioned should be ex officio chairman (section 6).
6. Whether the Kwong Wah was ever managed in accordance with the provisions of Ordinance No. 38 of 1911 seems doubtful. It is clear that as Kowloon grew and men were forthcoming to manage the Kwong Wab as a Chinese Hospital for Kowloon, the direct control of the Tung Wah grew less, with the result that now, and for some years past, the Kwong Wah Hospital has been entirely controlled by directors of the Kwong Wah elected according to their own con- stitution, subject to merely the question of finance, over which the Tung Wah, to whom the Kwong Wah used to look for assistance, retain some measure of control or direction.
7. Another object of this Ordinance therefore is to give effect to the reality of the present position of the Kwong Wab by repealing the whole of the Ordinance (clause 18), by providing for the main- tenance of the Kwong Wah by the Tung Wah (clause 4 (c) and (d)), by vesting the Kwong Wah properties in the Tung Wali (clause 7 und first schedule), and by providing for the representatives on the board of direction of the Tung Wah of residents of Kowloon as Directors of the Tung Wab (clause 8 (2)).
S. This Ordinance also gives effect to the desire of the Govern- ment and of the Chinese residents that there shall be one central charitable institution in control, not only of the Tung Wah and its subsidiary institutions or organizations and the Kwong Wah, but also of the Tang Wah Eastern Hospital which is at Sookumpoo (clause 4 (c)).
9. To deal with the sections of the Ordinance seriatim :
Section 1. This gives the short title and adopts the spelling of the name of the hospital as it appears on the corpora- tion's seal and as it is known in preference to the spell- ing adopted in the Ordinance of 1870.
Section 2. It is not proposed to alter the existing practice or tradition except as provided in this Ordinance, and the word "Constitution" is accordingly defined so as to give effect to this intention. The Hospital depends to a large extent on the financial support of guilds, firms and associations. To include them in the membership a definition of “ Society has been inserted which is adopted from the definition in 13 & 14 Geo. 5, e, 14, s. 11.
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Section 3. This provides for the continned existence of the corporation created in 1870 and lays down rules as to the membership of the corporation.
Section 4. This sets out the objects of the corporation and
accords with its traditional practice.
Section 5 deals with the powers of the corporation which are in effect the same as those conferred by Ordinance No. of 1870.
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