| To provide for the incorporation of the Spiritual Assembly of the Baha'is of Hong Kong and to provide for matters incidental thereto or connected therewith. (Enacted 1988) [17 June 1988] (Originally 42 of 1988) Cap 1143 s 1 Short title This Ordinance may be cited as The Spiritual Assembly of the Baha'is of Hong Kong Incorporation Ordinance. (Enacted 1988) Cap 1143 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Assembly" (总会) means the Spiritual Assembly for the time being elected by the members of the Baha'i community of Hong Kong in accordance with the constitution; "company" (公司、该公司) means the company incorporated under the Companies Ordinance (Cap 32) and registered under that Ordinance by the name of "The National Spiritual Assembly of the Baha'is of Hong Kong"; "constitution" (章程) means the constitution of the Assembly as set forth in the First Schedule and any amendments thereto made from time to time in accordance with such constitution; "contract of employment" (雇佣合约) means a contract of employment, whether express or implied and, if express, whether oral or in writing; "employee" (雇员) means- (a) in relation to the company, a person who works for the company under a contract of employment; and (b) in relation to the Assembly, a person who works for the Assembly under a contract of employment and includes a person who was, immediately before the commencement of this Ordinance, a person referred to in paragraph (a). (Enacted 1988) Cap 1143 s 3 Incorporation The Assembly shall be a body corporate under the name of "The Spiritual Assembly of the Baha'is of Hong Kong" with exclusive right to use that name in Hong Kong and in that name shall have perpetual succession and may sue and be sued and shall have and may use a common seal. (Enacted 1988) Cap 1143 s 4 Objects of the Assembly The objects of the Assembly and its members shall be to administer the affairs of the Cause of Baha'u'llah for the benefit of the Baha'is of Hong Kong according to the principles of Baha'i affiliation and administration created and established by Baha'u'llah, Founder of the Baha'i Faith, by 'Abdu'l-Baha, its Interpreter and Exemplar, by Shoghi Effendi, its Guardian and for the Assembly and its members to carry out on behalf of themselves and their successors the sacred Trust and religious standard established by Baha'u'llah for Baha'i administrative bodies in the words: "Be ye Trustees of the Merciful One among men" and to seek the help of God and His guidance in order to fulfil that exhortation. (Enacted 1988) Cap 1143 s 5 Powers of the Assembly The Assembly shall have power- (a) to acquire, take on lease, purchase, hold and enjoy property, movable or immovable, and sell, let or otherwise dispose of or deal with such property; (b) to enter into any contract; (c) to apply for and receive sponsorships, receive gifts, whether on trust or otherwise, and act as trustee of moneys or other property vested in it on trust; (d) to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages or tenements, mortgages, debentures, stocks, shares, securities, goods or chattels vested in the Assembly on such terms as the Assembly may deem fit; and (e) generally to do all such other things as may appear to be incidental or conducive to the furtherance of its objects. (Enacted 1988) Cap 1143 s 6 Assembly to exercise powers in accordance with the constitution (1) The Assembly shall be subject to the control of the constitution and shall exercise its powers in accordance with such constitution. (2) The constitution of the Assembly may be amended at any time and from time to time in accordance with its provisions for the time being in force. (3) Any amendment of the constitution shall be effective upon- (a) a copy thereof, certified by the Secretary of the Assembly or a member thereof acting as Secretary, being lodged with the Registrar of Companies; and (b) such amendment being published in the Gazette. (Enacted 1988) Cap 1143 s 7 Execution of documents All documents requiring the seal of the Assembly shall be sealed with its common seal in the presence of two members of the Assembly and shall be signed by such two members and the Secretary for the time being, and such signing shall be prima facie evidence that the said seal was duly affixed and that the same is the lawful seal of the Assembly. (Enacted 1988) Cap 1143 s 8 Vesting of properties, etc. (1) On and from the commencement of this Ordinance- (a) all those pieces or parcels of land specified in the Second Schedule which immediately prior to the commencement of this Ordinance were vested in the company together with all rights, easements and appurtenances thereto shall vest in the Assembly for the unexpired residues of the respective terms of years created by the Crown Leases or Conditions of Grant specified opposite each such piece or parcel, subject to the payment of the rent and performance and observance of the covenants and conditions reserved by and contained in the said Crown Leases and Conditions of Grant, and subject to such leases, tenancies, easements and other rights as may be subsisting in relation to the premises upon the commencement of this Ordinance; |
