| To provide for the incorporation of The General of The Salvation Army as a corporation sole having perpetual succession. [12 October 1951] (Originally 35 of 1951) Cap 1062 Preamble WHEREAS by a Deed Poll (hereinafter called the Deed of Constitution) dated the 7th day of August, 1878, and under the hand and seal of William Booth (the founder and General Superintendent of a religious society or organization known as the Christian Mission) and afterwards enrolled in the Chancery Division of the High Court of Justice in England the original name, doctrines and purposes of the Christian Mission were recited and stated : AND WHEREAS at some time before the 24th day of June, 1880, the name of the said religious society or organization was changed from "the Christian Mission" to "The Salvation Army" as appears by a Memorandum of that date under the hand of the said William Booth endorsed on the Deed of Constitution and afterwards enrolled in the Central Office of the Supreme Court of Judicature in England: AND WHEREAS the said religious society or organization has since been and is now known as The Salvation Army and The General Superintendent thereof has since been and is now known as The General of The Salvation Army: AND WHEREAS by a Deed Poll (hereinafter called the Supplemental Deed of Constitution) dated the 26th day of July, 1904, under the hand and seal of the said William Booth and afterwards enrolled in the Central Office of the Supreme Court of Judicature in England the provisions of the Deed of Constitution were supplemented by provisions dealing with matters and contingencies not taken account of in the Deed of Constitution: AND WHEREAS by a Deed Poll dated the 21st day of November 1930, under the hand and seal of Edward John Higgins and afterwards enrolled in the Central Office of the Supreme Court of Judicature in England the provisions of the Supplemental Deed of Constitution were (pursuant to a power in that behalf thereby reserved) added to and varied: Cap 1062 s 1 Short title This Ordinance may be cited as the Salvation Army Ordinance. Cap 1062 s 2 Incorporation Remarks: Adaptation amendments retroactively made - see 41 of 1999 s. 3 (1) The General of The Salvation Army for the time being shall be deemed a corporation sole, hereinafter called the corporation, and shall be known and described as "The General of The Salvation Army", and in that name shall have perpetual succession and shall and may have and use a corporate seal and may from time to time break, change, alter and make anew the said seal as to the corporation may deem fit. (2) The corporation may sue and be sued and take all legal proceedings in any of the Courts of Hong Kong and all writs of summons, notices and legal process may be served upon the corporation by being left at the residence in Hong Kong of the duly appointed attorney of The General of The Salvation Army for the time being. (Amended 41 of 1999 s. 3) Cap 1062 s 3 Powers of corporation (1) The corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature or kind soever and wheresoever situate, 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, company or person, and also to purchase, acquire and possess vessels and other goods and chattels of what nature and kind soever. (2) The corporation shall further have power by deed under its seal to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, or vessels or other goods and chattels, which are for the time being vested in or belonging to the corporation, upon such terms as to the corporation may seem fit. Cap 1062 s 4 Use of the corporate seal (1) All deeds, documents and other instruments requiring the seal of the corporation shall be sealed with the seal of the corporation in the presence of The General of The Salvation Army for the time being or his attorney duly authorized by power of attorney and shall also be signed by The General for the time being or his attorney so authorized as aforesaid. (2) Such signing shall be taken as sufficient evidence that the said seal was duly and properly affixed and that the same is the lawful seal of the corporation. Cap 1062 s 5 Change of person holding office of General not to affect property and interest No change of the person holding the office of The General of The Salvation Army shall affect any immovable or movable property or any interest therein vested in the corporation but the same shall notwithstanding any such change continue to be vested in the corporation. Cap 1062 s 6 Who to be deemed The General of The Salvation Army Upon the lodging at the office of the Chief Secretary of a copy or copies certified by the Chief of Staff of The Salvation Army or the Commissioner acting for the time being as the Chief of Staff of The Salvation Army of a document or documents purporting to be or to record the appointment of and acceptance of office by a General of The Salvation Army it shall be deemed to be conclusive in evidence that the person named in such certified copy or copies is the person duly authorized to exercise the office of The General of The Salvation Army for the time being until the recording and lodging of a similar certified copy or copies as aforesaid. |
