| To repeal and replace the Tung Wah Hospital Ordinance. [12 February 1971] (Originally 4 of 1971) Cap 1051 s 1 Short title This Ordinance may be cited as the Tung Wah Group of Hospitals Ordinance. Cap 1051 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "advisory board" (顾问局) means the board continuing to exist by virtue of paragraph 19 of the Schedule; "annual general meeting" (周年会员大会) means the annual general meeting of the corporation; "board" (董事局) means the board of directors established by paragraph 5 of the Schedule; "chairman" (主席) means the chairman of the board; "Chinese" (华人) means persons of the Chinese race; "corporation" (法团) means the corporation continuing to exist by virtue of section 3; "director" (总理) means a director of the corporation; "ordinary general meeting" (普通会员大会) means an ordinary general meeting of the corporation; "ordinary member" (普通会员) means an ordinary member of the corporation; "repealed Ordinance" (已废除条例) means the repealed Tung Wah Hospital Ordinance (Cap 1051 1964 Ed.); "secretary" (秘书) means the secretary of the corporation; "voting member" (有表决权的会员) means a voting member of the corporation; "year" (年度) means the period commencing on 1 April in any year and ending on 31 March in the following year. (Amended 84 of 1992 s. 17) Cap 1051 s 3 Incorporation of the Tung Wah Group of Hospitals (1) The corporation existing by virtue of the repealed Ordinance shall continue to exist. (2) The corporation- (a) shall be known as the Tung Wah Group of Hospitals and in that name may sue and be sued; (b) shall continue to have perpetual succession; and (c) may do and suffer all such other acts and things as bodies corporate may lawfully do and suffer. Cap 1051 s 4 Matters relating to the corporation The provisions of the Schedule shall have effect with respect to- (a) the objects and powers of the corporation; (b) the membership of the corporation; (c) the board; (d) (Repealed 84 of 1992 s. 18) (e) the advisory board; (f) meetings and procedure,and otherwise in relation to the corporation. Cap 1051 s 5 Vesting of property (1) All the immovable property vested in the corporation at the commencement of this Ordinance shall continue to be vested in the corporation for the residue of the term of years created by the respective Crown leases, subject to the covenants, conditions, stipulations, exceptions, reservations, provisos and powers contained in and reserved by the said Crown leases. (2) Any other property, right and privilege vested in the corporation at the commencement of this Ordinance shall continue to be vested in the corporation on the terms and conditions, if any, on which the same was vested at that date, and the corporation shall continue to be subject to the obligations and liabilities to which it was subject at the commencement of this Ordinance. Cap 1051 s 6 Board may exercise powers of corporation The board may exercise any of the powers of the corporation which are not required by this Ordinance to be exercised by the corporation in general meeting. Cap 1051 s 7 Accounts (1) The board shall cause to be kept proper books of account of all transactions of the corporation. (2) Such books of account shall be open at all reasonable times to the inspection of any director and of any person appointed by the Chief Executive in that behalf. (Amended 4 of 2000 s. 3) (3) A chairman shall within 6 months after the expiration of his term of office send to the Chief Secretary for Administration a statement of the accounts of the corporation which shall- (Amended L.N. 362 of 1997) (a) be signed by 2 persons who were directors during the year to which the statement relates; (b) be audited in accordance with subsection (4); and (c) contain the following particulars- (i) an account of the assets and liabilities of the corporation at the end of the previous year; (ii) an account of the receipts and disbursements of the corporation during the previous year; and (iii) a report on the administration of the corporation during the previous year.(4) The accounts of the corporation and the signed statement of the accounts shall be audited by an auditor appointed by the corporation, being a certified public accountant (practising) as defined in the Professional Accountants Ordinance (Cap 50), and the auditor shall certify the statement of the accounts subject to such report, if any, as he thinks fit. (Amended 76 of 1973 s. 3; 23 of 2004 s. 56) (5) A copy of the signed and audited statement of the accounts and the auditor's report, if any, shall within 6 months after the end of the year be sent to each- (a) director; (b) person who was a director during that year; (c) member of the advisory board; and (d) voting member. Cap 1051 s 8 Directors to be indemnified Every director shall be indemnified by the corporation against liability for any acts of the corporation. |
