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To provide for the incorporation of the council of the Munsang College, Hong Kong. [24 May 1957] (Originally 26 of 1957) Cap 1094 s 1 Short title This Ordinance may be cited as the Munsang College Incorporation Ordinance. Cap 1094 s 2 Incorporation Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 The council for the time being as hereinafter composed of Munsang College, Hong Kong, shall be a body corporate, hereinafter called the corporation, and shall have the corporate name, "Munsang College", and in that name shall have perpetual succession and shall and may sue and be sued in all courts in Hong Kong and shall and may have and use a common seal. (Amended 55 of 2000 s. 3) Cap 1094 s 3 Purpose of the corporation The purpose of the corporation shall be to carry on the work for which the Munsang College was originally founded, that is, of offering to Chinese youths a modern liberal education (special attention being given to the teaching of the English and Chinese languages and literature), and encouraging them to lead a Christian life. Cap 1094 s 4 Limitation of number of members of council (1) The council shall consist of not less than nine members nor more than twenty-one. (2) The council shall have a chairman, a vice-chairman, an honorary secretary, and an honorary treasurer (hereinafter referred to as the officers) and such number of supervisors as may be necessary, all of whom shall be elected from among the members of the council: Provided that, in the case of supervisors, their election shall be referred by the council, with such recommendations as the council may wish to make, to the Permanent Secretary for Education and Manpower for his approval of such appointments and, in case of disapproval, such elections shall be of no effect. (Amended 3 of 2003 s. 41) (3) The officers shall hold office for a term of one year and shall retire at the ordinary meeting of the council next following the expiration of their term of office but they shall be eligible for re-election. (4) The council shall- (a) have such powers; (b) perform such duties; (c) transact such business; and (d) hold such meetings,as are specified in this Ordinance and in the rules made under section 9. Cap 1094 s 5 Filling of vacancy On the occurrence of any vacancy in the council caused by the death, resignation, or other determination of office in accordance with the rules made under section 9, of any one of such members of the council, it shall be filled in manner prescribed in the rules. Cap 1094 s 6 Appointment and removal of principle (1) The council may from time to time by resolution passed, in accordance with the rules made under section 9, at a meeting convened for the purpose appoint such number of principals as may be necessary for the administration and management of colleges and schools established and run by the corporation and, may, in like manner, when occasion so requires- (a) remove any principal so appointed; or (b) appoint another person to act as principal during the temporary absence of the substantive holder of that office.(2) Any resolution passed for any of the purposes mentioned in subsection (1) shall be authenticated by the chairman and vice-chairman of the council and when so authenticated shall be conclusive evidence for all purposes of the facts therein contained. Cap 1094 s 7 Powers of corporation (1) The corporation shall have power to acquire, accept and grant 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 build, rebuild, alter, vary, renew, maintain and repair any building, messuages or tenements, and also to invest moneys upon mortgage of any lands, buildings, messuages or tenements, debentures, stocks, funds, shares or securities of any government, municipality, corporation, or company and also to purchase, acquire, and possess 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, pledge, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds, shares or securities, or other goods and chattels whatsoever, which are for the time being vested in or belonging to the corporation, upon such terms as the corporation may deem fit. Cap 1094 s 8 Execution of deeds All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of any three of the following officers, namely- (a) the chairman; (b) the vice-chairman; (c) the honorary secretary; and (d) the honorary treasurer,and shall also be signed by the same three officers so present, and such signing shall be taken as sufficient evidence of the due sealing thereof. Cap 1094 s 9 Power to make rules The council may from time to time by resolution passed, in accordance with the rules made under this section, at a meeting convened for the purpose make such rules as the council may at its discretion deem desirable for- (a) the administration or management of the corporation; (b) the management of the corporation's premises and property of whatever description; (c) the holding of meetings of the council and the conduct of business thereat; and (d) such other matters as may be deemed necessary for the better administration or management of the corporation and its premises and properties. Cap 1094 s 10 Registration with Registrar of Companies (1) The corporation shall send to the Registrar of Companies for registration- (a) notice of the address of the principal office of the corporation and any change thereof; (b) a copy of all rules made under the provisions of section 9, certified as correct by the chairman of the corporation; (c) a list of the names and addresses of the chairman, vice-chairman, honorary secretary, honorary treasurer and other members of the council, and any change therein, certified as correct by the chairman of the corporation.(2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any amendment or change, as the case may be. (3) A fee of five dollars shall be payable for registering any document under this section. (4) Upon payment of a fee of one dollar, any person may inspect any of the documents registered with the Registrar of Companies under this section. Cap 1094 s 11 Prohibition against payment of dividend or bonus No dividend or bonus shall be paid and no gift or division of money shall be made by or on behalf of the corporation to or among any of the members of the council, or, to or among the students of any college or school established or maintained by the corporation except by way of prize, reward or special grant to students approved on each such occasion by a majority of the members of the council. Cap 1094 s 12 Saving Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them. (Amended 55 of 2000 s. 3)