To establish a college within the University of Hong Kong styled the College of St. John the Evangelist, and to provide for the incorporation of the members thereof. [27 April 1956] (Originally 20 of 1956) Cap 1089 Preamble WHEREAS it is desirable to establish a college within the University of Hong Kong, styled the College of St. John the Evangelist for the pursuit of virtue and sound learning with faith in God and within the order of the Anglican Communion; and to this end to provide accommodation for teachers and students of all races where they may live, study and worship together; and to promote extramural activities in Christian learning and service, that the members of the College may the better understand and fulfil their duty to God and their neighbours: AND WHEREAS it is desirable to incorporate the members of the said College: Cap 1089 s 1 Short title This Ordinance may be cited as the St. John's College Ordinance. Cap 1089 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "College" (学院) means the College of St. John the Evangelist; "constitution" (宪章) means the constitution set out in the Schedule and any subsequent amendments thereto; "council" (院务委员会) means the council of the College established in accordance with the constitution; "Master" (院长) means the Master of the College; "members" (成员) means the President, Master, Fellows, Honorary Fellows and treasurer, the members of the council, the graduates of the University who have been registered as undergraduate members of the College or of St. John's Hall or of St. Stephen's Hall and the undergraduates of the University registered as such and for the time being residing in the College; "President" (会长) means the President of the College; "rules" (规则) means rules made by the council under section 6; "treasurer" (司库) means the treasurer of the College; "University" (大学) means the University of Hong Kong. Cap 1089 s 3 Establishment and incorporation Remarks: Adaptation amendments retroactively made - see 53 of 2000 s. 3 There shall be established in Hong Kong a college affiliated to the University styled the "College of St. John the Evangelist" by which name the members of the College are hereby constituted a body corporate with perpetual succession and a common seal and with full power by and in such name to sue and be sued. (Amended 53 of 2000 s. 3) Cap 1089 s 4 Powers (1) The College 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 College shall further have power to grant, sell, convey, assign, surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer and 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 College, upon such terms as to the College may seem fit. Cap 1089 s 5 Government of College The College shall be governed, administered and managed in accordance with- (a) the provisions of this Ordinance, of the constitution and of the rules; and (b) the provisions of regulations made by the Senate of the University from time to time governing the residence, welfare and discipline of students. Cap 1089 s 6 Council (1) There shall be a council, which shall be the governing body of the College. (2) The council shall exercise the powers set out in section 4 and in addition shall have power- (a) to appoint Fellows and Honorary Fellows; (b) to make, and from time to time to alter, rules for the administration, control and management of the College; (c) to provide the buildings, premises, furniture, and other requirements needed for the College; (d) to enter into, vary, carry out, and cancel contracts on behalf of the College; (e) to select a seal for the College; (f) to prescribe fees; (g) to prescribe the duties of all officers whom it may appoint and to fix their remuneration and the terms and conditions of their appointments; (h) to fix the financial year; (i) to do all such other acts and things as may be requisite to give effect to the powers conferred on the council by this Ordinance.(3) Without prejudice to the generality of paragraph (b) of subsection (2), the power therein shall include power to make and alter rules for- (a) the election of members to the council: Provided that rules made under this subsection shall make due provision for the representation on the council of the graduate members of the College and of St. John's and St. Stephen's Halls;(b) entry, residence and discipline of students. Cap 1089 s 7 Administrative authority The Master and Fellows shall constitute the administrative authority of the College and, subject to the provisions of this Ordinance and the rules and to the financial control of the council, shall have the regulation of the internal management of the College. Cap 1089 s 8 Committees The council and the Master and Fellows respectively may establish such committees with such membership as they think fit. Cap 1089 s 9 Execution of documents (1) All deeds and other instruments requiring the corporate seal of the College shall be sealed in the presence of two of the following persons, namely the President, the Master and the treasurer, and shall be signed by the persons in whose presence they are sealed, and such signing shall be taken as sufficient evidence of due sealing of such deeds and other written instruments. (2) All deeds, instruments and other documents and writings requiring the signature of the College shall be signed by two of the persons specified in subsection (1). Cap 1089 s 10 Prohibition of payments to members No dividend or bonus shall be paid and no gift or division of money shall be made by or on behalf of the College to or among any of the members except by way of prize, reward or special grant. Cap 1089 s 11 Amendments and alterations Remarks: Adaptation amendments retroactively made - see 53 of 2000 s. 3 The constitution of the council as set out in the Schedule may be amended or altered by resolution of the council: Provided that- (a) any such resolution shall be passed by not less than two-thirds of the members of the council and shall be approved in writing by the Visitor of the College, by the Bishop of Victoria, Hong Kong and by the Council of the University; (b) any amendment or alteration to the constitution shall be submitted to the Chief Executive in Council who may approve or disallow the same. Any amendment or alteration approved by the Chief Executive in Council shall be published in the Gazette and shall, unless otherwise provided, come into operation on the day of such publication. (Amended 53 of 2000 s. 3) Cap 1089 s 12 Registration of documents with Registrar of Companies (1) The College shall forward to the Registrar of Companies for registration- (a) notice of the address of the registered office of the College and any change thereto; and (b) the names and addresses of the Master and treasurer and any change thereto.(2) Notification in accordance with subsection (1) shall be made within twenty-eight days of any change. (3) Any person may inspect any of the documents registered under this section. (4) A fee of five dollars shall be payable for registering any document under this section. (5) A fee of one dollar shall be payable for inspecting the documents registered under this section. Cap 1089 s 13 Saving Remarks: Adaptation amendments retroactively made - see 53 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 53 of 2000 s. 3) Cap 1089 SCHEDULE CONSTITUTION OF THE COLLEGE 1. Visitor The president of the Church Missionary Society shall be the Visitor of the College. 2. Council The council shall consist of- (a) the following members ex officio- (i) the President, who shall be chairman; (ii) the Master; (iii) the treasurer; (iv) the Fellows not being honorary fellows; (v) the Vicar of St. Stephen's Church in Pok Fu Lam; (vi) the secretary of the Church Missionary Society, South China Mission, or a person nominated by him;(b) the following appointed members- (i) one man and one woman being former residents of the College, appointed by the associations of alumnae and alumni; (ii) four principals of Anglican secondary schools in the Diocese of Victoria, Hong Kong, appointed by the Bishop of Victoria, Hong Kong, for a period of two years at a time;(c) two other members as may be elected by the council. 3. Officers (1) There shall be the following officers of the College, namely, the President, the Master, the treasurer and such other officers as may be designated by the rules. (2) The President shall be the principal officer. (3) The Bishop of Victoria, Hong Kong, shall be the President. (4) The Master shall be the chief administrative officer. (5) The Master, the treasurer, and the other officers designated as such by the rules, shall be appointed by the council in accordance with the rules and the council may revoke any such appointment. (6) The Master shall be appointed only after consultation with the Senate of the University.