### Caritas—Hong Kong Incorporation Ordinance 《香港明愛法團條例》

5. Vesting of property, etc.
(1) On the commencement* of this Ordinance all those pieces or parcels of ground specified in the second column of the First Schedule, together with all rights, easements and appurtenances thereto belonging, shall vest in the corporation for the unexpired residues of the respective terms of years created by the Crown Leases or Conditions of Grant specified in the third column of the First Schedule opposite each such piece or parcel, subject to the payment of the rent and the 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.
(2) On the commencement of this Ordinance—
(a) all goods, chattels, equipment, vehicles, vessels and other movable assets,
(b) all moneys, bank balances and fixed deposits, and utility and other deposits,
(c) all investments and securities of whatsoever nature,
which immediately prior to the commencement of this Ordinance, though belonging to the Roman Catholic Church of Hong Kong were appropriated by the Bishop thereof for, and held or used or under the control of the Council of the unincorporated Caritas—Hong Kong for, or which immediately prior to the commencement of this Ordinance were held by the said Bishop in trust for, the objects of the unincorporated Caritas—Hong Kong shall be transferred to and vested in or held in trust for the corporation.
(3) All contractual and other rights exercisable or enforceable by or on behalf of the unincorporated Caritas—Hong Kong prior to the commencement of this Ordinance shall on the commencement thereof be exercisable and enforceable by the corporation.
(4) On the commencement of this Ordinance the corporation shall become liable for all debts and liabilities and for the performance of all contractual and other obligations of the unincorporated Caritas—Hong Kong incurred prior to the commencement of this Ordinance. (Amended E.R. 6 of 2022)
(5) The appointment of any employee of the unincorporated Caritas—Hong Kong subsisting immediately before the commencement of this Ordinance shall be deemed to have been made by the corporation, and for all purposes the service of such employee shall be regarded as continuous from the date on which he was appointed by the unincorporated Caritas—Hong Kong.

Editorial Note:
* Commencement date: 13 November 1981.

6. Constitution
(1) The existing constitution of the unincorporated Caritas—Hong Kong shall be the constitution of the corporation.
(2) The constitution of the corporation may be amended at any time and from time to time in accordance with its provisions for the time being in force.

### Caritas—Hong Kong Incorporation Ordinance 《香港明愛法團條例》

7. Registration with Registrar of Companies
(1) The corporation shall forward to the Registrar of Companies for registration the following—
(a) a copy of its constitution and any amendment thereto certified as correct by the President;
(b) notice of the address of its principal office and any change thereof; and
(c) a list of the names, occupations and addresses of the members of the corporation and any change therein, certified as correct by the President.
(2) Every document required to be registered in accordance with subsection (1) shall be forwarded within 28 days of the commencement* of this Ordinance, or within 28 days of any amendment or change, as the case may be.
(3) The corporation shall pay such fee for registering any document under this section as shall be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) for the registration of a document of a company not having a share capital. (Amended 28 of 2012 ss. 912 & 920)
(4) Any person may inspect any of the documents registered under subsection (1) on payment of such fee as shall be payable under the regulations made under section 26 of the Companies Ordinance (Cap. 622) for inspecting a document. (Amended 28 of 2012 ss. 912 & 920)
(5) The registration of the list mentioned in paragraph (c) of subsection (1) and of any change therein shall be conclusive evidence of the facts contained in such list and change.

Editorial Note:
* Commencement date: 13 November 1981.

8. Execution of documents
(1) All deeds, documents and other instruments requiring the seal of the corporation shall be sealed in the presence of two members of the corporation and signed by those members.
(2) Any deed, document or instrument purporting to be a deed, document or instrument duly executed under the seal of the corporation shall be received in evidence and shall, unless the contrary is proved, be deemed to be duly so executed.

9. Prohibition of use and possession of emblem etc.
No person shall, without the authority of the corporation or other lawful excuse, use or have in his possession—
(a) the emblem of the corporation, which emblem is portrayed in the Second Schedule, or any copy or replica of such emblem;
(b) any title, emblem or device containing the words “Caritas—Hong Kong” or the equivalent Chinese words “香港明愛”; or
(c) any title, emblem or device which so closely resembles the title or emblem or any device of the corporation as to be capable of being mistaken for such title, emblem or device.

### Caritas—Hong Kong Incorporation Ordinance 《香港明愛法團條例》

10. Offences
Any person who contravenes section 9 shall be guilty of an offence and shall be liable on conviction to a fine at level 1.
(Amended E.R. 6 of 2022)

11. Savings
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 4 of 2000 s. 3)