### Church of England Trust Ordinance 《英語聖公會信託條例》

1. Short title
This Ordinance may be cited as the Church of England Trust Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Bishop (主教) means the Bishop of Victoria, Hong Kong;
chapel of ease (小教堂) means a chapel under a mother church consecrated for the performance of public worship according to the liturgy of the Church of England, and so recognized by the Bishop, the officiating minister whereof has not a separate cure of souls;
church body (管業委員會) means the trustees of Saint John’s Cathedral Church in Hong Kong as heretofore constituted;
Church of England (英語聖公會) means the English speaking churches of the diocese in which are performed such rites and ceremonies as are customary in the Provinces of Canterbury and York and are authorized by the Bishop:
Provided that nothing in this definition shall prevent the performance in such churches of such other services as may be authorized by the Bishop; (Added 61 of 1970 s. 2)
commissary (主教代理人) means a person nominated by the Bishop to act for him or in his stead in accordance with the terms of a written authority signed by the Bishop, or in the event of the incapacity of the Bishop or of the voidance of the see, the Dean or such other person nominated by the Chairman of the House of Bishops; (Amended 61 of 1970 s. 2)
Dean (座堂主任牧師) means the clergyman in charge of Saint John’s Cathedral and holding the Bishop’s licence to such office;
Diocesan Conference (英語牧區聯議會) means the assembly of clergy and laity of the Church of England, constituted according to such rules as have been approved by the Bishop for the time being; (Amended 61 of 1970 s. 2)
diocese (教區) means the area over which the Bishop has ecclesiastical authority; (Amended 61 of 1970 s. 2)
House of Bishops (主教院) means the House of Bishops established in accordance with the constitution of the Council of the Church in South East Asia; (Added 61 of 1970 s. 2)
incumbent (駐堂聖品人) means a clergyman with a cure of souls in charge of a church and holding the Bishop’s licence thereto;
trustees (受託人) means the trustees appointed by or under the provisions of section 3.

### Church of England Trust Ordinance 《英語聖公會信託條例》

4. Notification of change in trustees
(1) All changes in the constitution of the trustees shall be notified to the Chief Secretary for Administration and published by him in the Gazette. (Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997)
(2) No such change shall be deemed to have been made unless it has been so published in the Gazette. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)
(3) The production of a copy of the Gazette containing any such notification shall be prima facie evidence as to the constitution of the trustees.
(4) The trustees shall when required by the Chief Executive furnish to him satisfactory proof of the succession, election or appointment of any new member thereof. (Amended 4 of 2000 s. 3)

### Church of England Trust Ordinance 《英語聖公會信託條例》

5. Incorporation and general powers of the trustees
(1) The trustees shall be a body corporate under the name of “The Trustees of the Church of England in the Diocese of Victoria, Hong Kong”, and by that name shall have perpetual succession and shall and may sue and be sued in all courts and shall and may have and use a common seal and may break, change, alter and make anew the said seal.
(2) The trustees shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands, buildings, messuages or tenements of what nature and kind soever and wheresoever situate, and also 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 or company, and also to purchase, acquire and possess goods and chattels of what nature or kind soever, for the purpose of endowing, supporting, maintaining, carrying on or otherwise promoting the work of the Church of England in Hong Kong or elsewhere in the diocese whether such work be of a religious, educational or social nature or otherwise. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)
(3) Subject to the provisions of section 6, the trustees shall further have power by deed or writing under their common seal to grant, sell, convey, assign, surrender, yield up, mortgage, demise, reconvey, reassign, transfer or otherwise dispose of or deal with any lands, buildings, messuages, tenements, goods and chattels or other property which are for the time being vested in or belonging to the trustees, upon such terms as to the trustees may seem fit:
Provided that nothing in this section shall be construed so as to authorize any breach of trust on the part of the trustees.
(4) All deeds and other documents requiring the common seal of the trustees shall be sealed with such seal and shall be signed by two trustees. (Replaced 61 of 1970 s. 4)

### Church of England Trust Ordinance 《英語聖公會信託條例》

7. Delegation of powers to church councils
(1) The trustees shall delegate the care and maintenance of any land, building, furniture, fittings, chattels, effects, records and memorials and the expenditure of income appertaining to Saint John’s Cathedral Church and Saint Andrew’s Church, Kowloon, respectively, and provision for the administration of the services to be performed therein, to the respective church councils of such churches to be appointed in manner hereinafter provided.
(2) The trustees may make similar delegation of their powers in the case of any other church to which this Ordinance for the time being applies. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)
(3) Every such delegation shall be by an instrument in writing signed by the Bishop or his commissary and two of the trustees which shall be in the form provided in the Schedule and shall specify the property committed to the care of each church council and what powers and duties the church council shall have in the matter of making alteration or addition thereto: But no alterations by way of addition or diminution to the fabric or utensils or ornaments of such churches shall be made without the previous written consent of the Bishop. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)
(4) The trustees shall have power by an instrument signed as aforesaid to revoke or amend any letter of delegation.

### Church of England Trust Ordinance 《英語聖公會信託條例》

9. Regulations for trustees and church councils
(1) The trustees may by regulation provide for all or any of the following matters—
(a) the mode of filling up casual vacancies among their number;
(b) the holding of meetings of the trustees and the conduct of business thereat;
(c) the election and tenure of office of an auditor and the appointment and tenure of office of a treasurer and secretary and the mode of filling up casual vacancies among such officers;
(d) the regulation of the church councils constituted by section 10, and the constitution and regulation of church councils for any church to which this Ordinance for the time being applies; (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)
(e) the keeping of accounts by church councils;
(f) the care, maintenance and administration of chapels of ease;
(g) all other matters relating to the affairs of the trustees.
(2) No amendment of the regulations shall apply in the case of any particular church council until such amendment has been adopted at a meeting of the qualified and duly enrolled electors of the church in question. (Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule) 
(Amended 33 of 1939; G.N. 840 of 1940 Supp. Schedule)