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Chapter: | 1074
 | Title: | HOSEINEE SOCIETY OF HONG KONG INCORPORATION ORDINANCE | Gazette Number: | |
| Schedule: | Heading: | SCHEDULE | Version Date: | 30/06/1997 |
[section 2]
CONSTITUTION
ARTICLE I
ARTICLE I
Objects of corporation
The objects of the corporation are-
- (a) to perpetuate the commemoration of the martyrdom of Imam Hosein, a grandson of the Holy Prophet Mahomed, by the holding of meetings and giving of dinners during Moharram Safar and at other customary times;
(b) to perpetuate also the memory of the other members of Panjatan in such manner as the committee shall from time to time determine;
(c) to maintain and assist in such manner as the committee may from time to time determine whether by grants of money or otherwise, needy or indigent Shiahs in Hong Kong;
(d) to benefit Shiah organization; (Added L.N. 22 of 1964)
(e) to make donations from the surplus funds of the corporation to such an amount as the committee may from time to time determine for charitable and deserving purposes in Hong Kong. (Replaced L.N. 22 of 1964)
ARTICLE II
Charities and donations
The committee shall be deemed to have at its disposal as spendable income in any year a sum equal to half the actual net income of the preceding year of account for the purposes set forth in paragraphs (c), (d) and (e) of Article I:
Provided however that the committee may in its discretion exceed this limit of expenditure by not more than HK$10000.00 in any particular year for the purposes set forth in paragraphs (c) and (d) only, and provided further that the said limit of expenditure may be further increased from time to time for the purposes set forth in paragraphs (c) and (d) with the sanction of a resolution of the members of the Society at a meeting of members of the Society convened upon notice in writing of the intention to submit such a resolution of not less than 7 clear days.
(Replaced L.N. 22 of 1964)
ARTICLE III
Powers and duties of committee
The committee shall have such powers and duties and shall hold such meetings as are specified in the Ordinance, in this constitution, and in the rules.
ARTICLE IV
Composition of committee
(1) The committee shall be composed of 7 persons, of whom one shall be nominated by each of the following 4 Shiah companies carrying on business in Hong Kong-
- Abdoolally Ebrahim & Co. (Hong Kong) Ltd.;
H.T. Barma Ltd.;
Kayamally Ltd.;
Tyeb & Co., Ltd.,
(2) The 3 persons co-opted shall hold office till the next annual general meeting of the Society.
(3) No person shall be eligible as a member of the committee unless he is at the time of his nomination or appointment a member of the Shiah faith.
(4) Wherever any vacancy on the committee occurs from time to time by reason of a member of the committee dying, resigning or becoming incapable or unwilling to act or being absent from Hong Kong for longer than 6 months then-
- (a) if such member is a nominee of a company referred to in paragraph (1), the committee may require the company to nominate another person and if such person is not nominated within one month the committee shall be entitled to invoke the powers contained in paragraphs (6) and (7);
(b) if such member is co-opted under paragraph (1) the persons nominated by the said Shiah companies shall have the power to co-opt another person as may be necessary to bring the number of members of the committee to 7.
Provided that should the members of the committee be reduced in number to less than 4 those members shall exercise none of the powers conferred by the Ordinance save those relating to the appointment of members of the committee contained in paragraph (4) of this Article.
(6) In the event of any of the companies mentioned in paragraph (1) ceasing to carry on business in Hong Kong the remaining nominated members of the committee shall be entitled by resolution passed by the majority thereof to elect another Shiah company or firm with power to nominate a member of the committee as provided in paragraph (1).
(7) In the event of there being no other Shiah company or firm suitable for election as provided in paragraph (6) the remaining nominated members of the committee shall be entitled to co-opt any individual Shiah to be a member of the committee in place of the
nominee of such company or firm, and such co-opted member of the committee shall hold office till the next annual general meeting.
(Replaced L.N.141 of 1986)
ARTICLE V
Evidence of appointment of members of committee
(1) Whenever a person is nominated or appointed as a member of the committee under Article IV, a copy of a minute signed on behalf of the company or firm making the nomination or a copy of a minute signed by a committee to the effect that a person has been nominated or appointed as the case may be, shall be sufficient for the purposes of registration of the appointment. (Replaced L.N. 146 of 1969)
(2) The certificate of the Registrar of Companies that any person was at the date of the certificate or had been at some previous specified date a member of the committee shall for all purposes be conclusive evidence of that fact.
ARTICLE VI
Appointments to be honorary
No member of the committee or officer of the corporation (other than the auditor, secretary and treasurer) shall be entitled to or be paid any remuneration whatever for his services.
(Amended by resolution of 12 November 1973)