The purpose of this Ordinance is to incorporate the Hong Kong Red Cross, promote and protect its activities, and provide for incidental and related matters.
(Replaced by Article 2 of 65438+55 of 0995)
[1976165438+1October 26th]
(73 of original 1976)
The article 1 is abbreviated as version date 30/06/ 1997.
This Ordinance may be cited as the Hong Kong Red Cross Ordinance.
(Amended 65438+55 of 0995 s. 3)
Article 2 Interpretation Version Date 0 1/07/ 1997
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
In this Ordinance, unless the context otherwise requires-
"Geneva Convention" refers to the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces on Land * (1August 949 12) and the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked in Armed Forces at Sea+(1August 949 12) and
"Geneva Convention emblem" refers to the emblem of the Red Cross on a white background. According to the provisions of the Geneva Convention, the emblem is formed by reversing the color of the Swiss national flag; (Added 65438+55 of 0995 s. 4)
"HongKongRedCross" (ééé) means the Red Cross Society of the People's Republic of China (PRC) Special Administrative Region; (Replaced by article 4 of 1995. Amended 37 of 2000 s. 3)
Constitution (éé) means the rules adopted and revised by the board of directors from time to time; (Added 65438+55 of 0995 s. 4)
"Council" (èè) means the board of directors of the Hong Kong Red Cross as defined in Article 8. (Added 65438+55 of 0995 s. 4)
(amended 37 of 2000 s 3)
note:
* The Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces on Land is a translation of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Battlefield.
The Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea is a translation of the Geneva Convention.
The Geneva Convention relative to the Treatment of Prisoners of War is a translation of the Geneva Convention relative to the Treatment of Prisoners of War.
Article 2A Basic Principles Version Date 0 1/07/ 1997
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
The Hong Kong Red Cross must act in accordance with the basic principles and rules of the International Red Cross and Red Crescent Movement and the Constitution of the International Federation of Red Cross and Red Crescent Societies.
(added 0995 65438+55 s 5. Amended 37 of 2000 s. 3)
note:
+Basic Principles and Regulations of the International Red Cross and Red Crescent Movement "is a translation of the basic principles of the International Red Cross and Red Crescent Movement.
The contact version date of article 2B with China Red Cross Society is 0 1/07/ 1997.
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
The Hong Kong Red Cross is a branch of the China Red Cross and enjoys a high degree of autonomy. The relationship between the Hong Kong Red Cross and the China Red Cross is defined by the China Red Cross Announcement listed in Schedule 2.
(Replaced 37 of 2000 s. 3)
Date of revision of Item 2C, Objectives, Powers and Responsibilities: 30/06/ 1997
The aims, objectives, powers and responsibilities of the Hong Kong Red Cross are defined by the constitution, which shall comply with the provisions of Article 2A.
(Added 65438+55 of 0995 s. 5)
Article 3 Date of issuing badges and product versions without authorization: 30/06/ 1997.
No person shall distribute, sell or expose for sale unless authorized by the Hong Kong Red Cross-
(a) any badge, mark or emblem specially adopted by the Hong Kong Red Cross for the use of its members;
(b) any badge, mark or sign including the words "RedCross" or "Red Cross", whether or not there are other words or expressions. or
(c) Any product that includes the emblem of the Geneva Conventions, whether or not there are other words, characters or designs, or any product that includes the word "Red Cross" or equivalent Chinese characters, whether or not there are other words or characters, or any product that is contained or packaged in materials that include the above-mentioned symbols, characters or equivalent Chinese characters. (Added 65438+55 of 0995 s. 6)
(Amended 65438+55 of 0995 s. 6)
Article 4 unauthorized possession of badges and product version date 30/06/ 1997
No person shall have in his possession-
(a) any badge, mark or emblem specially adopted by the Hong Kong Red Cross for the use of its members;
(b) any badge, mark or sign including the words "RedCross" or "Red Cross", whether or not there are other words or expressions. or
(c) Any product bearing the Geneva Convention logo, whether or not there are other words, characters or designs, or any product bearing the word "RedCross" or its Chinese equivalent, whether or not there are other words or characters. (Added 65438+55 of 0995 s. 7)
(Amended 65438+55 of 0995 s. 7)
Article 5 Unauthorized possession of equipment similar to badges Version Date 30/06/ 1997
No person shall have in his possession-
(a) any design similar to any badge, mark or emblem specially adopted by the Hong Kong Red Cross for the use of its members, so as to lead others to believe that the design is the badge, mark or emblem; or
(b) any badge, mark or sign whose words or expressions are similar to those commonly used to describe members of the Hong Kong Red Cross, so as to intentionally deceive or mislead others.
(Amended 65438+55 of 0995 s. 8)
Chapter VI Unauthorized Group Version Date 30/06/ 1997
(1) No one may form, work in or become a member of the following organizations-
(a) any organization that claims or purports to be the Hong Kong Red Cross without the authorization of the Hong Kong Red Cross;
(b) any organization not authorized by the Hong Kong RedCross, which uses the English name of the Hong Kong Red Cross or its Chinese equivalent, or uses any name including the word "red cross" or "red cross", or uses any name in a language very similar to any of the above names (whether there are other words or phrases) in order to deliberately deceive or mislead others; Or (c) any organization that uses any of the above names or other methods without proper authorization to appear or claim to be associated with the Hong Kong Red Cross. (Amended 65438+55 of 0995 s. 9)
(2) No one shall wear or use any uniform or equipment of the Hong Kong Red Cross without the authorization of the Hong Kong Red Cross. (ReplacedNo. 65438+55 of 0995 s. 9)
Article 7 Crime and Punishment Version Date:1June 30, 997
Any person who contravenes section 3, 4, 5 or 6 commits an offence and is liable on conviction to a fine at level 2.
(amended by article 5 5 of 1995 and article 10)
Article 8 Date of establishment:1June 30, 1997
(1) The Hong Kong Red Cross is a corporate body and will continue in that name forever. It can be sued and sued in all courts, and it must have and use a common seal.
(2) The Hong Kong Red Cross shall have a governing body called the "Board of Directors of the Hong Kong Red Cross", which shall be responsible for exercising any powers and performing all responsibilities conferred on the Hong Kong Red Cross by this Ordinance and the articles of association.
(3) Subject to the articles of association, the board of directors may, by resolution, delegate any functions and powers specified by it to any person or any committee.
(4) The board of directors shall consist of the president, chairman, directors, honorary treasurer and other members as defined in the articles of association of the Hong Kong Red Cross.
(replaced by199555s.11
Article 9 Property ownership version date 0 1/07/ 1997.
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
(1) All the following properties belonging to or belonging to the former British Red Cross (Hong Kong Branch), that is, one or more plots of land specified in Schedule 1, together with all vertical structures and buildings thereon, as well as all incidental rights, easements and subordinate rights, must be transferred from the British Red Cross (Hong Kong Branch) (Amendment) Ordinance (195 The absolute ownership of the Hong Kong Red Cross depends on the remaining period of the corresponding term stipulated in the official lease or land grant conditions of the property concerned, provided that the rent has been paid and the covenants and conditions reserved and contained in the above official lease and land grant conditions have been implemented. (amended 37 of 2000 s 3)
(2) All debentures, shares, fund shares, securities, ships, goods, chattels and other movables belonging to or held for or on behalf of the former British Red Cross (Hong Kong Branch), as well as all funds pledged for the former British Red Cross (Hong Kong Branch), as well as all investments in such funds and all interest generated by such investments. Since the effective date * of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995( 1995 No.55), it must be transferred, attributed, owned or held by the Hong Kong Red Cross or its representatives or held in trust.
(3) From the effective date * of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance (1995 No.55), all the rights, titles, interests and benefits of any assets, contracts, undertakings and property belonging to the former British Red Cross (Hong Kong Branch) shall be absolutely transferred and transferred to the Hong Kong Red Cross.
(4) Since the effective date * of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance (1995 No.55), all contractual rights and other rights that can be exercised or enforced by the former British Red Cross (Hong Kong Branch) must be exercised or enforced by the Hong Kong Red Cross instead of the former British Red Cross (Hong Kong Branch).
(5) Since the entry into force of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995( 1995 No.55) *, the Hong Kong Red Cross has assumed legal responsibility for all debts and legal liabilities of the former British Red Cross (Hong Kong Branch) and fulfilled all contractual obligations of the former British Red Cross (Hong Kong Branch).
(replaced by 1995 No.55 s. 12) The British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995 is the translation of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995.
*/document kloc-0/99555 came into effect on July 7 1995.
Article 10 Hong Kong Red Cross Rights Version Date 30/06/ 1997
(1) The Hong Kong Red Cross has the right to acquire, purchase, acquire, hold and enjoy land, buildings, houses or tenements of any nature or kind located anywhere, and accept the lease of such land, buildings, houses or tenements. It also has the right to invest the money in the mortgage of any land, building, house or tenement, or in the mortgage or debenture of any government, municipal government, corporation or company.
(2) The Hong Kong Red Cross also has the right to grant, sell, convey, transfer, return, exchange, partition, hand over or mortgage any property, shares, funds, stocks or securities, goods or chattels that belong to or belong to the Hong Kong Red Cross for the time being on such terms as it thinks fit and by deed under its seal.
(3) The Hong Kong Red Cross shall also have the right-
(a) to construct, rebuild, demolish, alter, alter, renovate, maintain and repair any buildings, houses or tenements in which the Hong Kong Red Cross has acquired or acquired any interests, and make any improvement to them, and to apply to any tribunal, court or competent authority for any necessary orders, licenses, permits and exemptions;
(b) improve, develop and utilize any land belonging to the Hong Kong Red Cross, or any land in which the Hong Kong Red Cross has acquired or can acquire sufficient legal or equitable interests, by rebuilding, altering and demolishing buildings, and by building new buildings of any kind, either alone or in the form of cooperative development plans with other owners or lessees, and such owners or lessees refer to any land belonging to the Hong Kong Red Cross or any land in which the Hong Kong Red Cross has any such interests. and
(c) to do all things that are directly or indirectly incidental to or conducive to achieving the aims and objectives of the Hong Kong Red Cross and gaining power. (added 1995 55 s. 13)
(amended by article 5 5 of 1995 and article 13)
The signed version date of 1 1 file is 30/06/ 1997.
(1) The Hong Kong Red Cross may enter into and execute any document when performing its duties or exercising its powers, or in connection with any matter reasonably incidental to or arising from the performance of its duties or exercising its powers.
(2) All deeds and other documents requiring the seal of the Hong Kong Red Cross shall be authorized or ratified by a resolution of the board of directors, and shall be signed by any two of the following persons: the president, chairman, directors, honorary treasurer and secretary-general of the Hong Kong Red Cross for the time being.
(replaced by 1995 55 14)
12 internal management version date 0 1/07/ 1997
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
All internal management matters of the Hong Kong Red Cross shall be resolved and implemented in accordance with this Ordinance and the articles of association of the Hong Kong Red Cross for the time being.
(replace 1995 55 s 15. Amended 37 of 2000 s. 3)
Article 12A Evidence: Version date of books and documents is 0 1/06/ 1999.
(1) Before the effective date of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance1995 * (1995 No.55), all books and other documents that are evidence for or against the former British Red Cross (Hong Kong Branch) in any matter must be submitted. (2) In this section, "document" has the same meaning as in section 46 of the Evidence Ordinance (Cap 8). (Amended 65438+2 of 0999 s. 6)
(added 1995 55 s. 16)
note:
* The British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995 is a translation of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995.
Article 12B Ownership and Transfer Date of Evidence Version 30/06/ 1997
(1) For all purposes, the production of the government printer's copy of this Ordinance is conclusive evidence that any property and liabilities of the former British Red Cross (Hong Kong Branch) are transferred to the Hong Kong Red Cross in accordance with the provisions of this Ordinance.
(2) Without prejudice to the generality of subsection (1)-
(a) where any deed or other document is entered into or executed on or after the commencement of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995( 1995 No.55), and the Hong Kong Red Cross or the former British Red Cross (Hong Kong Branch), whether alone or jointly with any other person, The conveyance or transfer of any property held by the former British Red Cross (Hong Kong Branch) alone or jointly with any other person immediately before the commencement date of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995 *( 1995 No.55), or the application for registration as the former British Red Cross (Hong Kong Branch).
(b) where the former British Red Cross (Hong Kong Branch) or the Hong Kong Red Cross entered into or appeared to enter into any other transaction on or after the commencement of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance1995 (No.551995), and the transaction concerned or related to the former British Red Cross (Hong Kong) immediately before the commencement date. In this transaction, the Hong Kong Red Cross shall be deemed to have full power and authority for the benefit of any other party to the transaction or any person claiming through the transaction, as if the property or liability had been deemed to be vested in the Hong Kong Red Cross under this Ordinance.
(c) The Hong Kong Red Cross or any other person issues a certificate on its behalf at any time, stating that any property or liability specified in the certificate was the property or law of the former British Red Cross (Hong Kong Branch) immediately before the commencement date of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance (1995 No.55).
(d) In this section, "conveyancing" (é é é) includes mortgage, charge, lease, license, vesting by vesting declaration or vesting instrument, disclaimer, cancellation or other conveyancing.
(3) As long as the property of the former British Red Cross (Hong Kong Branch) belongs to the Hong Kong Red Cross, the Hong Kong Red Cross shall register or arrange for the registration of the government printer's copy of this Ordinance in the Land Registry.
(added 1995 55 s. 16)
note:
* The British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995 is a translation of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995.
No. 12C Land Equity Version Date: July 9, 2004
Vesting any land interest in the Hong Kong Red Cross by virtue of this Ordinance-
(a) for the purposes of section 53 (4) (a 4) (a) or (7) (a) of the Landlord and Tenant (Consolidation) Ordinance (Cap. 125). 7), does not constitute the acquisition, transfer, transfer or abandonment of possession of the rights and interests; Or (amended byNo. 16 of 2004)
(b) Not to incorporate any leasehold interest into the prospective reversion right. or
(c) Any clause contained in any instrument related to or affecting rights and interests does not constitute the transfer, transfer, transfer, waiver, disposal or other disposal of rights and interests; Or (d) does not constitute a breach of a contract or condition prohibiting assignment; or
(e) It will not result in the loss of any rights, damages or other litigation rights; or
(f) It will not invalidate or cancel any contract or guarantee.
(added 1995 55 s. 16)
Article 12D Company Booking Version Date 30/06/ 1997
This Ordinance shall not prejudice the power of the Hong Kong Red Cross to change its constitution, dispose of or deal with its property or legal liabilities, or continue or suspend the performance of any part of its functions; This Ordinance does not prejudice the power of the former British Red Cross (Hong Kong Branch) to dispose of or deal with its property or legal liabilities before the entry into force of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance1995 (1995 No.55).
(added 1995 55 s. 16)
note:
* The British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995 is a translation of the British Red Cross (Hong Kong Branch) (Amendment) Ordinance 1995.
13 Reserved Provisions Version Date 0 1/07/ 1997
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
Nothing in this Ordinance shall affect or be deemed to affect the rights enjoyed by the Central Government or the Government of the Hong Kong Special Administrative Region in accordance with the provisions of the Basic Law and other laws, or the rights of any political body or corporate body or any other person, except those mentioned in this Ordinance and those claiming by, through or through them.
(amended 37 of 2000 s 3)
Schedule 1 Property belonging to Hong Kong Red Cross Version Date 0 1/07/ 1997
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
[Article 9]
(amended 37 of 2000 s 3)
Property belonging to the Hong Kong Red Cross.
(replaced by 1995 55 17)
One or more of the following plots of land are called and registered in the Land Registry as-(Amended by 1993 s. 2)
No.7966 (White Lady Red Cross Headquarters Building; Official contract dated197111October 2 1
4. Inland Section No.8 10 1 (located at Kennedy Center in Dakou Ring; Formal deed dated 197 1 July 2, 2008)
13. inland section No.8265 (Dai Lin princess red cross school; Land grant conditions No.9863, date 197 1 mar/2008 10)
2. Kwun Tong Inland Lot No.255 (Princess Alexandra Red Cross School, Kwun Tong; Land grant conditions No.7058 dated1March 9, 962)
Schedule 2 China Red Cross Announcement Version Date 0 1/07/ 1997
note:
Retroactively adapted amendments-See 37 of 2000 s. 3.
[Article 2B]
The China Red Cross Society held the fourth meeting of the sixth Council from 1 April 1997 to April 4. The meeting reviewed the application of the Hong Kong Red Cross to join the China Red Cross since 1 July, 19971.
Considering that from 1 July 19971,the governments of People's Republic of China (PRC) and China will resume the exercise of sovereignty over Hong Kong and establish the Hong Kong Special Administrative Region; Considering also that the British Red Cross has agreed that the Hong Kong Red Cross will formally break away from its affiliation at 24: 00 on June 30, 1997; We have made a resolution on this application: from 1 July 19971day, the Hong Kong Red Cross will be accepted as the local branch of the China Red Cross, enjoying a high degree of autonomy. The Basic Law of the People's Republic of China (PRC) Special Administrative Region, the Constitution of the International Red Cross and Red Crescent Movement and the Constitution of the International Federation of Red Cross and Red Crescent Societies are the basis for handling bilateral relations and affairs. From 1 July, 19971day, the full name of the Hong Kong Red Cross is "Red Cross Society of China Special Administrative Region", referred to as "Hong Kong Red Cross (China Red Cross Branch)". The Hong Kong Red Cross will use the emblem of the China Red Cross. All international organizations and conferences attended by the National Red Cross Society are attended by the Federation on behalf of the China Red Cross Society. When necessary, the delegation of the China Red Cross may include appropriate personnel from the Hong Kong Red Cross.
As a local branch of the China Red Cross, which enjoys a high degree of autonomy, the Hong Kong Red Cross will formulate or amend its articles of association on its own according to the Basic Law of the Hong Kong Special Administrative Region of People's Republic of China (PRC) and the laws of the Hong Kong Special Administrative Region Government, and be responsible for handling all internal affairs of the association, including internal institutions, administrative decisions, modes of operation, personnel appointment, asset management, service contents and methods, etc. The Law of the People's Republic of China on the Red Cross and the Constitution of the China Red Cross are not applicable to the Hong Kong Red Cross. The Hong Kong Red Cross (China Red Cross Branch) can maintain and develop appropriate business contacts and contacts with international and international Red Cross organizations in various countries and regions. In case of mutual cooperation or important contacts, it shall notify the Federation.
It is hereby announced
Red Cross Society of China
April 15, 1997
(Schedule 2 added 37 of 2000 s. 3)