Ngee Ann Kongsi (Incorporation) Ordinance |
(CHAPTER 370) |
(Original Enactment: Ordinance 5 of 1933 )
Note: This private Ordinance is reproduced in the form it appears in the 1955 Revised Edition. |
REVISED EDITION 1985 |
(30th March 1987) |
An ordinance to incorporate the Ngee Ann Kongsi. |
[10th March 1933] |
Whereas in or about the year 1845 the late Seah Eu Chin a Teochew Merchant in Singapore and twelve other Teochew Merchants of Singapore (hereinafter referred to as “the Founders”) of the twelve Sehnhs of clans Lim, Heng, Tan, Quek, Low, Chia, Goh, Teo, Yeo, Ng, Sim and Chua respectively, subscribed, collected and established funds for the promotion, propagation and observance of the doctrines, ceremonies, rites and customs of the religion or religions (other than the Christian Religion) commonly professed or maintained by the Teochew Community in Singapore and for such other charitable purposes for the benefit of the members in Singapore of the Teochew Community who originated from the eight Districts (hereinafter referred to as “the said Eight Districts”) following, viz: The Teo Ann District, Theng Hai District, Teo Yeonh District, Kit Yeonh District, Jeow Pheng District, Phow Leng District, Hui Lye District and Nam Oh District of the Kwangtung Province of China as the Founders in their discretion thought fit to assist or contribute to: |
And Whereas the Founders established a society (hereinafter referred to as “the said Society”) in Singapore called or known as “The Ngee Ann Kongsi” for the purposes hereinbefore mentioned and for the purposes of administering and managing the properties purchased with such funds and the income derived in respect thereof and the said Seah Eu Chin and others of the Founders were the first trustees of the said Society: |
And Whereas the said Society acquired land at Phillip Street in Singapore upon which was erected a temple (hereinafter referred to as “the Teochew Temple”) for the observance of the doctrines, ceremonies, rites and customs of the religions (other than the Christian religion) professed and maintained by the members in Singapore of the Teochew Community of the said Eight Districts: |
And Whereas the said Society purchased or otherwise acquired other lands in Singapore which were and are used as sites of Temples and as burial grounds for the members in Singapore of the Teochew Community of the said Eight Districts and for other purposes of the said Society: |
And Whereas the said Society never adopted any definite rules or by-laws for the purpose of defining its objects, constitution, management and administration, and the management of its affairs and its administration generally were left in the hands and to the discretion of the persons who from time to time acted as Trustees of the said Society: |
And Whereas the Trustees of the said Society were changed from time to time and the persons who immediately before the consideration and conferences hereinafter more particularly referred to were the Trustees of the said Society were the persons following, that is to say, Seah Eng Tong of Bendemeer, Serangoon Road, Singapore, Seah Chin Mui of No. 58, River Valley Road, Singapore, Kwek Liang Choon of Chop Kwek Khai Seng of No. 60, Chulia Street, Singapore, Low Peng Soy of Chop Low Yong Hong of No. 57, Boat Quay, Singapore, Chan Kim Seng of Chop Chan Yong Soon of No. 561, Beach Road, Singapore, Goh Tek Chng of Chop Goh Yong Buan Long of No. 51, Circular Road, Singapore, Teo Keong Meng of Chop Teo Nguan Hwa of No. 49, North Boat Quay, Singapore, Heng Pang Keat of Chop Heng Say Yee Heng of No. 7, North Canal Road, Singapore, Yeo Huang Kok of Chop Yeo Liang Huat of No. 21, Teochew Street, Singapore, Tan Miang Long of Chop Tan Liang Seng of No. 25, Hertford Road, Singapore, Ng Chok Sam of Chop Ng Hock Seng of No. 55, River Valley Road, Singapore, Sim Ka Siew of Chop Sim Kheng Soon Seng of No. 48, Circular Road, Singapore, Chua Ngak Chew of No. 21, Carpenter Street, Singapore, Lim Hak Khiam of No. 1-B, River Valley Road, Singapore: |
And Whereas the property, affairs and management of the said Society were the subject of consideration and conferences between the several persons mentioned in the last preceding recital and other influential members in Singapore of the Teochew Community of the said Eight Districts, viz: — “Lim Nee Soon of Chop Thong Mui, 112 and 144 Robinson Road, Singapore, Yeo Chan Boon of Chop Yong Guan Seng, 60 Circular Road, Singapore, Tan Chew Char of Chop Sam Lye Heng, 10 Carpenter Street, Singapore, Lee Wee Nam of Chop Chye Hua Seng, 17 New Bridge Road, Singapore, Goh Yang Pheng of Chop Siang Hua, 58 Boat Quay, Singapore, Yeo Choo Tian of Chop Long Huat, 35 Circular Road, Singapore, Chew Swee Lin of Chop Nam Heng Hak Kee, 4-5 Fish Street, Singapore, Tan Lip Sek of Chop Tan Guan Lee, 79 Boat Quay, Singapore, Quek Theng Thong of Chop Teo Siang Guan Kee, 65 Circular Road, Singapore, Sim Ai Tng of Chop Kheng Soon Long, 9 Circular Road, Singapore, Lim Woo Ngam of Chop Seng Moh, 166-5 Middle Road, Singapore, Nah Wee Liat of Chop Wee Heng, 253 South Bridge Road, Singapore, Tan Guan Chua of Chop Chua Seng Heng, 20-14, Armenian Street, Singapore, and Low Chia Heng of Chop Low Miang Heng, 25 and 26 Circular Road, Singapore” and as a result of such consideration and conferences in which the aforesaid persons were assisted by the Secretary for Chinese Affairs, it was considered expedient that the said Society should be incorporated, and that its constitution should be governed by definite rules, and that the administration of its property and affairs should be vested in the Society when incorporated as aforesaid so that the Society might be enabled better to carry out its objects: |
And Whereas subsequent to the said consideration and conferences the administration and management of the affairs, property and funds of the Society were on the eighth day of September, 1930, handed over to the following persons, that is to say, to Lim Nee Soon, Low Peng Soy, Lee Wee Nam, Tan Lip Sek, Lim Woo Ngam, Yeo Choo Tian, Kwek Liang Choon, Liau Chia Heng, Yeo Chan Boon, Tan Chew Char, Goh Teck Chng, Tan Miang Long, Sim Ka Siew, Goh Yang Pheng, Kwek Soo Kow, Low Chia Heng, Lim Soo Siam, Chew Swee Lin, Nah Wee Liat, Kwek Teng Thong, Low Peng Soo, Lee Kim Soo, Lim Chong Pang and Seah Eng Tong, who from the time of such handing over have acted as Trustees of the said Society. |
Now it is hereby enacted by the Governor of the Straits Settlements with the advice and consent of the Legislative Council thereof as follows: — |
Short title |
1. This Ordinance may be cited as the Ngee Ann Kongsi (Incorporation) Ordinance. |
Incorporation |
2. The persons whose names are from time to time inscribed in the Register of Members hereinafter mentioned shall be a body corporate (hereinafter called “the Corporation”) and shall have perpetual succession under the name of “The Ngee Ann Kongsi”. |
Membership |
Rights on incorporation |
4.—(1) The Corporation shall have and may use a corporate seal which may from time to time be broken, changed, altered and made anew as to the Corporation shall seem fit.
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Office |
5. The Corporation shall have an office at the Teochew Temple in Phillip Street, Singapore, or at such other place as may from time to time be decided. |
Objects and purposes |
6. The objects and general purposes of the Corporation shall be —
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Management |
7.—(1) The affairs of the Corporation shall be managed by a Committee of Management consisting of not less than seventeen members nor more than twenty-five members of the Corporation.
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First Committee of Management |
8. The first members of the Committee of Management shall be the following, viz: —
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Officers |
9.—(1) The Committee of Management shall in such manner as they think fit elect from their number a President, two Vice-Presidents, an Honorary Secretary and an Honorary Treasurer and in addition shall appoint an Assistant to the Honorary Secretary and an Auditor or Auditors, and such persons are hereinafter referred to as “the officers” of the Corporation.
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Proceedings of Committee of Management |
10.—(1) The Committee of Management shall meet together at least once in every three months to discuss the management and affairs of the Corporation and seven members shall form a quorum.
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Accounts, etc. |
11.—(1) The Honorary Treasurer shall cause proper books of account to be kept and therein to be entered full particulars of all assets and liabilities and of all receipts and disbursements on account of the Corporation and of all other matters and things relative thereto and necessary to explain such entries.
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Annual Meeting |
12.—(1) The Corporation shall once every year on or before the last day of the Second Lunar Month according to the old Chinese calendar hold an Annual Meeting of members.
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Extraordinary General Meetings |
13.—(1) Upon receipt of a requisition by at least five members of the Committee of Management or by at least ten members of the Corporation the Committee of Management shall proceed to convene an Extraordinary General Meeting of the Corporation.
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General Meetings and notice thereof |
14.—(1) The Annual General Meeting and all Extraordinary General Meetings are hereinafter referred to as General Meetings.
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Place of Meeting |
15. Every General Meeting of the Corporation shall be held at the office of the Corporation or at such other place as may be specified by the Committee of Management or if called under the provisions of section 13 by the requisitionists in the notice calling such meeting. |
Proceedings at General Meetings |
16.—(1) Twenty members of the Corporation shall form a quorum at all General Meetings.
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Where records, etc., to be kept |
17.—(1) The Register of Members, the minutes of proceedings at all General Meetings of the Corporation and at all meetings of the members of the Committee of Management, and the books of account of the Corporation, shall be kept at the office of the Corporation and shall at all reasonable times be open to inspection by any member of the Corporation, provided that the written permission of the President or a Vice-President be obtained prior to such inspection.
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The seal |
18.—(1) The seal of the Corporation shall be kept at the office of the Corporation and shall not be used except by the authority of a resolution of the Committee of Management, and all deeds and other documents requiring to be sealed shall be sealed with such seal in the presence of and shall be signed by the President of the Corporation or one of the Vice-Presidents and by the Honorary Secretary and one other member of the Committee of Management.
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Vesting of property |
19.—(1) The several persons mentioned in the third column of the Second Schedule or the survivors or survivor of them or the personal representative or representatives of the last survivor of them, being the persons or person in whom are vested the respective estates and interests mentioned in the second column of the said Schedule in the lands, hereditaments and premises specified in the first column of the said Schedule, are hereby divested of such estates and interests, and such estates and interests are hereby vested in the Corporation as trustee for the members in Singapore of the Teochew Community of the said Eight Districts subject nevertheless to all conditions of tenure incident thereto and to any trusts affecting the same but with full power subject as aforesaid for the Corporation as such trustee to deal with the property so vested in accordance with the provisions of this Ordinance.
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Restriction of powers |
20.—(1) The Corporation shall not sell, exchange, mortgage, lease (otherwise than upon a tenancy not exceeding three years) or otherwise alienate or encumber any immovable property belonging to the Corporation without the leave of the High Court, and the Corporation shall not purchase any immovable property out of the funds of the Corporation without such leave, and no application to the High Court for such leave shall be made without a resolution being first passed at a General Meeting of members held for such purpose.
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Contribution to Ngee Ann Polytechnic |
20A. The Committee of Management shall set apart seventy-five per cent of all moneys received by the Corporation by way of income from any source and of all moneys arising from the sale or disposition or from the acquisition of any property belonging to the Corporation and shall contribute the same to the Ngee Ann Polytechnic constituted under the Ngee Ann Polytechnic Act. [1970 Ed. Cap. 179.] [20/72] [4/82] |
Rules |
21. The Committee of Management may make rules not inconsistent with the provisions of this Ordinance —
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Saving of Crown and other rights |
22. Nothing in this Ordinance shall affect the rights of Her Majesty or of any bodies politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, through, from or under them. |