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The Home Affairs Bureau today (March 13) launched a public consultation on review of the Chinese Temples Ordinance. The two-month consultation period will end on May 12.
The Chinese Temples Ordinance was enacted in 1928 against the rampant activities of deceitful pseudo-religious establishments. In view of this, the Government enacted the Ordinance to suppress and prevent any mismanagement of Chinese temples and abuses of their funds. Nevertheless, some provisions in the Ordinance appear to be outdated in the present-day context. In addition, protection and remedies against fraud or abuse of funds by temples are readily available under various laws at present.
After a comprehensive review of the Ordinance with the Chinese Temples Committee (the CTC), the Home Affairs Bureau (HAB) recommends a number of amendments to the Ordinance with a view to better serving prevailing social needs having regard to present circumstances.
At today's press conference, the Deputy Secretary for Home Affairs, Mr Laurie Lo, said that particular attention was paid to striking a balance between respecting the freedom of religion and safeguarding public interest (especially public donations) during the review. While removing the outdated provisions, consideration will be given to the introduction of other measures to assist members of the public in safeguarding individual and public interest through other prevailing legislation, thereby instilling public confidence.
HAB recommends removing the outdated restrictions imposed on Chinese temples from the Ordinance, including the provisions requiring all Chinese temples to be registered, the revenues and properties of all Chinese temples to be under the absolute control of the CTC, and any person who possesses or controls the property of any Chinese temple to transfer such property to the Secretary for Home Affairs Incorporated (the SHAI).
In view of public expectations on the proper handling of public donations and management of Chinese temples, new measures are suggested as follows:
(1) HAB recommends that the CTC implement a voluntary registration scheme to replace the mandatory registration requirement. A Chinese temple that wishes to take part in the scheme should submit to the CTC the relevant information, such as how it manages public donations. The full list of temples registered with the CTC will be published on the CTC's website, and the major information of the registered temples will also be published for public access and inspection. The CTC will also conduct random checks on the information submitted by the registered temples.
(2) To enhance the protection of public interest, HAB suggests that a provision be added to the Ordinance, under which the Secretary for Home Affairs will be empowered to be a party to any legal proceedings involving Chinese temples to protect the public interest where necessary and justified.
Mr Lo also said one of the major advantages of the above-mentioned scheme is that the enhanced transparency of registered Chinese temples would provide useful reference to the public in their consideration of making donations to Chinese temples, hence strengthening public confidence in them.
Apart from the proposed amendments above, HAB also recommends establishing the CTC as a body corporate under the Ordinance, and specifying its statutory rights and functions in the provisions to enhance its operational procedure. Additionally, to facilitate more efficient management, the HAB suggests merging the Chinese Temples Fund and the General Chinese Charities Fund to form the Chinese Temples Charities Fund with a broader scope for providing grants to meet relevant needs for services to the community.
The CTC was established in accordance with the Ordinance in 1928. It is mainly responsible for administering temples on lands possessed by the SHAI. Many of the temples were built more than a century ago, and three of them (Lin Fa Temple in Tai Hang, Hung Shing Temple in Ap Lei Chau and Hau Wong Temple in Kowloon City) were declared as monuments in October last year. The CTC also takes up other important roles in supporting the maintenance of temples, promoting traditional culture and sponsoring charitable activities.
A member of the CTC, Mr Ma Ching-yuk, mentioned at the press conference that the proposed amendments in the consultation document could further strengthen the varied work of the CTC mentioned above, thereby promoting the development of Chinese temples as a whole.
Members of the public can download the consultation paper from the website of the Chinese Temples Committee (www.ctc.org.hk/consultation) or the Public Affairs Forum of the Government (www.forum.gov.hk/index.php/en/), and express their views in writing on or before May 12 through any of the following channels.
Postal address: Chinese Temples Committee
34/F, Wu Chung House,
213 Queen's Road East,
Wan Chai, Hong Kong
Fax number: 3718 6800
Email: consultation_cto@ctc.org.hk
Ends/Friday, March 13, 2015
Issued at HKT 18:48
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