HONG KONG WAR MEMORIAL FUND ORDINANCE

HONG KONG WAR MEMORIAL FUND ORDINANCE

CHAPTER 289.

HONG KONG WAR MEMORIAL FUND.

To provide for the establishment and adininistration of a
Hong Kong War Memorial Fund.

[21st February, 1947.]

1. This Ordinance may be cited as the Hong Kong
War Memorial Fund Ordinance.

2. A Fund to be known as the Hong Kong War
Memorial Fund, hereinafter called the Fund, shall be
established and administered in the manner hereinafter
appearing.

3. The Fund shall consist of such voluntary con-
tributions as may be made thereto and such appropriations
thereto as may frorn tinie to time be made by the Legisla-
tive Council, together with such additions or accumulations
as may be made or accrue thereto and together with any
investment from time to time representing the same or any
of them and together also with the interest and income
derived from any such investment.

4. (1) The objects of the Fund shall be, as follows-
(a) without distinction of class or to
provide for the maintenance, education, benefit or
advancement of the widow, wife or children or
dependent parent as the case may be, of any officer
or member of any, force, corps, unit or other
organization specified in the First Schedule to this
Ordinance, who served therein between the 7th day
of December, 1941, and the 25th day of December,
1941, and who-
(i) was killed in action; or
(ii) died as result of wounds received in
action; or
(iii) died as the result of injuries or hardships
sustained during such service as aforesaid ; or
(iv) having been captured by the enemy, Was
killed or died while in captivity or died after release
from captivity as the result of injuries or hardships
sustained while in captivity, or





(v) died as the result of illness the contraction
of which was specifically attributable to such service.
or captivity as aforesaid; or
(vi) by reason of wounds received in action,
injuries or hardships sustained during such service
or captivity as aforesaid, or illness the contraction
of which was specifically attributable to such service
or captivity as aforesaid is temporarily or per-
manently either wholly or partially incapacitated
from earning a living;
(b) to provide assistance to any officer or member of
the organizations specified in paragraph (a) who
served therein between the aforesaid dates and by
reason of wounds received in action, injuries or
hardships sustained during such service or captivity
as aforesaid, or illness the contraction
of which
was specifically attributable to such service or
captivity, is temporarily or permanently either
wholly or partially, incapacitated from earning his
living;
(c)to establish and maintain any such homes, orphan-
ages or other institutions as may be conducive to
the attainment of the foregoing objects;
(d)without distinction of class or nationality to pro-
vide and endow scholarships for any children
whose maintenance, education, benefit or advance-
ment provision may lawfully be made under the
provisions of this Ordinance;
(e)to do all other such lawful things as may be
incidental or conducive to the attainment of the
foregoing objects.
(2) In this Ordinance-
'child' includes a child not born in wedlock
'wife' includes the mother of a child not born in wedlock
and the word 'widow' shall be construed accordingly;
'dependent parent' includes a person wholly or substan-
tially maintained by an officer or member referred to
in subsection (3), who during the minority of such
officer or member acted in the place of a parent to
such officer or member.
(3) All or any of the benefits which, under the pro-
visions of this Ordinance, might be, extended to any officer
or member of any force, corps, unit or other organization





specified in the First Schedide, or to the widow, wife or
children or dependent parent of any such officer or mem-
ber, may be extended to a member of any class of persons
specified in the Second Schedule, or to the widow, wife
or children or dependent parent of any such member as
the case may be.

(4) After ample provision for all the foregoing objects
has in the opinion of the committee been made, an addi-
tional object of the Fund shall be to provide benefits for
the community as a whole, without distinction of class or
nationality and such benefits shall take the form of the
undertakings mentioned in the Third Schedule Which Shall
have no priority one over the other.

(5) The Governor may, by order under the hand of
the Colonial Secretary, add to any of the Schedules.

5. (1) The Fund shall be administered by a com-
mittee (hereinafter called the committee) the chairman and
other members of which shall be appointed by the Governor.

(2) The committee shall consist of such member or
members, not less than five in all, as the Governor shall
direct.

(3) All appointments to the committee shall be held
only during the Governor's pleasure.

(4) The quorum necessary for the transaction of the
business of the committee may be fixed by regulation rnade
under this Ordinance and unless so fixed three inembers
shall form a quorum.

6. None of the objects in subsection (1) of section
as extended by subsections (2) and (3) thereof shall be.
deemed to have in law or equity any priority one over the
other nor shall any rateable appropriation of the Fund to
such objects or to the undertakings specified in the Third
Schedule be required and the committee shall, subject to
the provisions of this Ordinance, have full power, authority
and discretion to govern, direct and decide all matter's
whatsoever connected with the administration of the Fund
and the accomplishment of the objects and purposes thereof.





7. The committee shall have power to make regula-
tions for their procedure in the transaction of business and
the maintenance of good order at their meetings and gen-
erally for all matters relating to the administration and
management of the Fund and the discharge of the duties
of the committee : Provided always that a copy of such
regulations shall be furnished to the Colonial Secretary,' and
that they, shall be subject to disallowance, alteration or
amendment at any time by the Governor,

8. All questions which may arise at any ineeting, of
the committee shall be decided by a majority of votes of
the members present and, in case of an equality of votes,
the chairman shall have a casting vote in addition to his
original vote: Provided that, in any case in which the
committee is divided in opinion, any three members of the
committee may demand that the point be referred to the
Governor for his decision, which shall in every, such case
be final.

9. An accurate account shall be kept of all moneys
received and disbursed by the Fund and the committee
shall0, within one month after the termination of each
calendar year, forward to the Colonial Secretary a report
on the administration of the Fund during the previous year
together with a duly audited statement of receipts and
expenditure of the Fund during the preceding year and a
statement of the assets and liabilities of the Fund up to
the end of such year.

10. The chairman of the committee shall be a body
corporate, and shall have the name of 'The Chairman of
the Committee of the Hong Kong War Memorial Fund,-
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 the said seal
may break, change, alter, and make anew as to the said
corporation may seem fit, and the said corporation shall
have full power to acquire, accept leases of, purchase, take,
hold and enjoy any lands, buildings, messuages or tene-
ments of what nature or kind soever and wheresoever
situate in this Colony, and also to invest moneys on deposit
in any bank in the Colony or elsewhere or on mortgage





of any lands, buildings, messuages or tenements in this
Colony, or on the mortgages or debentures, stocks, funds,
shares or securities of any corporation or company carrying
on business or having an office in this Colony, and also
to purchase and acquire all manner of goods and chattels
whatsoever, and the said corporation is hereby further
empowered, (by deed under its seal), to grant, sell, convey,
assign, surrender and yield up, mortgage, demise, reassign,
transfer or otherwise dispose of any, lands, buildings,
messuages and tenements, mortgages, debentures, stocks,
funds and securities, goods and chattels, vested in the cor-
poration on such terins is to the said corporation may
seem fit.

11. All deeds, documents and other instruments which
by law require the seal of the said corporation shall be
sealed therewith in the presence of the chairman of the
committee or his attorney duly authorized, and shall also
be signed by him or his attorney duly authorized, and such
signing shall be and be taken as sufficient evidence of the
due scaling of such deeds, documents or other instruments.

FIRST SCHEDULE. [ s. 4.]

1 . The Hong Kong Naval Volunteer Force.
2. The Hong Kong Royal Naval Volunteer Reserve.
3. The Hong Kong Volunteer Defence Corps and the Auxiliary
and Affiliated Units thereof.
4. The Hong Kong Corps of Air Raid Wardens.
5. The Hong Kong Police Reserve.
6.The Hong Kong Civil Defence Corps, as specified here-
under-
Auxiliary Communications Service.
Auxiliary Conservancy Corps.
Auxiliary Fire Service.
Auxiliary Labour Corps.
Auxiliary Medical Corps.
Auxiliary Ordnance Corps.
Auxiliary Quartering Corps.
Auxiliary Supply Corps.
Auxiliary Transport Service.
Civil Pay and Accounts Service.
Public Works Corps,
Auxiliary Rescue and Demolition Corps.
7. His Majesty's Regular Armed Forces, including uniformed
personnel attached thereto: Provided that persons not locally
recruited therefor or not locally attached thereto or not married
to persons ordinarily resident in the Colony, shall be excluded.





SECOND SCHEDULE. [s. 4 (3). ]

1. Persons who were subjected to torture during the enemy
occupation and by reason thereof-
(a) died; or
(b) were temporarily or permanently either wholly or partially
incapacitated from earning a living.
2. Persons who were executed by the enemy.

THIRD SCHEDULE. [s. 4.]

Any undertaking for establishing, endowing, providing for,
maintaining or contributing to-
(a) hospitals, clinics and creches in the Colony;
(b) educational, recreational, civic or social welfare centres,
facilities or amenities in the Colony;
(c)relief (including medical stores and supplies) to homeless,
unemployed or indigent persons in the Colony;
(d)scholarships involving work, study, tuition or instruction
in the Colony or in the United Kingdom;
(e)institutions in the Colony for the aged and infirm, the
young or the mentally deficient or unstable;
the cure or relief of suffering and disease in the Colony
or the cure and relief outside the Colony of inhabitants
of the Colony who cannot adequately be treated inside the
Colony.
10 of 1947. 3 of 1948. Short title. Establishment of the Fund. Maintenance of the Fund. Objects of the Fund. 3 of 1948, s. 2. [s. 4 cont.] 3 of 1948, s. 2. [s. 4 cont.] First Schedule. 3 of 1948, s. 2. Second Schedule. Third Schedule. Administration of the Fund. General powers of the committee. Third Schedule. Regulations. [cf. Cap. 306, s. 8.] Determination of questions at meetings of the committee. Accounts. Incorporation of chairman of committee of the Fund. [cf. Cap. 280.] [s. 10 cont.] Use of seal of corporation. G.N. 931/47.

10 of 1947. 3 of 1948. Short title. Establishment of the Fund. Maintenance of the Fund. Objects of the Fund. 3 of 1948, s. 2. [s. 4 cont.] 3 of 1948, s. 2. [s. 4 cont.] First Schedule. 3 of 1948, s. 2. Second Schedule. Third Schedule. Administration of the Fund. General powers of the committee. Third Schedule. Regulations. [cf. Cap. 306, s. 8.] Determination of questions at meetings of the committee. Accounts. Incorporation of chairman of committee of the Fund. [cf. Cap. 280.] [s. 10 cont.] Use of seal of corporation. G.N. 931/47.

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