QUEEN ELIZABETH FOUNDATION FOR THE MENTALLY HANDICAPPED ORDINANCE

QUEEN ELIZABETH FOUNDATION FOR THE MENTALLY HANDICAPPED ORDINANCE

LAWS OF HONG KONG

QUEEN ELIZABETH FOUNDATION FOR THE

MENTALLY HANDICAPPED ORDINANCE

CHAPTER 399





CHAPTER 399

QUEEN ELIZABETH FOUNDATION FOR THE
MENTALLY HANDICAPPED. ORDINANCE

ARRANGEMENT OF SECTIONS

Section.................................... Page
1. Short title ...........................2
2. Interpretation ........................2
3. Establishment of Foundation ...........3
4. Seal ..................................3

5. Establishment of Council .............3
6. Duties and powers of Council .........4
7. Appointment of committees ............4
8. Employment of assistants and advisers 4

9. Payment of fees and expenses

......................... 5

10.......................................Appointments by the Governor 5
11.......................................Transaction of business and regulation of procedures 5
12.......................................Accounts

................ 5

13.............Reports .................. 6
14.............Cost of administering the Foundation ...... 6





CHAPTER 399

QUEEN ELIZABETH FOUNDATION FOR THE
MENTALLY HANDICAPPED

To establish the Queen Elizabeth Foundation for the Mentally Handicapped and to
provide for the administration thereof and for matters connected
therewith.

[22 July 1988]

Originally 74 of 1988

Preamble

WHEREAS

(a)a net profit has accrued and will accrue from the sale of gold coins by the
Government to commemorate the visit to Hong Kong in 1986 of Her
Majesty Queen Elizabeth II;

(b)Her Majesty has been graciously pleased to permit Her name to be
associated with the establishment of a foundation to apply that net profit
for the furtherance of the welfare, education and training of the mentally
handicapped in Hong Kong; and

(c)the Royal Hong Kong Jockey Club has generously agreed to donate
moneys towards the establishment of such a foundation:

Short title

1. This Ordinance may be cited as the Queen Elizabeth Foundation for
the Mentally Handicapped Ordinance.

Interpretation

2. In this Ordinance, unless the context otherwise requires-

'committee' means a committee established under section 7(1);

'Council' means the Council of the Foundation established under section 5;

'Foundation' means the Queen Elizabeth Foundation for the Mentally
Handicapped established by section 3(1);

'Foundation assets' means the assets of the Foundation described in section
3(4);

'Foundation income' means income of the Foundation derived from
Foundation assets;

'mental handicap' means any condition of arrested or incomplete, development
of the mind which involves a significant impairment of intelligence or of
social functioning;

'the mentally handicapped' means persons suffering from mental handicap.





Establishment of Foundation

3. (1) There is established a body corporate to be known as the 'Queen
Elizabeth Foundation for the Mentally Handicapped'.

(2) The purpose of the Foundation shall be the furtherance of the welfare,
education and training of the mentally handicapped in Hong Kong, and the
promotion of their employment prospects.

(3) There shall be paid to the Foundation by the Government-

(a)from the Special Coin Suspense Account (established by resolution of the
Legislative Council on 19 March 1975)

(i) the net profit accruing from the sale of gold coins by, the
Government to commemorate the visit to Hong Kong in 1986 of Her
Majesty Queen Elizabeth II; and

(ii) such sum as will make the total payments from that Account $30
million;

(b) from the general revenue, a matching contribution of $30 million.

(4) The assets of the Foundation shall be-

(a) the sums paid by the Government under subsection (3);

(b)the sum of $30 million to be donated by the Royal Hong Kong Jockey
Club;

(c)such further moneys or property as may from time to time be donated,
subscribed or bequeathed to the Foundation and accepted by the Council
or otherwise acquired by the Foundation; and

(d) Foundation income accumulated under section 6(3)(d).

Seal

4. The fixing of the seal of the Foundation shall be-

(a) authorized or ratified by resolution of the Council; and

(b), authenticated by the signature of any 2 members of the Council authorized
by the Council either generally or specially to act for that purpose.

Establishment of Council

5. There shall be a Council which shall be known as the 'Council of the Queen
Elizabeth Foundation for the Mentally Handicapped' and which shall consist of

(a) a Chairman appointed by the Governor;

(b) the Secretary for District Adminstration, or his representative;

(c) the Commissioner for Rehabilitation, or his representative;

(d)a member nominated by the Royal Hong Kong Jockey Club and
appointed by the Governor; and

(e)not less than 5 nor more than 9 other members appointed by the
Governor.'





Duties and powers of Council

6. (1) Subject to this Ordinance, the Council, in the name and on behalf of the
Foundation

(a)shall apply Foundation income and may apply Foundation assets for
carrying out the purpose of the Foundation as described in section 3(2);
and

(b)shall determine and perform all matters relating to the application of that
income and those assets and the carrying out of that purpose.

(2) In performing its duties under subsection (1), the Council may apply all
Foundation income and all the Foundation assets except that

(a)sufficient income shall be reserved in each financial year to make
payments under sections 9 and 14(b) in respect of that financial year;

(b)a sum of $81 million (being 90 per cent of the value of the Foundation
assets described in section 3(4)(a) and (b)) shall be reserved for
investment in accordance with subsection (3)(a).

(3) The Council may, in the name and on behalf of the Foundation-

(a)invest the Foundation assets in such investments as the Council thinks
fit;

(b)convert into money any Foundation assets not acquired in the form of
money;.

(c)borrow money in such manner, on such terms and against such security
as the Council thinks expedient;

(d)accumulate Foundation income riot applied under subsection (2) or paid
under section 9 or 14(b).

Appointment of committees

7. (1) The Council may by resolution establish one or more committees

to advise it on all or any of its functions under this Ordinance and may appoint
persons to be members of such committees..

(2) A person may be appointed to be a member of a committee whether or 'not
he is a member of the Council.

(3) Subject to section 11 and to any direction given by the Council, every
committee may regulate its own procedure.

Employment of assistants and advisers

8. The Council may, in the name and on behalf of the Foundation, employ

(a)one or more persons to assist it in the performance of its functions; and

(b)one or more professional persons or financial institutions to advise it on
any matter arising out of or in connection with its functions under this
Ordinance or to manage and administer the Foundation assets.





Payment of fees and expenses

9. (1) Any member of the Council or of any committee who is required to travel
to or in Hong Kong or elsewhere for the 'purpose of attending any meeting of the
Council or of that committee, shall be paid out of Foundation income reasonable
travelling and accommodation expenses in connection with such attendance.

(2) The salaries, fees and expenses of any person or institution employed by
the Council under section 8 shall be determined by the Council and paid out of
Foundation income.

Appointments by the Governor

10. (1) A person appointed by the Governor under this Ordinance-

(a) shall hold office at the Governor's pleasure;

(b)subject to paragraph (a), shall hold office for such period as may be
specified in the terms of the appointment;

(c) may resign by giving notice in writing to the Governor.

(2) A person appointed by the Governor under this Ordinance whose
appointment expires or who resigns may be re-appointed by the Governor.

(3) The Governor shall give notice in the Gazette of every appointment made
by him under this Ordinance.

Transaction of business and regulation of procedures

11. (1) Meetings of the Council shall be held at such times and places as may
be appointed by the Chairman, who shall preside at all such meetings.

(2) If the Chairman is unable to perform the functions of his office for any
period due to absence from Hong Kong or' for any other reason, he may nominate a
member of the Council to perform those functions in his place, and failing such.
nomination, the Governor shall appoint a member of the Council to act as Chairman
for that period.

(3) The Council and any committee may transact any of its business by
circulation of papers, and for that purpose a resolution in writing which is approved
in writing by a majority of members shall be as valid and effectual as if it had been
passed at a meeting of the Council or of that committee, as the case may be.

(4) With the exception of section 53, Part VII of the Interpretation and General
Clauses Ordinance (Cap. 1) shall apply in relation to the Council and any
committee.

(5) Subject to this section, the Council may regulate its own procedure.'

12. (1) The Council shall-

(a) keep such accounts and records of the financial transactions of the
Foundation as the Director of Accounting Services may require; and





(b)prepare for each financial year a statement of the accounts of the
Foundation, which statement shall include an income and expenditure
account and a balance sheet and be signed by the Chairman of the
Council.

(2) The statement of the accounts of the Foundation, signed as required by
subsection (1)(b), shall be submitted by the Chairman of the Council to the
Director of Audit within 6 months from the end of the financial year to which it
relates, or within such longer period as the Governor. may determine.

(3) The accounts of the Foundation and the signed statement of the accounts
shall be audited by the Director of Audit who shall certify such statement subject to
any report he may think fit to make.

Reports

13. There shall be laid on the table of the Legislative Council on or before 31
December following the end of each financial year or by such later date as the
Governor may determine

(a)a copy of the statement of the accounts of the Foundation, signed as
required by section 12(1), together with the Director of Audit's
certificate and report, if any, as provided for by section 12(3);

(b)a report by the Council on its activities on behalf of the Foundation
during that financial year; and

(e)such report, if any, as the Governor may see fit to make on the accounts
or reports referred to in paragraphs (a) and (b).

Cost of administering the Foundation

14 Where during any financial year the Government provides. administrative
services for the Foundation

(a)any costs incurred by the Government in providing such services shall be
a charge on the general revenue;

(b)if the Financial Secretary so directs, an administration fee to be determined
by him, but not exceeding 2.5 per cent of Foundation
income in that financial year, shall be paid out of Foundation income
to the general revenue.

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