HONG KONG WAR MEMORIAL FUND ORDINANCE
Title
HONG KONG WAR MEMORIAL FUND ORDINANCE
Description
LAWS OF HONG KONG
HONG KONG WAR MEMORIAL FUND
ORDINANCE
CHAPTER 1026
CHAPTER 1026
HONG KONG WAR MEMORIAL FUND
To providefor the establishment and administration of a Hong Kong
War Memorial Fund.
[21 February 1947.1
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 contributions as may
be made thereto and such appropriations thereto as may from time to
time be made by the Legislative 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 nationality, 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, who served
therein between 7 December 1941, and 25 December 1941, and
who- (Amended, 3 of 1948, s. 2)
(i) was killed in action; or
(ii) died as the 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 having at
any time after such release and prior to his death been
incapacitated from earning a living; or (Amended, 66 of 1979,
s. 2)
(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 as aforesaid, or
illness the contraction of which was specifically attributable
to such service as aforesaid is temporarily or
permanently either wholly or partially incapacitated from
earning a living; or (Amended, 66 of 1979, s. 2)
(vii) was captured and held in captivity by the enemy and is
temporarily or permanently either wholly or partially
incapacitated from earning a living; (Added, 66 of 1979, s. 2)
(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 as aforesaid, or illness the contraction of which was
specifically attributable to such service is temporarily or
permanently either wholly. or partially incapacitated from
earning his. living; (Amended, 66 of 1979, s. 2)
(ba) to provide assistance to any officer or member of the
organizations specified in paragraph (a) who served therein
between the aforesaid dates, was captured and held in
captivity by the enemy and is temporarily or permanently
either wholly or partially incapacitated from earning his living;
(Added, 66 of 1979, s. 2)
(c)to establish and maintain any such homes, orphanages or
other institutions as may be conducive to the attainment of the
foregoing objects;
(d)without distinction of class or _nationality to provide and
endow scholarships for any children whose -maintenance,
education, benefit or advancement 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, unless the context otherwise requires---
'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 substantially 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. (Replaced, 3 of 1948,s.2)
(3) All or any of the benefits which, under the provisions of this
Ordinance, might be extended to any officer or member of any force,
corps, unit or other organization specified in the First Schedule, or to the
widow, wife or children or dependent parent of any such officer or
member, 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 me member as the case ,may be. (Amended, 3 of 1948,
s. 2)
(4) After ample provision for all the foregoing objects has in the
opinion of the committee been made, an additional 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 Chief
Secretary, add to any of the Schedules.
5. (1) The Fund shall be administered by a committee, 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 5 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 made under this Ordinance
and unless so fixed 3 members shall form a quorum.
6. None of the objects in subsection (1) of section 4 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 matters 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 regulations for their
procedure in the transaction of business and the maintenance of good
order at their meetings and generally for all matters relating to the
administration and management of the Fund and the discharge of the
duties of the committee:
Provided that a copy of such regulations shall be furnished to the
Chief 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 meeting 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 3 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 shall, within 6 months after
the termination of each calendar year, forward to the Chief 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.
(Amended, 70 of 1977, s. 3)
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 tenements of what nature or kind
soever and wheresoever situate in the Colony, and also to invest
moneys on deposit in any bank in the Colony or elsewhere or on
1 mortgage of any lands, buildings, messuages or tenements in the
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 the 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 corporation on such terms as to the
said corporation may seem fit.
11. All deeds, documents and other instruments which bylaw
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 sealing 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 Police Force. the Hong Kong Police Reserve and the special
constabulary established under the Peace Preservation Ordinance, 1886.
(Replaced, L.N. 196181)
6. The Hong Kong Civil Defence Corps, as specified hereunder-
Auxiliary Communications Service.
Auxiliary Conservancy Corps.
Auxiliary Fire Service.
Auxiliary Labour Corps.
Auxiliary Medical Corps.
Auxiliary Nursing Service.(Added, 66 of 1979, s. 3)
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 and the Royal Naval Yard Police,
including uniformed personnel attached to such Forces and Police:
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. (Added, G.N. 931147. Amended, 66 of 1979,
s. 3)
8. The St. John Ambulance Brigade. (Added, 66 of 1979, s. 3)
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(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;
(f)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.
Originally 10 of 1947. (Cap. 289, 1950.) G.N. 931/47. 3 of 1948. 70 of 1977. 66 of 1979. L.N. 196/81. Short title. Establishment of the Fund. Maintenance of the Fund. Objects of the Fund. First Schedule. First Schedule. Second Schedule. Third Schedule. Administration of the Fund. General powers of the committee. Third Schedule. Regulations. [cf. Cap. 1040, s. 8.] Determination of questions at meetings of the committee. Accounts. Incorporation of chairman of committee of the Fund. [cf. Cap. 1017, s. 2.] Use of seal of corporation.
Abstract
Originally 10 of 1947. (Cap. 289, 1950.) G.N. 931/47. 3 of 1948. 70 of 1977. 66 of 1979. L.N. 196/81. Short title. Establishment of the Fund. Maintenance of the Fund. Objects of the Fund. First Schedule. First Schedule. Second Schedule. Third Schedule. Administration of the Fund. General powers of the committee. Third Schedule. Regulations. [cf. Cap. 1040, s. 8.] Determination of questions at meetings of the committee. Accounts. Incorporation of chairman of committee of the Fund. [cf. Cap. 1017, s. 2.] Use of seal of corporation.
Identifier
https://oelawhk.lib.hku.hk/items/show/3496
Edition
1964
Volume
v26
Subsequent Cap No.
1026
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“HONG KONG WAR MEMORIAL FUND ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 28, 2025, https://oelawhk.lib.hku.hk/items/show/3496.