SECRETARY FOR HOME AFFAIRS INCORPORATION ORDINANCE

SECRETARY FOR HOME AFFAIRS INCORPORATION ORDINANCE

LAWS OF HONG KONG

SECRETARY FOR HOME AFFAIRS

INCORPORATION ORDINANCE

CHAPTER 1044





CHAPTER 1044

SECRETARY FOR HOME AFFAIRS
INCORPORATION

To provide for the incorporation of the Secretary for Home Affairs.

(AmendedL.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)

[10 April 1928]

Originally 3 of 1928 (Cap. 310 R. Ed. 1950) 24 of 1950, 4 of 1955, 18 of 195 7, 15 of 1958,
13 of

1966, L.N. 22 of 1969, L.N. 15 of 1970, L.N. 226 of 1976, L.N. 67 of 1985, L.N. 68 of
1985, R.

Ed. 1985,19 of 1989, L.N. 262 of 1989, L.N. 263 of 1989

1. Short title

This Ordinance may be cited as the Secretary for Home Affairs Incorporation
Ordinance.

(AmendedL.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)

2. Incorporation of the Secretary for Home Affairs

The person for the time being performing the duties of the office of Secretary
for Home Affairs shall be a corporation sole, hereinafter called the corporation, and
shall have the name of 'The Secretary for Home Affairs Incorporated' and shall and
may have and use a common seal.

(Amended 18 of 1957 Third Schedule; L.N. 22 of 1969; L.N. 15 of 1970; L.N.
67 of 1985; L.N. 68 of 1985; L.N. 262 of 1989; L.N. 263 of 1989)

3. Powers of corporation

(1) The corporation shall have 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, and also to invest moneys upon mortgage
of any lands, buildings, messuages or tenements or upon the mortgages,
debentures, stocks, funds, shares or securities of any government, municipality,
corporation or company, and also to purchase, acquire and possess goods and
chattels of what nature and kind soever.

(2) The corporation shall further have power to grant, sell, convey, assign,
surrender, exchange, partition, yield up, mortgage, demise, reassign, transfer or
otherwise dispose of any lands, buildings, messuages, tenements,





mortgages, debentures, stocks, funds, shares or securities, or other goods and
chattels whatsoever, which are for the time being vested in or belonging to the
corporation, upon such terms as to the corporation may seem fit. (Amended4 of 1955
s. 2)

4.Property and rights transferred to corporation to vest or remain vested in
corporation and not to pass to personal representatives of occupant

Notwithstanding any change in the occupant of the corporation, whether on
account of death, departure on leave, return from leave, temporary employment
elsewhere, resumption of duties, new appointment or other cause whatsoever, and
notwithstanding the nature of the property or rights, all property and rights
whatsoever, transferred to the corporation or to any occupant of the corporation as
such, in any manner whatsoever, shall vest or remain vested in the corporation so
as to be capable of being dealt with by the occupant of the corporation for the time
being and shall not vest in any occupant in his natural capacity.

5. Evidence as to the identity of the
occupant of the corporation

If any question arises as to who is or was at any time the occupant of the
corporation for the time being, a certificate under the hand of the Chief Secretary
shall be conclusive evidence for all purposes whatsoever as to the person who is or
was the occupant.

(AmendedL.N. 226 of 1976)

6. Execution of documents

All deeds and other instruments requiring the seal of the corporation shall be
sealed in the presence of the occupant of the corporation for the time being, and
such deeds and instruments, and all other documents, instruments and writings
requiring the signature of the corporation, shall be signed by such occupant.

7. Vesting of property

The corporation will continue to hold the pieces or parcels of ground which
were vested in it on 10 April 1928, except such of the same as have been or may at
any time be disposed of under section 3(2), together with all rights, easements and
appurtenances belonging or appertaining thereto, or therewith usually held,
occupied and enjoyed





(a)in the case of premises held under Crown lease, for the term granted
thereby and subject to the payment of the rent and the performance
of the covenants and conditions reserved thereby and contained
therein; and

(b)in the case of there being no Crown lease, for the term and subject to
the payment of the rent and performance of the covenants and
conditions to be implied in all the circumstances of the case,

and in every case whatsoever subject to the trusts on which the respective pieces
or parcels of ground were held immediately before 10 April 1928.

(Replaced 24 of 1950 Schedule. Amended 13 of 1966 Schedule)

8. Power to accept other trusts, to invest
and deposit trust funds

(1) For the avoidance of doubt, it is hereby declared that it shall be lawful
for the corporation to accept trusts other than those mentioned in section 7 if
the corporation first obtains the approval of the Governor. (Added 4 of 1955
s.3)
(2) It is also hereby declared that-

(a)the corporation may invest, in accordance with the provisions of the
Trustee Ordinance (Cap. 29), such trust funds in the hands of the
corporation whether at the time in a state of investment or not; and

(b)notwithstanding such provisions, the corporation shall also have
power and shall be deemed always to have had power, in cases where
the occupant of the corporation for the time being considers it
impracticable for any reason whatsoever for such trust funds to be so
invested, to deposit such trust funds in the Hong Kong Savings Bank
or such other savings bank as the Governor may approve generally or
in any particular case.

(Added 15 of 1958 s. 2)
(Amended 15 of 1958 s. 2)

9. Saying

Nothing in this Ordinance shall affect or be deemed to affect the rights of Her
Majesty the Queen, Her Heirs or Successors, or the rights of any body politic or
corporate or of any other persons except such as are mentioned in this Ordinance
and those claiming by, from or under them.

10. Accounts, audit and annual report

(1) The corporation shall keep accounts and records of all transactions in
respect of any trust funds it administers.





(2) The Director of Accounting Services may give such directions in writing to
the corporation as he thinks fit with respect to the keeping of accounts and records
referred to in subsection (1) and the corporation shall comply with any such
direction.

(3) The corporation shall prepare in relation to the trust funds it administers a
statement of accounts of the funds for each period of 12 months ending on 31
March in any year, in such form as the Director of Accounting Services may require
in writing.

(4) A statement of accounts required by subsection (3) shall be signed by the
person for the time being performing the duties of the office of the Secretary for
Home Affairs and shall, unless the accounts of the trust funds the corporation
administers have been audited by an independent accountant under section 24(4) of
the Trustee Ordinance (Cap. 29), be submitted by the corporation to the Director of
Audit not later than 30 September following the end of the period to which it relates,
or such later date as the Governor may allow. (AmendedL.N. 262 of 1989)

(5) Where the statement of accounts is submitted to the Director of Audit
under subsection (4), such statement of accounts and the accounts of the funds
referred to in subsection (1) shall be audited by the Director of Audit, who shall
certify the statement of accounts together with such report, if any, as he may think
fit and submit the audited statement of accounts and the report thereon, if any, to
the corporation.

(6) A copy of the corporation's audited statement of accounts, together with
the Director of Audit's report, if any, and a report, if any, by the corporation on the
administration of the fund during the period covered by the audited statement of
accounts shall be laid upon the table of the Legislative Council not later than 3
months after the audited statement of accounts and the report thereon, if any, are
received by the corporation from the Director of Audit.

(Added 19 of 1989 s. 2)

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