BREWIN TRUST FUND ORDINANCE

BREWIN TRUST FUND ORDINANCE

LAWS OF HONG KONG

BREWIN TRUST FUND ORDINANCE

CHAPTER 1077





CHAPTER 1077

BREWIN TRUST FUND

To make provision for the establishment of a trustfund to be known as
the Brewin Trust Fund, andfor the due administration thereof,
andfor purposes connected with the matters aforesaid.

[4 March 1955.]

1. This Ordinance may be cited as the Brewin Trust Fund
Ordinance.

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

'Chinese' means persons of the Chinese race;

'committee' means the committee appointed under section 5;

'widow' includes a concubine and a mother of a child not born in
wedlock.

3. (1) There is hereby established a trust fund to be known as the
Brewin Trust Fund, hereinafter referred to as the fund. which
is vested in the Secretary for District Administration Incorporated
as trustee. (Amended, L.N. 15170 and L.N. 68185)

(2) The fund shall consist of moneys and assets together with any
sum accumulated by way of interest thereon, rents, dividends and such
other moneys as may be paid into the fund and shall include also such
other moneys and assets as may from time to time be acquired by the
trustee on the trusts hereinafter set out.

4. The trustee shall hold and stand possessed of the fund upon
trust to apply the same in such manner and to such extent as the
committee may direct for the following objects

(a)for the maintenance and benefit of Chinese widows and
orphans who, being resident in the Colony, appear to the
committee to require such maintenance and benefit; and

(b)for the maintenance and benefit of Chinese workmen, which
expression shall include females, who having been employed
in the Colony and become wholly or in part incapacitated for
work by reason of age, sickness, disablement or otherwise,
appear to the committee to require such maintenance and
benefit.

5. (1) There shall be established a committee to be known as the
Brewin Trust Fund Committee.






The committee shall consist of the Secretary for District
Administration as ex officio member and chairman and such mem-
bers not less than 5 in all as the Governor may appoint. (Amended,
L.N. 22/69 and L.N. 67/85)

(3) A member appointed by the Governor shall hold office for such
period as may be specified in the letter of appointment, and may be re-
appointed or removed by the Governor at his pleasure.

(4) The quorum necessary for the transaction of business by the
committee may be fixed by standing orders made under section 7 and
unless so fixed shall be 3 members.

6. Subject to the provisions of this Ordinance, the committee may
determine all matters whatsoever touching the administration of the
fund and the attainment of the objects thereof.

7. (1) The committee may make standing orders

(a) governing its procedure in the transaction of business;

(b) for the maintenance of good order at meetings; and
(c)generally, for matters relating to the administration and
management of the fund and the discharge of the duties of the
committee.

(2) A copy of such standing orders shall be furnished to the. Chief
Secretary and they shall be subject to disallowance, alternation or
amendment by the Governor. (Amended, L.N. 226/76.)

(3) All questions arising at any meeting of the committee shall be
decided by a majority of votes of members present and, in case of an
equality of votes, the chairman shall have a casting vote. in addition to
his original vote.

8. (1) The committee may from time to time appoint upon such
salary and upon such terms as it may think proper, a secretary,
treasurer, and such other officials as it may think necessary for the
purpose of carrying out the trusts; and may employ any professional
person to advise it on any point arising out of or in connexion with the
said trusts.

(2) All salaries and fees of any person or persons so appointed or
employed shall be paid by the trustee out of the fund.

8A. (1) The cost of the administration of the fund, other than the
salaries and fees paid under the provisions of section 8(2), shall be a
charge on the general revenue of the Colony:

Provided that the Financial Secretary may direct that an annual
supervision fee to be determined by him shall be charged against the
income of the fund and paid into the general revenue of the Colony.

(2) The fee charged under the proviso to subsection (1) shall-

(a)be in respect of the year commencing on 1 July 1966 and
ending on 30 June 1967, and thereafter in respect of every
period of 1 year ending on 30 June; and





(b) not exceed 2.1 per cent of the annual income of the fund.
2
(Added, 24 of 1966, s. 2)

9. The trustee may invest any moneys of the fund in such
investments, whether or not such investments are trust investments,
as the committee may direct.

10. (1) The trustee shall cause proper accounts to be kept of
all transactions of the fund and shall cause to be prepared for every
period of 12 months ending on 30 June in each year, a statement of
the accounts of the fund, which statement shall include an income
and expenditure account and balance sheet.

(2) The accounts of the fund and the statement of the accounts
shall be audited by an auditor appointed by the Governor and the
auditor shall certify the statement subject to such report, if any, as he
may think fit.

(3) The audited statement of accounts together with the
auditor's report, if any, and a copy of the report by the committee
on the administration of the fund during the period covered by the
audited accounts shall be laid on the table of the Legislative
Council not later than 31 December next following the end of such
period, or so soon thereafter as the Governor may in his absolute
discretion allow.
(Replaced. 36 of 1956, s. 2)
Originally 9 of 1955. 36 of 1956. 24 of 1966. L.N. 22/69. L.N. 15/70. L.N. 226/76. L.N. 67/85. L.N. 68/85. Short title. Interpretation. Establishment and vesting of fund. Objects of the trust fund. Establishment of committee. Control by committee. Standing orders. Appointment of officers. Cost of administration. Investment of moneys. Accounts.

Originally 9 of 1955. 36 of 1956. 24 of 1966. L.N. 22/69. L.N. 15/70. L.N. 226/76. L.N. 67/85. L.N. 68/85. Short title. Interpretation. Establishment and vesting of fund. Objects of the trust fund. Establishment of committee. Control by committee. Standing orders. Appointment of officers. Cost of administration. Investment of moneys. Accounts.

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1964

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