EDUCATION SCHOLARSHIPS FUND ORDINANCE

EDUCATION SCHOLARSHIPS FUND ORDINANCE

LAWS OF HONG KONG

EDUCATION SCHOLARSHIPS FUND ORDINANCE

CHAPTER 1085





CHAPTER 1085

EDUCATION SCHOLARS~ FUND ORDINANCE

ARRANGEMENT OF SECTIONS

section...................................... page

1. Short title ................................ ... ... ... ... ... ... 2
2. Interpretation ............................. ... ... ... ... ... ... ... 2

3. Establishment and vesting of fund........... ... ... ... ... ... ... ... 2

4. Objects of the trust fund .................. ... ... ... ... ... ... 3

5. Establishment of committee ................. ... ... ... ... ... 3
6. Standing orders of committee ............... ... ... ... ... ... ... 4

7. Secretary .................................. ... ... ... ... ... ... ... 4

8. Register of scholarships ................... ... ... ... ... ... ... 4

9. Treasurer and auditor ...................... ... 1 ... ... ... ... 5

10...........Investment .......................... .... ... ... ... ... ... ... 6

11......................Payments into and out of the fund ... ... ... ... ... ... ... ... 6

12. Disposal of excess income and reserve funds ... ... ... ... ... ... 7

13. Variation of value of scholarship and creation of additional award ... 7

14. Future donations to fund .................. ... ... ... ... ... ... 8

15. Postponement of payment of scholarship ....... ... ... ... ... ... 8

16. Saving .................................... ... ... ... ... ... ... 8

17. Change of conditions of award of scholarship ... ... ... ... ... ... 8

18. Notice of change of conditions of award ... ... ... ... ... ... ... 9

19. Determination of change of condition of award ... ... ... ... ... 9

20. Restriction of change of conditions of award ... ... ... ... ... ... 10

21. Cost of administration ....................... ... ... ... ... ... ... 10

22. Saving of rights of the Crown.............. ... ... ... ... ... ... ... 10





CHAPTER 1085

EDUCATION SCHOLARSHIPS FUND

Tomake provision for the establishment of a trust fund to be known
as the Education Scholarships Fund andfor the due
administration thereof and for purposes connected with the
matters aforesaid.

[23rd December, 1955.]

1. This Ordinance may be cited as the Education Scholarships Fund
Ordinance.

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

'committee' means the Education Scholarships Fund Committee
established by section 5;

'Director' means the Director of Education;

'fund' means the Education Scholarships Fund established by section
3;

$$general capital' means the moneys and assets mentioned in section

3(2)(a) and any moneys or assets forming part thereof under
section 14(2)(a); (Added, 63 of 1973, s. 2)

-General Reserve Fund' means the reserve fund in respect of the
scholarships referred to in Parts 1 and 11 of the Register; (Added,
63 of 1973, s. 2)

'original value' means the value of a scholarship on the first day it is
administered by the Trustee; (Added, 63 of 1973, S. 2)

---Register'means the register of scholarships referred to in scetion

8; (Added, 63 of 1973, s. 2)

'separate capital' means the moneys and assets of a scholarship
referred to in Part III of the Register; (Added, 63 of 1973, s. 2)

'Separate Reserve Fund' means the reserve fund formed in respect of a
scholarship referred to in Part III of the Register; (Added, 63 of
1973, s. 2)

'Trustee' means the Director of Education as trustee of the fund.

'vesting day' means the 1st day of April, 1956.

3. (1) There is hereby established a trust fund to be known as the
Education Scholarships Fund which is vested in the Director as Trustee.

(2) The fund consists of-

(a)the moneys and assets, including any sum accumulated by
way of interest therefrom at the vesting day, the income from
which is available for payment of the scholarships referred to in
Parts I and II of the Register; (Replaced, 63 of 1973, s. 3)





(b)the moneys and assets of the scholarships referred to in Part
III of the Register; (Replaced, 63 of 1973, s. 3)

(c)any further donations at any time made to the fund and
accepted by the committee;

(d) any sum paid in accordance with section 8(2).

(3) For the purposes of this Ordinance, the person for the time being
performing the duties of the office of the Director shall be a corporation
sole and shall have the name of the -Director of Education' and shall
have perpetual succession and all moneys and assets vested in the
Trustee under this Ordinance shall be deemed to be vested in the
Director of Education without any further transfer or conveyance.

4. (1) The Trustee holds and stands possessed of the fund subject
to such direction and control by the committee as is provided in this
Ordinance and subject to and in accordance with the provisions of this
Ordinance upon trust

(a)as to the general capital, to apply the income therefrom in
payment of the scholarships referred to in Parts I and II of the
Register; (Replaced, 63 of 1973, s. 4)

(b)as to the separate capital of each of the scholarships referred
to in Part 111 of the Register, to apply the income therefrom in
payment of each scholarship in accordance with the terms laid
down by the donor of the scholarship, if any, so far as they are
not inconsistent with the provisions of this Ordinance;
(Replaced, 63 of 1973, s. 4)

(c)as to any further moneys donated to the fund and accepted by
the committee in trust to apply the income therefrom in
accordance with the terms laid down by the donor or by the
committee in accordance with section 14; (AmendW, 63 of
1973, s. 4)

(d)as to any fees paid in accordance with section 8(3), to transfer
them to the General Reserve Fund; (Replaced, 63 of 1973, s.
4)

(2) Payments out of the fund may be made only to persons who at
the date of taking their respective examinations were resident in the
Colony but may be made in respect of attendance at any educational
institution whether within the Colony or not. (Amended, 13 of 1966,
Schedule)

5. (1) There is hereby established a committee to be known as the
Education Scholarships Fund Committee.

(2) The committee shall consist of-

(a) the Director or his representative who shall be the chairman
of the committee;





(b) the Accountant General or his representative;

(c) the principal of Queen's College;

(d) the principal of King's College;

(e)such other members not exceeding two as may be appointed
by the Governor.



(3) Members appointed by the Governor shall hold office for three
years from the date of their respective appointments, and may be
reappointed 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 6 and
unless so fixed shall be three members.

6. (1) The committee may make standing orders-

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

(b) for the maintenance of good order at its meetings; and

(c)generally, for matters relating to the administration and
management of the fund and the discharge of its duties.

(2) A copy of such standing orders shall be furnished to the
Colonial Secretary and they shall be subject to disallowance by the
Governor.

(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.

7. (1) There shall be a secretary to the committee, hereinafter
referred to as the secretary, who shall be appointed by the Governor.

(2) The secretary shall summon such meetings of the committee as
may be required of which he shall give at least seven day's notice with
an agenda.

(3) The secretary shall maintain minutes of each meeting of the
committee.

8. (1) The secretary shall cause a Register of Scholarships to be
maintained and the following particulars shall be entered therein

(a) in Part 1-

(i) the names of the scholarships donated before the vesting
day in respect of which the amounts donated and the
conditions of award as laid down by the donors are unknown;

(ii) the original value of each scholarship;

(iii) the conditions of award as laid down by the committee
in respect of each scholarship;





(b) in Part II-

(i) the names of the scholarships donated before the
vesting day in respect of which the amounts donated and the
conditions of award as laid down by the donors are known,
and the names of scholarships donated and accepted after
that day under section 14(2)(a);

(ii) the moneys and assets representing the original
donation in respect of each scholarship;

(iii) the original number of awards in respect of each
scholarship;

(iv) the original value of each scholarship or of the awards
thereof;

(v) the conditions of award in respect of each scholarship;

(vi) the name of the donor; and

(c) in Part III-

(i) the Fung Ping Shan scholarship, and the names of the
scholarships donated and accepted after. the vesting day
under section 14(2)(b);

(ii) the moneys and assets representing the original
donation in respect of each scholarship;

(iii) the original number of awards in respect of each
scholarship;

(iv) the original value of each scholarship or of the awards
thereof;

(v) the conditions of award in respect of each scholarship;

(vi) the name of the donor.

(2) The secretary shall note in the Register any changes made in
respect of any scholarship under section 13 or 17.

(3) The Register shall be available for public inspection at the office
of the Director at all convenient times on payment to the fund of a fee of
5 dollars.

(Replaced, 63 of 1973, s. 5)

9. (1) There shall be a treasurer of the fund, hereinafter referred to
as the treasurer, who shall be appointed by the Governor.

(2) The treasurer shall keep full and complete accounts of the fund
and separate accounts in respect of

(a)the general capital and the General Reserve Fund of the
scholarships referred to in Parts I and II of the Register;

(b)the separate capital and the Separate Reserve Fund of each
scholarship referred to in Part III of the Register;

(c) any fees paid in accordance with section 8(3).
(Replaced, 63 of 1973, s. 6)





(3) The treasurer shall make all payments to holders of scholarships
in accordance with the directions of the Trustee. (Replaced, 19 of 1960,
s. 2)

(4) The Trustee shall cause the treasurer to prepare for every period
of twelve months ending on the 31st day of August in each year a
statement of the accounts of the fund, which statement shall include an
income and expenditure account, a balance sheet, and a statement of the
investments in respect of the separate moneys shown in each of the
accounts specified in subsection (2) and shall be signed by the Trustee.
(Replaced, 19 of 1960, s. 2)

(5) The accounts of the fund and the signed 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. (Replaced, 19 of 1960, s. 2)

(6) A copy of the signed and audited statement of account together
with the auditor's report, if any, and a report by the Trustee on the
administration of the fund during the period covered by the audited
accounts shall be laid upon the table of the Legislative Council not later
than the 28 th day of February next following the end of such period or
so soon thereafter as the Governor, in his absolute discretion, may allow.
(Added, 19 of 1960, s. 2)

10. (1) If the original donor of any moneys at any time forming part
of the fund stipulated or shall stipulate at the time when the donation is
made any particular kind of investment or gave or shall give the moneys
in the form of a particular kind of investment the Trustee may invest and
continue to hold invested such moneys in such kind of investment.

(2) The Trustee may continue to hold any investments in which
any moneys forming part of the fund are at present invested.

(3) Subject to the provisions of subsections (1) and (2), the Trustee
shall invest moneys comprised in the fund only in investments permitted
for the investment of trust funds by any enactment or in such other
investments as may be specially authorized by the committee.

(4) Moneys comprised in the fund may be remitted through the
Accountant General to the Crown Agents for investment in accordance
with subsection (3) in the name of the Trustee.

11. (1) All income from investments in the name of the Trustee and
other revenue of the fund and all uninvested moneys of the fund shall
be paid into a bank account in the name of the Trustee. (Amended, 63 of
1973, s. 7)

(2) Withdrawal from the fund shall be only by cheques signed by
the Director and either the secretary or the treasurer.





12. (1) The committee may direct the Trustee-

(a)'to transfer any income received in any year from the general
capital which is in excess of the total amount required for
payment of the scholarships referred to in Parts I and 11 of the
Register in that year to the General Reserve Fund or to apply
that income to form part of the general capital;

(b)to apply the General Reserve Fund or any part thereof to form
part of the general capital; or

(c)to apply the General Reserve Fund or any part thereof to
augment the income from the general capital in any year.

(2) The committee may direct the Trustee-

(a)to transfer any income received in any year from a separate
capital of a scholarship in Part III of the Register which is in
excess of the amount required for payment of the scholarship
for which it is applicable in that year to the Separate Reserve
Fund of such scholarship or to apply that income to form part
of the separate capital;

(b)to apply a Separate Reserve Fund of a scholarship in Part III of
the Register or any part thereof to form part of the separate
capital of such scholarship; or

(c)to apply a Separate Reserve Fund of a scholarship in Part III of
the Register or any part thereof to augment the income from the
separate capital of such scholarship in any

year. (Replaced, 63 of 1973, s. 8)

13. (1) Subject to subsection (4), the committee may in any year,
direct the Trustee--

(a)to increase or decrease the value of any scholarship or of any
award thereof; or

(b)to create an additional award of any scholarship provided that
the value of any other award of that scholarship does not
thereby fall below its original value.

(2) Where an additional award of a scholarship is created under
subsection (1)(b), the conditions of the award, which shall be specified
by the committee, may differ as to school, institution, class, form,
subject or otherwise from the conditions of any other award of that
scholarship.

(3) The committee may direct the Trustee to cancel any additional
award of a scholarship created under subsection (1)(b).

(4) The committee shall not under subsection (1) direct the Trustee
to decrease the value of any scholarship or any award thereof, or to
create any additional award thereof, without the consent of the donor of
that scholarship if he is living.

(5) Notice of any variation of the value of a scholarship or of an
award thereof or of the creation of an additional award of a scholarship
shall be given by the Director by notice published in the

Gazette. (Replaced, 63 of 1973, s. 9)





14. (1) The Trustee, in accordance with the directions of the
committee, may refuse any donation to the fund if it appears to the
committee that it would not be convenient or proper to administer
the scholarship proposed to be paid out of such donation.

(2) Any future donations to the fund accepted by the Trustee
may, at the option of the donor or if he shall not have expressed
Any wish thereon, at the option of the committee be either-
(a)applied to form part of the general capital whereupon the
scholarship payable out of such donation shall be entered
in Part H of the Register; or
(b)retained in a separate account whereupon the scholarship
payable out of such donation shall be entered in Part III
of the Register.
(Amended, 63 of 1973, s. 10)

(3) Notice of any future donations accepted under this section
shall be given by the Director by notice published in the Gazette.
(Added, 63 of 1973, s. 10)

15. (1) The committee may, in its absolute discretion, decide
that in any year there is no person eligible to be a recipient of a
scholarship and may direct that no payment is made in respect of
that scholarship during that year.

(2) If any scholarship is payable by instalments over a period
of more than one year the committee may, in its absolute discretion,
cancel the scholarship on the grounds that the person to whom the
scholarship was awarded has not made sufficient progress to justify
the continuance of payments.

(3) Any moneys remaining unpaid by reason of the provisions
of subsection (1) or (2) may be applied by the Trustee at the direction
of the committee in the same or any subsequent year to augment
future scholarships or to create an additional scholarship under the
same conditions of award as attached to the original scholarship.

16. Nothing in this Ordinance shall prevent a person receiving
payment in respect of more than one scholarship.

17. (1) If at any time it appears to the Director that it has
become impracticable or impossible to apply-
(a)the income from any part of the general capital in payment
of any of the scholarships referred to in Parts I and II of
the Register; or
(b)the income from the separate capital of a scholarship
referred to in Part III of the Register in payment of such
scholarship,

the Director may bring such fact to the notice of the committee.
(Amended, 63 of 1973, s. 11)





(2) Upon consideration of this fact the committee may decide that it
would be in the public interest to change the conditions of award of
such scholarship.

18. If in accordance with the provisions of section 17 the committee
decides that it is in the public interest to change the conditions of award
of a scholarship the secretary shall cause to be published once each and
on the same day in one English language daily newspaper and one
Chinese language daily newspaper each circulating in the Colony a
notice stating

(a)the conditions of award of the scholarship as set forth in Part
I, II or III of the Register or in respect of moneys donated to the
fund in accordance with section 4(1)(c) as stipulated by the
donor; (Amended, 63 of 1973, s. 12)

(b)that the committee proposes to change the conditions of award
of the scholarship;

(e) the proposed new conditions of award;

(d)that any person who objects to the proposal of the committee
may submit representations in writing addressed to the
secretary and delivered to him at the office of the Director
within one month of the date of publication of the notice and in
addition may appear before the committee in person at a date to
be stipulated in the notice, such date to be not less than one
month after the date of publication of the notice, to explain his
objection.

19. (1) The committee shall meet not less than one month and not
more than two months after the date of publication of the notice referred
to in section 18, and shall consider any objection to a proposal to
change the conditions of award of a scholarship and at such meeting or
at any adjournment thereof shall decide whether the conditions of award
of such scholarship should be changed and in what manner.

(2) If at such meeting the committee shall decide to change the
conditions of award of a scholarship it shall make an order changing
such conditions.

(3) Such order shall be published in the Gazette under the hand of
the Director.

(4) Upon publication of such order the Trustee shall thereupon
.hold the moneys vested in him in respect of such scholarship upon trust
to apply the income therefrom in payment of such scholarship in
accordance with such altered conditions of award. (Amended, 63 of
1973, s. 13)





20. The power of alteration of the conditions of award contained in
sections 17, 18 and 19 shall be exercised in accordance with the cy pre's
rule and shall include a power to combine any two or more scholarships
and to divide any scholarship.

21. The cost of administering the fund shall be paid out of the
general revenue of the Colony.

1

22. 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.
Originally 67 of 1955. 8 of 1956. 19 of 1960. 13 of 1966. 63 of 1973. Short title. Interpretation. G.N. 157/56. Establishment and vesting of fund. Objects of the trust fund. Establishment of committee. Standing orders of committee. Secretary. Register of scholarships. Treasurer and auditor. Investment. Payments into and out of the fund. Disposal of excess income and reserve funds. Variation of value of scholarship and creation of additional award. Future donations to fund. Postponement of payment of scholarship. Saving. Change of conditions of award of scholarship. Notice of change of conditions of award. Determination of change of condition of award. Restriction of change of conditions of award. Cost of administration. Saving of rights of the Crown.

Originally 67 of 1955. 8 of 1956. 19 of 1960. 13 of 1966. 63 of 1973. Short title. Interpretation. G.N. 157/56. Establishment and vesting of fund. Objects of the trust fund. Establishment of committee. Standing orders of committee. Secretary. Register of scholarships. Treasurer and auditor. Investment. Payments into and out of the fund. Disposal of excess income and reserve funds. Variation of value of scholarship and creation of additional award. Future donations to fund. Postponement of payment of scholarship. Saving. Change of conditions of award of scholarship. Notice of change of conditions of award. Determination of change of condition of award. Restriction of change of conditions of award. Cost of administration. Saving of rights of the Crown.

https://oelawhk.lib.hku.hk/items/show/3560

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