DIRECTOR OF SOCIAL WELFARE INCORPORATION ORDINANCE

DIRECTOR OF SOCIAL WELFARE INCORPORATION ORDINANCE

LAWS OF HONG KONG

DIRECTOR OF SOCIAL WELFARE

INCORPORATION

CHAPTER 1096





CHAPTER 1096

DIRECTOR OF SOCIAL WELFARE INCORPORATION

To provide for the incorporation of the Director of Social Welfare, and for matters
connected therewith.

[6 February 19591

Originally 4 of 1959 R. Ed. 1964, 20 of 1989

1. Short title

This Ordinance may be cited as the Director of Social Welfare Incorporation
Ordinance.

2.Director of Social Welfare constituted
a corporation sole

The person for the time being performing the duties of the office of Director of
Social Welfare shall be a corporation sole, hereinafter called the corporation, and
shall have the name of the Director of Social Welfare Incorporated and in that name
shall have perpetual succession.

3.Seal of corporation and authentication thereof,
and instruments executed thereunder

(1) The corporation shall have a common seal and the affixing of the seal shall
be authenticated by the signature of the occupant of the corporation for the time
being.

(2) Any instrument purporting to be an instrument duly executed under the
seal of the corporation shall be received in evidence and shall, unless the contrary
is proved, be deemed to be an instrument so executed.

4. Power of corporation to act as trustee, etc.

The corporation may act as trustee of any trust created for the benefit of
persons in the care of the Social Welfare Department or of any trust created in
connection with the work of the said Department and may acquire, take on lease,
purchase, hold, hire and enjoy any movable or immovable property and may
dispose of the same.





5. Power to invest trust funds

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

Provided that where the occupant of the corporation for the time being
considers it impracticable for any reason whatsoever for any such trust funds to be
so invested, the corporation may deposit such trust funds in any bank or savings
bank approved by the Governor either generally or in any particular case.

(2) The powers conferred on the corporation by subsection (1) are in addition
to the powers (if any) conferred by any trust but shall apply only if and so far as a
contrary intention is not expressed in any term of any trust, and shall have effect
subject to any such term.

6. Property of corporation to pass to its successors

Where any property or interest therein is vested in the corporation, the same
shall, unless and until otherwise disposed of by the corporation, pass and devolve
to and vest in the successors from time to time of the corporation.

7. Certificate as to occupant of 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 as to the person who is or was such
occupant.

8. 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 Director of Social
Welfare 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.
(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 20 of 1989 s. 2)

https://oelawhk.lib.hku.hk/items/show/3572

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