DIRECTOR OF EDUCATION INCORPORATION ORDINANCE

DIRECTOR OF EDUCATION INCORPORATION ORDINANCE

LAWS OF HONG KONG

DIRECTOR OF EDUCATION INCORPORATION

ORDINANCE

CHAPTER 1098





CHAPTER 1098

DIRECTOR OF EDUCATION INCORPORATION

To provide for the incorporation of the Director of Education, and for matters

connected therewith.

[23rd September 19601

Originally 41 of 1960 R. Ed. 1964; 21 of 1989

1 . Short title

This Ordinance may be cited as the Director of Education Incorporation
Ordinance.

2. Director of Education constituted a corporation sole

The person for the time being performing the duties of the office of Director of
Education shall be a corporation sole, hereinafter called the corporation, and shall
have the name of the 'Director of Education 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 and may use 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 subject to the prior approval of the Chief Secretary may act as
trustee of any trust created for purposes or objects connected with education or
with the work of the Education 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 cerficate 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
August 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
Education 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 28 February 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 account and the
report thereon, if any, are received by the corporation from the Director of
Audit.
(Added21 of 1989 s. 2)

https://oelawhk.lib.hku.hk/items/show/3574

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