EMERGENCY RELIEF FUND ORDINANCE

EMERGENCY RELIEF FUND ORDINANCE

LAWS OF HONG KONG

EMERGENCY RELIEF FUND ORDINANCE

CHAPTER 1103





CHAPTER 1103

EMERGENCY RELIEF FUND

To make provision for the establishment of a trust fund to be known as the
Emergency Relief Fund and for the due administration thereof and for
purposes connected with the matters aforesaid.

(Amended 65 of 19 73 s. 2)

[5 June 1962]

Originally 17 of 1962, 17 of 1964 - L.N. 22/69, 65 of 1973, L.N. 94/74, L.N. 226/76, L.N.
16/77, L.N. 370/81, L.N. 297/82, R. Ed. 1982, 38 of 1988)

Preamble

WHEREAS

(a)in response to appeals made from time to time, members of the public
donated sums of money for the aid and relief of persons who suffered loss
as a result of Typhoon Mary, the Hung Hom Valley Hill fire, the Yuen Long
floods and the New Kowloon Squatter Area fire, and for the establishment
of a fund for community relief;

(b)sums of money have been paid thereout for the attainment of the objects
of the funds referred to in the first recital and various balances remain;

(c)it is considered expedient to establish a single fund to be applied for
objects similar to and to include those referred to in the first recital and to
vest the said balances together with any further sums which may be
donated for these objects in the Director of Social Welfare Incorporated as
trustee, and to provide for the administration of the said fund by a
committee appointed for that purpose: (Amended 65 of 1973 s.3)

Short title

1. This Ordinance may be cited as the Emergency Relief Fund Ordinance.

(Amended 65 of 1973 s. 4)

Interpretation

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

'committee' means the committee appointed under section 5.

Establishment and vesting of fund

3. (1) There is hereby established a trust fund which is vested in the Director of
Social Welfare Incorporated as trustee. The fund shall be known as

the Emergency Relief Fund.(Amended 65 of 1973 s. 5)





(2) The fund shall consist of the balances of the sums of money referred to in
the preamble on 15 June 1962, together with such other moneys and assets as may
from time to time be donated to or acquired by the trustee on the trusts hereinafter
set out.

Objects of the trust fund

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 advise for the
following objects

(a)to make grants and loans to persons who appear to the committee to be in
need thereof as a result of fire, flood, tempest, typhoon or other
occurrence which has caused suffering or loss to an extent which, in the
opinion of the committee, merits relief,

(b)in the like circumstances to provide material assistance in whatever form
appears to the committee to be just.

Establishment of committee

5. (1) There shall be established a committee to be known as the Emergency
Relief Fund Committee. (Amended 65 of 1973 s. 6)

(2) The committee shall consist of-

(a) the Director of Social Welfare as ex officio member and chairman;

(b) the Director of Housing as ex officio member;

(c) the Secretary for District Administration, as ex officio member;

(d) 2 or more other members not being public servants appointed by the
Governor:

Provided that the Secretary Dirstrict Administration and the Director of

Housing, may each appoint a representative to perform their functions at any
meeting. (AmendedL.N. 94/74; L.N. 370/81; L.N. 297/82; 38 of 1988s.2)

(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.

(5) The validity of any proceedings of the committee shall not be affected by
any vacancy among the members thereof or by any defect in the appointment of
any member thereto.

Control by committee

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





Standing orders

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

(e)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, alteration or amendment by the Governor.
(AmendedL.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.

Appointment of officers

8. (1) The committee may from time to time appoint, upon such salary and upon
such terms as it may think proper, a secretary, a 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 connection
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.

Investment of moneys

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
advise, subject, in the case of investments which are not trust investments, to the
prior approval of the Financial Secretary and may remit moneys comprised in the
fund through the Director of Accounting Services to the Crown Agents for
investment in the name of the trustee.

(AmendedL.N. 16/77)

Accounts

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 31
March in each year, a statement of the accounts of the fund, which statement shall
include an income and expenditure account and balance sheet and shall be signed
by the trustee.

(2) 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.

(3) A copy of the signed and audited statement of accounts 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 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, in his absolute
discretion, may allow. (Amended 38 of 1988 s. 3)

Cost of administration of the fund

11. 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 Hong Kong:

Provided that the Financial Secretary may direct that an annual super-
vision fee to be determined by him shall be charged against the income of the
fund and paid into the general revenue of Hong Kong.
(Amended 38 of 1988 s. 4)

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