LI PO CHUN CHARITABLE TRUST FUND ORDINANCE ORDINANCE

LI PO CHUN CHARITABLE TRUST FUND ORDINANCE ORDINANCE

LAWS OF HONG KONG

LI PO CHUN CHARITABLE TRUST

FUND ORDINANCE

CHAPTER

APTER 1110





CHAPTER 1110

LI PO CHUN CHARITABLE TRUST FUND ORDINANCE

ARRANGEMENT OF SECTIONS

Section................................... Page

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

2. Interpretation ......................2
3. Establishment of fund ...............2

4. The trustee ...................................................................................................................
.........................................3
5. Administration of the fund
.................................................................... 3

6. The trust ...........................4
7. Investments .........................4
8. Rules ...............................4
9. Express powers of committee .........5
10. Determination of questions at meeting 5
11. Accounts ............................5
12. Cost of administration ..............6
13. Servants and advisers ...............6
14. Saving ..............................6

Schedule. Application of income allocated for educational purposes 6





CHAPTER 1110

LI PO CHUN CHARITABLE TRUST FUND

To provide for the establishment and administration of a trust fund to be

known as the Li Po Chun Charitable Trust Fund and for the purposes
connected therewith.

[8 November 1963]

Originally 34 of 1963 L.N. 22 of 1969, L.N. 15 of 1970, 104 of 1970, L.N. 16 of 1977, L.N. 67 of

1985, LN. 68 of 1985, 48 of 1989, 49 of 1989, L.N. 262 of 1989, L.N. 263 of 1989

1. Short title

This Ordinance may be cited as the Li Po Chun Charitable Trust Fund
Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires-

'committee' means the Li Po Chun Charitable Trust Fund Committee

established in accordance with the provisions of section 5;
'fund' means the Li Po Chun Charitable Trust Fund;

'member' means a member of the committee;
'trustee' means the Secretary for Home affairs Incorporated as trustee of the
fund. (AmendedL.N. 68 of 1985; L.N. 263 of1989)

3. Establishment of fund

(1) There is hereby established a trust fund to be known as the Li Po Chun
Charitable Trust Fund which shall consist of the shares donated by Li Po Chun to
the Government, together with any interest thereon which shall have accrued prior
to the commencement of this Ordinance and together with such further moneys and
assets as may from time to time be donated to the fund and accepted by the
committee, or any investments from time to time representing any such moneys and
together with such interest and income derived from any such moneys and assets.

(2) The committee may, from time to time, solicit and accept on behalf of the
trustee donations and bequests to the fund:

Provided that it shall be a condition of the acceptance by the committee of any
further donations to the fund that the name of the fund shall remain unchanged.





4. The trustee

(1) The fund is hereby vested in the Secretary for Home Affairs In-
corporated, a body corporate/incorporated under and by virtue of the Secretary
for Home Affairs Incorporation Ordinance (Cap. 1044), as trustee. (Amended
L.N. 67 of 1985; L.N. 68 of 1985; L.N. 262 of 1989; L.N. 263 of 1989)
(2) The trustee shall hold the fund upon the trusts and with and subject to
the powers and provisions hereinafter contained in this Ordinance.

5. Administration of the fund

(1) The fund shall be administered by a committee to be known as the Li
Po Chun Charitable Trust Fund Committee which shall consist of-
(a)the Secretary for Home Affairs who shall be the chairman of the
committee; (Amended L.N. 67 of 1985; L.N. 262 of 1989)
(b)a son of Li Po Chun who shall be appointed by the Governor;
and
(e) not more than 4 other members appointed by the Governor.
(2) The son of Li Po Chun appointed by the Governor under sub-
section (1)(b) may-
(a)by deed appoint any descendant of Li Po Chun in his stead as a
member of the committee during his lifetime; or
(b)by will appoint any such descendant as such member from the
day of his death.
(3) The right to nominate a person as a member of the committee,
conferred by subsection (2), may be passed on by any person appointed
thereunder to another person who may similarly pass on such right.
(4) Subject to subsection (5), no person shall be appointed as a member
of the committee under subsection (2) or (3) unless he is a descendant of Li
Po Chun.
(5) If at any time any son or descendant of Li Po Chun, appointed as a
member of the committee under subsection (1), (2) or (3), shall retire or die or
be removed under the provisions of subsection (6) without having by deed or by
will appointed another descendant of Li Po Chun to take his place as a member
of the committee, the power of appointment shall vest in the Governor, who
may appoint as a member-
(a) a descendant of Li Po Chun; or
(b)if no descendant of Li Po Chun is resident in the Colony and
willing to be a member, any other person for so long only as no
descendant of Li Po Chun is resident in the Colony and willing to
be a member.
(6) A member appointed by the Governor under subsection (1)(c) shall
hold office for 3 years from the date of his appointment and may be
re-appointed.





(7) A member, other than the Secretary for Home Afrairs, may be removed by
the Governor at any time, and shall cease to be a member if he shall be convicted of
an offence punishable with imprisonment for a period exceeding 12 months, or shall
be adjudged bankrupt or make a composition or arrangement with his creditors or
become of unsound mind. (Amended L.N. 67 of 1985; L.N. 262 of 1989)

(8) The quorum necessary for the transaction of the business of the committee
may be fixed by rules made under section 8 and, unless so fixed, 4 members shall
form a quorum.

(Replaced 104 of 1970 s. 2)

6. The trust

(1) The trustee shall, at the direction of the committee, apply

(a)the income of the fund, in such proportions as the committee may in
its discretion decide

(i)for educational purposes in accordance with the Schedule; and

(ii) for payment to the Director of Social Welfare for use by him for
the relief of distress in cases for which no adequate assistance
is available from other sources; and

(b)the capital of the fund for such educational purposes, including the
establishment or endowment of educational institutions in Hong
Kong, as the committee may in its discretion decide. (Replaced 49 of
1989 s. 2)

(2) Notwithstanding subsection (1), the committee may invest any part of the
income of the fund as capital, the income from which shall thereafter form part of the
income of the fund.

(Replaced 104 of 1970 s. 3)

7. Investments

The trustee may invest any moneys of the fund including the proceeds of the
realization of any of the shares donated as aforesaid in such investments, whether
or not such investments are trust investments, as the committee may advise.

(AmendedL.N. 16 of 19 77; 48 of 1989 s. 2)

8. Rules

(1) The committee may make rules providing for

(a)its procedure in the transaction of business and the maintenance of
good order at meetings; and





(b)generally all matters relating to the administration and management
of the fund and the discharge of the duties of the committee.

(2) A copy of every rule made in accordance with the provisions of subsection
(1) shall be furnished to the Chief Secretary and any such rule shall be subject to
disallowance or amendment at any time by the Governor.

9. Express powers of committee

(1) The committee shall have power to write off from the moneys of the fund
any sums which the committee finds to be irrecoverable.

(2) Save as is provided in section 6(1) and (2), the committee shall not have
power to apply or to direct that the trustee should apply any of the capital funds of
the trust as income or for any other purpose. (Amended 49 of 1989 s.3)

10. Determination of questions at meeting

All questions which may arise at any meeting of the committee shall be decided
by a majority of votes by members present and, in the case of equality of votes, the
chairman shall have a casting vote in addition to his original vote:

Provided that in any case in which the committee is equally divided in opinion
without the casting vote of the chairman, any 3 members of the committee may
demand that the point be referred to the Governor for his decision and in such event
the decision of the Governor shall be final.

11. Accounts

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

(2) The accounts of the fund and the signed statement of accounts shall be
audited by the Director of Audit who shall certify that 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
report, if any, of the Director of Audit 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 28 February next
following the end of such period, or so soon thereafter as the Governor, in his
absolute discretion, may allow.





12. Cost of administration

The cost of Administering the fund other than the salaries and fees paid under
the provisions of section 13(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.

13. Servants and advisers

(1) The committee may appoint upon such salary and upon such terms as it
may think proper such servant as it may think necessary for the purpose of carrying
out the provisions of this Ordinance, and may employ any professional person to
advise it on any matter arising out of or in connection with such provisions.

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

14. Saying

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.

SCHEDULE [s. 61

APPLICATION OF INCOME ALLOCATED
FOR
EDUCATIONAL PURPOSES

1. Application

Income ofthe fund allocated for the purposes of section 6(1)(a) shall be applied as specified
in this Schedule.

2. Post-graduate award

(1) One scholarship may be awarded in each year to a graduate of a university established in
Hong Kong to assist in the payment of the education, travelling expenses, and maintenance in
the United Kingdom for the purposes of post-graduate training for a period not exceeding 2
years.

(2) The holder of a scholarship awarded under subparagraph (1) shall be selected by a
selection board appointed by the Director of Education.

(3) A scholarship awarded under this paragraph may be terminated at the end of 1 year
unless the Director of Education is satisfied as to the progress and conduct of the scholar.





(4) No graduate of a university in Hong Kong shall be eligible for an award under this
paragraph unless he

(a) is resident in Hong Kong at the date of the award; and

(b) does not concurrently hold any other award.

3. Li Po Chun
Scholarships

(1) From any balance remaining after making provision for the scholarship referred to in
paragraph 2, the committee may award scholarships (to be known as Li Po Chun Scholarships)
for the education of students resident in the Colony, in accordance with the provisions of this
paragraph.

(2) Not more than 7 scholarships may be awarded in each year to students in each of the
following schools

(a) King's College;

(b) Queen's College;

(c) Queen Elizabeth School;

(d) Belilios Public School.

(3) A scholarship awarded under subparagraph (2) shall be tenable for such period as the
committee may determine.

(4) Such number of scholarships as the committee may decide may be awarded in each year
to students in the University of Hong Kong and The Chinese University of Hong Kong selected
by the Registrars thereof.

(5) A scholarship awarded under subparagraph (4) shall, subject to the Registrar of the
University concerned being satisfied as to the progress and conduct of the scholarship holder, be
tenable for not more than

(a) 3 years in the case of the University of Hong Kong; and

(b) 4 years in the case of The Chinese University of Hong
Kong.

(6) A scholarship granted under subparagraph (4) may be extended by the committee for
longer than

(a) 3 years in the case of the University of Hong Kong; and

(b) 4 years in the case of The Chinese University of Hong Kong.

(7) Such number of scholarships as the committee may decide, may be awarded in each year
to students in secondary schools, who are selected by the Director of Education. (Replaced 49 of
1989s.4)

(8) A scholarship awarded under subparagraph (7) shall be tenable for such period as the
committee may determine.

4. Other educational
purposes

Any balance remaining after making provision for the scholarships referred to in paragraphs
2 and 3, may be applied for such educational purposes as the committee may in its discretion
from

time to time decide.(Replaced 49 of1989 s.4)

https://oelawhk.lib.hku.hk/items/show/3587

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