POLICE EDUCATION AND WELFARE TRUST ORDINANCE

POLICE EDUCATION AND WELFARE TRUST ORDINANCE

LAWS OF HONG KONG

POLICE EDUCATION AND WELFARE TRUST

ORDINANCE

CHAPTER 1120





CHAPTER 1120.

POLICE EDUCATION AND WELFARE TRUST.

To establish a. trust fund for providing assistance in, and facilities for,
the general education of the children of police officers of all ranks.
including auxiliary police. and for welfare purposes of general
benefit to all such police officers, andfor the due. administration of
such fund and for purposes connected with the matters aforesaid.

[1st December, 1967.]

1. This Ordinance may be cited as the Police Education and
Welfare Trust Ordinance.

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

'Commissioner' means the Commissioner of Police;

'committee' means the committee established under section 6;

'fund' means the trust fund established by section 3;

'trustee' means the Commissioner as trustee of the fund;

'vesting day' means the date of commencement of this Ordinance.

3. (1) There is hereby established a trust fund to be known as the
Police Education and Welfare Trust.

(2) The trustee shall hold the fund upon the trusts and subject to
the provisions contained in this Ordinance.

(3) The fund shall consist of-

(a) the balance on the vesting day of the moneys donated by
the Royal Hong Kong Jockey Club on the 27th day of
May 1967 primarily for assisting in the education of the
childrean of police officers of all ranks of the Hong Kong
Police Force and the Hong Kon Auxiliary Police Force
and also for other welfare purposes of general benefit to
both Forces;

(b)such other assets as may have been acquired before the
vesting day by the use of any moneys so donated; and

(c)such further moneys and assets as may, on or after the vesting
day, be

(i) donated, subscribed or bequeathed to, and accepted by,
the trustee; or

(ii) otherwise acquired by the trustee.

4. (1) For the purposes of this Ordinance, the person for the time
being performing the duties of the office of the Commissioner shall be
the trustee of the fund and shall be a corporation sole (in this section
called the corporation) and shall have the





name 'The Trustee of the Police Education and Welfare Trust', and in
that name shall have perpetual succession and may sue and be sued in
any court.

(2) The corporation shall have a common seal and the affixing of
the seal shall be authenticated by the signature of the trustee.

(3) 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.

5. The trustee shall apply the fund in such manner as the
committee may direct for the following objects

(a) the provision of assistance in, and facilities for, the general
education of the children of police officers of all ranks of
the Hong Kong Police Force and of the Hong Kong
Auxiliary Police Force;

(b)the provision for any such children, who appear to the
committee to be deserving, of opportunities for the furtherance
of studies; and

(c)welfare purposes of general benefit to some or all members of
either or both such Forces.

6. (1) The fund shall be managed by a committee to be known as
the Police Education and Welfare Trust Committee.

(2) The committee shall consist of-

(a) a Chairman, appointed by the Governor;

(b) the Commissioner, or his representative;

(c) the Director of Education, or his representative;

(d) a police welfare officer, appointed by the Commissioner;

(e)a representative of police officers below the rank of inspector,
appointed b the Governor;



(f) a representative of the Kong Auxiliary Police Force, nominated
by the Commandant thereof, and appointed by the Governor;
and

(g)such other members, not exceeding ten, as may be appointed
by the Governor.

(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
reappointed or removed by the Governor.

(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 seven members.





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 its meetings; and

(c)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 every such standing order shall be furnished to the
Colonial Secretary and every such order shall be subject to amendment
by the Governor.

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 matter arising out of or in connexion with the
trusts.

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

9. (1) 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 Investment Advisory
Board and may remit moneys comprised in the fund through the
Accountant General to the Crown Agents for investment in the name of
the trustee.

(2) The Governor shall, for the purposes of subsection (1), appoint
an Investment Advisory Board, which shall consist of not less than
three nor more than five persons.

10. (1) The trustee shall cause proper accounts to be kept of all
transactions of the fund and shall cause to be prepared, in respect of
the period from the vesting day to the 31st day of March 1968, and
thereafter in respect of every period of one year ending on the 31st day
of March, 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 the 30th day of September next following the end
of such period, or so soon thereafter as the Governor may allow.

11. (1) The cost of the administration of the fund, other than the
salaries and fees paid under subsection (2) of section 8, shall be a
charge upon 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.

(2) The fee charged under the proviso to subsection (1) shall-

(a)be in respect of the period from the vesting day to the 31st
day of March 1968, and thereafter in respect of every period of
one year ending on the 31st day of March; and

(b)not exceed two and a half per cent of the income. of the fund
over the relevant period.

12. 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 69 of 1967. Short title. Interpretation. Establishment and vesting of fund. Incorporation of the Commissioner as trustee. Objects and application of the fund. Establishment of committee. Standing orders. Appointment of officers and advisers. Investment of moneys. Accounts. Costs of administering the fund. Saving.

Originally 69 of 1967. Short title. Interpretation. Establishment and vesting of fund. Incorporation of the Commissioner as trustee. Objects and application of the fund. Establishment of committee. Standing orders. Appointment of officers and advisers. Investment of moneys. Accounts. Costs of administering the fund. Saving.

https://oelawhk.lib.hku.hk/items/show/3598

1964

v27

1120

5