CORRECTIONAL SERVICES CHILDREN'S EDUCATION TRUST ORDINANCE

CORRECTIONAL SERVICES CHILDREN'S EDUCATION TRUST ORDINANCE

LAWS OF HONG KONG

CORRECTIONAL SERVICES CHILDREN'S

EDUCATION TRUST ORDINANCE

CHAPTER 1131





CHAPTER 1131

CORRECTIONAL SERVICES CHILDREN'S
EDUCATION TRUST

To establish a trust fund for providing assistance in, and facilities for,
the higher education of the children of employees below officer
rank of the Correctional Services Department, for the education
and training of handicapped children of such employees andfor
the due administration of such fund andfor purposes connected
with the matters aforesaid.

[1 July 1981]

1. This Ordinance may be cited as the Correctional Services
Children's Education Trust Ordinance.

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

'Assistant Officers and equivalent grades- means any person employed
in the Correctional Services Department below officer rank and
includes common and general grade staff,

'Commissioner' means the Commissioner of Correctional Services;

'Committee' means the committee established under section 6;

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

'higher education' means post-primary education or any education of a
professional, technological, academic or other nature not below
the standard of post-primary education;

'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
Correctional Services Children's Education 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
members of the public to the fund set up and opened to
subscription on 18 March 1983 with the object of providing
assistance for the higher education of the children of
Assistant Officers and equivalent grades of the Correctional
Services Department and for the education and training of
handicapped children of such officers;

(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 for the purposes of the fund; or

(ii) otherwise acquired by the trustee for the purposes of
the fund.

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 e fund and shall be a corporation sole (in this section
called 'the corporation') and shall have the name 'The Trustee of the
Correctional Services Children's Education 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.

-1 (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, in its absolute discretion, direct for the following
objects'-;

(a)the provision of assistance in, and facilities for, the higher
education of the children of Assistant Officers and equivalent
grades and for purposes ancillary thereto;

(b)the provision of assistance in, and facilities for-, the education
and training of handicapped -children of Assistant Officers
and equivalent grades; and

(c)the provision for any such children of opportunities for the
furtherance of such studies,. education and training.

6. (1) The fund shall be managed by a committee to be known 'a's
the Correctional Services Children's Education 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)the Correctional Services Welfare officer, appointed by the
Commissioner;

(e)such representative of the Assistant Officers and equivalent
grades as may be appointed by the Governor;





such other members, not exceeding 2, 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 the Chairman and 2 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
Chief Secretary and every such order shall be subject to amendment by
the Governor.

8. The committee may from time to time appoint. upon such terms
as it may think proper, an Honorary Secretary. an Honorary Treasurer,
and such other Honorary officials as it may think necessary for the
purpose of carrying out the trusts.

9. (1) The trustee may invest any moneys of the fund in such
investment authorized for the investments of trust funds by the Trustee
Ordinance as the committee may advise.

(2) The Governor may appoint an Investment Advisory Board,
which shall consist of not less than 3 nor more than 5 persons and in
the event of such Investment Advisory Board being appointed the
trustee may, subject to the prior approval of the Investment Advisory
Board, invest any moneys of the fund in investments, which are not
investments authorized for the investment of trust funds, as the
committee may advise.

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 31 August 1983, and thereafter in
respect of every period of one year ending on 31 August, 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 and the Chairman.

(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 cover ed by the
audited accounts shall be laid on the table of the Legislative Council
within 3 months of the receipt by the trustee of the signed and
audited statement of accounts from the auditor appointed under
subsection (2), or so soon thereafter as the Governor may allow.

11. (1) The cost of the administration of the fund shall be a charge
upon the general revenue of Hong Kong:

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 Hong Kong.

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

(a)be in respect of the period from the vesting day to 31 August
1983, and thereafter in respect of every period of one year
ending on 31 August; 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 person except such as
are mentioned in this Ordinance and those claiming by, from or under
them.
Originally 34 of 1983 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 Investment of moneys Accounts Costs of administering the fund Saving

Originally 34 of 1983 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 Investment of moneys Accounts Costs of administering the fund Saving

https://oelawhk.lib.hku.hk/items/show/3609

1964

v27

1131

5