An Ordinance to establish the Lord Wilson Heritage Trust and to provide for its administration and related matters.
[18 December 1992]
(Format changes—E.R. 2 of 2020)
(Enacting provision omitted—E.R. 2 of 2020)
This Ordinance may be cited as the Lord Wilson Heritage Trust Ordinance.
In this Ordinance, unless the context otherwise requires—
Board of Trustees (受託人委員會) means the Board of Trustees of the Lord Wilson Heritage Trust established by section 4; Council (理事會) means the Council of the Lord Wilson Heritage Trust established under section 7; objects of the Trust (信託的宗旨) means the objects specified in section 3(3); (Amended E.R. 2 of 2020) Trust (信託) means the Lord Wilson Heritage Trust established by section 3(1); Trust assets (信託資產) means the assets of the Trust specified in section 3(2); Trust capital (信託資本) means Trust assets other than Trust income; Trust income (信託收益) means moneys—(a)earned from the investment of Trust assets;(b)generated by the letting or other use of Trust property or by other activities undertaken by the Board of Trustees or by the Council for promoting the objects of the Trust; or(c)subscribed to the Trust on a recurrent basis.There is established a trust to be known as the “Lord Wilson Heritage Trust”.
The assets of the Trust shall consist of—
all moneys and property donated, subscribed or bequeathed before the commencement* of this Ordinance in anticipation of the establishment of the Trust, together with any moneys earned therefrom;
such other moneys and property as may, on or after the commencement* of this Ordinance, be donated, subscribed or bequeathed to the Trust and accepted by, or otherwise acquired by the Board of Trustees for the Trust; and
Trust income accumulated under section 6(1)(c).
The objects of the Trust are the preservation and conservation of the human heritage of Hong Kong.
There is established a body corporate with perpetual succession to be known as the “Board of Trustees of the Lord Wilson Heritage Trust” which may in that name sue and be sued.
The Board of Trustees shall consist of—
a Chairman appointed by the Chief Executive;
the Secretary for Culture, Sports and Tourism, or his representative, as ex officio member; (Amended L.N. 372 of 1996; 32 of 2000 s. 48; L.N. 144 of 2022)
not fewer than 10 nor more than 14 other members appointed by the Chief Executive. (Amended 59 of 2000 s. 3)
The Board of Trustees shall be the trustee of the Trust.
The Board of Trustees shall have a common seal the fixing of which shall be—
authorized or ratified by resolution of the Board of Trustees; and
authenticated by the signature of any 2 members of the Board of Trustees authorized by the Board either generally or specially to act for that purpose.
The Board of Trustees shall hold the Trust assets upon trust to apply the same, in such proportions as the Board of Trustees may determine—
for promoting the objects of the Trust;
for the purpose of investment.
After provision has been made for fees and expenses payable under section 10, the Trust income for a financial year may be applied either for promoting the objects of the Trust or for the purpose of investment.
Trust capital may be applied—
for promoting the objects of the Trust, subject to the written consent of the Chief Executive in respect of each application; (Amended 59 of 2000 s. 3)
for the purpose of investment, in such manner as the Board of Trustees may determine.
The Board of Trustees may—
invest Trust assets in such investments as it thinks fit, whether or not such investments are in Hong Kong or are authorized by section 4 of the Trustee Ordinance (Cap. 29);
borrow money in such manner, on such terms and against such security as the Board of Trustees thinks expedient;
accumulate Trust income not applied under section 5(2) or paid under section 10;
acquire, by gift, purchase or other means, property whether or not subject to any mortgage, easement or other charge, and hold and sell, let or otherwise dispose of such property either for promoting the objects of the Trust or for the purpose of investment.
The Board of Trustees may accept donations of money or property intended for promoting the objects of the Trust, but shall have the right to refuse such donations.
For the purpose of promoting the objects of the Trust, the Board of Trustees may—
make grants to any person or body, public or private;
subject to any law relating to the lending of money at interest, lend money to any person or body, public or private;
lend, for payment or otherwise, movable property to any person or body, public or private;
employ any person or body to manage any property held by the Board of Trustees for promoting the objects of the Trust, or to act as caretaker or tour guide at such property or elsewhere;
employ such librarians, editors, conservators, researchers, curators, public relations officers and other professional or non-professional staff as may be appropriate.
The Board of Trustees may from time to time delegate to the Council all or any of its powers under subsection (3) and where it does so the provisions of section 8(3) shall apply.
There shall be a Council to be known as the “Council of the Lord Wilson Heritage Trust”.
The Council shall consist of—
a Chairman appointed by the Chief Executive;
the Deputy Secretary for Culture, Sports and Tourism, or his representative, as an ex officio member; (Amended L.N. 427 of 1996; L.N. 362 of 1997; L.N. 192 of 1998; L.N. 206 of 1998; L.N. 144 of 2022)
not fewer than 5 nor more than 8 other members appointed by the Chief Executive. (Amended 59 of 2000 s. 3)
The functions of the Council shall be—
at the request of the Board of Trustees, to provide the Board of Trustees with advice on ways and means of promoting the objects of the Trust;
on behalf of the Board of Trustees, to promote the objects of the Trust by all or any of the following means—
the identification, restoration and refurbishment of relics, antiquities and monuments within the meaning of the Antiquities and Monuments Ordinance (Cap. 53) and of other historical, archaeological and palaeontological objects, sites or structures in Hong Kong;
the provision of facilities at antiquities and monuments and at other sites or structures as described in subparagraph (i) in order to assist public access to and appreciation of such sites or structures;
the aural, visual and written recording of sites of historic interest, traditional ceremonies and other aspects of the human heritage of Hong Kong;
the publication of books, papers and periodicals, and the production of tapes, discs and other articles relating to the objects of the Trust;
the holding of exhibitions and conferences relating to the objects of the Trust;
such educational activities as the Council considers will increase public awareness of and interest in the human heritage of Hong Kong;
any other activity, whether of a kind described above or otherwise, which the Council considers will promote the objects of the Trust.
Subject to subsection (3), all such powers are hereby conferred on the Council as are reasonably necessary to enable it to perform the functions specified in subsection (1)(b).
In respect of any powers delegated to the Council by the Board of Trustees under section 6(4) or conferred on the Council by subsection (2) of this section—
the Board of Trustees shall—
specify the maximum sums available for the exercise of those powers;
make funds available to the Council up to those maxima as required from time to time;
give to the Council such general or specific directions relating to the exercise of those powers as the Board of Trustees may think fit;
the Council shall be bound by—
decisions of the Board of Trustees as to the maximum sums available for the exercise of those powers;
any general or specific directions relating to the exercise of those powers which may be communicated to the Council in writing by the Board of Trustees.
The Board of Trustees may employ any person or body—
to advise it on any matter arising out of or in connection with its functions;
to manage the investment of the Trust assets, or any property held by the Board of Trustees for the purpose of investment.
The Council may employ any person or body to advise it on any matter arising out of or in connection with its functions.
Any person or body employed under subsection (1)(b) shall act in accordance with such general or specific directions as the Board of Trustees may give in writing from time to time.
There shall be paid out of Trust income, unless waived—
all fees and expenses of any person or body employed by the Board of Trustees under section 9(1) or by the Council under section 9(2) or appointed as auditor under section 13(2);
the reasonable travelling and accommodation expenses of any member of the Board of Trustees or of the Council who is not a resident of Hong Kong and who is required to travel to Hong Kong for the purpose of attending any meeting of the Board or of the Council respectively.
A person appointed under this Ordinance shall hold office for such period as may be specified in the appointment but may be removed by the Chief Executive at his discretion.
The Chief Executive shall give notice in the Gazette of any appointment under this Ordinance.
A person appointed under this Ordinance may resign by giving written notice to the Chief Executive.
A person whose appointment expires or who resigns may be reappointed.
(Amended 59 of 2000 s. 3)
The Board of Trustees and the Council may transact any business by circulation of papers, and a resolution in writing which is approved in writing by a majority of members shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees or of the Council respectively.
Sections 51 and 52 of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply to the Board of Trustees and to the Council as they apply to a committee.
Subject to subsections (1) and (2), the Board of Trustees and the Council may each regulate its own proceedings.
The Board of Trustees shall keep proper books of account and records of the financial transactions of the Trust and shall prepare for each financial year a statement of the accounts of the Trust, which statement shall include an income and expenditure account and a balance sheet and shall be signed by the Chairman of the Board of Trustees.
The Board of Trustees shall each year appoint an auditor of the accounts of the Trust.
The signed statement of the accounts of the Trust shall be submitted by the Chairman of the Board of Trustees to the auditor appointed under subsection (2) within 6 months after the end of the financial year to which it relates or within such longer period as the Chief Executive may allow. (Amended 59 of 2000 s. 3)
The accounts of the Trust and the signed statement of the accounts of the Trust shall be audited by the auditor appointed under subsection (2), who shall certify such statement subject to any report he may think fit to make.
There shall be laid on the table of the Legislative Council within 12 months after the end of each financial year or within such longer period as the Chief Executive may allow— (Amended 59 of 2000 s. 3)
a copy of the signed and certified statement of the accounts of the Trust together with the auditor’s report, if any;
a report by the Board of Trustees on the administration of the Trust assets and the promotion of the objects of the Trust during that financial year; and
such other report, if any, relating to the Trust as the Chief Executive may see fit to make. (Amended 59 of 2000 s. 3)
No member of the Board of Trustees or of the Council shall be liable for the consequences of any act or omission of a person or body employed under this Ordinance in good faith.
No member of the Board of Trustees or of the Council, nor any person acting in accordance with the directions of the Board of Trustees or of the Council, shall be liable for any loss or damage resulting from any act done or omission made in carrying out their respective functions under this Ordinance, unless such act or omission was fraudulent, reckless or criminal or otherwise not in good faith.
No dividend, bonus or other profit shall be paid out of the Trust assets to any member of the Board of Trustees or of the Council.