To provide for the incorporation of the Director of Social Welfare, and for matters connected therewith.
[6 February 1959]
(Format changes—E.R. 6 of 2022)
This Ordinance may be cited as the Director of Social Welfare Incorporation Ordinance.
The person for the time being performing the duties of the office of Director of Social Welfare shall be a corporation sole, hereinafter called the corporation, and shall have the name of the Director of Social Welfare Incorporated and in that name shall have perpetual succession.
The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the occupant of the corporation for the time being.
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.
The corporation may act as trustee of any trust created for the benefit of persons in the care of the Social Welfare Department or of any trust created in connection with the work of the said Department and may acquire, take on lease, purchase, hold, hire and enjoy any movable or immovable property and may dispose of the same.
The corporation may invest, in accordance with the provisions of the Trustee Ordinance (Cap. 29), any trust funds in the hands of the corporation whether at the time in a state of investment or not: Provided that where the occupant of the corporation for the time being considers it impracticable for any reason whatsoever for any such trust funds to be so invested, the corporation may deposit such trust funds in any bank or savings bank approved by the Chief Executive either generally or in any particular case. (Amended 41 of 1999 s. 3)
The powers conferred on the corporation by subsection (1) are in addition to the powers (if any) conferred by any trust but shall apply only if and so far as a contrary intention is not expressed in any term of any trust, and shall have effect subject to any such term.
Where any property or interest therein is vested in the corporation, the same shall, unless and until otherwise disposed of by the corporation, pass and devolve to and vest in the successors from time to time of the corporation.
If any question arises as to who is or was at any time the occupant of the corporation for the time being, a certificate under the hand of the Chief Secretary for Administration shall be conclusive evidence for all purposes as to the person who is or was such occupant.
(Amended L.N. 362 of 1997)
The corporation shall keep accounts and records of all transactions in respect of any trust funds it administers.
The Director of Accounting Services may give such directions in writing to the corporation as he thinks fit with respect to the keeping of accounts and records referred to in subsection (1) and the corporation shall comply with any such direction.
The corporation shall prepare in relation to the trust funds it administers a statement of accounts of the funds for each period of 12 months ending on 31 March in any year, in such form as the Director of Accounting Services may require in writing.
A statement of accounts required by subsection (3) shall be signed by the person for the time being performing the duties of the office of the Director of Social Welfare and shall, unless the accounts of the trust funds the corporation administers have been audited by an independent accountant under section 24(4) of the Trustee Ordinance (Cap. 29), be submitted by the corporation to the Director of Audit not later than 30 September following the end of the period to which it relates, or such later date as the Chief Executive may allow. (Amended 41 of 1999 s. 3)
Where the statement of accounts is submitted to the Director of Audit under subsection (4), such statement of accounts and the accounts of the funds referred to in subsection (1) shall be audited by the Director of Audit, who shall certify the statement of accounts together with such report, if any, as he may think fit and submit the audited statement of accounts and the report thereon, if any, to the corporation.
A copy of the corporation’s audited statement of accounts, together with the Director of Audit’s report, if any, and a report, if any, by the corporation on the administration of the fund during the period covered by the audited statement of accounts shall be laid upon the table of the Legislative Council not later than 3 months after the audited statement of accounts and the report thereon, if any, are received by the corporation from the Director of Audit.
(Added 20 of 1989 s. 2)