Cap. 1098 《教育局常任秘書長法團條例》Permanent Secretary for Education Incorporation Ordinance

The corporation shall have and may use 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 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 55 of 2000 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.

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 August 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 Permanent Secretary for Education 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 28 February following the end of the period to which it relates, or such later date as the Chief Executive may allow. (Amended 55 of 2000 s. 3; 3 of 2003 s. 38; L.N. 130 of 2007)

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 account and the report thereon, if any, are received by the corporation from the Director of Audit.

In this section and section 10—

A reference in section 10 to property, rights and liabilities of the corporation sole known as the “Director of Education Incorporated” is a reference to—

The corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” constituted by section 2 of the Amended Ordinance is deemed to be a continuation of and the same legal entity as the corporation sole known as the “Director of Education Incorporated” constituted by section 2 of this Ordinance before the date of commencement.

The enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) does not affect the legality and validity of anything done by the corporation sole known as the “Director of Education Incorporated” before the date of commencement.

The provisions in this section are for the avoidance of doubt and apply without limiting the generality of section 9 and to the extent that they are appropriate in the circumstances and consistent with this Ordinance.

As from the date of commencement, all property, rights and liabilities to which the corporation sole known as the “Director of Education Incorporated” was entitled or subject immediately before that date are deemed to be vested, without any actual transfer or conveyance, in the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated”.

A reference to the corporation sole known as the “Director of Education Incorporated”—

shall be taken as from the date of commencement as referring to the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated”.

The record of property of the corporation sole known as the “Director of Education Incorporated” immediately before the date of commencement that is in the form of any entry in the books of a bank, company or other corporation is to be transferred in those books to the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” on the request of the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” by the bank, company or other corporation.

Where the corporation sole known as the “Director of Education Incorporated” is the trustee of any trust, the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” shall effective on the date of commencement continue as trustee of that trust in substitution of the corporation sole known as the “Director of Education Incorporated”.

The corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” may sue on, recover or enforce any property or right vested in it under subsection (2) and may be sued for any liabilities to which it is subject under that subsection.

The corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” may sue on, recover or enforce a chose in action vested in it under subsection (2) without having to give a notice of transfer to the person bound by the chose in action.

Any claim by or against the corporation sole known as the “Director of Education Incorporated” in any judicial or administrative proceedings that is subsisting immediately before the date of commencement does not abate by reason of the enactment of the Education Reorganization (Miscellaneous Amendments) Ordinance 2003 (3 of 2003) and may be continued or enforced by or against the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated”.

In any judicial or administrative proceedings that is subsisting immediately before the date of commencement in which the corporation sole known as the “Director of Education Incorporated” is a party, the corporation sole known as the “Permanent Secretary for Education and Manpower Incorporated” shall, on and from that date, substitute for the corporation sole known as the “Director of Education Incorporated” as that party.

This section and section 9 shall not be construed as giving validity, continuing in force or giving effect to any or all of the following—

This section and section 9 are in addition to and not in derogation from section 23 of the Interpretation and General Clauses Ordinance (Cap. 1).