To make provision for the establishment of a trust fund to be known as the Emergency Relief Fund and for the due administration thereof and for purposes connected with the matters aforesaid.
(Amended 65 of 1973 s. 2)
[15 June 1962]
(Format changes—E.R. 3 of 2023)
in response to appeals made from time to time, members of the public donated sums of money for the aid and relief of persons who suffered loss as a result of Typhoon Mary, the Hung Hom Valley Hill fire, the Yuen Long floods and the New Kowloon Squatter Area fire, and for the establishment of a fund for community relief;
sums of money have been paid thereout for the attainment of the objects of the funds referred to in the first recital and various balances remain;
it is considered expedient to establish a single fund to be applied for objects similar to and to include those referred to in the first recital and to vest the said balances together with any further sums which may be donated for these objects in the Director of Social Welfare Incorporated as trustee, and to provide for the administration of the said fund by a committee appointed for that purpose: (Amended 65 of 1973 s. 3)
This Ordinance may be cited as the Emergency Relief Fund Ordinance.
(Amended 65 of 1973 s. 4)
In this Ordinance, unless the context otherwise requires—
committee (委員會) means the committee appointed under section 5.There is hereby established a trust fund which is vested in the Director of Social Welfare Incorporated as trustee. The fund shall be known as the Emergency Relief Fund. (Amended 65 of 1973 s. 5)
The fund shall consist of the balances of the sums of money referred to in the preamble on 15 June 1962, together with such other moneys and assets as may from time to time be donated to or acquired by the trustee on the trusts hereinafter set out.
The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may advise for the following objects—
to make grants and loans to persons who appear to the committee to be in need thereof as a result of fire, flood, tempest, typhoon or other occurrence which has caused suffering or loss to an extent which, in the opinion of the committee, merits relief;
in the like circumstances to provide material assistance in whatever form appears to the committee to be just.
There shall be established a committee to be known as the Emergency Relief Fund Committee. (Amended 65 of 1973 s. 6)
The committee shall consist of—
the Director of Social Welfare as ex officio member and chairman;
the Director of Housing as ex officio member;
the Director of Home Affairs, as ex officio member;
2 or more other members not being public servants appointed by the Chief Executive: (Amended 17 of 1999 s. 3)
Provided that the Director of Home Affairs and the Director of Housing, may each appoint a representative to perform their functions at any meeting. (Amended L.N. 94 of 1974; L.N. 370 of 1981; L.N. 297 of 1982; 38 of 1988 s. 2; L.N. 262 of 1989; L.N. 621 of 1994)
A member appointed by the Chief Executive shall hold office for such period as may be specified in the letter of appointment, and may be re-appointed or removed at the discretion of the Chief Executive. (Amended 17 of 1999 s. 3)
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 3 members.
The validity of any proceedings of the committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto.
Subject to the provisions of this Ordinance and the agreement of the trustee, the committee may determine all matters whatsoever touching the administration of the fund and the attainment of the objects thereof.
The committee may make standing orders—
governing its procedure in the transaction of business;
for the maintenance of good order at meetings; and
generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee.
A copy of such standing orders shall be furnished to the Chief Secretary for Administration and they shall be subject to disallowance, alteration or amendment by the Chief Executive. (Amended L.N. 226 of 1976; L.N. 362 of 1997; 17 of 1999 s. 3)
All questions arising at any meeting of the committee shall be decided by a majority of votes of members present, and, in case of an equality of votes, the chairman shall have a casting vote in addition to his original vote.
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 point arising out of or in connection with the said trusts.
All salaries and fees of any person or persons so appointed or employed shall be paid by the trustee out of the fund.
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 Financial Secretary.
(Amended L.N. 16 of 1977; 17 of 1999 s. 3)
The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 March in each year, 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.
The accounts of the fund and the signed statement of the accounts shall be audited by an auditor appointed by the Chief Executive and the auditor shall certify the statement subject to such report, if any, as he may think fit.
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 31 December next following the end of such period, or so soon thereafter as the Chief Executive, in his absolute discretion, may allow. (Amended 38 of 1988 s. 3)
(Amended 17 of 1999 s. 3)
The cost of the administration of the fund, other than the salaries and fees paid under the provisions of section 8(2), shall be a charge on 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.
(Amended 38 of 1988 s. 4)