To establish a trust fund for providing assistance in, and facilities for, the general education of the children of police officers of all ranks, including auxiliary police, and for welfare purposes of general benefit to all such police officers, and for the due administration of such fund and for purposes connected with the matters aforesaid.
[1 December 1967]
(Format changes—E.R. 2 of 2023)
This Ordinance may be cited as the Police Education and Welfare Trust Ordinance.
In this Ordinance, unless the context otherwise requires—
Commissioner (處長) means the Commissioner of Police; committee (委員會) means the committee established under section 6; fund (基金) means the trust fund established by section 3; trustee (受托人) means the Commissioner as trustee of the fund; *vesting day (歸屬日期) means the date of commencement of this Ordinance.There is hereby established a trust fund to be known as the Police Education and Welfare Trust.
The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance.
The fund shall consist of—
the balance on the vesting day of the moneys donated by the Royal Hong Kong Jockey Club on the 27th day of May 1967 primarily for assisting in the education of the children of police officers of all ranks of the Hong Kong Police Force and the Hong Kong Auxiliary Police Force and also for other welfare purposes of general benefit to both Forces; (Amended 29 of 1969 s. 2; L.N. 362 of 1997)
such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and
such further moneys and assets as may, on or after the vesting day, be—
donated, subscribed or bequeathed to, and accepted by, the trustee; or
otherwise acquired by the trustee.
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 fund and shall be a corporation sole (in this section called the corporation) and shall have the name “The Trustee of the Police Education and Welfare Trust”, and in that name shall have perpetual succession and may sue and be sued in any court.
The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee.
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 trustee shall apply the fund in such manner as the committee may direct for the following objects—
the provision of assistance in, and facilities for, the general education of the children of police officers of all ranks of the Hong Kong Police Force and of the Hong Kong Auxiliary Police Force; (Amended 29 of 1969 s. 2; L.N. 362 of 1997)
the provision for any such children, who appear to the committee to be deserving, of opportunities for the furtherance of studies; and
welfare purposes of general benefit to some or all members of either or both such Forces.
The fund shall be managed by a committee to be known as the Police Education and Welfare Trust Committee.
The committee shall consist of—
a Chairman, appointed by the Chief Executive;
the Commissioner, or his representative;
the Permanent Secretary for Education, or his representative; (Amended 3 of 2003 s. 41; L.N. 130 of 2007)
a police welfare officer, appointed by the Commissioner;
a representative of police officers below the rank of inspector, appointed by the Chief Executive;
a representative of the Hong Kong Auxiliary Police Force, nominated by the Commandant thereof, and appointed by the Chief Executive; and (Amended 29 of 1969 s. 2; L.N. 362 of 1997)
such other members, not exceeding ten, as may be appointed by the Chief Executive. (Amended 76 of 1999 s. 3)
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 reappointed or removed by the Chief Executive. (Amended 76 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 seven members.
The committee may make standing orders—
governing its procedure in the transaction of business;
for the maintenance of good order at its 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 every such standing order shall be furnished to the Chief Secretary for Administration and every such order shall be subject to amendment by the Chief Executive. (Amended L.N. 226 of 1976; L.N. 242 of 1994; L.N. 362 of 1997; 76 of 1999 s. 3)
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 matter arising out of or in connexion with the trusts.
All salaries and fees of any person 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 Investment Advisory Board. (Amended L.N. 16 of 1977; L.N. 453 of 1993)
The Chief Executive shall, for the purposes of subsection (1), appoint an Investment Advisory Board, which shall consist of not less than three nor more than five persons.
(Amended 76 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, in respect of the period from the vesting day to the 31st day of March 1968, and thereafter in respect of every period of one year ending on the 31st day of March, 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 the 31st day of December next following the end of such period, or so soon thereafter as the Chief Executive may allow. (Amended 73 of 1991 s. 2)
(Amended 76 of 1999 s. 3)
The cost of the administration of the fund, other than the salaries and fees paid under subsection (2) of section 8, 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. (Amended 76 of 1999 s. 3)
The fee charged under the proviso to subsection (1) shall—
be in respect of the period from the vesting day to the 31st day of March 1968, and thereafter in respect of every period of one year ending on the 31st day of March; and
not exceed two and a half per cent of the income of the fund over the relevant period.
Nothing in this Ordinance shall affect or be deemed to affect the rights of the Central Authorities or the Government of the Hong Kong Special Administrative Region under the Basic Law and other laws, or the rights of any body politic or corporate or of any other persons except such as are mentioned in this Ordinance and those claiming by, from or under them.
(Amended 76 of 1999 s. 3)