To establish a trust fund for providing assistance in, and facilities for, the higher education of the children of employees below officer rank of the Correctional Services Department, for the education and training of handicapped children of such employees and for the due administration of such fund and for purposes connected with the matters aforesaid.
[1 July 1983]
(Format changes—E.R. 4 of 2022)
This Ordinance may be cited as the Correctional Services Children’s Education Trust Ordinance.
In this Ordinance, unless the context otherwise requires—
Assistant Officers and equivalent grades (懲教助理及同等職系人員) means any person employed in the Correctional Services Department below officer rank and includes common and general grade staff; Commissioner (署長) means the Commissioner of Correctional Services; Committee (委員會) means the committee established under section 6; fund (基金) means the trust fund established by section 3; higher education (高等教育) means post-primary education or any education of a professional, technological, academic or other nature not below the standard of post-primary education; trustee (受託人) 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 Correctional Services Children’s Education 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 members of the public to the fund set up and opened to subscription on 18 March 1983 with the object of providing assistance for the higher education of the children of Assistant Officers and equivalent grades of the Correctional Services Department and for the education and training of handicapped children of such officers;
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 for the purposes of the fund; or
otherwise acquired by the trustee for the purposes of the fund.
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 Correctional Services Children’s Education 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, in its absolute discretion, direct for the following objects—
the provision of assistance in, and facilities for, the higher education of the children of Assistant Officers and equivalent grades and for purposes ancillary thereto;
the provision of assistance in, and facilities for, the education and training of handicapped children of Assistant Officers and equivalent grades; and
the provision for any such children of opportunities for the furtherance of such studies, education and training.
The fund shall be managed by a committee to be known as the Correctional Services Children’s Education 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)
the Correctional Services Welfare officer, appointed by the Commissioner;
such representative of the Assistant Officers and equivalent grades as may be appointed by the Chief Executive;
such other members, not exceeding 2, as may be appointed by the Chief Executive. (Amended 15 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 15 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 the Chairman and 2 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. 362 of 1997; 15 of 1999 s. 3)
The committee may from time to time appoint, upon such terms as it may think proper, an Honorary Secretary, an Honorary Treasurer, and such other Honorary officials as it may think necessary for the purpose of carrying out the trusts.
The trustee may invest any moneys of the fund in such investment authorized for the investments of trust funds by the Trustee Ordinance (Cap. 29) as the committee may advise.
The Chief Executive may appoint an Investment Advisory Board, which shall consist of not less than 3 nor more than 5 persons and in the event of such Investment Advisory Board being appointed the trustee may, subject to the prior approval of the Investment Advisory Board, invest any moneys of the fund in investments, which are not investments authorized for the investment of trust funds, as the committee may advise. (Amended 15 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 31 August 1983, and thereafter in respect of every period of one year ending on 31 August, 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 and the Chairman.
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 within 3 months of the receipt by the trustee of the signed and audited statement of accounts from the auditor appointed under subsection (2), or so soon thereafter as the Chief Executive may allow.
(Amended 15 of 1999 s. 3)
The cost of the administration of the fund 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.
The fee charged under the proviso to subsection (1) shall—
be in respect of the period from the vesting day to 31 August 1983, and thereafter in respect of every period of one year ending on 31 August; 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 person except such as are mentioned in this Ordinance and those claiming by, from or under them.
(Amended 15 of 1999 s. 3)