| To establish the Queen Elizabeth Foundation for the Mentally Handicapped and to provide for the administration thereof and for matters connected therewith. (Enacted 1988) [22 July 1988] (Originally 74 of 1988) Cap 399 Preamble WHEREAS- (a) a net profit has accrued and will accrue from the sale of gold coins by the Government to commemorate the visit to Hong Kong in 1986 of Her Majesty Queen Elizabeth II; (b) Her Majesty has been graciously pleased to permit Her name to be associated with the establishment of a foundation to apply that net profit for the furtherance of the welfare, education and training of the mentally handicapped in Hong Kong; and (c) the Royal Hong Kong Jockey Club has generously agreed to donate moneys towards the establishment of such a foundation: (Enacted 1988) Cap 399 s 1 Short title This Ordinance may be cited as the Queen Elizabeth Foundation for the Mentally Handicapped Ordinance. (Enacted 1988) Cap 399 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委员会) means a committee established under section 7(1); "Council" (理事会) means the Council of the Foundation established under section 5; "Foundation" (基金) means the Queen Elizabeth Foundation for the Mentally Handicapped established by section 3(1); "Foundation assets" (基金资产) means the assets of the Foundation described in section 3(4); "Foundation income" (基金收益) means income of the Foundation derived from Foundation assets; "mental handicap" (弱智) means any condition of arrested or incomplete development of the mind which involves a significant impairment of intelligence or of social functioning; "the mentally handicapped" (弱智人士) means persons suffering from mental handicap. (Enacted 1988) Cap 399 s 3 Establishment of Foundation (1) There is established a body corporate to be known as the "Queen Elizabeth Foundation for the Mentally Handicapped". (2) The purpose of the Foundation shall be the furtherance of the welfare, education and training of the mentally handicapped in Hong Kong, and the promotion of their employment prospects. (3) There shall be paid to the Foundation by the Government- (a) from the Special Coin Suspense Account (established by resolution of the Legislative Council on 19 March 1975)- (i) the net profit accruing from the sale of gold coins by the Government to commemorate the visit to Hong Kong in 1986 of Her Majesty Queen Elizabeth II; and (ii) such sum as will make the total payments from that Account $30 million;(b) from the general revenue, a matching contribution of $30 million.(4) The assets of the Foundation shall be- (a) the sums paid by the Government under subsection (3); (b) the sum of $30 million to be donated by the Royal Hong Kong Jockey Club; (c) such further moneys or property as may from time to time be donated, subscribed or bequeathed to the Foundation and accepted by the Council or otherwise acquired by the Foundation; and (d) Foundation income accumulated under section 6(3)(d). (Enacted 1988) Cap 399 s 4 Seal The fixing of the seal of the Foundation shall be- (a) authorized or ratified by resolution of the Council; and (b) authenticated by the signature of any 2 members of the Council authorized by the Council either generally or specially to act for that purpose. (Enacted 1988) Cap 399 s 5 Establishment of Council There shall be a Council which shall be known as the "Council of the Queen Elizabeth Foundation for the Mentally Handicapped" and which shall consist of- (a) a Chairman appointed by the Chief Executive; (Amended 18 of 1999 s. 3) (b) the Secretary for Home Affairs, or his representative; (Amended L.N. 262 of 1989) (ba) the Permanent Secretary for Education and Manpower, or his representative; (Added 58 of 1991 s. 2. Amended 3 of 2003 s. 41) (bb) the Director of Social Welfare, or his representative; (Added 58 of 1991 s. 2) (c) the Commissioner for Rehabilitation, or his representative; (d) a member nominated by the Hong Kong Jockey Club and appointed by the Chief Executive; and (Amended 18 of 1999 s. 3) (e) not less than 7 nor more than 9 other members appointed by the Chief Executive. (Amended 58 of 1991 s. 2; 18 of 1999 s. 3) (Enacted 1988) Cap 399 s 6 Duties and powers of Council (1) Subject to this Ordinance, the Council, in the name and on behalf of the Foundation- (a) shall apply Foundation income and may apply Foundation assets for carrying out the purpose of the Foundation as described in section 3(2); and (b) shall determine and perform all matters relating to the application of that income and those assets and the carrying out of that purpose.(2) In performing its duties under subsection (1), the Council may apply all Foundation income and all the Foundation assets except that- (a) sufficient income shall be reserved in each financial year to make payments under sections 9 and 14(b) in respect of that financial year; (b) a sum of $81 million (being 90 per cent of the value of the Foundation assets described in section 3(4)(a) and (b)) shall be reserved for investment in accordance with subsection (3)(a).(3) The Council may, in the name and on behalf of the Foundation- |
