| 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] (Originally 34 of 1983) Cap 1131 s 1 Short title This Ordinance may be cited as the Correctional Services Children's Education Trust Ordinance. Cap 1131 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Assistant Officers and equivalent grades" (惩教助理及同等职系人员) means any person employed in the Correctional Services Department below officer rank and includes common and general grade staff; "Commissioner" (署长) means the Commissioner of Correctional Services; "Committee" (委员会) 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" (受讬人) means the Commissioner as trustee of the fund; "vesting day" (归属日期) means the date of commencement of this Ordinance. Cap 1131 s 3 Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Correctional Services Children's Education Trust. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance. (3) The fund shall consist of- (a) 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; (b) such other assets as may have been acquired before the vesting day by the use of any moneys so donated; and (c) such further moneys and assets as may, on or after the vesting day, be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee for the purposes of the fund; or (ii) otherwise acquired by the trustee for the purposes of the fund. Cap 1131 s 4 Incorporation of the Commissioner as trustee (1) 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. (2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (3) 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. Cap 1131 s 5 Objects and application of the fund The trustee shall apply the fund in such manner as the committee may, in its absolute discretion, direct for the following objects- (a) 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; (b) the provision of assistance in, and facilities for, the education and training of handicapped children of Assistant Officers and equivalent grades; and (c) the provision for any such children of opportunities for the furtherance of such studies, education and training. Cap 1131 s 6 Establishment of committee (1) The fund shall be managed by a committee to be known as the Correctional Services Children's Education Trust Committee. (2) The committee shall consist of- (a) a Chairman, appointed by the Chief Executive; (b) the Commissioner, or his representative; (c) the Permanent Secretary for Education and Manpower, or his representative; (Amended 3 of 2003 s. 41) (d) the Correctional Services Welfare officer, appointed by the Commissioner; (e) such representative of the Assistant Officers and equivalent grades as may be appointed by the Chief Executive; (f) such other members, not exceeding 2, as may be appointed by the Chief Executive. (Amended 15 of 1999 s. 3)(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) (4) 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. Cap 1131 s 7 Standing orders |
