| To provide for the establishment and administration of a trust fund to be known as the Li Po Chun Charitable Trust Fund and for the purposes connected therewith. [8 November 1963] (Originally 34 of 1963) Cap 1110 s 1 Short title This Ordinance may be cited as the Li Po Chun Charitable Trust Fund Ordinance. Cap 1110 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "committee" (委员会) means the Li Po Chun Charitable Trust Fund Committee established in accordance with the provisions of section 5; "fund" (基金) means the Li Po Chun Charitable Trust Fund; "member" (成员) means a member of the committee; "trustee" (受讬人) means the Secretary for Home Affairs Incorporated as trustee of the fund. (Amended L.N. 68 of 1985; L.N. 263 of 1989) Cap 1110 s 3 Establishment of fund (1) There is hereby established a trust fund to be known as the Li Po Chun Charitable Trust Fund which shall consist of the shares donated by Li Po Chun to the Government, together with any interest thereon which shall have accrued prior to the commencement of this Ordinance and together with such further moneys and assets as may from time to time be donated to the fund and accepted by the committee, or any investments from time to time representing any such moneys and together with such interest and income derived from any such moneys and assets. (2) The committee may, from time to time, solicit and accept on behalf of the trustee donations and bequests to the fund: Provided that it shall be a condition of the acceptance by the committee of any further donations to the fund that the name of the fund shall remain unchanged. Cap 1110 s 4 The trustee (1) The fund is hereby vested in the Secretary for Home Affairs Incorporated, a body corporate incorporated under and by virtue of the Secretary for Home Affairs Incorporation Ordinance (Cap 1044), as trustee. (Amended L.N. 67 of 1985; L.N. 68 of 1985; L.N. 263 of 1989) (2) The trustee shall hold the fund upon the trusts and with and subject to the powers and provisions hereinafter contained in this Ordinance. Cap 1110 s 5 Administration of the fund Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) The fund shall be administered by a committee to be known as the Li Po Chun Charitable Trust Fund Committee which shall consist of- (a) the Secretary for Home Affairs who shall be the chairman of the committee; (Amended L.N. 67 of 1985; L.N. 262 of 1989) (b) a son of Li Po Chun who shall be appointed by the Chief Executive; and (c) not more than 4 other members appointed by the Chief Executive.(2) The son of Li Po Chun appointed by the Chief Executive under subsection (1)(b) may- (a) by deed appoint any descendant of Li Po Chun in his stead as a member of the committee during his lifetime; or (b) by will appoint any such descendant as such member from the day of his death.(3) The right to nominate a person as a member of the committee, conferred by subsection (2), may be passed on by any person appointed thereunder to another person who may similarly pass on such right. (4) Subject to subsection (5), no person shall be appointed as a member of the committee under subsection (2) or (3) unless he is a descendant of Li Po Chun. (5) If at any time any son or descendant of Li Po Chun, appointed as a member of the committee under subsection (1), (2) or (3), shall retire or die or be removed under the provisions of subsection (6) without having by deed or by will appointed another descendant of Li Po Chun to take his place as a member of the committee, the power of appointment shall vest in the Chief Executive, who may appoint as a member- (a) a descendant of Li Po Chun; or (b) if no descendant of Li Po Chun is resident in Hong Kong and willing to be a member, any other person for so long only as no descendant of Li Po Chun is resident in Hong Kong and willing to be a member. (Amended 94 of 1991 s. 5)(6) A member appointed by the Chief Executive under subsection (1)(c) shall hold office for such period as may be specified in the letter of appointment and may be re-appointed. (Amended 94 of 1991 s. 2) (7) A member, other than the Secretary for Home Affairs , may be removed by the Chief Executive at any time, and shall cease to be a member if he shall be convicted of an offence punishable with imprisonment for a period exceeding 12 months, or shall be adjudged bankrupt or make a composition or arrangement with his creditors or become of unsound mind. (Amended L.N. 67 of 1985; L.N. 262 of 1989) (8) The quorum necessary for the transaction of the business of the committee at a meeting of the committee may be fixed by rules made under section 8 and, unless so fixed, 4 members shall form a quorum. (Amended 94 of 1991 s. 2) (Replaced 104 of 1970 s. 2. Amended 4 of 2000 s. 3) Cap 1110 s 6 The trust (1) The trustee shall, at the direction of the committee, apply- (a) the income of the fund, in such proportions as the committee may in its discretion decide- |
