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] (Originally 69 of 1967) Cap 1120 s 1 Short title This Ordinance may be cited as the Police Education and Welfare Trust Ordinance. Cap 1120 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Commissioner" (处长) means the Commissioner of Police; "committee" (委员会) 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" (归属日期) means the date of commencement of this Ordinance. Cap 1120 s 3 Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Police Education and Welfare 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 the Royal Hong Kong Jockey Club on 27 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) (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; or (ii) otherwise acquired by the trustee. Cap 1120 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 Police Education and Welfare 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 1120 s 5 Objects and application of the fund The trustee shall apply the fund in such manner as the committee may direct for the following objects- (a) 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) (b) the provision for any such children, who appear to the committee to be deserving, of opportunities for the furtherance of studies; and (c) welfare purposes of general benefit to some or all members of either or both such Forces. Cap 1120 s 6 Establishment of committee (1) The fund shall be managed by a committee to be known as the Police Education and Welfare 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) a police welfare officer, appointed by the Commissioner; (e) a representative of police officers below the rank of inspector, appointed by the Chief Executive; (f) 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) (g) such other members, not exceeding ten, as may be appointed by the Chief Executive. (Amended 76 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 76 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 seven members. Cap 1120 s 7 Standing orders Remarks: Adapation amendments retroactively made - see 76 of 1999 s. 3 (1) The committee may make standing orders- (a) governing its procedure in the transaction of business; (b) for the maintenance of good order at its meetings; and (c) generally, for matters relating to the administration and management of the fund and the discharge of the duties of the committee.(2) 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) |