Cap. 1110 - Li Po Chun Charitable Trust Fund Ordinance

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](Format changes—E.R. 3 of 2023) 1. Short title This Ordinance may be cited as the Li Po Chun Charitable Trust Fund Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—committee (委員會) 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 (成員) means a member of the committee;trustee (受託人) means the Secretary for Home and Youth Affairs Incorporated as trustee of the fund. (Amended L.N. 68 of 1985; L.N. 263 of 1989; L.N. 144 of 2022) 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. Editorial Note: * Commencement date: 8 November 1963. 4. The trustee (1) The fund is hereby vested in the Secretary for Home and Youth Affairs Incorporated, a body corporate/incorporated under and by virtue of the Secretary for Home and Youth Affairs Incorporation Ordinance (Cap. 1044), as trustee. (Amended L.N. 67 of 1985; L.N. 68 of 1985; L.N. 263 of 1989; L.N. 144 of 2022)(2) The trustee shall hold the fund upon the trusts and with and subject to the powers and provisions hereinafter contained in this Ordinance. 5. Administration of the fund (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 and Youth Affairs who shall be the chairman of the committee; (Amended L.N. 67 of 1985; L.N. 262 of 1989; L.N. 144 of 2022)(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 and Youth 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; L.N. 144 of 2022)(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) 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—(i) for educational purposes in accordance with the Schedule; and(ii) for payment to the Director of Social Welfare for use by him for the relief of distress in cases for which no adequate assistance is available from other sources; and(b) the capital of the fund for such educational purposes, including the establishment or endowment of educational institutions in Hong Kong, as the committee may in its discretion decide. (Replaced 49 of 1989 s. 2)(2) Notwithstanding subsection (1), the committee may invest any part of the income of the fund as capital, the income from which shall thereafter form part of the income of the fund.(Replaced 104 of 1970 s. 3) 7. Investments (1) Subject to subsections (2) to (5), the trustee may invest any moneys of the fund including the proceeds of the realization of any of the shares donated as aforesaid in such investments, whether or not such investments are trust investments, as the committee may advise. (Amended L.N. 16 of 1977; 48 of 1989 s. 2; 94 of 1991 s. 3)(2) If the committee so directs, the trustee shall employ such professional person or financial institution as may be nominated by the committee to manage the investment of all or part of the moneys of the fund invested by the trustee under subsection (1). (Added 94 of 1991 s. 3)(3) A person or institution appointed under subsection (2) shall, in performing his or its functions, act in accordance with any advice of the committee in respect of those functions conveyed to him or it in writing from time to time by the trustee. (Added 94 of 1991 s. 3)(4) The trustee shall not be responsible for the consequences of any act or omission of a person or institution employed under subsection (2) if he or it was employed in good faith. (Added 94 of 1991 s. 3)(5) All salaries and fees of a person or institution employed under subsection (2) shall be paid by the trustee out of the fund. (Added 94 of 1991 s. 3) 8. Rules (1) The committee may make rules providing for—(a) its procedure in the transaction of business and the maintenance of good order at meetings; and(b) generally all matters relating to the administration and management of the fund and the discharge of the duties of the committee.(2) A copy of every rule made in accordance with the provisions of subsection (1) shall be furnished to the Chief Secretary for Administration and any such rule shall be subject to disallowance or amendment at any time by the Chief Executive. (Amended L.N. 362 of 1997; 4 of 2000 s. 3) 9. Express powers of committee (1) The committee shall have power to write off from the moneys of the fund any sums which the committee finds to be irrecoverable.(2) Save as is provided in section 6(1) and (2), the committee shall not have power to apply or to direct that the trustee should apply any of the capital funds of the trust as income or for any other purpose. (Amended 49 of 1989 s. 3) 10. Determination of questions at meeting All questions which may arise at any meeting of the committee shall be decided by a majority of votes by members present and, in the case of equality of votes, the chairman shall have a casting vote in addition to his original vote:Provided that in any case in which the committee is equally divided in opinion without the casting vote of the chairman, any 3 members of the committee may demand that the point be referred to the Chief Executive for his decision and in such event the decision of the Chief Executive shall be final. (Amended 4 of 2000 s. 3) 10A. Transaction of business by circulation of papers The committee may transact any of its business by circulation of papers amongst members, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the committee.(Added 94 of 1991 s. 4) 11. Accounts (1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be prepared for every period of 12 months ending on 31 August in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and a balance sheet and shall be signed by the trustee.(2) The accounts of the fund and the signed statement of accounts shall be audited by the Director of Audit who shall certify that statement subject to such report, if any, as he may think fit.(3) A copy of the signed and audited statement of accounts together with the report, if any, of the Director of Audit 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 not later than 28 February next following the end of such period, or so soon thereafter as the Chief Executive, in his absolute discretion, may allow. (Amended 4 of 2000 s. 3) 12. Cost of administration The cost of Administering the fund other than the salaries and fees paid under the provisions of section 13(2) shall be a charge on 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.(Amended 94 of 1991 s. 5) 13. Servants and advisers (1) Without prejudice to section 7, the committee may appoint upon such salary and upon such terms as it may think proper such servant as it may think necessary for the purpose of carrying out the provisions of this Ordinance, and may employ any professional person to advise it on any matter arising out of or in connection with such provisions. (Amended 94 of 1991 s. 6)(2) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund. 14. Saving 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 persons except such as are mentioned in this Ordinance and those claiming by, from or under them.(Amended 4 of 2000 s. 3) Schedule [s. 6]Application of Income Allocated for Educational Purposes 1. Application Income of the fund allocated for the purposes of section 6(1)(a) shall be applied as specified in this Schedule. 2. Post-graduate award (1) One scholarship may be awarded in each year to a graduate of a university established in Hong Kong to assist in the payment of the education, travelling expenses, and maintenance in the United Kingdom for the purposes of post-graduate training for a period not exceeding 2 years.(2) The holder of a scholarship awarded under subparagraph (1) shall be selected by a selection board appointed by the Permanent Secretary for Education. (Amended 3 of 2003 s. 41; L.N. 130 of 2007)(3) A scholarship awarded under this paragraph may be terminated at the end of 1 year unless the Permanent Secretary for Education is satisfied as to the progress and conduct of the scholar. (Amended 3 of 2003 s. 41; L.N. 130 of 2007)(4) No graduate of a university in Hong Kong shall be eligible for an award under this paragraph unless he—(a) is resident in Hong Kong at the date of the award; and(b) does not concurrently hold any other award. 3. Li Po Chun Scholarships (1) From any balance remaining after making provision for the scholarship referred to in paragraph 2, the committee may award scholarships (to be known as Li Po Chun Scholarships) for the education of students resident in Hong Kong, in accordance with the provisions of this paragraph. (Amended 4 of 2000 s. 3)(2) Not more than 7 scholarships may be awarded in each year to students in each of the following schools—(a) King’s College;(b) Queen’s College;(c) Queen Elizabeth School;(d) Belilios Public School.(3) A scholarship awarded under subparagraph (2) shall be tenable for such period as the committee may determine.(4) Such number of scholarships as the committee may decide may be awarded in each year to students in the University of Hong Kong and The Chinese University of Hong Kong selected by the Registrars thereof.(5) A scholarship awarded under subparagraph (4) shall, subject to the Registrar of the University concerned being satisfied as to the progress and conduct of the scholarship holder, be tenable for not more than—(a) 3 years in the case of the University of Hong Kong; and(b) 4 years in the case of The Chinese University of Hong Kong.(6) A scholarship granted under subparagraph (4) may be extended by the committee for longer than—(a) 3 years in the case of the University of Hong Kong; and(b) 4 years in the case of The Chinese University of Hong Kong.(7) Such number of scholarships as the committee may decide, may be awarded in each year to students in secondary schools, who are selected by the Permanent Secretary for Education. (Replaced 49 of 1989 s. 4. Amended 3 of 2003 s. 41; L.N. 130 of 2007)(8) A scholarship awarded under subparagraph (7) shall be tenable for such period as the committee may determine. 4. Other educational purposes Any balance remaining after making provision for the scholarships referred to in paragraphs 2 and 3, may be applied for such educational purposes as the committee may in its discretion from time to time decide. (Replaced 49 of 1989 s. 4)