Cap. 1077 - Brewin Trust Fund Ordinance

To make provision for the establishment of a trust fund to be known as the Brewin Trust Fund, and for the due administration thereof, and for purposes connected with the matters aforesaid. [4 March 1955](Format changes—E.R. 3 of 2023) 1. Short title This Ordinance may be cited as the Brewin Trust Fund Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—charitable institution (慈善機構) means a charitable institution or trust of a public character which is exempt from tax under section 88 of the Inland Revenue Ordinance (Cap. 112); (Replaced 21 of 1994 s. 2)committee (委員會) means the committee appointed under section 5;widow (寡婦) includes a concubine and a mother of a child not born in wedlock. 3. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Brewin Trust Fund, hereinafter referred to as the fund, which is vested in the Secretary for Home and Youth Affairs Incorporated as trustee. (Amended L.N. 15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989; L.N. 144 of 2022)(2) The fund shall consist of moneys and assets together with any sum accumulated by way of interest thereon, rents, dividends and such other moneys as may be paid into the fund and shall include also such other moneys and assets as may from time to time be acquired by the trustee on the trusts hereinafter set out. 4. Object of trust fund (1) Subject to this section, the trustee shall hold and stand possessed of the fund upon trust to apply the fund in such manner and to such extent as the committee may direct for the object of the maintenance and benefit of—(a) widows, widowers and orphans resident in Hong Kong; and(b) workmen (including females) who, having been employed in Hong Kong, have become wholly or in part incapacitated for work by reason of age, sickness, disablement or otherwise,who appear to require such maintenance and benefit in the opinion of—(i) the committee;(ii) in the case of a direction given under subsection (2)(a), the trustee;(iii) in the case of a direction given under subsection (2)(b), the Government department or charitable institution specified in the direction.(2) The committee may give a direction in writing to the trustee—(a) to apply for the object specified in subsection (1), and subject to the terms and conditions, if any, specified in the direction, such amount of the moneys of the fund as is specified in the direction; or(b) to allocate to a Government department or charitable institution specified in the direction such amount of the moneys of the fund as is specified in the direction for the purpose of the application of those moneys—(i) by that department or institution;(ii) for the object specified in subsection (1); and(iii) subject to the terms and conditions, if any, specified in the direction.(3) Where a direction is given under subsection (2)—(a) the trustee shall comply with that direction; and(b) in the case of such a direction given under paragraph (b) of that subsection—(i) the trustee shall give a copy of the direction to the Government department or charitable institution specified in the direction; and(ii) that Government department or charitable institution shall apply the moneys specified in the direction for the object specified in subsection (1) subject to the terms and conditions, if any, specified in the direction.(Replaced 21 of 1994 s. 3) 5. Establishment of committee (1) There shall be established a committee to be known as the Brewin Trust Fund Committee.(2) The committee shall consist of the Secretary for Home and Youth Affairs as ex officio member and chairman and such members not less than 5 in all as the Chief Executive may appoint. (Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989; 4 of 2000 s. 3; L.N. 144 of 2022)(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 re-appointed or removed at the discretion of the Chief Executive. (Amended 4 of 2000 s. 3)(4) The quorum necessary for the transaction of business by the committee at a meeting of the committee may be fixed by standing orders made under section 7 and unless so fixed shall be 3 members. (Amended 92 of 1991 s. 2) 6. Control by committee Subject to the provisions of this Ordinance, the committee may determine all matters whatsoever touching the administration of the fund and the attainment of the objects thereof. 7. Standing orders (1) The committee may make standing orders—(a) governing its procedure in the transaction of business;(b) for the maintenance of good order at 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 such standing orders shall be furnished to the Chief Secretary for Administration and they shall be subject to disallowance, alteration or amendment by the Chief Executive. (Amended L.N. 226 of 1976; L.N. 362 of 1997; L.N. 307 of 1998; 4 of 2000 s. 3)(3) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present and, in case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. 7A. 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 92 of 1991 s. 3) 8. Appointment of officers (1) Without prejudice to section 9, the committee may from time to time appoint upon such salary and upon such terms as it may think proper, a secretary, treasurer, and such other officials as it may think necessary for the purpose of carrying out the trusts; and may employ any professional person to advise it on any point arising out of or in connexion with the said trusts. (Amended 92 of 1991 s. 5)(2) All salaries and fees of any person or persons so appointed or employed shall be paid by the trustee out of the fund. 8A. Cost of administration (1) The cost of the administration of the fund, other than the salaries and fees paid under the provisions of section 8(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 92 of 1991 s. 4)(2) The fee charged under the proviso to subsection (1) shall—(a) be in respect of the year commencing on 1 July 1966 and ending on 30 June 1967, and thereafter in respect of every period of 1 year ending on 30 June; and(b) not exceed 2 1/2 per cent of the annual income of the fund.(Added 24 of 1966 s. 2) 9. Investment of moneys (1) Subject to subsections (2) to (5), the trustee may invest any moneys of the fund in such investments, whether or not such investments are trust investments, as the committee may direct. (Amended 92 of 1991 s. 6)(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 92 of 1991 s. 6)(3) A person or institution appointed under subsection (2) shall, in performing his or its functions, act in accordance with any direction of the committee in respect of those functions conveyed to him or it in writing from time to time by the trustee. (Added 92 of 1991 s. 6)(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 92 of 1991 s. 6)(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 92 of 1991 s. 6) 10. 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 30 June in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet.(2) The accounts of the fund and the statement of the accounts shall be audited by an auditor appointed by the Chief Executive and the auditor shall certify the statement subject to such report, if any, as he may think fit.(3) The audited statement of accounts together with the auditor’s report, if any, and a copy of the report by the committee 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 31 December next following the end of such period, or so soon thereafter as the Chief Executive may in his absolute discretion allow.(Replaced 36 of 1956 s. 2. Amended 4 of 2000 s. 3)