Cap. 1101 - Sir Robert Black Trust Fund Ordinance

To make provision for the establishment of a trust fund to be known as the “Sir Robert Black Trust Fund” and for the due administration thereof and for purposes connected with the matters aforesaid. [1 December 1961](Format changes—E.R. 3 of 2023)Preamble WHEREAS—(a) the sum of one million dollars has been donated by Mr. TANG Shiu-kin for the purpose of establishing a trust fund to be known as the “Sir Robert Black Trust Fund” for the welfare, education and training of persons particularly in fields of activity which are of social value; and(b) the Governor has approved the use of his name in the title of the fund: 1. Short title This Ordinance may be cited as the Sir Robert Black Trust Fund Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—committee (委員會) means the committee appointed under section 5. 3. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the “Sir Robert Black Trust Fund”, hereinafter referred to as the fund, which shall be 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 the moneys referred to in the preamble together with any sum accumulated by way of interest thereon, dividends and such other moneys as may be paid into the fund, and the fund shall include also such other moneys and assets as may from time to time be donated to or acquired by the trustee on the trusts hereinafter set out. 4. Objects of the trust fund (1) The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may advise for the following objects—(a) to provide for persons, who appear to the committee to be of exceptional merit, opportunities for the furtherance of studies, of developing initiative and character and of acquiring greater social usefulness in particular through the qualities of personal leadership in the service of all members of the community;(b) to make grants to individuals or to groups of individuals for the furtherance of activities which appear to the committee—(i) to be of social value; and(ii) to develop qualities of personal initiative and resource;(c) to make grants for the training of individuals or groups of individuals who appear to the committee to be likely to become devoted leaders of community service of any kind.(2) In selecting persons to be beneficiaries of the fund the committee shall have regard to—(a) the circumstances of the family of the proposal beneficiary; and(b) any qualities of the proposed beneficiary whatsoever. 5. Establishment of committee (1) There shall be established a committee to be known as the “Sir Robert Black Trust Fund Committee”.(2) The committee shall consist of—(a) the Secretary for Home and Youth Affairs as ex officio member and chairman; (Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989; L.N. 144 of 2022)(b) the Permanent Secretary for Education as ex officio member and vice-chairman; (Amended 3 of 2003 s. 41; L.N. 130 of 2007)(c) the Director of Social Welfare as ex officio member;(d)-(e) (Repealed 50 of 1973 s. 2)(f) 3 other members appointed by the Chief Executive. (Amended 18 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 re-appointed or removed at the discretion of the Chief Executive. (Amended 18 of 1999 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 93 of 1991 s. 2)(5) The validity of any proceedings of the committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment of any member thereto. 6. Control by committee Subject to the provisions of this Ordinance and the agreement of the trustee, 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 their procedure in the transaction of business;(b) for the maintenance of good order at their meetings; and(c) generally for matters relating to the administration and management of the fund and the discharge of their duties.(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. 362 of 1997; 18 of 1999 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 93 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 they may think proper, a secretary, a treasurer, and such other officials as they may think necessary for the purpose of carrying out the trusts and may employ any professional person to advise them on any point arising out of or in connexion with the said trusts. (Amended 93 of 1991 s. 4)(2) All salaries and fees of any person or persons so appointed or employed shall be paid by the trustee out of the fund. 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 advise. (Amended L.N. 16 of 1977; 48 of 1989 s. 2; 93 of 1991 s. 5)(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 93 of 1991 s. 5)(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 93 of 1991 s. 5)(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 93 of 1991 s. 5)(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 93 of 1991 s. 5) 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 31 March in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and balance sheet and shall be signed by the trustee.(2) The accounts of the fund and the signed 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) A copy of the signed and audited statement of accounts together with the auditor’s report, if any, 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 30 September next following the end of such period, or so soon thereafter as the Chief Executive, in his absolute discretion, may allow.(Amended 18 of 1999 s. 3) 11. Cost of administration of the fund 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 93 of 1991 s. 6)