Cap. 1100 - Social Work Training Fund Ordinance

To establish a trust fund for the training of social workers. [18 August 1961](Format changes—E.R. 4 of 2022)Preamble WHEREAS—(a) The United Kingdom Committee For World Refugee Year has given to the Government the sum of $2,200,000.00 to inaugurate a fund to be applied in the provision of training facilities for social workers and for persons desirous of becoming social workers;(b) of the said sum of $2,200,000.00, the sum of $19,939.06 has been expended for such purpose, leaving a balance of $2,180,060.94; and(c) it is considered expedient to vest the said balance of $2,180,060.94 in the Director of Social Welfare Incorporated as trustee and to provide for the administration, by a committee appointed for that purpose, of the said balance and of any further sums added thereto: 1. Short title This Ordinance may be cited as the Social Work Training Fund Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—committee (委員會) means the Social Work Training Fund Committee established by section 5;fund (基金) means the Social Work Training Fund established by section 3;secretary (秘書) means the secretary of the committee appointed under section 7;social work (社會工作) means any activity which, in the opinion of the committee, is concerned with the maintenance or improvement of the social and personal well-being, recreation or conditions of living of persons resident in Hong Kong but does not include any training or activity necessary for the purpose of obtaining registration under the provisions of the Dentists Registration Ordinance (Cap. 156), the Medical Registration Ordinance (Cap. 161), the Midwives Registration Ordinance (Cap. 162), the Nurses Registration Ordinance (Cap. 164), or the Education Ordinance (Cap. 279); (Amended 15 of 1988 s. 4)social worker (社會工作者) means a person who is trained for or employed in or engaged in any social work;trustee (受託人) means the Director of Social Welfare Incorporated as trustee of the fund. 3. Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Social Work Training Fund which is hereby vested in the Director of Social Welfare Incorporated, a body corporate incorporated under and by virtue of the Director of Social Welfare Incorporation Ordinance (Cap. 1096), as trustee.(2) The fund shall consist of—(a) the sum of $2,180,060.94 being the balance of the sum paid to the Government by The United Kingdom Committee For World Refugee Year, together with any interest thereon up to the date of coming into operation# of this Ordinance; and(b) any further donations or bequests at any time made to the fund and accepted by the committee. Editorial Note: # Operation date: 18 August 1961. 4. Objects of the fund (1) The trustee shall hold and stand possessed of the fund subject to such direction and control by the committee as is provided in this Ordinance and subject to and in accordance with the provisions of this Ordinance upon trust to apply the income thereof and, subject as is hereinafter provided, to apply the capital thereof—(a) in making grants to individuals for the purpose of study and training as social workers, including payment of passages, travel and subsistence allowances and other incidental expenses;(b) in improving existing training facilities for social workers;(c) in running of courses for social workers and payment of any necessary expenses in connection therewith;(d) in the training of persons for social work in Hong Kong and in obtaining advice about such training; and(e) for any other purpose connected therewith, designed to improve the training and skill of social workers in Hong Kong. (Amended 15 of 1988 s. 4)(2) The trustee, subject to the direction of the committee, may apply for such purposes any income of the fund and any capital of the fund which has been obtained by the accumulation of income in any previous year but may not apply any other part of the capital of the fund for any such purpose without the prior consent of the Chief Executive. (Amended 18 of 1999 s. 3) 5. Establishment of committee (1) For the management of the fund, there shall be established a committee to be known as the Social Work Training Fund Committee which shall consist of—(a) the Director of Social Welfare who shall be the Chairman of the committee;(b) (Repealed 15 of 1988 s. 2)(c) the Permanent Secretary for Labour and Welfare or his nominee; and (Amended 3 of 2003 s. 41; L.N. 130 of 2007)(d) such other members not exceeding 3 as may be appointed by the Chief Executive.(2) A member appointed by the Chief Executive shall hold office for 3 years or such lesser period as may be stipulated by the Chief Executive from the date of his appointment and may be reappointed or removed at the discretion of the Chief Executive.(3) If a member appointed under subsection (1)(d) is absent from Hong Kong, the Chief Executive may appoint another person to replace such member during his absence. (Amended 15 of 1988 s. 4)(4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders made under section 6 and unless so fixed shall be 3 members. (Amended 15 of 1988 s. 2)(Amended 18 of 1999 s. 3) 6. Standing orders of committee (1) The committee may make standing orders—(a) governing the procedure of the committee in the transaction of business;(b) for the maintenance of good order at meetings of the committee; 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 standing order made under subsection (1) shall be furnished to the Chief Secretary for Administration and every standing order shall be subject to disallowance by the Chief Executive. (Amended L.N. 226 of 1976; 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 the case of an equality of votes, the Chairman shall have a casting vote in addition to his original vote. 7. Secretary (1) There shall be a secretary to the committee who shall be appointed by the Chief Executive. (Amended 18 of 1999 s. 3)(2) The secretary shall summon such meetings of the committee as may be required of which he shall give to each member thereof not less than 7 days’ notice with an agenda.(3) The secretary shall maintain minutes of each meeting of the committee. 8. Power to solicit and take donations and bequests The committee may solicit and accept on behalf of the trustee donations and bequests to the fund. 9. Borrowing powers The trustee may borrow such sums of money at such rates of interest and subject to such terms or conditions as the committee may direct for the furtherance of any of the purposes specified in section 4, and, with the prior consent of the Chief Executive, may charge the capital and assets of the fund as security for the repayment thereof.(Amended 18 of 1999 s. 3) 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 such 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 upon 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 in his absolute discretion may allow. (Amended 15 of 1988 s. 3)(Amended 18 of 1999 s. 3) 11. Investments The trustee may invest any moneys in such investments, whether or not such investments are trust investments, as the committee may direct subject, in the case of investments which are not trust investments, to the prior approval of the Financial Secretary.(Amended L.N. 16 of 1977; 18 of 1999 s. 3) 12. Cost of administration The cost of the administration of the fund 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 15 of 1988 s. 4) 13. 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 18 of 1999 s. 3)