Cap. 399 - Queen Elizabeth Foundation for the Mentally Handicapped Ordinance

To establish the Queen Elizabeth Foundation for the Mentally Handicapped and to provide for the administration thereof and for matters connected therewith. [22 July 1988](Format changes—E.R. 3 of 2021)Preamble WHEREAS—(a) a net profit has accrued and will accrue from the sale of gold coins by the Government to commemorate the visit to Hong Kong in 1986 of Her Majesty Queen Elizabeth II;(b) Her Majesty has been graciously pleased to permit Her name to be associated with the establishment of a foundation to apply that net profit for the furtherance of the welfare, education and training of the mentally handicapped in Hong Kong; and(c) the Royal Hong Kong Jockey Club has generously agreed to donate moneys towards the establishment of such a foundation: 1. Short title This Ordinance may be cited as the Queen Elizabeth Foundation for the Mentally Handicapped Ordinance. 2. Interpretation In this Ordinance, unless the context otherwise requires—committee (委員會) means a committee established under section 7(1);Council (理事會) means the Council of the Foundation established under section 5;Foundation (基金) means the Queen Elizabeth Foundation for the Mentally Handicapped established by section 3(1);Foundation assets (基金資產) means the assets of the Foundation described in section 3(4);Foundation income (基金收益) means income of the Foundation derived from Foundation assets;mental handicap (弱智) means any condition of arrested or incomplete development of the mind which involves a significant impairment of intelligence or of social functioning;the mentally handicapped (弱智人士) means persons suffering from mental handicap. 3. Establishment of Foundation (1) There is established a body corporate to be known as the “Queen Elizabeth Foundation for the Mentally Handicapped”.(2) The purpose of the Foundation shall be the furtherance of the welfare, education and training of the mentally handicapped in Hong Kong, and the promotion of their employment prospects.(3) There shall be paid to the Foundation by the Government—(a) from the Special Coin Suspense Account (established by resolution of the Legislative Council on 19 March 1975)—(i) the net profit accruing from the sale of gold coins by the Government to commemorate the visit to Hong Kong in 1986 of Her Majesty Queen Elizabeth II; and(ii) such sum as will make the total payments from that Account $30 million;(b) from the general revenue, a matching contribution of $30 million.(4) The assets of the Foundation shall be—(a) the sums paid by the Government under subsection (3);(b) the sum of $30 million to be donated by the Royal Hong Kong Jockey Club;(c) such further moneys or property as may from time to time be donated, subscribed or bequeathed to the Foundation and accepted by the Council or otherwise acquired by the Foundation; and(d) Foundation income accumulated under section 6(3)(d). 4. Seal The fixing of the seal of the Foundation shall be—(a) authorized or ratified by resolution of the Council; and(b) authenticated by the signature of any 2 members of the Council authorized by the Council either generally or specially to act for that purpose. 5. Establishment of Council There shall be a Council which shall be known as the “Council of the Queen Elizabeth Foundation for the Mentally Handicapped” and which shall consist of—(a) a Chairman appointed by the Chief Executive; (Amended 18 of 1999 s. 3)(b) the Secretary for Home and Youth Affairs, or his representative; (Amended L.N. 262 of 1989; L.N. 144 of 2022)(ba) the Permanent Secretary for Education, or his representative; (Added 58 of 1991 s. 2. Amended 3 of 2003 s. 41; L.N. 130 of 2007)(bb) the Director of Social Welfare, or his representative; (Added 58 of 1991 s. 2)(c) the Commissioner for Rehabilitation, or his representative;(d) a member nominated by the Hong Kong Jockey Club and appointed by the Chief Executive; and (Amended 18 of 1999 s. 3)(e) not less than 7 nor more than 9 other members appointed by the Chief Executive. (Amended 58 of 1991 s. 2; 18 of 1999 s. 3) 6. Duties and powers of Council (1) Subject to this Ordinance, the Council, in the name and on behalf of the Foundation—(a) shall apply Foundation income and may apply Foundation assets for carrying out the purpose of the Foundation as described in section 3(2); and(b) shall determine and perform all matters relating to the application of that income and those assets and the carrying out of that purpose.(2) In performing its duties under subsection (1), the Council may apply all Foundation income and all the Foundation assets except that—(a) sufficient income shall be reserved in each financial year to make payments under sections 9 and 14(b) in respect of that financial year;(b) a sum of $81 million (being 90 per cent of the value of the Foundation assets described in section 3(4)(a) and (b)) shall be reserved for investment in accordance with subsection (3)(a).(3) The Council may, in the name and on behalf of the Foundation—(a) invest the Foundation assets in such investments as the Council thinks fit;(b) convert into money any Foundation assets not acquired in the form of money;(c) borrow money in such manner, on such terms and against such security as the Council thinks expedient;(d) accumulate Foundation income not applied under subsection (2) or paid under section 9 or 14(b). 7. Appointment of committees (1) The Council may by resolution establish one or more committees to advise it on all or any of its functions under this Ordinance and may appoint persons to be members of such committees.(2) A person may be appointed to be a member of a committee whether or not he is a member of the Council.(3) Subject to section 11 and to any direction given by the Council, every committee may regulate its own procedure. 8. Employment of assistants and advisers The Council may, in the name and on behalf of the Foundation, employ—(a) one or more persons to assist it in the performance of its functions; and(b) one or more professional persons or financial institutions to advise it on any matter arising out of or in connection with its functions under this Ordinance or to manage the investment of the Foundation assets in accordance with such general or specific directions as the Council may give in writing from time to time. (Amended 58 of 1991 s. 3) 9. Payment of fees and expenses (1) Any member of the Council or of any committee who is required to travel to or in Hong Kong or elsewhere for the purpose of attending any meeting of the Council or of that committee, shall be paid out of Foundation income reasonable travelling and accommodation expenses in connection with such attendance.(2) The salaries, fees and expenses of any person or institution employed by the Council under section 8 shall be determined by the Council and paid out of Foundation income. 10. Appointments by the Chief Executive (1) A person appointed by the Chief Executive under this Ordinance—(a) shall hold office at the discretion of the Chief Executive;(b) subject to paragraph (a), shall hold office for such period as may be specified in the terms of the appointment;(c) may resign by giving notice in writing to the Chief Executive.(2) A person appointed by the Chief Executive under this Ordinance whose appointment expires or who resigns may be re-appointed by the Chief Executive.(3) The Chief Executive shall give notice in the Gazette of every appointment made by him under this Ordinance.(Amended 18 of 1999 s. 3) 11. Transaction of business and regulation of procedures (1) Meetings of the Council shall be held at such times and places as may be appointed by the Chairman, who shall preside at all such meetings.(2) If the Chairman is unable to perform the functions of his office for any period due to absence from Hong Kong or for any other reason, he may nominate a member of the Council to perform those functions in his place, and failing such nomination, the Chief Executive shall appoint a member of the Council to act as Chairman for that period. (Amended 18 of 1999 s. 3)(3) The Council and any committee may transact any of its business by circulation of papers, and for that purpose a resolution in writing which is approved in writing by a majority of members shall be as valid and effectual as if it had been passed at a meeting of the Council or of that committee, as the case may be.(4) With the exception of section 53, Part VII of the Interpretation and General Clauses Ordinance (Cap. 1) shall apply in relation to the Council and any committee.(5) Subject to this section, the Council may regulate its own procedure. 12. Accounts (1) The Council shall—(a) keep such accounts and records of the financial transactions of the Foundation as the Director of Accounting Services may require; and(b) prepare for each financial year a statement of the accounts of the Foundation, which statement shall include an income and expenditure account and a balance sheet and be signed by the Chairman of the Council.(2) The statement of the accounts of the Foundation, signed as required by subsection (1)(b), shall be submitted by the Chairman of the Council to the Director of Audit within 6 months from the end of the financial year to which it relates, or within such longer period as the Chief Executive may determine. (Amended 18 of 1999 s. 3)(3) The accounts of the Foundation and the signed statement of the accounts shall be audited by the Director of Audit who shall certify such statement subject to any report he may think fit to make. 13. Reports There shall be laid on the table of the Legislative Council on or before 31 December following the end of each financial year or by such later date as the Chief Executive may determine—(a) a copy of the statement of the accounts of the Foundation, signed as required by section 12(1), together with the Director of Audit’s certificate and report, if any, as provided for by section 12(3);(b) a report by the Council on its activities on behalf of the Foundation during that financial year; and(c) such report, if any, as the Chief Executive may see fit to make on the accounts or reports referred to in paragraphs (a) and (b).(Amended 18 of 1999 s. 3) 14. Cost of administering the Foundation Where during any financial year the Government provides administrative services for the Foundation—(a) any costs incurred by the Government in providing such services shall be a charge on the general revenue;(b) if the Financial Secretary so directs, an administration fee to be determined by him, but not exceeding 2 1/2 per cent of Foundation income in that financial year, shall be paid out of Foundation income to the general revenue.