Lord Wilson Heritage Trust Ordinance


Published: 1997-06-30

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Cap 425 - LORD WILSON HERITAGE TRUST ORDINANCE 1

Chapter: 425 LORD WILSON HERITAGE TRUST ORDINANCE Gazette Number Version Date

Long title 30/06/1997


An Ordinance to establish the Lord Wilson Heritage Trust and to provide for its administration and related matters.
(Enacted 1992)


[18 December 1992]


(Originally 85 of 1992)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Lord Wilson Heritage Trust Ordinance.
(Enacted 1992)


Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Board of Trustees" (受託人委員會) means the Board of Trustees of the Lord Wilson Heritage Trust established by

section 4;
"Council" (理事會) means the Council of the Lord Wilson Heritage Trust established under section 7;
"objects of the Trust" (信託宗旨) means the objects specified in section 3(3);
"Trust" (信託) means the Lord Wilson Heritage Trust established by section 3(1);
"Trust assets" (信託資產) means the assets of the Trust specified in section 3(2);
"Trust capital" (信託資本) means Trust assets other than Trust income;
"Trust income" (信託收益) means moneys-

(a) earned from the investment of Trust assets;
(b) generated by the letting or other use of Trust property or by other activities undertaken by the Board of

Trustees or by the Council for promoting the objects of the Trust; or
(c) subscribed to the Trust on a recurrent basis.

(Enacted 1992)

Section: 3 Establishment of the Trust 30/06/1997


(1) There is established a trust to be known as the "Lord Wilson Heritage Trust".
(2) The assets of the Trust shall consist of-

(a) all moneys and property donated, subscribed or bequeathed before the commencement of this
Ordinance in anticipation of the establishment of the Trust, together with any moneys earned
therefrom;

(b) such other moneys and property as may, on or after the commencement of this Ordinance, be donated,
subscribed or bequeathed to the Trust and accepted by, or otherwise acquired by the Board of Trustees
for the Trust; and

(c) Trust income accumulated under section 6(1)(c).
(3) The objects of the Trust are the preservation and conservation of the human heritage of Hong Kong.

(Enacted 1992)

Section: 4 Establishment of the Board of Trustees 32 of 2000 09/06/2000


Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3


(1) There is established a body corporate with perpetual succession to be known as the "Board of Trustees of



Cap 425 - LORD WILSON HERITAGE TRUST ORDINANCE 2

the Lord Wilson Heritage Trust" which may in that name sue and be sued.
(2) The Board of Trustees shall consist of-

(a) a Chairman appointed by the Chief Executive;
(b) the Secretary for Home Affairs, or his representative, as ex officio member; (Amended L.N. 372 of

1996; 32 of 2000 s. 48)
(c) not fewer than 10 nor more than 14 other members appointed by the Chief Executive. (Amended 59 of

2000 s. 3)
(3) The Board of Trustees shall be the trustee of the Trust.
(4) The Board of Trustees shall have a common seal the fixing of which shall be-

(a) authorized or ratified by resolution of the Board of Trustees; and
(b) authenticated by the signature of any 2 members of the Board of Trustees authorized by the Board

either generally or specially to act for that purpose.
(Enacted 1992)


Section: 5 Application of the Trust assets 59 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3


(1) The Board of Trustees shall hold the Trust assets upon trust to apply the same, in such proportions as the
Board of Trustees may determine-

(a) for promoting the objects of the Trust;
(b) for the purpose of investment.

(2) After provision has been made for fees and expenses payable under section 10, the Trust income for a
financial year may be applied either for promoting the objects of the Trust or for the purpose of investment.

(3) Trust capital may be applied-
(a) for promoting the objects of the Trust, subject to the written consent of the Chief Executive in respect

of each application; (Amended 59 of 2000 s. 3)
(b) for the purpose of investment, in such manner as the Board of Trustees may determine.

(Enacted 1992)

Section: 6 Additional powers of the Board of Trustees 30/06/1997


(1) The Board of Trustees may-
(a) invest Trust assets in such investments as it thinks fit, whether or not such investments are in Hong

Kong or are authorized by section 4 of the Trustee Ordinance (Cap 29);
(b) borrow money in such manner, on such terms and against such security as the Board of Trustees thinks

expedient;
(c) accumulate Trust income not applied under section 5(2) or paid under section 10;
(d) acquire, by gift, purchase or other means, property whether or not subject to any mortgage, easement

or other charge, and hold and sell, let or otherwise dispose of such property either for promoting the
objects of the Trust or for the purpose of investment.

(2) The Board of Trustees may accept donations of money or property intended for promoting the objects of the
Trust, but shall have the right to refuse such donations.

(3) For the purpose of promoting the objects of the Trust, the Board of Trustees may-
(a) make grants to any person or body, public or private;
(b) subject to any law relating to the lending of money at interest, lend money to any person or body,

public or private;
(c) lend, for payment or otherwise, movable property to any person or body, public or private;
(d) employ any person or body to manage any property held by the Board of Trustees for promoting the

objects of the Trust, or to act as caretaker or tour guide at such property or elsewhere;
(e) employ such librarians, editors, conservators, researchers, curators, public relations officers and other

professional or non-professional staff as may be appropriate.
(4) The Board of Trustees may from time to time delegate to the Council all or any of its powers under

subsection (3) and where it does so the provisions of section 8(3) shall apply.



Cap 425 - LORD WILSON HERITAGE TRUST ORDINANCE 3

(Enacted 1992)

Section: 7 Establishment of the Council L.N. 206 of 1998 09/04/1998


Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3


(1) There shall be a Council to be known as the "Council of the Lord Wilson Heritage Trust".
(2) The Council shall consist of-

(a) a Chairman appointed by the Chief Executive;
(b) the Deputy Secretary for Home Affairs (Culture and Sport), or his representative, as an ex officio

member; (Amended L.N. 427 of 1996; L.N. 206 of 1998)
(c) not fewer than 5 nor more than 8 other members appointed by the Chief Executive. (Amended 59 of

2000 s. 3)
(Enacted 1992)


Section: 8 Functions and powers of the Council 30/06/1997


(1) The functions of the Council shall be-
(a) at the request of the Board of Trustees, to provide the Board of Trustees with advice on ways and

means of promoting the objects of the Trust;
(b) on behalf of the Board of Trustees, to promote the objects of the Trust by all or any of the following

means-
(i) the identification, restoration and refurbishment of relics, antiquities and monuments within the

meaning of the Antiquities and Monuments Ordinance (Cap 53) and of other historical,
archaeological and palaeontological objects, sites or structures in Hong Kong;

(ii) the provision of facilities at antiquities and monuments and at other sites or structures as
described in subparagraph (i) in order to assist public access to and appreciation of such sites or
structures;

(iii) the aural, visual and written recording of sites of historic interest, traditional ceremonies and
other aspects of the human heritage of Hong Kong;

(iv) the publication of books, papers and periodicals, and the production of tapes, discs and other
articles relating to the objects of the Trust;

(v) the holding of exhibitions and conferences relating to the objects of the Trust;
(vi) such educational activities as the Council considers will increase public awareness of and interest

in the human heritage of Hong Kong;
(vii) any other activity, whether of a kind described above or otherwise, which the Council considers

will promote the objects of the Trust.
(2) Subject to subsection (3), all such powers are hereby conferred on the Council as are reasonably necessary

to enable it to perform the functions specified in subsection (1)(b).
(3) In respect of any powers delegated to the Council by the Board of Trustees under section 6(4) or conferred

on the Council by subsection (2) of this section-
(a) the Board of Trustees shall-

(i) specify the maximum sums available for the exercise of those powers;
(ii) make funds available to the Council up to those maxima as required from time to time;
(iii) give to the Council such general or specific directions relating to the exercise of those powers as

the Board of Trustees may think fit;
(b) the Council shall be bound by-

(i) decisions of the Board of Trustees as to the maximum sums available for the exercise of those
powers;

(ii) any general or specific directions relating to the exercise of those powers which may be
communicated to the Council in writing by the Board of Trustees.

(Enacted 1992)




Cap 425 - LORD WILSON HERITAGE TRUST ORDINANCE 4

Section: 9 Employment of advisors and other staff 30/06/1997


(1) The Board of Trustees may employ any person or body-
(a) to advise it on any matter arising out of or in connection with its functions;
(b) to manage the investment of the Trust assets, or any property held by the Board of Trustees for the

purpose of investment.
(2) The Council may employ any person or body to advise it on any matter arising out of or in connection with

its functions.
(3) Any person or body employed under subsection (1)(b) shall act in accordance with such general or specific

directions as the Board of Trustees may give in writing from time to time.
(Enacted 1992)


Section: 10 Payment of fees and expenses 30/06/1997


There shall be paid out of Trust income, unless waived-
(a) all fees and expenses of any person or body employed by the Board of Trustees under section 9(1) or

by the Council under section 9(2) or appointed as auditor under section 13(2);
(b) the reasonable travelling and accommodation expenses of any member of the Board of Trustees or of

the Council who is not a resident of Hong Kong and who is required to travel to Hong Kong for the
purpose of attending any meeting of the Board or of the Council respectively.

(Enacted 1992)

Section: 11 Appointments 59 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3


(1) A person appointed under this Ordinance shall hold office for such period as may be specified in the
appointment but may be removed by the Chief Executive at his discretion.

(2) The Chief Executive shall give notice in the Gazette of any appointment under this Ordinance.
(3) A person appointed under this Ordinance may resign by giving written notice to the Chief Executive.
(4) A person whose appointment expires or who resigns may be reappointed.

(Amended 59 of 2000 s. 3)
(Enacted 1992)


Section: 12 Proceedings of the Board of Trustees and of the Council 30/06/1997


(1) The Board of Trustees and the Council may transact any business by circulation of papers, and 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 Board of Trustees or of the Council respectively.

(2) Sections 51 and 52 of the Interpretation and General Clauses Ordinance (Cap 1) shall apply to the Board of
Trustees and to the Council as they apply to a committee.

(3) Subject to subsections (1) and (2), the Board of Trustees and the Council may each regulate its own
proceedings.

(Enacted 1992)

Section: 13 Accounts 59 of 2000 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3


(1) The Board of Trustees shall keep proper books of account and records of the financial transactions of the
Trust and shall prepare for each financial year a statement of the accounts of the Trust, which statement shall include
an income and expenditure account and a balance sheet and shall be signed by the Chairman of the Board of Trustees.

(2) The Board of Trustees shall each year appoint an auditor of the accounts of the Trust.



Cap 425 - LORD WILSON HERITAGE TRUST ORDINANCE 5

(3) The signed statement of the accounts of the Trust shall be submitted by the Chairman of the Board of
Trustees to the auditor appointed under subsection (2) within 6 months after the end of the financial year to which it
relates or within such longer period as the Chief Executive may allow. (Amended 59 of 2000 s. 3)

(4) The accounts of the Trust and the signed statement of the accounts of the Trust shall be audited by the
auditor appointed under subsection (2), who shall certify such statement subject to any report he may think fit to make.

(5) There shall be laid on the table of the Legislative Council within 12 months after the end of each financial
year or within such longer period as the Chief Executive may allow-

(a) a copy of the signed and certified statement of the accounts of the Trust together with the auditor's
report, if any;

(b) a report by the Board of Trustees on the administration of the Trust assets and the promotion of the
objects of the Trust during that financial year; and

(c) such other report, if any, relating to the Trust as the Chief Executive may see fit to make. (Amended
59 of 2000 s. 3)

(Enacted 1992)

Section: 14 Exemption from liability 30/06/1997


(1) No member of the Board of Trustees or of the Council shall be liable for the consequences of any act or
omission of a person or body employed under this Ordinance in good faith.

(2) No member of the Board of Trustees or of the Council, nor any person acting in accordance with the
directions of the Board of Trustees or of the Council, shall be liable for any loss or damage resulting from any act
done or omission made in carrying out their respective functions under this Ordinance, unless such act or omission
was fraudulent, reckless or criminal or otherwise not in good faith.

(Enacted 1992)

Section: 15 No distribution of profits 30/06/1997


No dividend, bonus or other profit shall be paid out of the Trust assets to any member of the Board of Trustees
or of the Council.

(Enacted 1992)

Related Laws