Prisoners' Education Trust Fund 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 467 - PRISONERS' EDUCATION TRUST FUND ORDINANCE 1

Chapter: 467 PRISONERS' EDUCATION TRUST FUND
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To establish a trust fund called the Prisoners' Education Trust Fund and to provide for the due administration thereof
and for connected matters.

(Enacted 1995)


[1 December 1995] L.N. 558 of 1995

(Originally 19 of 1995)

Section: 1 Short title 30/06/1997


(1) This Ordinance may be cited as the Prisoners' Education Trust Fund Ordinance.
(2) (Omitted as spent)

(Enacted 1995)

Section: 2 Interpretation 30/06/1997


In this Ordinance, unless the context otherwise requires-
"Commissioner" (署長) means the Commissioner of Correctional Services;
"committee" (委員會) means the committee established by section 6;
"fund" (基金) means the fund established by section 3;
"education" (教育) means post-primary education or any education of a professional, technological, academic or other

nature not below the standard of post-primary education;
"prisoner" (在囚人士) means any convicted person kept in the custody of the Correctional Services Department;
"trustee" (受託人) means the Commissioner as trustee of the fund;
"vesting day" (歸屬日期) means the day of commencement of this Ordinance.

(Enacted 1995)

Section: 3 Establishment of fund 30/06/1997


(1) There is hereby established a fund called the Prisoners' Education Trust Fund.
(2) The trustee shall hold the fund on the trusts and subject to the provisions contained in this Ordinance.
(3) The fund shall consist of-

(a) all moneys donated to the Commissioner prior to the vesting day for the purposes of the fund;
(b) all assets acquired by the Commissioner prior to the vesting day by the use of moneys referred to in

paragraph (a);
(c) such donations as may be made to the fund from time to time;
(d) such other moneys, assets or property as may be acquired by the trustee for the purposes of the fund

from time to time, including any accumulated income of the fund.
(Enacted 1995)


Section: 4 Objects of the trust 30/06/1997


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 direct for the purposes of providing financial assistance to individual prisoners, on
application, in their efforts to obtain education and providing educational facilities for prisoners.

(Enacted 1995)




Cap 467 - PRISONERS' EDUCATION TRUST FUND ORDINANCE 2

Section: 5 Incorporation of Commissioner as trustee 30/06/1997


(1) For the purposes of this Ordinance the Commissioner shall be the trustee of the fund and shall be a
corporation sole (in this section referred to as "the corporation") and shall have the name of "The Trustee of the
Prisoners' Education Trust Fund", and in that name shall have perpetual succession and may sue and be sued in any
court.

(2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the
signature of the trustee.

(3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall, in the
absence of evidence to the contrary, be deemed to be an instrument so executed.

(Enacted 1995)

Section: 6 Establishment of committee 30/06/1997


(1) For the purpose of directing the trustee with regard to the objects of the fund and with regard to the
investment of fund moneys, there shall be established a committee to be known as the "Prisoners' Education Trust
Fund Committee".

(2) The committee shall consist of-
(a) a chairman, who shall not be a public officer, appointed by the Secretary for Security, who shall hold

office for such period as shall be specified in his letter of appointment, but who shall be eligible for
reappointment;

(b) a member, who shall not be a public officer, appointed by the Secretary for Security, who shall hold
office for 3 years, but who shall be eligible for reappointment;

(c) the Commissioner as an ex officio member or a person appointed by the Commissioner to represent
him;

(d) the officer in charge of the Prisoners' Welfare Section of the Correctional Services Department;
(e) the officer in charge of the Education Section of the Correctional Services Department.

(3) The quorum necessary for the transaction of business by the committee at a meeting shall be 3 members.
(4) 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 thereto of any member.
(5) 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 discharge of their duties.

(6) The standing orders shall be subject to disallowance, alteration or amendment by the Secretary for Security.
(7) 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.
(Enacted 1995)


Section: 7 Accounts 30/06/1997


(1) The trustee shall cause such accounts to be kept of all transactions of the fund as the Director of Accounting
Services may require 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 within 3 months of the end of the financial year to which they relate.

(2) The accounts of the fund and the signed statement of accounts shall be audited by the Director of Audit who
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 together with
such other report as the trustee may see fit to make shall be laid on the table of the Legislative Council within 3
months of the receipt by the trustee of the signed and audited statement of accounts from the auditor.

(Enacted 1995)




Cap 467 - PRISONERS' EDUCATION TRUST FUND ORDINANCE 3

Section: 8 Investment Advisory Committee 30/06/1997


(1) For the purposes of advising on the investment of fund moneys, there shall be established an advisory
committee to be known as the "Investment Advisory Committee".

(2) The Investment Advisory Committee shall consist of not less than 3 and not more than 5 persons appointed
by the Secretary for Security by reason of their knowledge and experience of banking, investment and financial
matters.

(3) Members of the Investment Advisory Committee shall hold office for 3 years but shall be eligible for
reappointment.

(4) The Secretary for Security shall appoint one member of the Investment Advisory Committee to be
chairman.

(5) All questions arising at any meeting of the Investment Advisory Committee shall be decided by a majority
of votes of the members present and, in the case of an equality of votes, the chairman shall have a casting vote in
addition to his original vote.

(Enacted 1995)

Section: 9 Investment of moneys E.R. 2 of 2014 10/04/2014


(1) The trustee may invest any moneys of the fund in such trust investments as may be recommended by the
Investment Advisory Committee and approved by the Prisoners' Education Trust Fund Committee.

(2) In subsection (1), "trust investments" (信託投資項目) means investment specified in Schedule 2 to the
Trustee Ordinance (Cap 29).

(Amended E.R. 2 of 2014)
(Enacted 1995)


Section: 10 Cost of administration of the fund 30/06/1997


The cost of the administration of the fund shall be a charge on the general revenue.
(Enacted 1995)

Related Laws