Cap 1044 - SECRETARY FOR HOME AFFAIRS INCORPORATION ORDINANCE 1

Chapter: 1044 SECRETARY FOR HOME AFFAIRS
INCORPORATION ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To provide for the incorporation of the Secretary for Home Affairs.
(Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)


[10 April 1928]


(Originally 3 of 1928 (Cap 310 1950))

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Secretary for Home Affairs Incorporation Ordinance.
(Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989)


Section: 2 Incorporation of the Secretary for Home Affairs

(Amended L.N. 262 of 1989)
30/06/1997



The person for the time being performing the duties of the office of Secretary for Home Affairs shall be a
corporation sole, hereinafter called the corporation, and shall have the name of "The Secretary for Home Affairs
Incorporated" and shall and may have and use a common seal.

(Amended 18 of 1957 Third Schedule; L.N. 22 of 1969; L.N. 15 of 1970; L.N. 67 of 1985; L.N. 68 of
1985; L.N. 262 of 1989; L.N. 263 1989)


Section: 3 Powers of corporation 30/06/1997


(1) The corporation shall have power to acquire, accept leases of, purchase, take, hold and enjoy any lands,
buildings, messuages or tenements of what nature or kind soever and wheresoever situate, and also to invest moneys
upon mortgage of any lands, buildings, messuages or tenements or upon the mortgages, debentures, stocks, funds,
shares or securities of any government, municipality, corporation or company, and also to purchase, acquire and
possess goods and chattels of what nature and kind soever.

(2) The corporation shall further have power to grant, sell, convey, assign, surrender, exchange, partition, yield
up, mortgage, demise, reassign, transfer or otherwise dispose of any lands, buildings, messuages, tenements,
mortgages, debentures, stocks, funds, shares or securities, or other goods and chattels whatsoever, which are for the
time being vested in or belonging to the corporation, upon such terms as to the corporation may seem fit. (Amended 4
of 1955 s. 2)

Section: 4 Property and rights transferred to corporation to vest or

remain vested in corporation and not to pass to personal
representatives of occupant

30/06/1997



Notwithstanding any change in the occupant of the corporation, whether on account of death, departure on leave,
return from leave, temporary employment elsewhere, resumption of duties, new appointment or other cause
whatsoever, and notwithstanding the nature of the property or rights, all property and rights whatsoever, transferred to
the corporation or to any occupant of the corporation as such, in any manner whatsoever, shall vest or remain vested in
the corporation so as to be capable of being dealt with by the occupant of the corporation for the time being and shall
not vest in any occupant in his natural capacity.

Section: 5 Evidence as to the identity of the occupant of the

corporation
L.N. 362 of 1997 01/07/1997



If any question arises as to who is or was at any time the occupant of the corporation for the time being, a



Cap 1044 - SECRETARY FOR HOME AFFAIRS INCORPORATION ORDINANCE 2

certificate under the hand of the Chief Secretary for Administration shall be conclusive evidence for all purposes
whatsoever as to the person who is or was the occupant.

(Amended L.N. 226 of 1976; L.N. 362 of 1997)

Section: 6 Execution of documents 30/06/1997


All deeds and other instruments requiring the seal of the corporation shall be sealed in the presence of the
occupant of the corporation for the time being, and such deeds and instruments, and all other documents, instruments
and writings requiring the signature of the corporation, shall be signed by such occupant.

Section: 7 Vesting of property 18 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 18 of 1999 s. 3


The corporation will continue to hold the pieces or parcels of ground which were vested in it on 10 April 1928,
except such of the same as have been or may at any time be disposed of under section 3(2), together with all rights,
easements and appurtenances belonging or appertaining thereto, or therewith usually held, occupied and enjoyed-

(a) in the case of premises held under Government lease, for the term granted thereby and subject to the
payment of the rent and the performance of the covenants and conditions reserved thereby and
contained therein; and

(b) in the case of there being no Government lease, for the term and subject to the payment of the rent and
performance of the covenants and conditions to be implied in all the circumstances of the case,

and in every case whatsoever subject to the trusts on which the respective pieces or parcels of ground were held
immediately before 10 April 1928.

(Replaced 24 of 1950 Schedule. Amended 13 of 1966 Schedule; 18 of 1999 s. 3)

Section: 8 Power to accept other trusts, to invest and deposit trust

funds
18 of 1999 01/07/1997



Remarks:
Adaptation amendments retroactively made - see 18 of 1999 s. 3


(1) For the avoidance of doubt, it is hereby declared that it shall be lawful for the corporation to accept trusts
other than those mentioned in section 7 if the corporation first obtains the approval of the Chief Executive. (Added 4
of 1955 s. 3)

(2) It is also hereby declared that-
(a) the corporation may invest, in accordance with the provisions of the Trustee Ordinance (Cap 29), such

trust funds in the hands of the corporation whether at the time in a state of investment or not; and
(b) notwithstanding such provisions, the corporation shall also have power and shall be deemed always to

have had power, in cases where the occupant of the corporation for the time being considers it
impracticable for any reason whatsoever for such trust funds to be so invested, to deposit such trust
funds in the Hong Kong Savings Bank or such other savings bank as the Chief Executive may approve
generally or in any particular case. (Added 15 of 1958 s. 2)

(Amended 15 of 1958 s. 2; 18 of 1999 s. 3)

Section: 9 Saving 18 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 18 of 1999 s. 3


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



Cap 1044 - SECRETARY FOR HOME AFFAIRS INCORPORATION ORDINANCE 3

claiming by, from or under them.
(Amended 18 of 1999 s. 3)


Section: 10 Accounts, audit and annual report 18 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 18 of 1999 s. 3


(1) The corporation shall keep accounts and records of all transactions in respect of any trust funds it
administers.

(2) The Director of Accounting Services may give such directions in writing to the corporation as he thinks fit
with respect to the keeping of accounts and records referred to in subsection (1) and the corporation shall comply with
any such direction.

(3) The corporation shall prepare in relation to the trust funds it administers a statement of accounts of the
funds for each period of 12 months ending on 31 March in any year, in such form as the Director of Accounting
Services may require in writing.

(4) A statement of accounts required by subsection (3) shall be signed by the person for the time being
performing the duties of the office of the Secretary for Home Affairs and shall, unless the accounts of the trust funds
the corporation administers have been audited by an independent accountant under section 24(4) of the Trustee
Ordinance (Cap 29), be submitted by the corporation to the Director of Audit not later than 30 September following
the end of the period to which it relates, or such later date as the Chief Executive may allow. (Amended L.N. 262 of
1989; 18 of 1999 s. 3)

(5) Where the statement of accounts is submitted to the Director of Audit under subsection (4), such statement
of accounts and the accounts of the funds referred to in subsection (1) shall be audited by the Director of Audit, who
shall certify the statement of accounts together with such report, if any, as he may think fit and submit the audited
statement of accounts and the report thereon, if any, to the corporation.

(6) A copy of the corporation's audited statement of accounts, together with the Director of Audit's report, if
any, and a report, if any, by the corporation on the administration of the fund during the period covered by the audited
statement of accounts shall be laid upon the table of the Legislative Council not later than 3 months after the audited
statement of accounts and the report thereon, if any, are received by the corporation from the Director of Audit.

(Added 19 of 1989 s. 2)