Police Children's Education Trust Ordinance


Published: 1997-07-01

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Cap 1119 - POLICE CHILDREN'S EDUCATION TRUST ORDINANCE 1

Chapter: 1119 POLICE CHILDREN'S EDUCATION TRUST
ORDINANCE

Gazette Number Version Date


Long title L.N. 362 of 1997 01/07/1997


To establish a trust fund for providing assistance in, and facilities for, the higher education of the children of junior
police officers of the Hong Kong Police Force and for the due administration of such fund and for purposes
connected with the matters aforesaid.

(Amended 29 of 1969 s. 2; L.N. 362 of 1997)


[1 December 1967]

(Originally 68 of 1967)

Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Police Children's Education Trust Ordinance.

Section: 2 Interpretation L.N. 362 of 1997 01/07/1997


In this Ordinance, unless the context otherwise requires-
"Commissioner" (處長) means the Commissioner of Police;
"committee" (委員會) means the committee established under section 6;
"fund" (基金) means the trust fund established by section 3;
"higher education" (高等教育) means post-primary education or any education of a professional, technological,

academic or other nature not below the standard of post-primary education;
"junior police officer" (初級警務人員) means a police officer of the Hong Kong Police Force below the rank of

inspector; (Amended 29 of 1969 s. 2; L.N. 362 of 1997)
"trustee" (受託人) means the Commissioner as trustee of the fund;
"vesting day" (歸屬日期) means the date of commencement of this Ordinance.

Section: 3 Establishment and vesting of fund L.N. 362 of 1997 01/07/1997


(1) There is hereby established a trust fund to be known as the Police Children's Education Trust.
(2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Ordinance.
(3) The fund shall consist of-

(a) the balance on the vesting day of the moneys donated by members of the public to the fund set up and
opened to subscription on 19 May 1967 with the object of providing assistance for the higher
education of the children of junior police officers of the Hong Kong Police Force; (Amended 29 of
1969 s. 2; L.N. 362 of 1997)

(b) such other assets as may have been acquired before the vesting day by the use of any moneys so
donated; and

(c) such further moneys and assets as may, on or after the vesting day, be-
(i) donated, subscribed or bequeathed to, and accepted by, the trustee; or
(ii) otherwise acquired by the trustee.


Section: 4 Incorporation of the Commissioner as trustee 30/06/1997


(1) For the purposes of this Ordinance, the person for the time being performing the duties of the office of the
Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section called the corporation)
and shall have the name "The Trustee of the Police Children's Education Trust", and in that name shall have perpetual
succession and may sue and be sued in any court.



Cap 1119 - POLICE CHILDREN'S EDUCATION TRUST ORDINANCE 2

(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 be
received in evidence and shall, unless the contrary is proved, be deemed to be an instrument so executed.

Section: 5 Objects and application of the fund 30/06/1997


The trustee shall apply the fund in such manner as the committee may direct for the following objects-
(a) the provision of assistance in, and facilities for, the higher education of the children of junior police

officers and for purposes ancillary thereto; and
(b) the provision for any such children, who appear to the committee to be deserving, of opportunities for

the furtherance of studies.

Section: 6 Establishment of committee L.N. 130 of 2007 01/07/2007


Remarks:
For the saving and transitional provisions relating to the amendments made by the Resolution of the Legislative
Council (L.N. 130 of 2007), see paragraph (12) of that Resolution.


(1) The fund shall be managed by a committee to be known as the Police Children's Education Trust

Committee.
(2) The committee shall consist of-

(a) a Chairman, appointed by the Chief Executive;
(b) the Commissioner, or his representative;
(c) the Permanent Secretary for Education, or his representative; (Amended 3 of 2003 s. 41; L.N. 130 of

2007)
(d) a police welfare officer, appointed by the Commissioner;
(e) a representative of the junior police officers, appointed by the Chief Executive; and
(f) such other members, not exceeding six, as may be appointed by the Chief Executive. (Amended 76 of

1999 s. 3)
(3) A member appointed by the Chief Executive shall hold office for such period as may be specified in the

letter of appointment and may be reappointed or removed by the Chief Executive. (Amended 76 of 1999 s. 3)
(4) The quorum necessary for the transaction of business by the committee may be fixed by standing orders

made under section 7 and unless so fixed shall be five members.

Section: 7 Standing orders L.N. 362 of 1997;

76 of 1999
01/07/1997



Remarks:
Adapation amendments retroactively made - see 76 of 1999 s. 3


(1) The committee may make standing orders-
(a) governing its procedure in the transaction of business;
(b) for the maintenance of good order at its meetings; 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 such standing order shall be furnished to the Chief Secretary for Administration and every

such order shall be subject to amendment by the Chief Executive. (Amended L.N. 226 of 1976; L.N. 242 of 1994;
L.N. 362 of 1997; 76 of 1999 s. 3)

Section: 8 Appointment of officers and professional advisers 30/06/1997


(1) The committee may from time to time appoint, upon such salary and upon such terms as it may think
proper, a secretary, a treasurer, and such other officials as it may think necessary for the purpose of carrying out the
trusts and may employ any professional person to advise it on any matter arising out of or in connection with the



Cap 1119 - POLICE CHILDREN'S EDUCATION TRUST ORDINANCE 3

trusts.
(2) All salaries and fees of any person so appointed or employed shall be paid by the trustee of the fund.


Section: 9 Investment of moneys 76 of 1999 01/07/1997


Remarks:
Adapation amendments retroactively made - see 76 of 1999 s. 3


(1) The trustee may invest any moneys of the fund in such investments, whether or not such investments are
trust investments, as the committee may advise, subject, in the case of investments which are not trust investments, to
the prior approval of the Investment Advisory Board. (Amended L.N. 16 of 1977; L.N. 453 of 1993)

(2) The Chief Executive shall, for the purposes of subsection (1), appoint an Investment Advisory Board,
which shall consist of not less than three nor more than five persons.

(Amended 76 of 1999 s. 3)

Section: 10 Accounts 76 of 1999 01/07/1997


Remarks:
Adapation amendments retroactively made - see 76 of 1999 s. 3


(1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be
prepared, in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every period of
one year ending on 31 March, 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 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 shall be laid
on the table of the Legislative Council not later than 31st day of December next following the end of such period, or
so soon thereafter as the Chief Executive may allow. (Amended 72 of 1991 s. 2)

(Amended 76 of 1999 s. 3)

Section: 11 Costs of administering the fund 76 of 1999 01/07/1997


Remarks:
Adapation amendments retroactively made - see 76 of 1999 s. 3


(1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (2) of
section 8, shall be a charge upon 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 76 of 1999 s. 3)

(2) The fee charged under the proviso to subsection (1) shall-
(a) be in respect of the period from the vesting day to 31 March 1968, and thereafter in respect of every

period of one year ending on 31 March; and
(b) not exceed two and a half per cent of the income of the fund over the relevant period.


Section: 12 Saving 76 of 1999 01/07/1997


Remarks:
Adapation amendments retroactively made - see 76 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 person except such as are mentioned in this Ordinance and those
claiming by, from or under them.



Cap 1119 - POLICE CHILDREN'S EDUCATION TRUST ORDINANCE 4

(Amended 76 of 1999 s. 3)

Related Laws

1952 Police Act