Cap 1128 - SIR DAVID TRENCH FUND FOR RECREATION ORDINANCE 1
Chapter: 1128 SIR DAVID TRENCH FUND FOR RECREATION
ORDINANCE
Gazette Number Version Date
Long title 30/06/1997
To establish a fund for providing or assisting in providing facilities for recreational, sporting, cultural and social
activities and for the due administration of such fund and for purposes connected with the matters aforesaid.
[13 February 1970]
(Originally 20 of 1970)
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Sir David Trench Fund for Recreation Ordinance.
Section: 2 Interpretation 30/06/1997
In this Ordinance, unless the context otherwise requires-
"fund" (基金) means the trust fund established by section 3;
"trustee" (受託人) means the Director of Accounting Services as trustee of the fund; (Amended L.N. 16 of 1977;
L.N. 453 of 1993)
"vesting day" (歸屬日期) means the date of commencement of this Ordinance.
Section: 3 Establishment and vesting of fund 30/06/1997
(1) There is hereby established a fund to be known as the Sir David Trench Fund for Recreation.
(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 sum of 3 million dollars (hereinafter referred to as the original capital sum) being an anonymous
donation made on 5 January 1970 with the object of setting up the fund and presently held by the
Director of Accounting Services in trust for the Sir David Trench Fund for Recreation; (Amended
L.N. 16 of 1977; L.N. 453 of 1993)
(b) such other assets as may have been acquired before the vesting day by the use of any moneys so
donated;
(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 Director of Accounting Services 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
Director of Accounting Services 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 "The Trustee of the Sir David Trench Fund for Recreation", and in that
name shall have perpetual succession and may sue and be sued in any court. (Amended L.N. 16 of 1977; L.N. 453 of
1993)
(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.
Cap 1128 - SIR DAVID TRENCH FUND FOR RECREATION ORDINANCE 2
Section: 5 Application and objects of the fund 59 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3
The trustee shall apply the fund in such manner as the Chief Executive may direct for the following objects-
(a) the provision of, or assistance in the provision of facilities for recreational, sporting, cultural and social
activities;
(b) such objects ancillary or incidental to the objects set out in paragraph (a) as the Chief Executive may
consider appropriate.
(Amended 59 of 2000 s. 3)
Section: 6 Special provisions relating to manner of application of
fund
59 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3
(1) Subject to the direction of the Chief Executive, the fund, other than the original capital sum, may be
expended, applied and used for any object specified in section 5 but no part of the original capital sum shall be
expended, applied or used for any such purpose without the prior approval of the Legislative Council.
(2) The trustee may lend any moneys of the fund for any object specified in section 5 without any interest or at
such a rate of interest as the Chief Executive may direct.
(Amended 59 of 2000 s. 3)
Section: 7 Investment of moneys 59 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 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 Chief Executive may direct, subject, in the case of investments which are not trust
investments, to the prior approval of the Investment Advisory Committee.
(2) The Chief Executive shall, for the purposes of subsection (1) appoint an Investment Advisory Committee,
which shall consist of not less than three nor more than five persons.
(Amended 59 of 2000 s. 3)
Section: 8 Appointment of officials and professional advisers 59 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3
(1) The trustee may, subject to the direction of the Chief Executive, from time to time appoint, upon such
salary and upon such terms as he may think proper, such officials as he may think necessary for the purpose of
carrying out the trusts or for the proper administration and management of the fund. (Amended 59 of 2000 s. 3)
(2) The trustee may employ any professional person to advise him on any matter arising out of or in connection
with his functions under this Ordinance.
(3) All salaries and fees of any person so appointed or employed shall be paid by the trustee out of the fund.
Section: 9 Accounts 59 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3
(1) The trustee shall cause proper accounts to be kept of all transactions of the fund and shall cause to be
Cap 1128 - SIR DAVID TRENCH FUND FOR RECREATION ORDINANCE 3
prepared, in respect of the period from the vesting day to 31 March 1971, 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) There shall be laid on the table of the Legislative Council, not later than 30 September next following the
end of each period in respect of which a statement of the accounts of the fund is required to be prepared under
subsection (1) or so soon thereafter as the Chief Executive may allow-
(a) a copy of the signed and audited statement of accounts together with the auditor's report, if any;
(b) a report of the trustee on the administration of the fund during such period; and
(c) such other report, if any, as the Chief Executive may see fit to make thereon.
(Amended 59 of 2000 s. 3)
Section: 10 Cost of administering the fund 59 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 s. 3
(1) The cost of the administration of the fund, other than the salaries and fees paid under subsection (3) of
section 8, shall be a charge upon the general revenue:
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. (Amended 59 of 2000 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 1971 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: 11 Saving 59 of 2000 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 59 of 2000 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
claiming by, from or under them.
(Amended 59 of 2000 s. 3)
