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[接上页] (a) a Chairman appointed by the Chief Executive; (b) the Secretary for Education and Manpower, or his representative, as ex officio member; (c) 5 other members appointed by the Chief Executive. (Amended 18 of 1999 s. 3)(3) The first members appointed under subsection (2)(c) shall include Lady Youde, widow of Sir Edward Youde. (Enacted 1987) Cap 1140 s 9A Functions of Council The Council has the following functions- (a) to determine all matters concerning the application of the income of the Fund and the fulfilment of the Fund's purposes; and (b) to solicit and accept on behalf of the Board of Trustees donations, subscriptions and bequests to the Fund. (Added 30 of 1997 s. 4) Cap 1140 s 10 Council's powers The Council may employ any person- (a) to advise it on any matter arising out of or in connection with its functions under this Ordinance; or (b) to perform any of its functions under this Ordinance. (Enacted 1987) Cap 1140 s 11 Appointments under this Ordinance Remarks: Amendments retroactively made - see 18 of 1999 s. 3 (1) A person appointed by the Chief Executive under this Ordinance shall hold office for such period as may be specified in the letter of his appointment but may be removed at the discretion of the Chief Executive. (2) The Chief Executive shall give notice in the Gazette of any appointment under this Ordinance. (3) Any person appointed under this Ordinance may resign by giving notice in writing under his hand to the Chief Executive. (4) A person whose appointment expires or who resigns may be reappointed by the Chief Executive. (Enacted 1987. Amended 18 of 1999 s. 3) Cap 1140 s 12 Transaction of business by circulation of papers The Board of Trustees and the Council may transact any of their 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 Council, as the case may be. (Enacted 1987) Cap 1140 s 13 Application of sections 51 and 52 of the Interpretation and General Clauses Ordinance (Cap 1) Sections 51 and 52 of the Interpretation and General Clauses Ordinance (Cap 1) apply to the Board of Trustees and the Council as they apply to a committee. (Enacted 1987) Cap 1140 s 14 Accounts Remarks: Amendments retroactively made - see 18 of 1999 s. 3 (1) The Board of Trustees shall keep such accounts and records of the transactions of the Fund as the Director of Accounting Services may require and shall prepare for each financial year a statement of the accounts of the Fund. (Amended 30 of 1997 s. 6) (1A) The statement shall include - (a) an income and expenditure account for the relevant financial year; (b) a balance sheet made up to the last day of that year; and (c) particulars of any income received and any expenditure incurred by the Council in that year in the exercise of its function under section 9A(b). (Added 30 of 1997 s. 6)(1B) The statement shall be signed by the Chairman of the Board of Trustees. (Added 30 of 1997 s. 6) (2) The signed statement of the accounts of the Fund shall be submitted by the Chairman of the Board of Trustees to the auditor appointed under subsection (3) within a period of 6 months from the end of the financial year to which it relates or within such greater period as the Chief Executive may allow. (3) The accounts of the Fund and the signed statement of the accounts shall be audited by an auditor appointed by the Chief Executive, who shall certify such statement subject to any report he may think fit to make. (4) There shall be laid on the table of the Legislative Council on or before 31 December next following the end of each financial year 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 Board of Trustees on the administration of the Fund during that financial year; and (c) such other report, if any, as the Chief Executive may see fit to make thereon. (Enacted 1987. Amended 18 of 1999 s. 3) Cap 1140 s 15 Cost of administering the Fund (1) All costs and expenses incurred by the Government in administering the Fund shall be a charge upon general revenue. (2) 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 general revenue. (3) The fee charged under subsection (2) shall- (a) be in respect of a financial year; and (b) not exceed 2 1/2% of the income of the Fund over that financial year. (Enacted 1987) |