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To make provision for the establishment of a trust fund to be known as the Hong Kong Tramways Educational Trust Fund, for the incorporation of the Chairman of the Management Committee to act as Trustee of the said fund, for the due administration thereof and for purposes connected with the matters aforesaid. [10 August 1956] (Originally 43 of 1956) Cap 1091 Preamble WHEREAS- (a) Hongkong Tramways Limited (hereinafter called the Founders) marked the fiftieth anniversary of the running of the first tramcar in Hong Kong by allocating funds for the establishment of a trust in 1954 and have made a further allocation of funds for the same purpose in 1955 which said funds are held in cash together with interest accrued thereon or have been used to purchase shares; (b) the Founders have dedicated the fund as hereinafter defined and accretions thereto in perpetuity for the promotion and encouragement of education of selected children of employees and ex-employees of the Founders; (c) it is desirable to incorporate the Chairman of the Committee set up under section 6 to act as Trustee of the trust fund as hereinafter defined: Cap 1091 s 1 Short title This Ordinance may be cited as the Hong Kong Tramways Educational Trust Fund Ordinance. Cap 1091 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "Committee" (委员会) means the Committee established under section 6; "employee of the Founders" (创办人雇员) includes a former employee of the Founders; "Founders" (创办人) means Hongkong Tramways Limited. Cap 1091 s 3 Establishment of trust fund (1) There is hereby established a trust fund to be known as the Hong Kong Tramways Educational Trust Fund, hereinafter called the Fund. (2) The Fund shall consist of cash and shares together with any sums accumulated by way of dividends or interest thereon, bonus issues of shares and such other moneys and assets as may from time to time be given to the Fund, and such moneys or investments as shall from time to time represent the same. Cap 1091 s 4 Incorporation of the trustee Remarks: Adaptation amendments retroactively made - see 55 of 2000 s. 3 (1) The Chairman of the Committee shall be the Trustee of the Fund, hereinafter referred to as the Trustee, and shall be a body corporate and shall have the name "The Trustee of the Hong Kong Tramways Educational Trust Fund", and in that name shall have perpetual succession, and shall and may sue and be sued in all courts in Hong Kong and shall and may have and use a common seal, and may from time to time break, change, alter and make anew the said seal. (Amended 55 of 2000 s. 3) (2) The Trustee shall be empowered to act as Trustee and whilst so acting shall have power to acquire, accept leases of, purchase, take, hold and enjoy, any lands, buildings, messuages or tenements of whatsoever nature or kind 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 whatsoever nature and kind. (3) The Trustee 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 the Trustee upon such terms as to the Trustee may seem fit. (4) All deeds and other instruments requiring the seal of the Trustee shall be sealed in the presence of the occupant of the Trustee for the time being and shall also be signed by him and such deeds and instruments, and all other documents, instruments and writings requiring a signature on behalf of the Trustee shall be signed by such occupant. Cap 1091 s 5 Fund to be held upon trusts The Trustee shall hold the Fund upon the trusts, and with and subject to the powers and provisions, hereinafter in this Ordinance contained. Cap 1091 s 6 Committee of management (1) There shall be a Committee who shall have the management of the Fund. (2) The Committee shall consist of- (a) the Chairman of the Founders who shall be Chairman of the Committee; (b) a Director of the Founders appointed by resolution of the Board of Directors of the Founders; (c) the Manager of the Founders; (d) such other members not exceeding three as may be appointed by resolution of the Board of Directors of the Founders.(3) The persons named in paragraphs (a) and (c) of subsection (2) shall whilst holding their respective offices be ex officio members of the Committee. (4) Every member appointed pursuant to paragraphs (b) and (d) of subsection (2) shall hold office for a fixed period of three years or until such time as his appointment is revoked and a new member appointed in his place by resolution of the Board of Directors of the Founders. Upon expiry of any such term of office a member may be re-appointed for a further similar term or a new member may be appointed in his place. |