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[接上页] (i) for educational purposes in accordance with the Schedule; and (ii) for payment to the Director of Social Welfare for use by him for the relief of distress in cases for which no adequate assistance is available from other sources; and(b) the capital of the fund for such educational purposes, including the establishment or endowment of educational institutions in Hong Kong, as the committee may in its discretion decide. (Replaced 49 of 1989 s. 2)(2) Notwithstanding subsection (1), the committee may invest any part of the income of the fund as capital, the income from which shall thereafter form part of the income of the fund. (Replaced 104 of 1970 s. 3) Cap 1110 s 7 Investments (1) Subject to subsections (2) to (5), the trustee may invest any moneys of the fund including the proceeds of the realization of any of the shares donated as aforesaid in such investments, whether or not such investments are trust investments, as the committee may advise. (Amended L.N. 16 of 1977; 48 of 1989 s. 2; 94 of 1991 s. 3) (2) If the committee so directs, the trustee shall employ such professional person or financial institution as may be nominated by the committee to manage the investment of all or part of the moneys of the fund invested by the trustee under subsection (1). (Added 94 of 1991 s. 3) (3) A person or institution appointed under subsection (2) shall, in performing his or its functions, act in accordance with any advice of the committee in respect of those functions conveyed to him or it in writing from time to time by the trustee. (Added 94 of 1991 s. 3) (4) The trustee shall not be responsible for the consequences of any act or omission of a person or institution employed under subsection (2) if he or it was employed in good faith. (Added 94 of 1991 s. 3) (5) All salaries and fees of a person or institution employed under subsection (2) shall be paid by the trustee out of the fund. (Added 94 of 1991 s. 3) Cap 1110 s 8 Rules Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) The committee may make rules providing for- (a) its procedure in the transaction of business and the maintenance of good order at meetings; and (b) generally all matters relating to the administration and management of the fund and the discharge of the duties of the committee.(2) A copy of every rule made in accordance with the provisions of subsection (1) shall be furnished to the Chief Secretary for Administration and any such rule shall be subject to disallowance or amendment at any time by the Chief Executive. (Amended L.N. 362 of 1997; 4 of 2000 s. 3) Cap 1110 s 9 Express powers of committee (1) The committee shall have power to write off from the moneys of the fund any sums which the committee finds to be irrecoverable. (2) Save as is provided in section 6(1) and (2), the committee shall not have power to apply or to direct that the trustee should apply any of the capital funds of the trust as income or for any other purpose. (Amended 49 of 1989 s. 3) Cap 1110 s 10 Determination of questions at meeting Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 All questions which may arise at any meeting of the committee shall be decided by a majority of votes by members present and, in the case of equality of votes, the chairman shall have a casting vote in addition to his original vote: Provided that in any case in which the committee is equally divided in opinion without the casting vote of the chairman, any 3 members of the committee may demand that the point be referred to the Chief Executive for his decision and in such event the decision of the Chief Executive shall be final. (Amended 4 of 2000 s. 3) Cap 1110 s 10A Transaction of business by circulation of papers The committee may transact any of its business by circulation of papers amongst members, and a resolution in writing which is approved in writing by a majority of the members shall be as valid and effectual as if it had been passed at a meeting of the committee. (Added 94 of 1991 s. 4) Cap 1110 s 11 Accounts Remarks: Adaptation amendments retroactively made - see 4 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 prepared for every period of 12 months ending on 31 August in each year, a statement of the accounts of the fund, which statement shall include an income and expenditure account and a balance sheet and shall be signed by the trustee. (2) The accounts of the fund and the signed statement of accounts shall be audited by the Director of Audit who shall certify that 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 report, if any, of the Director of Audit 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 28 February next following the end of such period, or so soon thereafter as the Chief Executive, in his absolute discretion, may allow. (Amended 4 of 2000 s. 3) |