【法规名称】
【法规编号】 42097 什么是编号？
【正 文】
CAP 1077 BREWIN TRUST FUND ORDINANCE
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To make provision for the establishment of a trust fund to be known as the Brewin Trust Fund, and for the due administration thereof, and for purposes connected with the matters aforesaid. [4 March 1955] (Originally 9 of 1955) Cap 1077 s 1 Short title This Ordinance may be cited as the Brewin Trust Fund Ordinance. Cap 1077 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "charitable institution" (慈善机构) means a charitable institution or trust of a public character which is exempt from tax under section 88 of the Inland Revenue Ordinance (Cap 112); (Replaced 21 of 1994 s. 2) "committee" (委员会) means the committee appointed under section 5; "widow" (寡妇) includes a concubine and a mother of a child not born in wedlock. Cap 1077 s 3 Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Brewin Trust Fund, hereinafter referred to as the fund, which is vested in the Secretary for Home Affairs Incorporated as trustee. (Amended L.N.15 of 1970; L.N. 68 of 1985; L.N. 263 of 1989) (2) The fund shall consist of moneys and assets together with any sum accumulated by way of interest thereon, rents, dividends and such other moneys as may be paid into the fund and shall include also such other moneys and assets as may from time to time be acquired by the trustee on the trusts hereinafter set out. Cap 1077 s 4 Object of trust fund (1) Subject to this section, the trustee shall hold and stand possessed of the fund upon trust to apply the fund in such manner and to such extent as the committee may direct for the object of the maintenance and benefit of- (a) widows, widowers and orphans resident in Hong Kong; and (b) workmen (including females) who, having been employed in Hong Kong, have become wholly or in part incapacitated for work by reason of age, sickness, disablement or otherwise,who appear to require such maintenance and benefit in the opinion of- (i) the committee; (ii) in the case of a direction given under subsection (2)(a), the trustee; (iii) in the case of a direction given under subsection (2)(b), the Government department or charitable institution specified in the direction.(2) The committee may give a direction in writing to the trustee- (a) to apply for the object specified in subsection (1), and subject to the terms and conditions, if any, specified in the direction, such amount of the moneys of the fund as is specified in the direction; or (b) to allocate to a Government department or charitable institution specified in the direction such amount of the moneys of the fund as is specified in the direction for the purpose of the application of those moneys- (i) by that department or institution; (ii) for the object specified in subsection (1); and (iii) subject to the terms and conditions, if any, specified in the direction.(3) Where a direction is given under subsection (2)- (a) the trustee shall comply with that direction; and (b) in the case of such a direction given under paragraph (b) of that subsection- (i) the trustee shall give a copy of the direction to the Government department or charitable institution specified in the direction; and (ii) that Government department or charitable institution shall apply the moneys specified in the direction for the object specified in subsection (1) subject to the terms and conditions, if any, specified in the direction. (Replaced 21 of 1994 s. 3) Cap 1077 s 5 Establishment of committee Remarks: Adaptation amendments retroactively made - see 4 of 2000 s. 3 (1) There shall be established a committee to be known as the Brewin Trust Fund Committee. (2) The committee shall consist of the Secretary for Home Affairs as ex officio member and chairman and such members not less than 5 in all as the Chief Executive may appoint. (Amended L.N. 22 of 1969; L.N. 67 of 1985; L.N. 262 of 1989; 4 of 2000 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 re-appointed or removed at the discretion of the Chief Executive. (Amended 4 of 2000 s. 3) (4) The quorum necessary for the transaction of business by the committee at a meeting of the committee may be fixed by standing orders made under section 7 and unless so fixed shall be 3 members. (Amended 92 of 1991 s. 2) Cap 1077 s 6 Control by committee Subject to the provisions of this Ordinance, the committee may determine all matters whatsoever touching the administration of the fund and the attainment of the objects thereof. Cap 1077 s 7 Standing orders Remarks: Adaptation amendments retroactively made - see 4 of 2000 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 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 such standing orders shall be furnished to the Chief Secretary for Administration and they shall be subject to disallowance, alteration or amendment by the Chief Executive. (Amended L.N. 226 of 1976; L.N. 362 of 1997; L.N. 307 of 1998; 4 of 2000 s. 3) |
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