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[接上页] (5) The Chief Executive may by order confirm, reverse or vary the decision complained of, or may refuse to review such decision, and such order shall be final. (Amended 65 of 1999 s. 3) Cap 291 s 18 Interpretation PART III ESTABLISHMENT OF SCHOLARSHIP FUND In this Part, unless the context otherwise requires- "Committee" (顾问委员会) means the Marine Fish Scholarship Fund Advisory Committee established by section 24; "corporation" (法团) means the corporation sole incorporated by section 19; "fund" (基金) means the Marine Fish Scholarship Fund established by section 19; "trustee" (受讬人) means the Director as trustee of the fund. (Part III added 14 of 1978 s. 5) Cap 291 s 19 Establishment and vesting of fund (1) There is hereby established a trust fund to be known as the Marine Fish Scholarship Fund. (2) The trustee shall hold the fund upon the trusts and subject to the provisions contained in this Part. (3) The fund shall consist of- (a) the sum of $1000000 which shall, on the date of commencement of this Part, be paid to the trustee by the Organization from moneys received by it under this Ordinance; and (b) such further moneys and assets as may be- (i) donated, subscribed or bequeathed to, and accepted by, the trustee; or (ii) otherwise acquired by the trustee.(4) For the purposes of this Part, the person for the time being performing the duties of the office of the Director shall be the trustee of the fund and shall be a corporation sole and shall have the name of "The Trustee of the Marine Fish Scholarship Fund" (海鱼奖学基金受讬人) and in that name shall have perpetual succession and may sue and be sued in any court. (5) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee. (6) 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. (Part III added 14 of 1978 s. 5) Cap 291 s 20 Objects of the fund The trustee shall apply the fund for the following objects- (a) the provision of scholarships, grants and loans for the education and training of persons employed in the marine fisheries and fish marketing industries in Hong Kong and their families and dependants; and (b) the provision of scholarships, grants and loans for the education and training of persons who wish to enter the marine fisheries and fish marketing industries in Hong Kong. (Part III added 14 of 1978 s. 5) Cap 291 s 21 Cost of administering the fund (1) The cost of the administration of the fund and costs incurred by the Committee in the discharge of its functions under this Part, other than any audit fee paid under section 23(2) which shall be a charge on the fund, shall be borne by the Organization. (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 the general revenue of Hong Kong. (Part III added 14 of 1978 s. 5) Cap 291 s 22 Investment The trustee may invest any of the moneys of the fund in investments of any kind whether such investments are permitted for the investment of trust funds or not, subject, in the case of investments which are not so permitted, to the prior approval of the Financial Secretary. (Part III added 14 of 1978 s. 5) Cap 291 s 23 Accounts Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) The trustee shall cause proper accounts to be kept of all transactions and shall cause to be prepared for every period of 12 months ending the 31st March in each year 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 and the signed statement of the accounts shall be audited by an auditor, appointed from time to time by the Chief Executive, who shall certify the 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 auditor's report, if any, and a report by the trustee on the administration of the fund during the period covered by the audited accounts shall be laid upon the table of the Legislative Council not later than the 31st October next following the end of such period or so soon thereafter as the Chief Executive may in his discretion allow. (Part III added 14 of 1978 s. 5. Amended 65 of 1999 s. 3) Cap 291 s 24 Establishment of Advisory Committee Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) There shall be established a committee to be known as the Marine Fish Scholarship Fund Advisory Committee. (2) The Committee shall advise the trustee on all matters whatsoever touching the administration of the fund and the attainment of the objects thereof. (3) The Committee shall consist of- (a) the trustee; (b) 3 other members of the Fish Marketing Advisory Board to be elected annually by the said Board; (c) 2 public officers and 2 members of the public to be appointed by the Chief Executive. (Amended 65 of 1999 s. 3)(4) The trustee shall be ex officio the chairman of the Committee, but in the event of his absence from any meeting the members present shall appoint any other of its members as chairman. (5) Four members of the Committee shall form a quorum. (6) The trustee shall appoint a public officer to be the secretary to the Committee. (7) The Committee may regulate its own procedure. (Part III added 14 of 1978 s. 5) |