Cap. 467

An Ordinance to establish a trust fund called the “Prisoners’ Education Trust Fund” and to provide for the due administration thereof and for connected matters. (Amended E.R. 6 of 2021)[1 December 1995] L.N. 558 of 1995(Format changes—E.R. 6 of 2021) (Enacting provision omitted—E.R. 6 of 2021) 1. Short title (Amended E.R. 6 of 2021)(1) This Ordinance may be cited as the Prisoners’ Education Trust Fund Ordinance.(2) (Omitted as spent—E.R. 6 of 2021) 2. Interpretation In this Ordinance, unless the context otherwise requires—Commissioner (署長) means the Commissioner of Correctional Services;committee (委員會) means the committee established by section 6;fund (基金) means the fund established by section 3;education (敎育) means post-primary education or any education of a professional, technological, academic or other nature not below the standard of post-primary education;prisoner (在囚人士) means any convicted person kept in the custody of the Correctional Services Department;trustee (受託人) means the Commissioner as trustee of the fund;*vesting day (歸屬日期) means the day of commencement of this Ordinance. Editorial Note: * Vesting day: 1 December 1995. 3. Establishment of fund (1) There is hereby established a fund called the “Prisoners’ Education Trust Fund”. (Amended E.R. 6 of 2021)(2) The trustee shall hold the fund on the trusts and subject to the provisions contained in this Ordinance.(3) The fund shall consist of—(a) all moneys donated to the Commissioner prior to the vesting day for the purposes of the fund;(b) all assets acquired by the Commissioner prior to the vesting day by the use of moneys referred to in paragraph (a);(c) such donations as may be made to the fund from time to time;(d) such other moneys, assets or property as may be acquired by the trustee for the purposes of the fund from time to time, including any accumulated income of the fund. 4. Objects of the trust The trustee shall hold and stand possessed of the fund upon trust to apply the same in such manner and to such extent as the committee may direct for the purposes of providing financial assistance to individual prisoners, on application, in their efforts to obtain education and providing educational facilities for prisoners. 5. Incorporation of Commissioner as trustee (1) For the purposes of this Ordinance the Commissioner shall be the trustee of the fund and shall be a corporation sole (in this section referred to as the corporation) and shall have the name of “The Trustee of the Prisoners’ Education Trust Fund”, and in that name shall have perpetual succession and may sue and be sued in any court.(2) The corporation shall have a common seal and the affixing of the seal shall be authenticated by the signature of the trustee.(3) Any instrument purporting to be an instrument duly executed under the seal of the corporation shall, in the absence of evidence to the contrary, be deemed to be an instrument so executed. 6. Establishment of committee (1) For the purpose of directing the trustee with regard to the objects of the fund and with regard to the investment of fund moneys, there shall be established a committee to be known as the “Prisoners’ Education Trust Fund Committee”.(2) The committee shall consist of—(a) a chairman, who shall not be a public officer, appointed by the Secretary for Security, who shall hold office for such period as shall be specified in his letter of appointment, but who shall be eligible for reappointment;(b) a member, who shall not be a public officer, appointed by the Secretary for Security, who shall hold office for 3 years, but who shall be eligible for reappointment;(c) the Commissioner as an ex officio member or a person appointed by the Commissioner to represent him;(d) the officer in charge of the Prisoners’ Welfare Section of the Correctional Services Department;(e) the officer in charge of the Education Section of the Correctional Services Department.(3) The quorum necessary for the transaction of business by the committee at a meeting shall be 3 members.(4) The validity of any proceedings of the committee shall not be affected by any vacancy among the members thereof or by any defect in the appointment thereto of any member.(5) The committee may make standing orders—(a) governing their procedure in the transaction of business;(b) for the maintenance of good order at their meetings; and(c) generally for matters relating to the discharge of their duties.(6) The standing orders shall be subject to disallowance, alteration or amendment by the Secretary for Security.(7) All questions arising at any meeting of the committee shall be decided by a majority of votes of members present and, in the case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. 7. Accounts (1) The trustee shall cause such accounts to be kept of all transactions of the fund as the Director of Accounting Services may require and shall cause to be prepared, for every period of 12 months ending on 31 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 within 3 months of the end of the financial year to which they relate.(2) The accounts of the fund and the signed statement of accounts shall be audited by the Director of Audit 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 together with such other report as the trustee may see fit to make shall be laid on the table of the Legislative Council within 3 months of the receipt by the trustee of the signed and audited statement of accounts from the auditor. 8. Investment Advisory Committee (1) For the purposes of advising on the investment of fund moneys, there shall be established an advisory committee to be known as the “Investment Advisory Committee”.(2) The Investment Advisory Committee shall consist of not less than 3 and not more than 5 persons appointed by the Secretary for Security by reason of their knowledge and experience of banking, investment and financial matters.(3) Members of the Investment Advisory Committee shall hold office for 3 years but shall be eligible for reappointment.(4) The Secretary for Security shall appoint one member of the Investment Advisory Committee to be chairman.(5) All questions arising at any meeting of the Investment Advisory Committee shall be decided by a majority of votes of the members present and, in the case of an equality of votes, the chairman shall have a casting vote in addition to his original vote. 9. Investment of moneys (1) The trustee may invest any moneys of the fund in such trust investments as may be recommended by the Investment Advisory Committee and approved by the Prisoners’ Education Trust Fund Committee.(2) In subsection (1), trust investments (信託投資項目) means investment specified in Schedule 2 to the Trustee Ordinance (Cap. 29).(Amended E.R. 2 of 2014) 10. Cost of administration of the fund The cost of the administration of the fund shall be a charge on the general revenue.