PUBLIC FINANCE
Ord. No. 3/83
A19
29. (1) The Legislative Council may by resolution provide for the establishment Establishment of of funds to which moneys appropriated for the purpose may be credited and from funds. which moneys may, under the authority of a funds warrant issued by the Financial Secretary, be expended for the purposes for which the funds were established subject to such conditions, exceptions and limitations as may be specified in the resolution.
(2) Unless an Ordinance or a resolution made under subsection (1) otherwise provides, the earnings from interest or dividends on investments of funds established under this section shall not be retained for the purposes of such funds, but shall form part of the general revenue.
(3) The funds set out in the First Schedule shall be deemed to have been First Schedule. established in accordance with this section, and subsection (2) shall apply in respect thereof.
30. (1) The Legislative Council may by resolution approve the establishment Special suspense of a suspense account (in this section referred to as a special suspense account) for the accounts. purposes of any commercial or industrial activity carried on by or on behalf of the Government and specified in the resolution, subject to such conditions and limita- tions as may be specified in the resolution.
(2) Unless a resolution made under subsection (1) otherwise provides, any moneys in a special suspense account which in the opinion of the Financial Secretary are in excess of the amount reasonably required for the purposes of the account, shall not be retained therein but shall form part of the general revenue.
(3) The suspense accounts set out in the Second Schedule shall be deemed to be Second Schedule. special suspense accounts established in accordance with this section, and subsection (2) shall apply in respect thereof.
31. Every appropriation by the Legislative Council from the general revenue for the service of any financial year and every warrant issued under the provisions of this Ordinance shall lapse and cease to have effect at the close of that financial year.
PART V
SURCHARGE
Appropriations and warrants to lapse at close of financial year.
32. (1) If, at any time, it appears to the Financial Secretary that any person Power to who is or was employed as a public officer-
surcharge.
(a) has failed to collect any moneys owing to the Government for the collection
of which he is or was at the time of such employment responsible;
(b) is or was at the time of such employment responsible for any improper payment of public moneys or for any payment of public moneys which is not duly vouched;
(c) has improperly incurred expenditure at the time of such employment; (d) is or was at the time of such employment responsible for any deficiency in or loss or destruction of or damage to any public moneys, stamps, securities, stores or other Government property; or
(e) is or was at the time of such employment responsible for any loss or destruction of or damage to any property as a result of which the Government is liable for the cost of replacement or repair or for the payment of compensation,
and, if, within a period specified by the Financial Secretary, an explanation satisfac- tory to him is not furnished with regard to such failure to collect, improper payment, payment not duly vouched, expenditure improperly incurred, deficiency, loss, destruc- tion or damage, as the case may be, the Financial Secretary may, without prejudice to the provisions of any other enactment relating to the surcharge (however called) of a public officer, but subject to subsections (2) and (3), surcharge the person such sum as he may determine.