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COPY.
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Honourable Secretary for Chinese Affairs,
1.
The deed of Trust para. 3 provides that "the
Trust Fund shall be kept as a separate fund and its designation 'The Brewin Charity Fund' shall in no wise be changed at any future time and this clause shall be deemed to be part of the
consideration for the making of these presents." It is difficult to conceive of words which could express more strongly the desire
of the founders that the name should not be changed.
2.
The deed provides by para.4 that "the Trustees
shall employ the interest and income of the Trust Fund for making such payment to or for the benefit of any of the Chinese_widows
and orphans resident in this Colony who may become indigent or destitute and of Chinese workmen employed in this Colony who may become incapacitated for work by reason of old age or sickness or who may have been permanently disabled by any accident as the
Committee shall in their absolute discretion from time to time
think proper."
It is clear that whatever the original hopes of Mr. Brewin may
have been the founders of the Trust Fund could hardly have
expressed the Trust in clearer language. It contemplates death
and permanent incapacity through age, sickness or accident but
it is much more of a pension and superannuation fund than a
compensation for accident fund. Moreover it is limited to
resident widows and orphans and to local workmen who can work
no longer.
3. The Trustees are the Tung Wah Hospital which
was incorporated under Ordinance No.1 of 1870 and whose continued
existence as a corporation under the name of "The Tung Wah Hospital" is confirmed by section 3 of Ordinance No. 31 of 1930.
The fund is therefore in effect a charity with "the imprimatur, the support, the authority and the guidance which incorporation by Ordinance confers," which Mr. Brewin desires. Nothing more
could
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