CO129-569-15 A.W. Brewin- queries on Brewin Charity and compensation for Chinese workmen 6-2-1938 - 6-2-1938 — Page 20

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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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