TNAG-1687-FCO40-2337-Hong-Kong-legislation-regarding-the-control-of-publications--1987 — Page 39

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Ord. No. 12/87 SIR EDWARD YOUDE MEMORIAL FUND

(d) accumulate any income of the Fund not applied under section 6 or

paid under section 8 or 15.

Additional payments from the Fund.

8.

The Board of Trustees shall pay out of the income of the Fund

Establishment

of Council.

Council's

powers.

Appointments under this Ordinance.

Transaction of business by circulation of

papers.

(a)

all fees of any person or institution employed by it under section 7(b) and all salaries, allowances and expenses of any person employed by the Council under section 10; and

(b) the reasonable travelling and accommodation expenses of any person not a resident of Hong Kong appointed to be a member of the Board of Trustees or of the Council arising out of or in connexion with his attendance in Hong Kong at any meeting thereof.

9. (1) There is established a Council to be known as the "Sir Edward Youde Memorial Fund Council" which may, subject to this Ordinance, determine all matters whatsoever touching the application of the income of the Fund and the fulfilment of the purposes thereof.

(2) The Council shall consist of—

(a) a Chairman appointed by the Governor;

(b) the Secretary for Education and Manpower, or his representative,

as ex officio member;

(c) 5 other members appointed by the Governor.

(3) The first members appointed under subsection (2)(c) shall include Lady Youde, widow of Sir Edward Youde.

10. The Council may employ any person—

(a) to advise it on any matter arising out of or in connexion with its

functions under this Ordinance; or

(b) to perform any of its functions under this Ordinance.

11. (1) A person appointed by the Governor under this Ordinance shall hold office for such period as may be specified in the letter of his appointment but may be removed by the Governor at his pleasure.

(2) The Governor shall give notice in the Gazette of any appointment under this Ordinance.

(3) Any person appointed under this Ordinance may resign by giving notice in writing under his hand to the Governor.

(4) A person whose appointment expires or who resigns may be re- appointed by the Governor.

12. The Board of Trustees and the Council may transact any of their business by circulation of papers, and a resolution in writing which is approved in writing by a majority of members shall be as valid and effectual as if it had been passed at a meeting of the Board of Trustees or Council, as the case may be.

SIR EDWARD YOUDE MEMORIAL FUND

Ord. No. 12/87

A67

13. Sections 51 and 52 of the Interpretation and General Clauses Application of Ordinance apply to the Board of Trustees and the Council as they apply to a sections 51 and committee.

52 of the Interpretation and General Clauses Ordinance.

(Cap. 1.)

14. (1) The Board of Trustees shall keep such accounts and records Accounts. of the transactions of the Fund as the Director of Accounting Services may require and shall prepare for each financial year a statement of the accounts of the Fund, which statement shall include an income and expenditure account and a balance sheet and shall be signed by the Chairman of the Board of Trustees.

(2) The signed statement of the accounts of the Fund shall be submitted by the Chairman of the Board of Trustees to the auditor appointed under subsection (3) within a period of 6 months from the end of the financial year to which it relates or within such greater period as the Governor may allow.

(3) The accounts of the Fund and the signed statement of the accounts shall be audited by an auditor appointed by the Governor, who shall certify such statement subject to any report he may think fit to make.

(4) There shall be laid on the table of the Legislative Council on or before 31 December next following the end of each financial year or so soon thereafter as the Governor may allow—

(a) a copy of the signed and audited statement of accounts together

with the auditor's report, if any;

(b) a report of the Board of Trustees on the administration of the

Fund during that financial year; and

(c) such other report, if any, as the Governor may see fit to make

thereon.

15. (1) All costs and expenses incurred by the Government in Cost of administering the Fund shall be a charge upon general revenue.

(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 general revenue.

1987.

(3) The fee charged under subsection (2) shall-

(a) be in respect of a financial year; and

(b) not exceed 24 per cent of the income of the Fund over that

financial year.

Passed by the Hong Kong Legislative Council this 11th day of March

LAW Kam-sang,

Clerk to the Legislative Council.

administering the Fund.