Disciplined Services Welfare Funds Legislation (Amendment) Bill 1999

Amend the Fire Services Ordinance, the Police Force Ordinance, the Prisons Ordinance, the Immigration Service Ordinance and the Customs and Excise Service Ordinance for the purpose of reconstituting the welfare funds established for members and former members of the Fire Services Department, the Police Force, the Correctional Services Department, the Immigration Service and the Customs and Excise Service and their dependants and for other purposes; and to make consequential amendments to the Royal Hong Kong Auxiliary Police Force Ordinance, the Rehabilitation of Offenders Ordinance and the Sex Discrimination Ordinance.

Enacted by the Legislative Council.

1. Short title and commencement

(1) This Ordinance may be cited as the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999.

(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Security by notice published in the Gazette.

2. Amendment of Fire Services Ordinance---(Schedule 1)

The Fire Services Ordinance (Cap. 95) is amended as indicated in Schedule 1.

3. Amendment of Police Force Ordinance---(Schedule 2)

The Police Force Ordinance (Cap. 232) is amended as indicated in Schedule 2.

4. Amendment of Prisons Ordinance---(Schedule 3)

The Prisons Ordinance (Cap. 234) is amended as indicated in Schedule 3.

5. Amendment of Immigration Service Ordinance---(Schedule 4)

The Immigration Service Ordinance (Cap. 331) is amended as indicated in Schedule 4.

6. Amendment of Customs and Excise Service Ordinance---(Schedule 5)

The Customs and Excise Service Ordinance (Cap. 342) is amended as indicated in Schedule 5.

7. Amendment of Royal Hong Kong Auxiliary Police Force Ordinance---(Schedule 6)

The Royal Hong Kong Auxiliary Police Force Ordinance (Cap. 233) is amended as indicated in Schedule 6.

8. Amendment of Rehabilitation of Offenders Ordinance---(Schedule 7)

The Rehabilitation of Offenders Ordinance (Cap. 297) is amended as indicated in Schedule 7.

9. Amendment of Sex Discrimination Ordinance---(Schedule 8)

The Sex Discrimination Ordinance (Cap. 480) is amended as indicated in Schedule 8.

10. Validation of certain transactions relating to police welfare fund

(1) All property, whether real or personal and whether located in Hong Kong or elsewhere, purporting to have been acquired by or on behalf of the Commissioner of Police of Hong Kong for the purposes of the police welfare fund before the commencement of section 3 is taken to have been validly acquired, and to be lawfully held, by the Commissioner for those purposes.

(2) If any of the property has been disposed of before that commencement, the disposal is taken to have been done lawfully, but only if the proceeds of disposal were credited to the police welfare fund and the amount of the proceeds fully reflected the value of the property.

SCHEDULE 1 [s. 2]

Amendment of Fire Services Ordinance

Item Provision affected Amendment

1. Part IV Repeal and substitute---

"PART IV

Fire Services Department Welfare Fund

18. Definitions: Part IV

In this Part---

"acquire" (取得) means acquire by purchase or by any other lawful means;

"amenities" (設施活動) means any of the following---

(a) facilities that are not chargeable to the general revenue, including holiday premises and recreational facilities (whether provided free or for a charge);

(b) social, educational and recreational activities and performances (whether provided free or for a charge and whether provided for participation or as spectator events);

"beneficiaries" (受益人) means the following persons---

(a) Fire Services employees;

(b) former Fire Services employees;

(d) dependants of deceased former Fire Services employees;

"corporation" (法團) means the corporation sole constituted under section 19(1);

"Department" means the Fire Services Department;

"dependant" (受養人) means---

(a) in relation to a Fire Services employee or a former Fire Services employee---a person who, in the opinion of the Director, is wholly or partially dependent on the employee or former employee; and

(b) in relation to a deceased Fire Services employee or a deceased former Fire Services employee---a person who, in the opinion of the Director, was, at the time of the death of the employee or former employee, wholly or partially dependent on the employee or former employee;

"dispose of" (處置) means dispose of by sale, lease, hiring, mortgage or any other lawful means;

"Fire Services employee" (消防處僱員) means any person employed in the Department;

"Fire Services Staff Purchase Scheme" (消防處職員購物計劃) means the scheme (if any) established under section 19E;

"former Fire Services employee" (前消防處僱員) means a person who was formerly a Fire Services employee and---

(a) who has retired from the Department on a pension, gratuity or other allowance; or

(b) whose contract of service as a member of the Department has expired on or after the person reached 55 years of age without the contract being renewed;

"function" (職能) includes a power, an authority and a duty;

"Fund" (基金) means the Fire Services Department Welfare Fund continued by section 19A;

"this Part" (本部) includes regulations made under section 25(b).

19. Director to be corporation sole for purposes of this Part

(1) The Director is constituted as a corporation sole for the purposes of this Part with the corporate name of "Director of Fire Services Incorporated".

(2) The corporation---

(a) has perpetual succession; and

(b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and

(d) is required to have a corporate seal; and

(e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.

(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Director or by any Fire Services employee authorized to do so by the Director.

(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Director or a Fire Services employee designated for the purpose by the Director.

(5) The corporation is not a trustee for the beneficiaries, but, subject to subsection (6), nothing in this Part limits a right conferred by law to bring legal proceedings against the corporation for a contravention of this Part or a failure to perform a duty imposed by this Part.

(6) Neither the Director nor any delegate of the corporation is personally liable in any legal proceedings arising out of an act done or omitted to be done in relation to the Fund if the act was done or omitted to be done in good faith for the purpose of giving effect to this Part.

19A. Continuance of Fire Services Department Welfare Fund

(1) The fund called the "Fire Services Department Welfare Fund" in English and "消防處福利基金" in Chinese is continued by this section.

(2) The Fund and the property derived from the application of the Fund are vested in the corporation.

19B. What the Fund consists of

The Fund consists of the following---

(a) all fees paid for the services of members detailed by the Director to perform special services under section 23 and for the use of equipment referred to in that section;

(b) any donations made to the Fund;

(c) if a Fire Services Staff Purchase Scheme is established under section 19E, proceeds derived from transactions under the Scheme;

(d) proceeds from the sale of souvenirs and the disposal of other property held for the purposes of the Fund;

(e) all fees collected from social, educational and recreational activities organized by or on behalf of the Director for the purposes of the Fund;

(f) money derived from the investment of the Fund;

(g) money accruing as interest on loans made from the Fund;

(h) gifts of money required under the Acceptance of Advantages (Governor's Permission) Notice 1992 (Cap. 201 p. c) to be disposed of by being paid into the Fund;

(i) any money voted to the Fund by the Legislative Council;

(j) money held in the Fund immediately before the commencement of Schedule 1 to the Disciplined Services Welfare Funds Legislation (Amend-ment) Ordinance 1999 ( of 1999) and money which was, immediately before that commencement, recoverable for the Fund and which is subsequently paid to, or recovered for, the Fund after that commencement;

(k) money paid or payable to the credit of the Fund from any other lawful source.

19C. Functions of corporation

(1) Subject to this Part, the principal function of the corporation is to administer the Fund, and the property derived from the application of the Fund, for the benefit of beneficiaries and others as provided by this Part.

(2) The corporation has such ancillary functions as are necessary to enable it to perform its principal function.

(3) The corporation is required---

(a) to act honestly in all matters relating to its principal function; and

(b) to exercise in relation to all matters relating to the administration of the Fund the same degree of care, skill and diligence as an ordinary prudent person would exercise in dealing with property of another person for whom the person felt morally bound to provide; and

19D. What the Fund may be used for

(1) The Fund may be used for any of the following purposes---

(a) providing and maintaining amenities for the use and enjoyment of the beneficiaries;

(b) making payments to the corporation's employees in respect of their employment;

(d) compensating Fire Services employees for extra services provided by them;

(e) making loans to beneficiaries;

(f) granting financial assistance to dependants of deceased Fire Services employees and deceased former Fire Services employees in order to meet the funeral expenses of those deceased employees and deceased former employees;

(g) making grants, allowances and gifts to beneficiaries for purposes other than the purpose mentioned in paragraph (f);

(h) making or acquiring souvenirs for sale to beneficiaries and others;

(i) if a Fire Services Staff Purchase Scheme is established under section 19E, undertaking transactions for the purpose of giving effect to the Scheme;

(j) making donations to charitable or community organizations;

(k) paying interest that is payable on loans made to the corporation or the Fund.

(2) The corporation---

(a) may dispose of property derived from the application of the Fund that is, in its opinion, no longer required for the purposes of the Fund; and

(b) may pay from the Fund the expenses incurred in disposing of the property.

(3) Loans to beneficiaries may, at the discretion of the corporation, be granted free of interest or subject to the payment of interest.

(4) Whenever the Director considers it appropriate to do so, the Director may permit persons who are not beneficiaries to enjoy the use of amenities derived from the application of the Fund. Permission may be granted subject to such conditions as the Director considers appropriate.

19E. Corporation may establish Fire Services

Staff Purchase Scheme

(1) The corporation may establish and maintain a scheme, to be known as the Fire Services Staff Purchase Scheme, under which---

(a) the Fund may be used to acquire goods or services for resupply to beneficiaries, or to finance arrangements for the supply of goods or services to beneficiaries; and

(b) payment by beneficiaries for the goods or services may be made either in a single cash sum or by instalments.

(2) If a Fire Services Staff Purchase Scheme is established, the corporation must ensure that the proceeds derived from transactions under the Scheme are credited to the Fund.

(3) For the purposes of this section, "supply" (供應) and "resupply" (重新供應) mean supply and resupply for sale.

19F. Corporation may make donations

The corporation may, whenever appropriate, donate money from the Fund to charitable or community organizations on such terms and conditions as it thinks fit.

19G. Corporation may employ staff

(1) The corporation may, for the purposes of this Part---

(a) employ persons under contracts of employment; or

(b) use the services of any staff or facilities of the Department.

(2) The corporation may fix the remuneration and other conditions of employment of its staff.

19H. Corporation may engage agents

The corporation may engage and pay agents to transact any business or do any act (including receiving or paying money) that the corporation is authorized or required to do for the purposes of this Part.

19I. Corporation may delegate its functions

(1) The corporation may delegate to a Fire Services employee any of its functions, other than this power of delegation.

(2) A delegation under this section may---

(a) be general or limited; and

(b) be revoked, wholly or partly, by the corporation.

(3) A delegated function is to be performed or exercised only in accordance with any conditions to which the delegation is subject.

(4) A delegate may, in the performance or exercise of a function delegated under this section, exercise any other function that is incidental to the delegated function.

(5) A delegated function that is duly performed or exercised by a delegate is taken to have been performed or exercised by the corporation.

(6) If a function is delegated to the holder of a particular office in the Department---

(a) the delegation does not cease to have effect merely because the person who was the holder of the office when the function was delegated ceases to be the holder of that office; and

(b) the function may be exercised, or, in the case of a duty, must be performed, by the person for the time being occupying or acting in the office.

(7) A function that has been delegated may be performed or exercised by the corporation despite the delegation.

19J. Corporation may enter into contracts and other transactions

(1) The corporation may enter into contracts and other transactions for the purposes of the Fund.

(2) A person who pays money under a contract or other transaction purporting to be entered into under this section has no obligation to see that the money is paid into the Fund.

(3) A person who enters into a contract or other transaction with a Fire Services employee who purports to be a delegate of the corporation has no obligation to be satisfied that the corporation has delegated to the employee the power to enter into the contract or other transaction.".

2. Section 23(1) Repeal "do special duty" and substitute "perform special services".

3. Section 25(b) Repeal "administration" and substitute "control, administration and investment".

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SCHEDULE 2 [s. 3]

Amendment of Police Force Ordinance

Item Provision affected Amendment

1. Section 3 (a) Repeal the definition of "police cadet".

(b) In the definition of "police officer", repeal ", but does not include a police cadet".

""Police Welfare Fund" (警察福利基金) means the Police Welfare Fund continued by section
39B.".

(d) Add---

""auxiliary force" (輔警隊) means the Hong Kong Auxiliary Police Force established under the
Royal Hong Kong Auxiliary Police Force Ordinance (Cap. 233);

"auxiliary officer" (輔警人員) means a member of the auxiliary force;".

2. Section 24(2) Repeal "a police officer of equivalent rank in the Hong Kong Auxiliary Police Force" and substitute "an auxiliary officer of equivalent rank".

3. Part IV Repeal and substitute---

"PART IV

Police Welfare Fund

39. Definitions: Part IV

(1) In this Part---

"acquire" (取得) means acquire by purchase or by any other lawful means;

"amenities" (設施活動) means any of the following---

(a) facilities that are not chargeable to the general revenue, including holiday premises and recreational facilities (whether provided free or for a charge);

(b) social, educational and recreational activities and performances (whether provided free or for a charge and whether provided for participation or as spectator events);

"beneficiaries" (受益人) means the following persons---

(a) police officers;

(b) auxiliary officers who are incapacitated because of injuries sustained while on duty;

(d) former police officers;

(e) former auxiliary officers;

(f) former civilian officers;

(g) dependants of persons specified in subsection (2);

"civilian officer" (文職人員) means a public officer who holds a civilian police departmental grade
office in the police force;

"civilian police departmental grade office" (警察部門職系中的文職職位) means any of the
following positions---

(a) force armourer;

(b) force welfare officer;

(d) police communications assistant;

(e) police communications computer operator;

(f) police communications officer;

(g) police translator;

(h) police telecommunications inspector;

(i) any other position prescribed by the police regulations for the purposes of this definition;

"corporation" (法團) means the corporation sole constituted under section 39A(1);

"dependant"(受養人) means---

(a) in relation to a police officer or a civilian officer---a person who, in the opinion of the Commissioner, is wholly or partially dependent on the officer; and

(b) in relation to a deceased person who, at the time of death, was a police officer, a former police officer, an auxiliary officer who died from injuries sustained while on duty, a former auxiliary officer whose death was attributable to injuries sustained while on duty, a civilian officer or a former civilian officer---a person who, in the opinion of the Commissioner, was wholly or partially dependent on the deceased person at the time of the death;

"dispose of" (處置) means dispose of by sale, lease, hiring, mortgage or any other lawful means;

"former auxiliary officer" (前輔警人員) means a person who has been discharged from the auxiliary
force because of an injury sustained while on duty;

"former civilian officer" (前文職人員) means a person who, while serving with the police force as
a public officer, held a civilian police departmental grade office and---

(a) who has retired from the police force on a pension, gratuity or other allowance; or

(b) whose contract of service with the police force has expired on or after the person reached 55 years of age without the contract being renewed;

"former police officer" (前警務人員) means a person---

(a) who has retired on a pension, gratuity or other allowance from service as a police officer; or

(b) whose contract of service as a police officer has expired on or after the person reached 55 years of age without the contract being renewed;

"function" (職能) includes a power, an authority and a duty;

"Police Staff Purchase Scheme" (警察職員購物計劃) means the scheme (if any) established under
section 39F;

"this Part" (本部) includes police regulations made under section 45(1)(g).

(2) The following persons are specified for the purposes of paragraph (g) of the definition of "beneficiaries" in subsection (1)---

(a) deceased police officers;

(b) deceased former police officers;

(d) deceased civilian officers who occupied civilian police departmental grade offices at the time of death;

(e) deceased former civilian officers.

39A. Commissioner to be corporation
sole for purposes of this Part

(1) The Commissioner of Police of Hong Kong is constituted as a corporation sole for the purposes of this Part with the corporate name of "Commissioner of Police Incorporated".

(2) The corporation---

(a) has perpetual succession; and

(b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and

(d) is required to have a corporate seal; and

(e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.

(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Commissioner or by any police officer authorized to do so by the Commissioner.

(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Commissioner or a police officer designated for the purpose by the Commissioner.

(6) Neither the Commissioner nor any delegate of the corporation is personally liable in any legal proceedings arising out of an act done or omitted to be done in relation to the Police Welfare Fund if the act was done or omitted to be done in good faith for the purpose of giving effect to this Part.

39B. Continuance of Police Welfare Fund

(1) The fund called the "Police Welfare Fund" in English and "警察福利基金" in Chinese is
continued by this section.

(2) The Police Welfare Fund and the property derived from the application of that Fund are vested in the corporation.

39C. What the Police Welfare Fund consists of

The Police Welfare Fund consists of the following---

(a) all fees paid for the services of police officers detailed by the Commissioner to perform special services under section 66 or for services performed by auxiliary officers employed under section 18 of the Royal Hong Kong Auxiliary Police Force Ordinance (Cap. 233);

(b) any donations made to that Fund;

(c) if a Police Staff Purchase Scheme is established under section 39F, proceeds derived from transactions under the Scheme;

(d) proceeds from the sale of souvenirs and the disposal of other property held for the purposes of that Fund;

(e) all money received from the letting of holiday premises, or the hire of recreational facilities, held for the purposes of that Fund;

(f) all fees collected from social, educational and recreational activities organized by or on behalf of the Commissioner for the purposes of that Fund;

(g) money derived from the investment of that Fund;

(h) money accruing as interest on loans made from that Fund;

(i) gifts of money required under the Acceptance of Advantages (Governor's Permission) Notice 1992 (Cap. 201 p. c) to be disposed of by being paid into that Fund;

(j) any money voted to that Fund by the Legislative Council;

(k) money held in that Fund immediately before the commencement of Schedule 2 to the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 ( of 1999) and money which was, immediately before that commencement, recoverable for that Fund and which is subsequently paid to, or recovered for, that Fund after that commencement;

(l) money paid or payable to the credit of that Fund from any other lawful source.

39D. Functions of corporation

(1) Subject to this Part, the principal function of the corporation is to administer the Police Welfare Fund, and the property derived from the application of that Fund, for the benefit of beneficiaries and others as provided by this Part.

(2) The corporation has such ancillary functions as are necessary to enable it to perform its principal function.

(3) The corporation is required---

(a) to act honestly in all matters relating to its principal function; and

(b) to exercise in relation to all matters relating to the administration of the Police Welfare Fund the same degree of care, skill and diligence as an ordinary prudent person would exercise in dealing with property of another person for whom the person felt morally bound to provide; and

(c) to ensure that its functions relating to that Fund are performed or exercised in the best interests of beneficiaries.

39E. What the Police Welfare Fund may be used for

(1) The Police Welfare Fund may be used for any of the following purposes---

(a) providing and maintaining amenities for the use and enjoyment of the beneficiaries;

(b) acquiring real and personal property for the purpose specified in paragraph (a);

(d) making payments for the services of the corporation's agents;

(e) compensating police officers, auxiliary officers and civilian officers for extra services provided by them;

(f) making loans to beneficiaries;

(g) granting financial assistance to dependants of deceased police officers, deceased former police officers, auxiliary officers who died from injuries sustained while on duty, former auxiliary officers whose deaths were attributable to injuries sustained while on duty, deceased civilian officers and deceased former civilian officers in order to meet the funeral expenses of those deceased persons;

(h) making grants, allowances and gifts to beneficiaries for purposes other than the purpose mentioned in paragraph (g);

(i) making or acquiring souvenirs for sale to beneficiaries and others;

(j) if a Police Staff Purchase Scheme is established under section 39F, undertaking transactions for the purpose of giving effect to the Scheme;

(k) making donations to charitable or community organizations;

(l) paying interest that is payable on loans made to the corporation or that Fund.

(2) The corporation---

(a) may dispose of property derived from the application of the Police Welfare Fund that is, in its opinion, no longer required for the purposes of that Fund; and

(b) may pay from that Fund the expenses incurred in disposing of the property.

(3) Loans to beneficiaries may, at the discretion of the corporation, be granted free of interest or subject to the payment of interest.

(4) Whenever the Commissioner considers it appropriate to do so, the Commissioner may permit persons who are not beneficiaries to enjoy the use of amenities derived from the application of the Police Welfare Fund. Permission may be granted subject to such conditions as the Commissioner considers appropriate.

39F. Corporation may establish Police Staff Purchase Scheme

(1) The corporation may establish and maintain a scheme, to be known as the Police Staff Purchase Scheme, under which---

(a) the Police Welfare Fund may be used to acquire goods or services for resupply to beneficiaries, or to finance arrangements for the supply of goods or services to beneficiaries; and

(b) payment by beneficiaries for the goods or services may be made either in a single cash sum or by instalments.

(2) If a Police Staff Purchase Scheme is established, the corporation must ensure that the proceeds derived from transactions under the Scheme are credited to the Police Welfare Fund.

(3) For the purposes of this section, "supply" (供應) and "resupply" (重新供應) mean supply and
resupply for sale.

39G. Corporation may make donations

The corporation may, whenever appropriate, donate money from the Police Welfare Fund to charitable or community organizations on such terms and conditions as it thinks fit.

39H. Corporation may employ staff

(1) The corporation may, for the purposes of this Part---

(a) employ persons under contracts of employment; or

(b) use the services of any staff or facilities of the police force.

(2) The corporation may fix the remuneration and other conditions of employment of its staff.

39I. Corporation may engage agents

39J. Corporation may delegate its functions

(1) The corporation may delegate to a police officer or civilian officer any of its functions, other than this power of delegation.

(2) A delegation under this section may---

(a) be general or limited; and

(b) be revoked, wholly or partly, by the corporation.

(3) A delegated function is to be performed or exercised only in accordance with any conditions to which the delegation is subject.

(4) A delegate may, in the performance or exercise of a function delegated under this section, exercise any other function that is incidental to the delegated function.

(5) A delegated function that is duly performed or exercised by a delegate is taken to have been performed or exercised by the corporation.

(6) If a function is delegated to the holder of a particular office in the police force---

(a) the delegation does not cease to have effect merely because the person who was the holder of the office when the function was delegated ceases to be the holder of that office; and

(b) the function may be exercised, or, in the case of a duty, must be performed, by the person for the time being occupying or acting in the office.

(7) A function that has been delegated may be performed or exercised by the corporation despite the delegation.

39K. Corporation may enter into contracts and other transactions

(1) The corporation may enter into contracts and other transactions for the purposes of the Police Welfare Fund.

(2) A person who pays money under a contract or other transaction purporting to be entered into under this section has no obligation to see that the money is paid into the Police Welfare Fund.

(3) A person who enters into a contract or other transaction with a police or civilian officer who purports to be a delegate of the corporation has no obligation to be satisfied that the corporation has delegated to the officer the power to enter into the contract or other transaction.".

4. Section 45(1)(g) Repeal and substitute---

"(g) the control, administration and investment of the Police Welfare Fund;".

5. Section 66(1) Repeal "do special police duty" and substitute "perform special services".

6. Section 66(3) Repeal and substitute---

"(3) As soon as practicable after receiving fees payable under subsection (2), the Commissioner must pay the fees into the Police Welfare Fund and must arrange for them to be accounted for monthly.

(4) Fees payable under subsection (2) are recoverable by proceedings brought in a court of competent jurisdiction as a debt due to the Commissioner of Police Incorporated.".

SCHEDULE 3 [s. 4]

Amendment of Prisons Ordinance

Item Provision affected Amendment

1. New Before section 1, add---

"PART I

Preliminary".

2. New Before section 3, add---

"PART II

Establishment and Administration of Prisons".

3. Section 22 Repeal.

4. Section 22A(1) Repeal "do special duty" and substitute "perform special services".

5. New After section 24B, add---

"PART III

Correctional Services Department Welfare Fund

24C. Definitions: Part III

In this Part---

"acquire" (取得) means acquire by purchase or by any other lawful means;

"amenities" (設施活動) means any of the following---

(a) facilities that are not chargeable to the general revenue, including holiday premises and recreational facilities (whether provided free or for a charge);

(b) social, educational and recreational activities and performances (whether provided free or for a charge and whether provided for participation or as spectator events);

"beneficiaries" (受益人) means the following persons---

(a) Correctional Services employees;

(b) former Correctional Services employees;

Correctional Services employees or former Correctional Services employees;

"corporation" (法團) means the corporation sole constituted under section 24D(1);

"Correctional Services employee" (懲教署僱員) means an officer of the Department or any other
person employed in the prisons;

"Department" means the Correctional Services Department;

"dependant" (受養人) means---

(a) in relation to a Correctional Services employee or a former Correctional Services employee---a person who, in the opinion of the Commissioner, is wholly or partially dependent on the employee or former employee; and

(b) in relation to a deceased Correctional Services employee or a deceased former Correctional Services employee---a person who, in the opinion of the Commissioner, was, at the time of the death of the employee or former employee, wholly or partially dependent on the employee or former employee;

"dispose of" (處置) means dispose of by sale, lease, hiring, mortgage or any other lawful means;

"former Correctional Services employee" (前懲教署僱員) means a person who was formerly an officer of the Department, or who was formerly employed in the prisons, and---

(a) who has retired from the Department on a pension, gratuity or other allowance; or

(b) whose contract of service as an officer or employee of the Department has expired on or after the person reached 55 years of age without the contract being renewed;

"function" (職能) includes a power, an authority and a duty;

"Fund" (基金) means the Correctional Services Department Welfare Fund continued by section 24E;

"this Part" (本部) includes rules made under section 25(1)(e).

24D. Commissioner to be corporation sole for purposes of this Part

(1) The Commissioner is constituted as a corporation sole for the purposes of this Part with the corporate name of "Commissioner of Correctional Services of Hong Kong Incorporated".

(2) The corporation---

(a) has perpetual succession; and

(b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and

(d) is required to have a corporate seal; and

(e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.

(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Commissioner or by any officer of the Department authorized to do so by the Commissioner.

(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Commissioner or an officer of the Department designated for the purpose by the Commissioner.

(6) Neither the Commissioner nor any delegate of the corporation is personally liable in any legal proceedings arising out of an act done or omitted to be done in relation to the Fund if the act was done or omitted to be done in good faith for the purpose of giving effect to this Part.

24E. Continuance of Correctional Services Department Welfare Fund

(1) The fund called the "Correctional Services Department Welfare Fund" in English and "懲教署福利基金" in Chinese is continued by this section.

(2) The Fund and the property derived from the application of the Fund are vested in the corporation.

24F. What the Fund consists of

The Fund consists of the following---

(a) any donations made to the Fund;

(b) proceeds from the sale of souvenirs and the disposal of other property held for the purposes of the Fund;

(c) all money received from the letting of holiday premises, or the hire of recreational facilities, held for the purposes of the Fund;

(d) all fees collected from social, educational and recreational activities organized by or on behalf of the Commissioner for the purposes of the Fund;

(e) money derived from the investment of the Fund;

(f) money accruing as interest on loans made from the Fund;

(g) gifts of money required under the Acceptance of Advantages (Governor's Permission) Notice 1992 (Cap. 201 p. c) to be disposed of by being paid into the Fund;

(h) any money voted to the Fund by the Legislative Council;

(i) money held in the Fund immediately before the commencement of Schedule 3 to the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 ( of 1999) and money which was, immediately before that commencement, recoverable for the Fund and which is subsequently paid to, or recovered for, the Fund after that commencement;

(j) money paid or payable to the credit of the Fund from any other lawful source.

24G. Functions of corporation

(2) The corporation has such ancillary functions as are necessary to enable it to perform its principal function.

(3) The corporation is required---

(a) to act honestly in all matters relating to its principal function; and

(c) to ensure that its functions relating to the Fund are performed or exercised in the best interests of the beneficiaries.

24H. What the Fund may be used for

(1) The Fund may be used for any of the following purposes---

(a) providing and maintaining amenities for the use and enjoyment of Correctional Services employees and former Correctional Services employees;

(b) acquiring real and personal property for the purpose specified in paragraph (a);

(d) making payments for the services of the corporation's agents;

(e) making loans to Correctional Services employees and former Correctional Services employees;

(f) granting financial assistance to dependants of deceased persons who, at the time of death, were Correctional Services employees or former Correctional Services employees in order to meet the funeral expenses of those employees or former employees;

(g) making grants, allowances and gifts to beneficiaries for purposes other than the purpose mentioned in paragraph (f);

(h) making or acquiring souvenirs for sale to beneficiaries and others;

(i) making donations to charitable or community organizations;

(j) paying interest that is payable on loans made to the corporation or the Fund.

(2) The corporation---

(a) may dispose of property derived from the application of the Fund that is, in its opinion, no longer required for the purposes of the Fund; and

(b) may pay from the Fund the expenses incurred in disposing of the property.

(3) Loans to Correctional Services employees and former Correctional Services employees may, at the discretion of the corporation, be granted free of interest or subject to the payment of interest.

(4) Whenever the Commissioner considers it appropriate to do so, the Commissioner may permit persons who are not Correctional Services employees or former Correctional Services employees to enjoy the use of amenities derived from the application of the Fund. Permission may be granted subject to such conditions as the Commissioner considers appropriate.

24I. Corporation may make donations

The corporation may, whenever appropriate, donate money from the Fund to charitable or community organizations on such terms and conditions as it thinks fit.

24J. Corporation may employ staff

(1) The corporation may, for the purposes of this Part---

(a) employ persons under contracts of employment; or

(b) use the services of any staff or facilities of the Department.

(2) The corporation may fix the remuneration and other conditions of employment of its staff.

24K. Corporation may engage agents

24L. Corporation may delegate its functions

(1) The corporation may delegate to a specified member, or the holder of a specified office, in the Department any of its functions, other than this power of delegation.

(2) A delegation under this section may---

(a) be general or limited; and

(b) be revoked, wholly or partly, by the corporation.

(3) A delegated function is to be performed or exercised only in accordance with any conditions to which the delegation is subject.

(4) A delegate may, in the performance or exercise of a function delegated under this section, exercise any other function that is incidental to the delegated function.

(5) A delegated function that is duly performed or exercised by a delegate is taken to have been performed or exercised by the corporation.

(6) If a function is delegated to the holder of a particular office in the Department---

(a) the delegation does not cease to have effect merely because the person who was the holder of the office when the function was delegated ceases to be the holder of that office; and

(b) the function may be exercised, or, in the case of a duty, must be performed, by the person for the time being occupying or acting in the office.

(7) A function that has been delegated may be performed or exercised by the corporation despite the delegation.

24M. Corporation may enter into contracts and other transactions

(1) The corporation may enter into contracts and other transactions for the purposes of the Fund.

(2) A person who pays money under a contract or other transaction purporting to be entered into under this section has no obligation to see that the money is paid into the Fund.

(3) A person who enters into a contract or other transaction with another person who purports to be a delegate of the corporation has no obligation to be satisfied that the corporation has delegated to the other person the power to enter into the contract or other transaction.".

6. New Before section 25, add---

"PART IV

Miscellaneous".

7. Section 26 Repeal.

------------------------------

SCHEDULE 4 [s. 5]

Amendment of Immigration Service Ordinance

Item Provision affected Amendment

1. Part IV Repeal and substitute---

"PART IV

Immigration Service Welfare Fund

15. Definitions: Part IV

In this Part---

"acquire" (取得) means acquire by purchase or by any other lawful means;

"amenities" (設施活動) means any of the following---

(a) facilities that are not chargeable to the general revenue, including holiday premises and recreational facilities (whether provided free or for a charge);

(b) social, educational and recreational activities and performances (whether provided free or for a charge and whether provided for participation or as spectator events);

"beneficiaries" (受益人) means the following persons---

(a) members of the Service;

(b) former members of the Service;

(d) dependants of deceased former members of the Service;

"corporation" (法團) means the corporation sole constituted under section 16(1);

"dependant" (受養人) means---

(a) in relation to a member or a former member of the Service---a person who, in the opinion of the Director, is wholly or partially dependent on the member or former member; and

(b) in relation to a deceased member or a deceased former member of the Service---a person who, in the opinion of the Director, was, at the time of the death of the member or former member, wholly or partially dependent on the member or former member;

"dispose of" (處置) means dispose of by sale, lease, hiring, mortgage or any other lawful means;

"former member of the Service" (前事務隊成員) means a person who was formerly a member of the Service and---

(a) who has retired from the Service on a pension, gratuity or other allowance; or

(b) whose contract of service as a member of the Service has expired on or after the person reached 55 years of age without the contract being renewed;

"function" (職能) includes a power, an authority and a duty;

"Fund" (基金) means the Immigration Service Welfare Fund continued by section 16A;

"member of the Service" (事務隊成員) means the holder of a rank specified in Schedule 1;

"this Part" (本部) includes regulations made under section 22(a).

16. Director to be corporation sole for purposes of this Part

(1) The Director is constituted as a corporation sole for the purposes of this Part with the corporate name of "Director of Immigration Incorporated".

(2) The corporation---

(a) has perpetual succession; and

(b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and

(d) is required to have a corporate seal; and

(e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.

(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Director or by any member of the Service authorized to do so by the Director.

(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Director or a member of the Service designated for the purpose by the Director.

16A. Continuance of Immigration Service Welfare Fund

(1) The fund called the "Immigration Service Welfare Fund" in English and "入境事務隊福利基金" (formerly "人民入境管理隊福利基金") in Chinese is continued by this section.

(2) The Fund and the property derived from the application of the Fund are vested in the corporation.

16B. What the Fund consists of

The Fund consists of the following---

(a) any donations made to the Fund;

(b) proceeds from the sale of souvenirs and the disposal of other property held for the purposes of the Fund;

(c) all fees collected from social, educational and recreational activities organized by or on behalf of the Director for the purposes of the Fund;

(d) money derived from the investment of the Fund;

(e) money accruing as interest on loans made from the Fund;

(f) gifts of money required under the Acceptance of Advantages (Governor's Permission) Notice 1992 (Cap. 201p. c) to be disposed of by being paid into the Fund;

(g) any money voted to the Fund by the Legislative Council;

(h) money held in the Fund immediately before the commencement of Schedule 4 to the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 ( of 1999) and money which was, immediately before that commencement, recoverable for the Fund and which is subsequently paid to, or recovered for, the Fund after that commencement;

(i) money paid or payable to the credit of the Fund from any other lawful source.

16C. Functions of corporation

(2) The corporation has such ancillary functions as are necessary to enable it to perform its principal function.

(3) The corporation is required---

(a) to act honestly in all matters relating to its principal function; and

16D. What the Fund may be used for

(1) The Fund may be used for any of the following purposes---

(a) providing and maintaining amenities for the use and enjoyment of members and former members of the Service;

(b) making payments to the corporation's employees in respect of their employment;

(d) making loans to members and former members of the Service;

(e) granting financial assistance to dependants of deceased persons who, at the time of death, were members or former members of the Service in order to meet the funeral expenses of those deceased persons;

(f) making grants, allowances and gifts to beneficiaries for purposes other than the purpose mentioned in paragraph (e);

(g) making or acquiring souvenirs for sale to beneficiaries and others;

(h) making donations to charitable or community organizations;

(i) paying interest that is payable on loans made to the corporation or the Fund.

(2) The corporation---

(a) may dispose of property derived from the application of the Fund that is, in its opinion, no longer required for the purposes of the Fund; and

(b) may pay from the Fund the expenses incurred in disposing of the property.

(3) Loans to members and former members of the Service may, at the discretion of the corporation, be granted free of interest or subject to the payment of interest.

(4) Whenever the Director considers it appropriate to do so, the Director may permit persons who are not members or former members of the Service to enjoy the use of amenities derived from the application of the Fund. Permission may be granted subject to such conditions as the Director considers appropriate.

16E. Corporation may make donations

The corporation may, whenever appropriate, donate money from the Fund to charitable or community organizations on such terms and conditions as it thinks fit.

16F. Corporation may employ staff

(1) The corporation may, for the purposes of this Part---

(a) employ persons under contracts of employment; or

(b) use the services of any staff or facilities of the Service.

(2) The corporation may fix the remuneration and other conditions of employment of its staff.

16G. Corporation may engage agents

16H. Corporation may delegate its functions

(1) The corporation may delegate to a specified member, or the holder of a specified office, in the Service any of its functions, other than this power of delegation.

(2) A delegation under this section may---

(a) be general or limited; and

(b) be revoked, wholly or partly, by the corporation.

(3) A delegated function is to be performed or exercised only in accordance with any conditions to which the delegation is subject.

(4) A delegate may, in the performance or exercise of a function delegated under this section, exercise any other function that is incidental to the delegated function.

(5) A delegated function that is duly performed or exercised by a delegate is taken to have been performed or exercised by the corporation.

(6) If a function is delegated to the holder of a particular office in the Service---

(a) the delegation does not cease to have effect merely because the person who was the holder of the office when the function was delegated ceases to be the holder of that office; and

(b) the function may be exercised, or, in the case of a duty, must be performed, by the person for the time being occupying or acting in the office.

(7) A function that has been delegated may be performed or exercised by the corporation despite the delegation.

16I. Corporation may enter into contracts and other transactions

(1) The corporation may enter into contracts and other transactions for the purposes of the Fund.

(2) A person who pays money under a contract or other transaction purporting to be entered into under this section has no obligation to see that the money is paid into the Fund.

2. Section 22(a) Repeal "人民入境管理隊" and substitute "入境事務隊".

3. Schedule 1 Repeal "[s. 3]" and substitute "[ss. 3, 15 & 26]".

------------------------------

SCHEDULE 5 [s. 6]

Amendment of Customs and Excise Service Ordinance

Item Provision affected Amendment

1. Part IV Repeal and substitute---

"PART IV

Customs and Excise Service Welfare Fund

18. Definitions: Part IV

In this Part---

"acquire" (取得) means acquire by purchase or by any other lawful means;

"amenities" (設施活動) means any of the following---

(a) facilities that are not chargeable to the general revenue, including holiday premises and recreational facilities (whether provided free or for a charge);

(b) social, educational and recreational activities and performances (whether provided free or for a charge and whether provided for participation or as spectator events);

"beneficiaries" (受益人) means the following persons---

(a) members of the Service;

(b) former members of the Service;

(d) dependants of deceased former members of the Service;

"corporation" (法團) means the corporation sole constituted under section 19(1);

"Customs and Excise Staff Purchase Scheme" (海關職員購物計劃) means the scheme (if any) established under section 19E;

"dependant" (受養人) means---

(a) in relation to a member or a former member of the Service---a person who, in the opinion of the Commissioner, is wholly or partially dependent on the member or former member; and

(b) in relation to a deceased member or a deceased former member of the Service---a person who, in the opinion of the Commissioner, was, at the time of the death of the member or former member, wholly or partially dependent on the member or former member;

"dispose of" (處置) means dispose of by sale, lease, hiring, mortgage or any other lawful means;

"former member of the Service" (前海關人員) means a person who was formerly a member of the Service and---

(a) who has retired from the Service on a pension, gratuity or other allowance; or

(b) whose contract of service as a member of the Service has expired on or after the person reached 55 years of age without the contract being renewed;

"function" (職能) includes a power, an authority and a duty;

"Fund" (基金) means the Customs and Excise Service Welfare Fund continued by section 19A;

"Service" (海關) means the Customs and Excise Service;

"this Part" (本部) includes regulations made under section 22(a).

19. Commissioner to be corporation sole for purposes of this Part

(1) The Commissioner is constituted as a corporation sole for the purposes of this Part with the corporate name of "Commissioner of Customs and Excise Incorporated".

(2) The corporation---

(a) has perpetual succession; and

(b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and

(d) is required to have a corporate seal; and

(e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.

(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Commissioner or by any member of the Service authorized to do so by the Commissioner.

(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Commissioner or a member of the Service designated for the purpose by the Commissioner.

19A. Continuance of Customs and Excise

Service Welfare Fund

(1) The fund called the "Customs and Excise Service Welfare Fund" in English and "香港海關福利基金" in Chinese is continued by this section.

(2) The Fund and the property derived from the application of the Fund are vested in the corporation.

19B. What the Fund consists of

The Fund consists of the following---

(a) any donations made to the Fund;

(b) if a Customs and Excise Staff Purchase Scheme is established under section 19E, proceeds derived from transactions under the Scheme;

(d) all money received from the letting of holiday premises, or the hire of recreational facilities, held for the purposes of the Fund;

(e) all fees collected from social, educational and recreational activities organized by or on behalf of the Commissioner for the purposes of the Fund;

(f) money derived from the investment of the Fund;

(g) money accruing as interest on loans made from the Fund;

(h) gifts of money required under the Acceptance of Advantages (Governor's Permission) Notice 1992 (Cap. 201 p. c) to be disposed of by being paid into the Fund;

(i) any money voted to the Fund by the Legislative Council;

(j) money held in the Fund immediately before the commencement of Schedule 5 to the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 ( of 1999) and money which was, immediately before that commencement, recoverable for the Fund and which is subsequently paid to, or recovered for, the Fund after that commencement;

(k) money paid or payable to the credit of the Fund from any other lawful source.

19C. Functions of corporation

(2) The corporation has such ancillary functions as are necessary to enable it to perform its principal function.

(3) The corporation is required---

(a) to act honestly in all matters relating to its principal function; and

19D. What the Fund may be used for

(1) The Fund may be used for any of the following purposes---

(a) providing and maintaining amenities for the use and enjoyment of the beneficiaries;

(b) acquiring real and personal property for the purpose specified in paragraph (a);

(d) making payments for the services of the corporation's agents;

(e) compensating members of the Service for extra services provided by them;

(f) making loans to beneficiaries;

(g) granting financial assistance to dependants of deceased members and deceased former members of the Service in order to meet the funeral expenses of those deceased members and deceased former members;

(h) making grants, allowances and gifts to beneficiaries for purposes other than the purpose mentioned in paragraph (g);

(i) making or acquiring souvenirs for sale to beneficiaries and others;

(j) if a Customs and Excise Staff Purchase Scheme is established under section 19E, undertaking transactions for the purpose of giving effect to the Scheme;

(k) making donations to charitable or community organizations;

(l) paying interest that is payable on loans made to the corporation or the Fund.

(2) The corporation---

(a) may dispose of property derived from the application of the Fund that is, in its opinion, no longer required for the purposes of the Fund; and

(b) may pay from the Fund the expenses incurred in disposing of the property.

(3) Loans to beneficiaries may, at the discretion of the corporation, be granted free of interest or subject to the payment of interest.

(4) Whenever the Commissioner considers it appropriate to do so, the Commissioner may permit persons who are not beneficiaries to enjoy the use of amenities derived from the application of the Fund. Permission may be granted subject to such conditions as the Commissioner considers appropriate.

19E. Corporation may establish Customs and Excise Staff Purchase Scheme

(1) The corporation may establish and maintain a scheme, to be known as the Customs and Excise Staff Purchase Scheme, under which---

(a) the Fund may be used to acquire goods or services for resupply to beneficiaries, or to finance arrangements for the supply of goods or services to beneficiaries; and

(b) payment by beneficiaries for the goods or services may be made either in a single cash sum or by instalments.

(2) If a Customs and Excise Staff Purchase Scheme is established, the corporation must ensure that the proceeds derived from transactions under the Scheme are credited to the Fund.