| THE HONG KONG BAR ASSOCIATION - BROOK BERNACCHI BARRISTERS' BENEVOLENT FUND |
| Name
and Objects |
 |
1. |
The
Fund shall be called "The Hong Kong Bar Association - Brook Bernacchi Barristers' Benevolent Fund". |
| |
2. |
The object of
the Fund is to give financial assistance
to needy and deserving Members
of the Hong Kong Bar who are or
have been in practice in Hong Kong,
their husbands or wives, widows
or widowers, children and dependants. |
| The
Fund Committee |
| |
3. |
The
Fund shall be under the management
of a committee ("the Fund Committee")
composed as follows:
| (a) |
The
Chairman of the Hong Kong Bar
Association for the time being; |
| (b) |
The Honorary
Secretary and Treasurer of
the Hong Kong Bar Association
for the time being; |
| (c) |
Up to
six members appointed annually
by the Bar Council of the Hong
Kong Bar Association for a
term of one year commencing
on 1st April every year; |
|
| |
4. |
The
Fund Committee shall prepare and
submit to the Bar Council 4 weeks
before vacating office a list of
not more than six persons eligible
and willing to serve as appointed
members of the Fund Committee for
the ensuing year. |
| |
5. |
The
Chairman of the Fund Committee or,
failing him, the Deputy Chairman
shall preside at meetings of the
Fund Committee. If both be absent
from any meeting, the senior member
present at the beginning of the meeting
shall take the chair. |
| |
6. |
In case a member
of the Fund Committee shall die
or resign or be in the opinion
of the Fund Committee or the Bar
Council incapable of acting or
unfit to act, the Bar Council may
appoint another person in his place
after consultation with the Fund
Committee. |
| |
7. |
The
Fund Committee shall hold ordinary
meetings at such time and place as
it may decide. Any two members of
the Fund Committee may require a
special meeting of the Fund Committee
to be convened. |
| |
8. |
Members
of the Fund Committee shall be given
at least seven clear days' notice
of its meetings. |
| |
9. |
Three members
shall be a quorum for any meeting
of the Fund Committee. At its meetings
questions shall be decided by a
majority of votes and the chairman
of the meeting shall have a casting
vote. |
|
Functions and
Duties of the Fund Committee |
| |
10. |
The
Fund Committee shall appoint a Chairman
and a Deputy Chairman and conduct
its affairs in all things and manage
the Fund according to its discretion,
subject only to these Rules. For
this purpose and without prejudice
to the generality of its powers and
duties, the Fund Committee may:
| (a) |
decide on
all applications for assistance,
the amount of such assistance
and the manner of affording
it; |
| (b) |
appoint and
remove staff and fix their
remuneration and their duties
and services as the Fund Committee
may see fit; |
| (c) |
delegate
to such persons as it may think
fit (being either members of
the Fund Committee or staff
of the Fund) power on behalf
of the Fund Committee to order
payments, sign cheques and
give receipts; |
| (d) |
nominate
such persons as it may think
fit to take and hold for the
Fund any money, investments
or security for money; |
| (e) |
delegate
to any sub-committee, consisting
of two or more members of the
Fund Committee, and within
such limits as it may think
fit, power to make grants in
urgent cases, but so that every
grant so made shall be reported
to the next meeting of the
Fund Committee; |
|
| Application
and Investment of Funds |
| |
11. |
Subject
always to any special trusts or directions
concerning any particular funds,
the capital and income of the Fund
shall be applicable for its purposes
at the discretion of the Fund Committee
and so far as not so applied shall
be either invested or held in a bank
account in the name of the Fund. |
| |
12. |
Beneficiaries
may be assisted by means of grants,
loans or otherwise and upon such
terms as to repayment or otherwise
as the Fund Committee may think
fit from time to time. |
| |
13. |
In addition to
investments for the time being authorised
by law for the investment of Trust
Funds, investments may also be made
in or upon such stocks, funds, shares,
securities or other investments of
whatsoever nature and wheresoever
as the Fund Committee shall, in its
uncontrolled discretion, think fit,
in all respects as if the members
of the Fund Committee were absolutely
entitled thereto beneficially, with
power from time to time to vary any
such investments. |
| |
14. |
The Fund Committee
shall have power from time to time
by resolution
| (a) |
to appoint
a Trust Corporation as defined
by the Trustee Ordinance ("the
Corporate Trustee") to
be Trustee or Custodian Trustee
of the Fund as regards the
whole or any part of such invested
property and funds upon such
terms as to remuneration (if
any) as may be agreed between
the Fund Committee and the
Corporate Trustee; |
| (b) |
to appoint
from among the members of the
Fund Committee individual trustees
to hold any investments, property
or income for the Fund; and |
| (c) |
to
remove the Corporate Trustee
or any individual trustee from
the trust. |
|
| |
15. |
The
direction of the Fund Committee shall
be a sufficient authority to the
Corporate Trustee or individual trustees,
as the case may be, for making payments
of capital or income of the Fund.
No trustee shall be responsible except
for the property, funds or investments
actually transferred to or vested
in such trustee, and no trustee shall
be required except with the previous
written consent of such trustee to
accept or hold any property or investment
rendering the holder thereof liable
for the performance of any covenants
or the payment of any money. |
| Accounts
and Audit |
| |
16. |
An
annual statement of account will
be submitted to the Fund Committee
in November each year showing expenditure
from the Fund and income received
in the last year. At the discretion
of the Fund Committee, the Accounts
of the Fund may be audited by a firm
of Certified Public Accountants appointed
by the Fund Committee upon such terms
as to remuneration as may be agreed
between the Fund Committee and such
firm. |
| Alteration
of Rules |
| |
17. |
The Rules
of the Fund (but not the objects)
may from time to time be revoked
or altered and new Rules may be
made by the Bar Council after consultation
with the Fund Committee. Notice
of any proposal for such revocation,
alteration or new Rules must be
given to the Chairman of the Fund
Committee at least one month before
the meeting at which such proposal
is to be considered and the members
of the Fund Committee shall be
entitled to attend such meeting
of the Bar Council when such revocation,
alteration or new Rules are considered
but not for the purpose of voting
thereat save for such members as
are members of Bar Council. |
| |
18. |
The
Members of the Hong Kong Bar Association
may from time to time by Extraordinary
Resolution as defined in its Regulations
and By-laws at any Annual or Extraordinary
General Meeting alter or revoke the
objects of the Fund, provided that
the objects as so altered remain
wholly charitable and/or that any
funds or surplus funds remaining
after revocation of any or all of
the objects are payable or applicable
solely to or for the benefit of existing
charitable institutions or charitable
purposes. |
| Incorporation |
| |
19. |
The
Fund Committee may with the consent
of the Bar Council apply for a certificate
of incorporation under the Registered
Trustees Incorporation Ordinance
and the Bar Council shall make such
alteration to these Rules (but not
the objects) as may be prerequisite
to or consequential upon such incorporation. |
