### Employees Retraining Ordinance 《僱員再培訓條例》

5. General powers of the Board
(1) The Board may do such things as are expedient for or conducive to the attainment of its functions or which, in the opinion of the Board, are necessary to facilitate the proper carrying out of the functions of the Board.
(2) Without restricting the generality of subsection (1) the Board may—
(a) hold, acquire or take on lease movable and immovable property and sell, let or otherwise dispose of or deal with such property;
(b) appoint such employees as it may determine on such terms and conditions of service as the Board thinks fit including the payment of allowances, benefits, gratuities, pensions and remuneration;
(c) make or provide ex gratia payments in respect of any employee of the Board or to the personal representative of a deceased employee of the Board;
(d) engage the services of such technical and professional advisers as the Board thinks fit including the determination of all matters relating to their remuneration and terms and conditions of engagement;
(e) subject to section 8, invest the moneys of the Fund in such manner and to such extent as it considers expedient and prudent;
(f) subject to the approval of the Financial Secretary, borrow moneys, in such manner and on such securities or terms as it considers expedient and prudent, for payment into the Fund;
(g) exercise any of its powers either alone or in association with any person or persons;
(h) publicise the Fund and the criteria for eligibility for payment of retraining allowances and the amounts thereof;
(i) publicise the availability of retraining courses and supplementary retraining programmes and the training bodies and training providers providing or conducting such courses or programmes; (Replaced 102 of 1994 s. 6)
(j) accept gifts whether subject to any trust or not;
(k) accumulate any income of the Fund; and
(l) subject to section 10, write off debts due to the Board.

### Employees Retraining Ordinance 《僱員再培訓條例》

6. Employees Retraining Fund
(1) There is established a fund to be known as the Employees Retraining Fund which is vested in the Board.
(2) The Fund shall be used to make provision for the payment of retraining allowances in respect of trainees attending retraining courses or supplementary retraining programmes and to defray the costs of those courses and programmes. (Amended 102 of 1994 s. 7)
(3) The Fund shall consist of—
(a) subject to any fees that may be charged under section 30, all amounts of levy imposed under section 14(1) and remitted to and received by the Board;
(b) all other moneys, including grants, loans, fees, and interest from whatever source paid to and received by the Board for or in connection with the carrying out of its functions;
(c) interest and other income derived from the moneys and investments included in the Fund;
(d) all moneys received by the Board as gifts; and
(e) all other moneys lawfully paid to and received by the Board including any moneys provided by the Government for the purposes of the Fund.

7. Payments from the Fund
The Board may pay from the Fund—
(a) payments to training bodies or training providers in respect of trainees eligible under Part V to receive retraining allowances; (Amended 102 of 1994 s. 8)
(b) expenses incurred by the Board for the purposes of this Ordinance;
(c) capital, interest and charges in respect of any loan; and
(d) any other sums required or permitted to be paid under this Ordinance.

8. Bank account and investment of surplus funds
(1) The Board shall open and maintain an account in the name of the Fund with a bank within the meaning of section 2 of the Banking Ordinance (Cap. 155). (Amended 49 of 1995 s. 53)
(2) Subject to subsection (3), the Board shall pay all moneys comprising the Fund into the account referred to in subsection (1).
(3) All moneys of the Fund that are not immediately required to be expended shall be—
(a) deposited in a bank within the meaning of section 2 of the Banking Ordinance (Cap. 155) on fixed term or call deposits or in a savings account; or (Amended 49 of 1995 s. 53)
(b) invested in such other forms of investments approved by the Financial Secretary, either generally or in the particular case, for the purpose.

### Employees Retraining Ordinance 《僱員再培訓條例》

9. Financial year and estimates
(1) Subject to section 33(3), the Board shall fix any period of 12 months to be the financial year of the Board.
(2) The Board shall, in each financial year, adopt estimates of income and expenditure in respect of the following financial year and, before a date to be appointed by the Secretary, send them to the Secretary for his approval together with a programme of its activities for that following financial year.
(3) The Secretary may require the resubmission of estimates of income and expenditure or the programme of activities referred to in subsection (2), modified as he may direct.

10. Accounts and statements
(Adaptation amendments retroactively made - see 56 of 2000 s. 3)
(1) The Board shall keep proper books or records of account, vouchers, receipts and other records in relation to the accounts and shall cause to be prepared for each financial year a statement of the accounts of the Board which shall—
(a) include an income and expenditure account and balance sheet; and
(b) be signed by the Chairman.
(2) The signed statement of the accounts of the Board shall be submitted by the Chairman to the auditor appointed by the Board under section 11 not later than 6 months following the end of the financial year to which it relates or by such later date as the Chief Executive may allow. (Amended 56 of 2000 s. 3)
(3) For the purposes of this section the Board may write off the whole or any part of any debt due to the Board which it reasonably considers irrecoverable.
(4) Any write off under subsection (3) shall not extinguish any right of the Board to recover the debt which has been written off.

11. Auditor
(Adaptation amendments retroactively made - see 56 of 2000 s. 3)
(1) The Board shall appoint an auditor, who shall be entitled at any time—
(a) to have access to all books or records of account, vouchers, receipts and other records of the Board referred in section 10; and
(b) to require such information and explanations,
as he considers necessary to discharge his functions.
(2) The auditor shall, as soon as is practicable and in any case within the period of 4 months, or such longer period as the Chief Executive may determine, after the receipt of the signed statement of the accounts of the Board under section 10(2), audit the accounts prepared under section 10(1) and shall submit a report on the accounts to the Board. (Amended 56 of 2000 s. 3)