### Police Force Ordinance 《警隊條例》

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
(c) may take legal proceedings and be proceeded against in its corporate name; 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.
(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 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.

### Police Force Ordinance 《警隊條例》

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 Hong Kong Auxiliary Police Force Ordinance (Cap. 233); (Amended 14 of 2002 s. 3)
(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 notice from time to time given by the Chief Executive for the purposes of section 3 of the Prevention of Bribery Ordinance (Cap. 201) to be disposed of by being paid into that Fund; (Amended 10 of 2005 s. 215; 26 of 2012 s. 45)
(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 (58 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.

### Police Force Ordinance 《警隊條例》

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);
(c) making payments to the corporation’s employees in respect of their employment;
(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.