### Public Finance Ordinance 《公共財政條例》

22. Imprests
(1) The Financial Secretary may, by imprest warrant under his hand, and subject to such conditions as he may specify, authorize the Director of Accounting Services to issue imprests from public moneys to public officers.
(2) Any public officer in receipt of an imprest shall be personally liable for such imprest in accordance with such conditions as the Director of Accounting Services may specify and shall retire the imprest when required to do so by the Director of Accounting Services.
(3) Where an imprest is not duly retired, the Director of Accounting Services may, notwithstanding the provisions of any other enactment, deduct the amount or any part thereof from any moneys of any description, including salary, wages, pension or other emoluments payable, or which may become payable, by the Government to the officer to whom the imprest was issued.
(4) Nothing in this section shall affect the right of the Government, which is hereby declared, to—
(a) sue the person to whom the imprest was issued for the recovery of the amount of any imprest not duly retired or any part thereof, as a civil debt due to the Government; or
(b) sue any person for the recovery of any amount as a civil debt notwithstanding that a person may be personally liable for part or all of the amount under this section.

23. Deposits
(1) Except where otherwise provided under any enactment or authorized by the Director of Accounting Services, any moneys raised or received by the Government, not being moneys raised or received for the purposes of the Government and not being a donation or grant referred to in section 24, shall be deposited with the Director of Accounting Services.
(2) Except where otherwise provided under any enactment or authorized by the Director of Accounting Services, any moneys deposited under subsection (1) (hereinafter in this section referred to as a deposit) shall not form part of the general revenue and shall not be applied in any way for the purposes of the Government, but shall in all other respects be received and accounted for and otherwise dealt with as public moneys.
(3) Notwithstanding anything in subsection (2), the Financial Secretary in his discretion may authorize the investment of any deposit in such manner as he may determine, and any interest or dividend received in respect of any deposit so invested shall form part of the general revenue.
(4) A deposit which is unclaimed for 5 years may be treated as moneys received for the purposes of the Government and, if so treated, shall form part of the general revenue.
(5) Where under subsection (4) a deposit forms part of the general revenue any person entitled thereto may, within 6 years after the date on which the moneys become part of the general revenue, claim for a refund.

### Public Finance Ordinance 《公共財政條例》

24. Donations and grants
(1) Without prejudice to the provisions of any other enactment, any donation or grant of moneys received by any public officer in the course of his duties or by virtue of his being a public officer, not being public moneys and not being received pursuant to any other enactment, shall be reported to the Financial Secretary.
(2) Every donation or grant referred to in subsection (1) shall be accounted for and expended in accordance with such instructions as the Financial Secretary may give.

25. Banking
Except where otherwise provided under any enactment, no public officer in the course of his duties shall open an account or otherwise deposit any moneys at any bank or other financial institution without the authority in writing of the Financial Secretary or an officer authorized by him in writing for the purposes of this section.

26. Investment of moneys
(1) Subject to the provisions of any enactment, the Financial Secretary in his discretion may authorize the investment of moneys forming part of the general revenue in such manner as he may determine.
(2) All investments made under this section together with any interest or other sums received therefrom shall form part of the general revenue.
(3) Subject to the provisions of any enactment, all investments held by or on behalf of the Government at the commencement of this Ordinance and forming part of the general revenue shall be deemed to have been made under this section.

27. Borrowing powers and loans
(1) Subject to subsection (2) the Government shall not borrow money except in accordance with an Ordinance.
(2) Notwithstanding the provisions of any other enactment, the Financial Secretary may borrow by means of advances from any bank, by means of a fluctuating overdraft or otherwise, such sums as may be required to meet day to day payments and any interest or service charges in respect of such sums shall be charged on the general revenue. (Amended 68 of 1999 s. 3)

28. Guarantees
(1) No public officer shall give a guarantee involving any financial liability upon the Government unless such guarantee is given—
(a) for the purposes of and in accordance with the provisions of an Ordinance or a resolution of the Legislative Council; or
(b) with the prior approval of the Finance Committee.
(2) No guarantee given in contravention of subsection (1) shall be binding on the Government.

### Public Finance Ordinance 《公共財政條例》

29. Establishment of funds
(1) The Legislative Council may by resolution provide for the establishment of funds to which moneys appropriated for the purpose, and such other moneys received for the purposes of the Government as may be specified in the resolution, may be credited and from which moneys may, under the authority of a funds warrant issued by the Financial Secretary, be expended for the purposes for which the funds were established subject to such conditions, exceptions and limitations as may be specified in the resolution. (Amended 16 of 1985 s. 2)
(1A) Moneys specified in a resolution passed under subsection (1) in respect of any fund shall, if such moneys have not been appropriated for the purpose of the fund when the resolution is passed, be deemed to be appropriated thereby for that purpose; and this subsection shall apply in relation to any such resolution whether passed before or after the commencement of the Public Finance (Amendment) Ordinance 1985 (16 of 1985). (Added 16 of 1985 s. 2)
(2) Unless an Ordinance or a resolution made under subsection (1) otherwise provides, the earnings from interest or dividends on investments of funds established under this section shall not be retained for the purposes of such funds, but shall form part of the general revenue.
(3) The funds set out in the First Schedule shall be deemed to have been established in accordance with this section, and subsection (2) shall apply in respect thereof.

30. Special suspense accounts
(1) The Legislative Council may by resolution approve the establishment of a suspense account (in this section referred to as a special suspense account) for the purposes of any commercial or industrial activity carried on by or on behalf of the Government and specified in the resolution, subject to such conditions and limitations as may be specified in the resolution.
(2) Unless a resolution made under subsection (1) otherwise provides, any moneys in a special suspense account which in the opinion of the Financial Secretary are in excess of the amount reasonably required for the purposes of the account, shall not be retained therein but shall form part of the general revenue.
(3) The suspense accounts set out in the Second Schedule shall be deemed to be special suspense accounts established in accordance with this section, and subsection (2) shall apply in respect thereof.

31. Appropriations and warrants to lapse at close of financial year
Every appropriation by the Legislative Council from the general revenue for the service of any financial year and every warrant issued under the provisions of this Ordinance shall lapse and cease to have effect at the close of that financial year.