Replies to LegCo questions

LCQ2: Monitoring fund-raising activities

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Following is a question by the Hon Lau Kong-wah (in the absence of the Hon Chan Kam-lam) and a reply by the Secretary for Health, Welfare and Food, Dr York Chow, in the Legislative Council today (March 9):


Question:


Regarding the monitoring of fund-raising activities, will the Government inform this Council:


(a) of the respective numbers of applications for organising flag days and other fund-raising activities received in each of the past three years and, among them, the number of applications which were unsuccessful and the reasons for their being so; and the criteria adopted by the authorities for granting charitable institutions permits for organising such activities; whether they have regularly assessed the performance of these institutions after granting them the permits so as to ensure that their reputation and management capacity are satisfactory; if they have, of the assessment results; if not, the reasons for that;


(b) whether it has assessed the effectiveness of the existing measures adopted for monitoring the fund-raising activities organised by charitable institutions on streets and via the Internet and the usage of such funds; if it has, of the assessment results; if not, the reasons for that; and


(c) as the Reference Guide on Best Practices for Charitable Fund-raising Activities published by the Social Welfare Department in November last year contains no restrictions on the ratio of the administration fees in the donation proceeds nor stipulates any penalties on charitable institutions for non-compliance with the Guide, and the Guide itself is not legally binding, whether the authorities will consider enacting legislation to impose such restrictions and drawing up prosecution measures for non-compliance with the Guide; if they will, of the details; if not, the reasons for that?


Reply:


Madam President,


(a) Between 2002 and 2004, the number of applications for Public Subscription Permit (PSP) for flag-selling and other charitable fund-raising activities received by the Social Welfare Department (SWD) were 596, 766 and 756 respectively and among them, 94, 108 and 107 applications were unsuccessful. The main reasons for the unsuccessful application were that the number of applications for flag selling far exceeded the quotas allowed for the activity and that the applicant organisations in question had violated the conditions of PSP in their previous fund-raising activities.


SWD will evaluate the applications for PSP for flag-selling and other charitable fund-raising activities against certain criteria, such as the fund-raising activity must be charitable in nature; the applicant organisation must possess a valid registration under the relevant ordinances or it is an organisation exempted from tax under Section 88 of the Inland Revenue Ordinance; the previous performance of the organisation and the capability of the applicant organisation in holding the fund-raising activity.


DSD will lay down in PSP a number of requirements to augment the transparency of the fund-raising activity, including that the activity should not be profit-making; within 90 days after the activity, the gross proceeds raised after the deduction of any expenses incurred should be deposited in the relevant bank account and that the verified copy of the audited account should be submitted.


Besides, between 2002 and 2004, the number of applications for Lottery Licence received by Television and Entertainment Licensing Authority (TELA) were 127, 118 and 122 respectively. Among them, only one application submitted in 2004 was unsuccessful. TELA rejected the application on the ground that it was a late submission.


Anyone who wishes to conduct a lottery activity has to apply for a licence from the Commissioner for Television and Entertainment Licensing (CTEL), under the Gambling Ordinance (Cap. 148). The licensing conditions prescribe the maximum duration of a lottery sale. The conditions also specify that lottery proceeds should not be appropriated to any individual(s) for private gain purpose. If the sales or peddling of lotteries are to be conducted in public streets, prior written approval from CTEL is required. In order to ensure that the organisation for holding the lottery activity will use the proceeds on the claimed purpose, the licencee must submit to CTEL within a specified period a financial statement audited by a public accountant. The statement must set out the proceeds and expenses arising from the lottery activity.


In short, the present regulating measures on charitable organisations are mainly based on the criteria for issuing PSP or Lottery Licence, including the previous performance of the institutions. For those institutions who have violated the conditions, their names will be put in a sanction list. We will review the present administrative measures over those institutions who fail to observe the conditions.


(b) In the interest of public order, section 4(17)(i) of Summary Offences Ordinance (Cap 228) states that any person who organises, provides equipment for, or participates in any collection of money or exchange for donation of badges, token or similar articles in a public place for charitable purpose, is required to apply for PSP from DSW. Besides, CTEL is empowered to issue Lottery Licence to those who wish to organise lottery activities under the Gambling Ordinance (Cap148). The Ordinance also specifies the conditions which the applicants and holders of the Lottery Licence must observe. CTEL also sets out additional conditions for regulating lottery sale to be conducted in public streets. For those who fail to observe the conditions of PSP and the Lottery Licence, SWD and CTEL may not accept their future application. On the other hand, the public may inspect the financial statement of the Lottery Licence holders and the information relating to the PSP charitable activities on the Internet.


Under the existing law, we do not have any regulating measures over the public fund-raising activities through the Internet or held in other forms.


Public views have been divided on the proposal for the Government to impose legislative controls over fund-raising activities. Indeed, the Government has conducted a full-scale review and assessment of the existing regulating mechanism and come to view that a full control through legislation is not practical. Alternatively, we may strengthen the existing measures and come up with a voluntary self-regulation system. After extensive consultation with the public, and the relevant panels/committees, SWD has issued the Reference Guide on Best Practices for Charitable Fund-raising Activities (Reference Guide) for voluntary adoption of charitable organisations. The Government will review the Reference Guide one year after its issue.


The Government has reminded the public through the mass media of the need to fully understand the background and operation of the organisations concerned as well as the purpose of their fund-raising activities before making donation. If they have any doubt, members of the public may wish to contact SWD or TELA or report the cases to the Police. The Theft Ordinance (Cap210) regulates those fraudulent or deceptive fund-raising activities. When there is any alleged breach of the law in the conduct of flag-selling, fund-raising or lottery activities, we will normally refer the case to the Police for further follow-up.


(c) The Reference Guide was issued by SWD in November 2004. It has laid down 21 guidelines, covering the best practices regarding three areas, namely donors' right, fund-raising practices and financial accountability. One of the guidelines specifies that no more will be spent on administration and fund-raising than is required to ensure effective management and resource development. SWD also encourages a charity organisation to disclose the ratio of its return and expenses for donor's reference. The aim of the guideline is to ensure that the amounts of fund-raising expenses and administrative expenses are maintained at an appropriate level to allow the maximum possible resources to be used for charitable purposes. The guideline has not set any ceiling on the administrative costs as a percentage of the donation proceeds incurred. As a matter of fact, the appropriate level of the amount of fund-raising expenses would vary subject to the following factors: the size of the charity organisation, its history background and reputation, networking of donor, the assistance of voluntary workers, networking of enterprises, management expertise, financial management and the professional experience of the fund-raisers etc.


The Reference Guide is for voluntary adoption by charity organisations. It serves to strengthen the accountability and transparency of the organisation while assisting the public to make an informed decision about making donation.


At present, the Government has no intention to implement compulsory adoption of the Reference Guide. If it is to be implemented, stringent vetting and review procedures will have to be put in place which would have considerable resource implications both for the Government and the charity organisations. Such a system may also inadvertently discourage fund-raising activities. In view of the large number of organisations and the broad scope of activities involved, it is doubtful whether the establishment of a regulatory system to cover all charitable fund-raising activities will be effective. We, therefore, do not see the need at this stage to have compulsory adoption of the Reference Guide.



Ends/Wednesday, March 9, 2005

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12 Apr 2019