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Contents

Long Title

Part I PRELIMINARY

Part II COMMISSIONER OF CHARITIES

Part IIA CHARITY COUNCIL

Part III REGISTRATION OF CHARITIES AND PROVISIONS FOR INQUIRING INTO CHARITIES

Part IV CHARITY ACCOUNTS, REPORTS AND RETURNS

Part V SMALL CHARITIES

Part VI APPLICATION OF PROPERTY CY-PRĂˆS AND ASSISTANCE AND SUPERVISION OF CHARITIES BY COURT AND COMMISSIONER

Part VII

[Repealed by Act 34/2010 wef 01/03/2011]

Part VIII FUND-RAISING APPEALS

Part VIIIA INSTITUTIONS OF A PUBLIC CHARACTER AND SECTOR ADMINISTRATORS

Part IX MISCELLANEOUS

THE SCHEDULE Exempt Charities

Legislative Source Key

Legislative History

 
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Print   Link to In-Force Version
On 23/10/2014, you requested the version in force on 23/10/2014 incorporating all amendments published on or before 23/10/2014. The closest version currently available is that of 01/03/2011.
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Interpretation of this Part
39.
—(1)  In this Part and any regulations made for the purpose of this Part, unless the context otherwise requires —
“charitable contributions”, in relation to any representation made by any commercial participator or other person, means —
(a)
the whole or part of —
(i)
the consideration given for goods or services sold or supplied by him; or
(ii)
any proceeds (other than such consideration) of a promotional venture undertaken by him; or
(b)
sums given by him by way of donation in connection with the sale or supply of any such goods or services (whether the amount of such sums is determined by reference to the value of any such goods or services or otherwise);
[34/2010 wef 01/03/2011]
“charitable institution” means a charity or an institution (other than a charity) which is established for charitable, benevolent or philanthropic purposes;
[34/2010 wef 01/03/2011]
“collector”, in relation to a fund-raising appeal, means any person by whom that appeal is made (whether made by him alone or with others and whether made by him for remuneration or otherwise);
[34/2010 wef 01/03/2011]
“commercial fund-raiser” means any person who for reward solicits or otherwise procures money or other property for, or purportedly for, the benefit of a charity or any charitable, benevolent or philanthropic purpose;
[34/2010 wef 01/03/2011]
“commercial participator”, in relation to any charitable institution, means any person who carries on for gain a business other than a fund-raising business, but in the course of that business, engages in any promotional venture in the course of which it is represented that charitable contributions are to be given to or applied for the benefit of the institution;
[34/2010 wef 01/03/2011]
“fund-raising appeal” means —
(a)
an appeal, whether made expressly or impliedly, to any member of the public to give money or other property (whether for consideration or otherwise) which is made in association with a representation that the whole or any part of its proceeds is to be applied for charitable, benevolent or philanthropic purposes; or
(b)
a receipt from any member of the public of any money or other property (whether for consideration or otherwise) which is given in whole or in part for any charitable, benevolent or philanthropic purposes;
“fund-raising business” means any business carried on for gain and wholly or primarily engaged in soliciting or otherwise procuring money or other property for charitable, benevolent or philanthropic purposes;
[34/2010 wef 01/03/2011]
“proceeds”, in relation to a fund-raising appeal, means all money or other property given (whether for consideration or otherwise) in response to the fund-raising appeal in question;
[34/2010 wef 01/03/2011]
[10/2007]
“promotional venture” means any advertising or sales campaign or any other venture undertaken for promotional purposes;
[34/2010 wef 01/03/2011]
“represent” and “solicit” mean, respectively, represent and solicit in any manner whatever, whether expressly or impliedly and whether done —
(a)
by speaking directly to the person or persons to whom the representation or solicitation is addressed (whether or not in his or their presence); or
(b)
by means of a statement published in any newspaper, film or radio or television programme,
or otherwise, and references to a representation or solicitation shall be construed accordingly;
[34/2010 wef 01/03/2011]
“services” includes facilities and, in particular —
(a)
access to any premises or event;
(b)
membership of any organisation;
(c)
the provision of advertising space; and
(d)
the provision of any financial facilities,
and references to the supply of services shall be construed accordingly.
[34/2010 wef 01/03/2011]
(2)  In this Part and any regulations made for the purpose of this Part —
(a)
any reference to charitable purposes, where occurring in the context of a reference to charitable, benevolent or philanthropic purposes, shall be a reference to charitable purposes whether or not the purposes are charitable within the meaning of any rule of law; and
(b)
any reference to soliciting or otherwise procuring money or other property is a reference to soliciting or otherwise procuring money or other property whether any consideration is, or is to be, given in return for the money or other property or not.
[34/2010 wef 01/03/2011]
(3)  Where —
(a)
any solicitation of money or other property for the benefit of a charitable institution is made in accordance with arrangements between any person and that institution; and
(b)
under those arrangements that person will be responsible for receiving on behalf of the institution money or other property given in response to the solicitation,
then (if he would not be so regarded apart from this subsection) that person shall be regarded for the purposes of this Part as soliciting money or other property for the benefit of the institution.
[34/2010 wef 01/03/2011]
[Charities Act 1995 Ed., s. 39 (4) to (5)]