13.07.2015 Views

Review Report on the Lump Sum Grant Subvention ... - lwb.gov.hk

Review Report on the Lump Sum Grant Subvention ... - lwb.gov.hk

Review Report on the Lump Sum Grant Subvention ... - lwb.gov.hk

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

6.17 Chapter 4 of <strong>the</strong> LSG Manual <strong>on</strong> “Public Accountability” states that “While<strong>the</strong> statutory resp<strong>on</strong>sibility for <strong>the</strong> c<strong>on</strong>trol and management of social welfaresubventi<strong>on</strong>s rests with <strong>the</strong> Director of Social Welfare, a public accountabilityframework has to be put in place to ensure that NGOs receiving Governmentsubventi<strong>on</strong>s are accountable, through <strong>the</strong> Director of Social Welfare, to <strong>the</strong> public for<strong>the</strong> use of public funds”. This principle is reiterated in paragraph 4.9 which statesthat “NGOs receiving LSG and o<strong>the</strong>r social welfare subventi<strong>on</strong>s are directlyaccountable to SWD and <strong>the</strong> public for <strong>the</strong> proper and prudent use of public funds”.6.18 The financial reporting requirements are c<strong>on</strong>tained in Chapter 3 of <strong>the</strong> LSGManual. Specifically, subvented NGOs are required to submit <strong>the</strong> AFR toge<strong>the</strong>r witha review report <strong>the</strong>re<strong>on</strong> issued by <strong>the</strong> external auditors in respect of all FSA activities(including <strong>the</strong>ir support services to FSA activities), and <strong>the</strong> audited financialstatements of <strong>the</strong> NGOs as a whole to <strong>the</strong> Finance Branch of <strong>the</strong> SWD not later than31 July following <strong>the</strong> financial year end of 31 March. The LSG Manual states thatNGOs must ensure that <strong>the</strong> due date for submissi<strong>on</strong> is strictly observed. InChapter 5, we have discussed how and why many NGOs do not adhere to thisdeadline and are given time extensi<strong>on</strong>s.6.19 The required format of <strong>the</strong> AFR is set out in Appendix 6 of <strong>the</strong> LSG Manual.Note 6 specifies <strong>the</strong> disclosure requirement for “Pers<strong>on</strong>al Emoluments” while note 8specifies <strong>the</strong> disclosure requirement for “Analysis of Reserve Fund”.6.20 The vast majority of welfare NGOs are incorporated under <strong>the</strong> H<strong>on</strong>g K<strong>on</strong>gCompanies Ordinance (Cap.333), and as privately owned companies <strong>the</strong>y are notsubject to any public disclosure requirements. If an exempti<strong>on</strong> from tax has beengranted under Secti<strong>on</strong> 88 of <strong>the</strong> Inland Revenue Ordinance (Cap.112), <strong>the</strong> NGOswould not be required to complete and file annual Profits Tax returns. However, as amatter of practice, every three years or so, <strong>the</strong> Inland Revenue Department wouldissue a standard enquiry letter requesting a copy of <strong>the</strong> latest financial statement ando<strong>the</strong>r informati<strong>on</strong> to verify that <strong>the</strong> activities of <strong>the</strong> NGO c<strong>on</strong>form with <strong>the</strong> taxexempti<strong>on</strong>.6.21 In <strong>the</strong> absence of statutory or regulatory requirements, welfare NGOscurrently adopt very different approaches <strong>on</strong> financial informati<strong>on</strong> disclosure. SomeNGOs include financial informati<strong>on</strong> as part of <strong>the</strong>ir annual reports available to <strong>the</strong>general public, while o<strong>the</strong>rs provide no or very minimal financial informati<strong>on</strong> in <strong>the</strong>irannual reports or <strong>on</strong> <strong>the</strong>ir websites. To promote accountability am<strong>on</strong>g NGOs, assist- 82 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!