2
CAP. 76]
Recognition of Trusts
[1989 Ed.
CHAPTER 76
RECOGNITION OF TRUSTS
To enable the Hague Convention on the law applicable to trusts and on their
recognition to apply to Hong Kong.
CN103190
Originally 60 of 1989 --
[ 30 March, 1990
]
1.
Short title and commencement
(1) This Ordinance may be cited as the Recognition of Trusts Ordinance. (2) This Ordinance shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
2.
Applicable law and recognition of trusts
(1) The provisions of the Convention set out in the Schedule shall have the force of law in Hong Kong.
(2) If there is any inconsistency between the text of the Convention in English as so set out and the text in Chinese, the text in English shall prevail.
(3) The provisions of the Convention shall, so far as applicable, have effect not only in relation to the trusts described in Articles 2 and 3 thereof but also in relation to any other trusts of property arising under the law of Hong Kong or by virtue of a judicial decision whether in Hong Kong or elsewhere.
(4) Where Articles 15 and 16 do not prevent the application of any provision of law, that provision of law shall, to the extent specified in Articles 15 and 16, apply notwithstanding anything to the contrary in any other Article of the Convention.
(5) In Article 17 the reference to a State includes a reference to any country or territory (whether or not a party to the Convention) which has its own system of law.
(6) Article 22 shall not be construed as affecting the law to be applied in relation to anything done or omitted before the coming into force of this Ordinance.
3.
Application to the Crown
This Ordinance shall bind the Crown.