section 31 (1) & (2) of the Trustees Ordinance, 1901, does
not appear in the Trustee Act, 1925 but is retained as it
appears in the Straits Settlements Ordinance No.14 of 1929.
(t) Section 61 of the Trustees Ordinance, 1901, which
enabled Trustees to apply to the court for advice has been
omitted. That section was founded on section 30 of the
Law of Property Amendment Act, 1859, (Lord St. Leonard's Act) which was repealed by the Trustee Act, 1893. considered that the new Ordinance coupled with section 627
of the Code of Civil Procedure is sufficient.
It is
(u)
Part VIII of the new Ordinance permits the formation
of Trust Companies and is taken from the provisions of
Ordiname No.31 of 1926 of the Straits Settlements.
4. The Ordinance was not passed until its provisions
had been fully considered by the Committee of the Incor-
porated Law Society of Hong Kong, and many of the ir sug-
gestions in connection therewith were adopted.
5. A Table of Correspondence showing the exact source of
each section and the principal variations, with remarks
thereon, between the provisions of the Ordinance and those
of the Trustee Act, 1925, is attached.
6.
In my opinion this is an Ordinance to which His
Excellency the Governor may properly as sent in the name of
His Majesty and on His behalf.
57
At hindsell
Attorney General.
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