1953-HKRS30-8-43_Part03 — Page 39

Statement

to be supplied

on appli- cation.

Removal of restric- tion as to appoint- ment of certain DEYBONA to be trustees.

4.

2

(1) Where an application is made for the appointment of a judicial trusted by originating summons, the applicant must, when he takes out the summons, supply for the use of the court a written statement signed by him containing the following particulars so far as he can gain information with regard to them-

(c) a short description of the trust and instrument by which it is, or is to be, created, and of the relation which the applicant bears to the trust;

(b) if a person is nominated as judicial trustee, the name and

address of the person nominated, and short particulars of the reasons which lead to his nomination;

(c) if a person is nominated as judicial trustee, a statement whether it is proposed that the person nominated should be remunerated or not;

an

(d) short particulars of the trust property, with

approximate estimate of its income, and capital value; (e) short particulars of the incumbrances (if any) affecting

the trust property;

(/) a statement whether it is proposed that the judicial trustee should be a sole trustee or should act jointly with other trustees;

(g) particulars as to the persons who are in possession of

the documents relating to the trust;

(h) the names and addresses of the beneficiaries and short

particulars of their respective interests;

(i) any exceptional circumstances specially affecting the

administration of the trust.

(a) An affidavit by the applicant verifying the statement shall be sufficient prima facie evidence of the particulars contained in the statement.

(3) Where the applicant cannot gain the information neces- sary for making the required statement on any point, he must mention the fact in his statement.

5. (1) The court shall not be precluded by any existing practice as to the appointment of trustees from appointing any person to be a judicial trustee by reason of that person being a beneficiary, or a relation or husband or wife of a beneficiary, or a solicitor to the trust or to the trustee, or to any beneficiary, or a married woman, or standing in any special position with regard to the trust.

-

(2) A person may be appointed to be a judicial trustee of a trust although he is already a trustee of the trust.

6. On the appointment of any person to be judicial trustee Vesting. the court shall make such vesting or other orders and exercise of orders. such other powers as may be necessary for vesting the trust property in the judicial trustee either as sole trustee or jointly with other trustees as the case requires.

Appointment of Official of Court to be Judicial Trustee.

J.

trustée.

(1) Where an official of the court is appointed judicial official trustee, the Registrar General shall be so appointed, unless, for judicial special reasons, the court directs that some other official of the Registrar court shall be so appointed.

General,

(2) Any official of the court appointed to be a judicial trustee shall, on his ceasing to hold office, cease to be such a trustee without any formal resignation.

(3) Where an official of the court is judicial trustee, any trust property vested in or held by him, shall be vested in and held by him under his official title and not in his own name.

(4) Where an official of the court appointed to be a judicial trustee of a trust dies, or ceases to hold office, his successor in office shall, unless the court otherwise directs, become judicial trustee of the trust without any order of the court of formal appointment, and the trust property shall, without any convey- ance, assignment, or transfer, in such a case become vested in the successor as it was vested in his predecessor in office.

(5) For the purpose of the definition of "official of the court", în section 65 of the Ordinance, any paid office in or con- nected with the court shall be a prescribed office.

Administration of the Trust.

property.

8. (1) A judicial trustee must, unless in any case the court Statement considers that it is unnecessary, as soon as may be after his of trust appointment, furnish the court with a complete statement of the trust property, accompanied with an approximate estimate of the income and capital value of each itein.

(2) It shall be the duty of the judicial trustee to give such information to the court as may be necessary for the purpose of keeping the statement of the trust property correct for the time being.