1953-HKRS30-8-43_Part03 — Page 42

of remu- neration

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(6) Any remuneration or allowance payable to a judicial trustee shall be paid or allowed to him at such times and in such manner as the court directs.

Application 18. Where an official of the court is appointed to be a judicial trustee, any remuneration, allowances, or other payments payable to him on account of his services as trustee shall be paid, accounted for, and applied in such manner as the Accountant General directs.

of official

of the

court.

Forfeiture

of

remuneFA- tion.

Suspension of judicial trustee.

Removal

of judicial trustee.

18. (1) lf the court is satisfied that a judicial trustee has failed to comply with these rules, or with any direction of the court or officer of the court made in accordance with these rules, or has otherwise misconducted himself in relation to the trust, the court may order that the whole or any part of the remunera- tion of the trustec be forfeited.

(2) This rule shall not affect any liability of the judicial trustee for breach of trust or to be removed or suspended.

(3) A judicial trustee shall have an opportunity of being heard by the court, before any order is made for the forfeiture of his remuneration or any part of it.

Removal and Suspension of Judicial Trustee.

20. (1) The court may at any time, either without any application or on the application of any person appearing to the court to be interested in the trust, suspend a judicial trustee, if the court considers that it is expedient to do so in the interests of the trust, and a judical trustee while suspended shall not have power to act as trustee.

(2) When a judicial trustee is suspended, the court shall cause notice to be given to such of the persons appearing to the court to be interested in the trust as the court directs, and also to the persons having the custody of the trust property, and. shall give any other directions which appear necessary for secur- ing the safety of the trust property.

21. (1) The court may, either without any application or on the application of any person appearing to the court to be interested in the trust, remove a judicial trustee if the court con- siders that it is expedient to do so in the interests of the trust.

(2) Any application to remove a judicial trustee must be made by summons.

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(3) A judicial trustee shall not be removed by the court without an application for the purpose, except after notice has been given to him by the court of the grounds on which it is pro- posed to remove him, and of the time and place at which the matter will be heard.

(4) The court shall cause a copy of the notice to the trustee to be sent to such of the persons appearing to the court to be interested in the trust as the court directs, and the same procedure shall be followed in the matter so far as possible as on a summons to remove a judicial trustee.

trustee.

22. Where an inquiry into the administration by a judicial Inquiry

into trustee of any trust, or into any dealing or transaction of a judicial conduct trustee is ordered, the inquiry shall, unless the court otherwise of judicial directs, be conducted by the officer of the court, and he shall have the same powers in relation thereto as he has in relation to any other inquiry directed by the court.

Resignation and Discontinuance of Judicial Trustee.

tion of

23. (1) If a judicial trustee desires to be discharged from Resigna- his trust he must give notice to the court, stating at the same Judicial time what arrangements it is proposed to make with regard to irustee. the appointment of a successor.

(2) The court shall give facilities for the appointment on a proper application of an official of the court to be judicial trustee in place of a judicial trustee who desires to be discharged, in cases where no fit and proper person appears available for the office, or where the court considers that such an appointment is con- venient or expedient in the interests of the trust.

uance of

24. (0) Where there is a judicial trustec of a trust, the court Discontin may at any time, on the application made by summons of any judicial person appearing to the court to be interested in the trust, order trustee. that there shall cease to be a judicial trustee of the trust, whether the person who is judicial trustee continues as trustee or not.

(2) If the court is satisfied that all the persons appearing to the court to be interested in the trust concur in an application under this rule, the court shall accede to the application, and in any case shall ascertain as far as may be the wishes of those appearing to the court to be interested in the trust with regard to the application.