1953-HKRS30-8-43_Part03 — Page 43

Executora and adminis- trators.

Special

trasts.

Exercise

of powers of court.

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(3) Where an order is made under this rule, the court shall make all such orders as may be necessary for carrying it into effect, and where in pursuance of any such order a new trustee is appointed in the place of an official of the court, shall make all such vesting or other orders and exercise all such other powers as may be necessary for vesting the trust property in the new trustee either as sole trustee or jointly with other trustees as the case requires.

Special Trusts.

25. (1) Any person who is an executor or administrator may be appointed a judical trustee for the purpose of the collec- tion and distribution of the estate of a deceased person in the same manner and subject to the same provisions as in the case of an ordinary trust.

(2) Where an administrator has given an administration bond, he need not give security as a judicial trustee under these rules unless the court directs that he is to do so.

26. (1) An official of the court shall not be appointed ar act as judicial trustce for any persons in their capacity as members or debenture holders of, or being in any other relation to, any incorporated or unincorporated company, or any club.

(a) Where the circumstances of any trust of which an official of the court is a judicial trustee, or of which it is proposed to appoint an official of the court to be a judicial trustee, involve the carrying on of any trade or business, special intimation of the fact shall be given to the court either by the judicial trusted or by the person making the application for the appointment of the judicial trustee, as the case may be, and the court shall specially consider the facts of the case with a view to determining whether the official of the court should continue or be appointed as judicial trustee, and whether any special condition should be made or directions given with a view to ensuring the proper supervision

of the trade or business.

Exercise of the Powers of the Court.

27. For the purpose of these rules the officer of the court may exercise any power which may be exercised by the court (including the power of making an order for the appointment of a judicial trustee or making any vesting order), and may perform any duty to be performed by the court, and may hear and investigate any matter which may be heard or investigated by the court, subject in any case to the right of any party to bring any particular point before the judge.

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cations

28. (1) It shall not be necessary to take out a summons Communi- for any purpose under these rules, except in cases where a sum- between mons is required by these rules, or where the court directs a judicial suminons to be taken out.

(2) Where a judicial trustee desires to make any application or request to the court, or to communicate with the court as to the administration of his trust, he may do so by letter addressed to the officer of the court without any further formality.

(3) The court may give any direction to a judicial trustee with regard to the administration of his trust by letter signed by the officer of the court, and addressed to the trustee without drawing up any order or formal document.

(4) For the purposes of the attendance at chambers of the judicial trustee or any other person connected with the trust for purposes relating to the administration of the trust the officer of the court may make such appointments as he thinks fit by letter without the service of formal notices.

(5) Any document may be supplied for the use of the court by leaving it with, or sending it by post to, the officer of the

court.

trusted and court.

28. (1) The fees mentioned in the schedule to these rules Fees.

Schedule. shall be paid in respect of the matters therein mentioned.

(2) The fees paid by a judicial trustee may be deducted out of the income of the trust property unless the court otherwise directs.

(3) Any fees payable under these rules may be remitted by post, and may be so remitted in any manner except by means of postage stamps or coin.

(4) All fees payable under these rules in the Supreme Court, shall, except as provided by these rules, be subject to similar provisions as to payment, account, and application as other fees payable in the Supreme Court.

30. In these rules the expression "officer of the court" Definition means the Registrar of the Supreme Court.

of "officer of the court"

31. Any notice required by these rules to be given or any Service. summons or other document required to be served may be given or served personally or in such other manner as the court may direct.