CO129-541-2 Estimates 1931 14-10-1932 - 19-7-1934 — Page 95

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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HONG KONG LEGISLATIVE COUNCIL.

(p) Where the court appoints a corporation as trustee, it may

authorise it to charge remuneration (s. 43).

(q) Power is given to the court to authorise trustees to do acts which are ultra vires but are in the opinion of the court expedient (s. 56).

(r) Provisions are made for the appointment of a Judicial Trustee similar to the provisions of the Judicial Trustee Act, 59 and 60 Vict s. 35. (ss. 63, 64 and 65).

(s) S. 17 of the new Ordinance which reproduces s. 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) S. 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 That section was founded on section 30 of the Law of Amend- ment Act, 1859, (Lord St. Leonard's Act) which was repealed by the Trustee Act, 1893. It is considered that the new Ordinance coupled with section 627 of the Code of Civil Procedure is sufficient.

(u) Part VIII of the new Ordinance permits the formation of Trust Companies and is taken from the provisions of Ordinance No. 31 of 1926 of the Straits Settlements.

3. Notwithstanding the inclusion in the new Ordinance (s. 62) of a provision relating to payment into court by trustees and to the inclusion in Part VI (ss. 63, 64 and 65) of provisions relating to judicial trustees, it has been considered desirable to retain the pro- visions of Part I of the Trustees Ordinance, 1901. This is effected accordingly by the inclusion of that Part as Part VII of the Ordinance.

4. A Table of correspondence between the clauses of the bill and the sections of the Trustees Ordinance, 1901, and the Trustee Act, 1925, is attached.

CROWN COUNSEL'S FEES AMENDMENT ORDINANCE, 1934.

THE ATTORNEY GENERAL moved the first reading of a Bill intituled "An Ordinance to amend the Crown Counsel's Fees Ordinance, 1903". He said: The nature and scope of the amendment of the principal Ordinance to be effected by this Bill are clearly explained in the Objects and Reasons.

THE COLONIAL SECRETARY seconded, and the Bill was read a first time.

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