CO129-548-9 Trustee Ordinance 1934 21-7-1934 - 1-8-1934 — Page 26

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

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(e) for facilitating the discharge by the court of administrative duties under this part of this Ordinance without judicial proceedings and otherwise regulating procedure under this part of this Ordinance and making it simple and inexpensive;

(f) respecting the suspension or removal of any judicial trustee, and the succession of another person to the office of any judicial trustee who may cease to hold office, and the vesting in such person of any trust property;

(g) respecting the classes of trusts in which officials of the court are not to be judicial trustees, or are to be so temporarily or con- ditionally;

(h) respecting the procedure to be followed where

the judicial trustee is executor or administra tor;

(i) for preventing the employment by judicial trustees of other persons at the expense of the trust, except in cases of strict necessity;

(j) for the filing and auditing of the accounts of any trust of which a judicial trustee has been appointed.

65. In this part of this Ordinance,

Definitions.

(a) "official of the court" means the holder of 59 & 60 Vict.

c. 35, s. 5.

such paid office in or

connected with the

court as may be prescribed;

(b) "prescribed" means prescribed by rules made

under this part of this Ordinance.

PART VII.

THE OFFICIAL TRUSTEE.

66.-(1) For the purpose of carrying into effect the Appointment provisions of this Part of this Ordinance, it shall be of Official lawful for the Governor to appoint a fit and proper Trustee. person to be Official Trustee: Provided that, until such appointment is made, the Official Trustee ap- pointed under the Trustees Ordinance, 1901, shall be Ordinance deemed to have been appointed under this Ordinance. No. 5 of

(2) The said office shall have perpetual succession, and all lands or any interest therein, and all moneys, stocks, and securities and land which may be vested in the Official Trustee under this Part of this Ordin- ance shall be deemed to be vested in the Official Trustee for the time being, without any further trans- fer or conveyance.

1901.

bank to

67. Trustees, or the majority of trustees, having in Payment of their hands or under their control any moneys belong- trust ing to any trust, shall be at liberty, on filing in the moneys into Registry of the court an affidavit shortly describing the credit of instrument creating the trust, according to the best Official of their knowledge and belief, to pay the same, with Trustee. the consent of the Official Trustee and in accordance 10 & 11 Vict. with such directions as they may receive for the pur- c. 96, s. 1; pose from him, into the court; and the said trust 56 & 57 Vict.

c. 53, s. 42. moneys shall be paid through the Treasury into a bank authorised by the Governor on deposit bearing interest, or otherwise, to the account of the Official Trustee (by his official designation) in the matter of the particular trust (describing the same by the names of the parties, as accurately as may be, for the purpose of distinguishing it), in trust to attend the orders of the court.

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