CO129-548-9 Trustee Ordinance 1934 21-7-1934 - 1-8-1934 — Page 39

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

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(j)

Power is given to a trustee, who intends to remain

out of the Colony for a period exceeding one month, to

delegate to any person by power of attorney the execution

or exercise of the trust (s.27).

(k) Additional protection is afforded to trustees (ss.

28, 29, 30 and 31).

(1)

An elaborate maintenance clause is provided and an

advancement clause (ss.33 and 34).

(m) A statutory protective trust is provided similar to

that which is often inserted in a will or settlement whe re

the legatee or beneficiary is improvident. It will be

sufficient to direct that the fund is to be held on "pro-

tective trusts" (s.35).

(n) In the case of future settlements and dispositions

on trust for the sale of land the number of trustees shall

not exceed four. In the case of existing trustees holding

land on trust for sale the number of trustees, if over

four, is to be reduced to four by means of leaving vacancies

unfilled these restrictions are not to apply in the

case of land vested in trustees for charitable or public purposes (s.36).

(0) The do nee of a power of appointment of new trustees

may appoint themselves, and a new trustee may be appointed

in place of an infant. Additional trustees may be appointed,

although there is no vacancy, but the number of trustees

must not be increased beyond four (s.37).

(p) Where the court appoints a corporation as trustee, it may authorise it to charge remuneration (s.43).

(a) 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. c.35. (ss.63, 64 and 65).

(s) Section 17 of the new Ordinance which reproduces

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