CO129-548-9 Trustee Ordinance 1934 21-7-1934 - 1-8-1934 — Page 40

section 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) Section 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Law of Property Amendment Act, 1859, (Lord St. Leonard's Act) which was repealed by the Trustee Act, 1893. considered that the new Ordinance coupled with section 627

of the Code of Civil Procedure is sufficient.

It is

(u)

Part VIII of the new Ordinance permits the formation

of Trust Companies and is taken from the provisions of

Ordiname No.31 of 1926 of the Straits Settlements.

4. The Ordinance was not passed until its provisions

had been fully considered by the Committee of the Incor-

porated Law Society of Hong Kong, and many of the ir sug-

gestions in connection therewith were adopted.

5. A Table of Correspondence showing the exact source of

each section and the principal variations, with remarks

thereon, between the provisions of the Ordinance and those

of the Trustee Act, 1925, is attached.

6.

In my opinion this is an Ordinance to which His

Excellency the Governor may properly as sent in the name of

His Majesty and on His behalf.

57

At hindsell

Attorney General.

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