1950_TRUSTEE_ORDINANCE_ORDINANCE — Page 18

HK Historical Laws 香港歷史法例 All AI Reviewed

Trustee.

[CAP. 29

shall not be appointed to be an attorney under this sub-section.

(2) The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor.

(3) The power of attorney shall not come into operation unless and until the donor is out of the Colony and shall be revoked by his return.

(4) The power of attorney shall be attested by at least one witness, and shall be deposited in the Registry of the Supreme Court within ten days after the execution thereof, or where not executed in the Colony within ten days after its receipt in the Colony, with a statutory declaration by the donor that he intends to remain out of the Colony for a period exceeding one month from the date of such declaration, or from a date therein mentioned.

(5) The execution of such instrument and statutory declaration may be verified—

(a) by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the same were executed, or by some impartial person who knows the signature of the grantor; or

(b) by any other evidence which in the opinion of the Registrar of the Supreme Court is sufficient, or which is hereafter required by any enactment in the case of powers of attorney deposited in the Registry of the Supreme Court.

(6) The statutory declaration aforesaid and a statutory declaration by the donee of the power of attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee.

(7) In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the

477

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Trustee. [CAP. 29 shall not be appointed to be an attorney under this sub-section. (2) The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor. (3) The power of attorney shall not come into operation unless and until the donor is out of the Colony and shall be revoked by his return. (4) The power of attorney shall be attested by at least one witness, and shall be deposited in the Registry of the Supreme Court within ten days after the execution thereof, or where not executed in the Colony within ten days after its receipt in the Colony, with a statutory declaration by the donor that he intends to remain out of the Colony for a period exceeding one month from the date of such declaration, or from a date therein mentioned. (5) The execution of such instrument and statutory declaration may be verified— (a) by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the same were executed, or by some impartial person who knows the signature of the grantor; or (b) by any other evidence which in the opinion of the Registrar of the Supreme Court is sufficient, or which is hereafter required by any enactment in the case of powers of attorney deposited in the Registry of the Supreme Court. (6) The statutory declaration aforesaid and a statutory declaration by the donee of the power of attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee. (7) In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into operation or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the 477
Baseline (Original)
Trustee. [CAP. 29 shall not be appointed to be an attorney under this sub- section. (2) The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor. (3) The power of attorney shall not come into opera- tion unless and until the donor is out of the Colony and shall be revoked by his return. (4) The power of attorney shall be attested by at least one witness, and shall be deposited in the Registry of the Supreme Court within ten days after the execution thereof, or where not executed in the Colony within ten days after its receipt in the Colony, with a statutory declaration by the donor that he intends to remain out of the Colony for a period exceeding one month from the date of such declara- tion, or from a date therein mentioned. Schedule, (5) The execution of such instrument and statutory 9 of 1950, declaration may be verified- (a) by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the same were executed, or by some impartial person who knows the signature of the grantor; or (b) by any other evidence which in the opinion of the Registrar of the Supreme Court is sufficient, or which is hereafter required by any enactment in the case of powers of attorney deposited in the Registry of the Supreme Court. (6) The statutory declaration aforesaid and a statutory declaration by the donec of the power of attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee. . (7) In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into opera- tion or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the 477
2026-05-04 01:31:38 · Baseline
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Trustee.

[CAP. 29

shall not be appointed to be an attorney under this sub- section.

(2) The donor of a power of attorney given under this section shall be liable for the acts or defaults of the donee in the same manner as if they were the acts or defaults of the donor.

(3) The power of attorney shall not come into opera- tion unless and until the donor is out of the Colony and shall be revoked by his return.

(4) The power of attorney shall be attested by at least one witness, and shall be deposited in the Registry of the Supreme Court within ten days after the execution thereof, or where not executed in the Colony within ten days after its receipt in the Colony, with a statutory declaration by the donor that he intends to remain out of the Colony for a period exceeding one month from the date of such declara- tion, or from a date therein mentioned.

Schedule,

(5) The execution of such instrument and statutory 9 of 1950, declaration may be verified-

(a) by an affidavit or statutory declaration sworn or made by the attesting witness or some other person in whose presence the same were executed, or by some impartial person who knows the signature of the grantor; or

(b) by any other evidence which in the opinion of the Registrar of the Supreme Court is sufficient, or which is hereafter required by any enactment in the case of powers of attorney deposited in the Registry of the Supreme Court.

(6) The statutory declaration aforesaid and a statutory declaration by the donec of the power of attorney that the power has come into operation and has not been revoked by the return of the donor shall be conclusive evidence of the facts stated in favour of any person dealing with the donee.

.

(7) In favour of any person dealing with the donee, any act done or instrument executed by the donee shall, notwithstanding that the power has never come into opera- tion or has become revoked by the act of the donor or by his death or otherwise, be as valid and effectual as if the

477

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