1950_TRUSTEE_ORDINANCE_ORDINANCE — Page 55

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 29]

[8. 84 cont.]

Appointment

of a company to be a

trustee.

24 of 1950, Schedule.

Joint tenancy.

Trust

company may act as agent.

Security not required,

Trustee.

the company: Provided always that nothing in this Part contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could otherwise be lawfully done only by a barrister or by a solicitor.

85. In all cases in which the court or any person or persons has or have power to appoint a trustee, whether as an original or new or additional trustee, to perform any legal trust or duty a trust company may be appointed in the same manner as if the company were a private individual: Provided that no trust company shall be appointed in any case in which the instrument creating the trust, or the power authorizing the appointment, forbids the appointment of a company: Provided also that nothing in this section shall be deemed to derogate from the provisions of sections 38 and 40.

86. A trust company, acting in a fiduciary capacity, shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were a private individual.

87. It shall be lawful for a trust company to act under any deed or instrument by which the company is appointed agent or attorney for any person, and all the powers conferred upon the company by any such deed or instrument may be exercised by such officer of the company as the company may appoint for that purpose: Provided that nothing in this section shall be deemed to authorize any person to confer upon a trust company any power which may not lawfully be delegated by him.

88. (1) Notwithstanding the provisions of any other enactment, no trust company to which a grant of letters of administration has been made shall be required to furnish security for the due administration of the estate.

(2) Notwithstanding the provisions of any other enactment, no trust company appointed by the court to perform the duties of receiver, guardian, committee or any other

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CAP. 29] [8. 84 cont.] Appointment of a company to be a trustee. 24 of 1950, Schedule. Joint tenancy. Trust company may act as agent. Security not required, Trustee. the company: Provided always that nothing in this Part contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could otherwise be lawfully done only by a barrister or by a solicitor. 85. In all cases in which the court or any person or persons has or have power to appoint a trustee, whether as an original or new or additional trustee, to perform any legal trust or duty a trust company may be appointed in the same manner as if the company were a private individual: Provided that no trust company shall be appointed in any case in which the instrument creating the trust, or the power authorizing the appointment, forbids the appointment of a company: Provided also that nothing in this section shall be deemed to derogate from the provisions of sections 38 and 40. 86. A trust company, acting in a fiduciary capacity, shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were a private individual. 87. It shall be lawful for a trust company to act under any deed or instrument by which the company is appointed agent or attorney for any person, and all the powers conferred upon the company by any such deed or instrument may be exercised by such officer of the company as the company may appoint for that purpose: Provided that nothing in this section shall be deemed to authorize any person to confer upon a trust company any power which may not lawfully be delegated by him. 88. (1) Notwithstanding the provisions of any other enactment, no trust company to which a grant of letters of administration has been made shall be required to furnish security for the due administration of the estate. (2) Notwithstanding the provisions of any other enactment, no trust company appointed by the court to perform the duties of receiver, guardian, committee or any other 514- Page 55 Page 56
Baseline (Original)
CAP. 29] [8. 84 cont.] Appointment of a company to be a trustee. 24 of 1950, Schedule. Joint tenancy. Trust company may act as agent. Security not required, Trustee. the company: Provided always that nothing in this Part contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could other- wise be lawfully done only by a barrister or by a [85 solicitor. 85. In all cases in which the court or any person or persons has or have power to appoint a trustee, whether as an original or new or additional trustee, to perform any legal trust or duty a trust company may be appointed in the same manner as if the company were a private indivi- dual: Provided that no trust company shall be appointed in any case in which the instrument creating the trust, or the power authorizing the appointment, forbids the appoint- ment of a company: Provided also that nothing in this section shall be deemed to derogate from the provisions of sections 38 and 40. [86 86. A trust company, acting in a fiduciary capacity, shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were a private individual. [87 87. It shall be lawful for a trust company to act under any deed or instrument by which the company is appointed agent or attorney for any person, and all the powers con- ferred upon the company by any such deed or instrument may be exercised by such officer of the company as the company may appoint for that purpose: Provided that nothing in this section shall be deemed to authorize any person to confer upon a trust company any power which may not lawfully be delegated by him.. [88 88. (1) Notwithstanding the provisions of any other enactment, no trust company to which a grant of letters of administration has been made shall be required to furnish security for the due administration of the estate. (2) Notwithstanding the provisions of any other enact- ment, no trust company appointed by the court to perform the duties of receiver, guardian, committee or any other 514- Page 55Page 56
2026-05-04 01:35:15 · Baseline
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CAP. 29]

[8. 84 cont.]

Appointment

of a company to be a

trustee.

24 of 1950, Schedule.

Joint tenancy.

Trust

company may act as agent.

Security not required,

Trustee.

the company: Provided always that nothing in this Part contained shall confer upon any person, not otherwise entitled thereto, any right to appear or be heard before or in any court on behalf of the company or to do any act whatsoever on behalf of the company which could other- wise be lawfully done only by a barrister or by a [85

solicitor.

85. In all cases in which the court or any person or persons has or have power to appoint a trustee, whether as an original or new or additional trustee, to perform any legal trust or duty a trust company may be appointed in the same manner as if the company were a private indivi- dual: Provided that no trust company shall be appointed in any case in which the instrument creating the trust, or the power authorizing the appointment, forbids the appoint- ment of a company: Provided also that nothing in this section shall be deemed to derogate from the provisions of sections 38 and 40.

[86

86. A trust company, acting in a fiduciary capacity, shall be capable of acquiring and holding any property in joint tenancy in the same manner as if it were a private individual.

[87

87. It shall be lawful for a trust company to act under any deed or instrument by which the company is appointed agent or attorney for any person, and all the powers con- ferred upon the company by any such deed or instrument may be exercised by such officer of the company as the company may appoint for that purpose: Provided that nothing in this section shall be deemed to authorize any person to confer upon a trust company any power which may not lawfully be delegated by him..

[88

88. (1) Notwithstanding the provisions of any other enactment, no trust company to which a grant of letters of administration has been made shall be required to furnish security for the due administration of the estate.

(2) Notwithstanding the provisions of any other enact- ment, no trust company appointed by the court to perform the duties of receiver, guardian, committee or any other

514-

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