Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 39

Evidence as to a vacancy in a trust

(1) A statement, contained in any instrument coming into operation after the
commencement of this Ordinance by which a new trustee is appointed for any
purpose connected with land, to the effect that a trustee has remained out of
Hong Kong for more than 12 months or refuses or is unfit to act, or is
incapable of acting, or that he is not entitled to a beneficial interest in
the trust property in possession, shall, in favour of a purchaser of a legal
estate, be conclusive evidence of the matter stated. (Amended 9 of 1993 s. 7)

(2) In favour of such purchaser any appointment of a new trustee depending on
that statement, and any vesting declaration, express or implied, consequent on
the appointment, shall be valid. [cf. 1925 c.19 s.38 U.K.]