Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 42

Power of court to appoint new trustees

PART V

POWERS OF THE COURT

Appointment of new Trustees

(1) The court may, whenever it is expedient to appoint a new  trustee or
new trustees, and it is found inexpedient, difficult or impracticable so to do
without the assistance of the court, make an order appointing a new trustee or
new trustees either in substitution for or in addition to any existing trustee
or trustees, or although there is no existing trustee. In particular and
without prejudice to the generality of the foregoing provision, the court may
make an order appointing a new  trustee in substitution for a trustee who is
sentenced to a term of imprisonment or is a lunatic or a
person of unsound mind or is a bankrupt or is a corporation which is in
liquidation or has been dissolved.

(2) An order under this section, and any consequential vesting order or
conveyance, shall not operate further or otherwise as a discharge to any
former or continuing trustee than an appointment of new trustees under any
power for that purpose contained in any instrument would have operated.

(3) Nothing in this section gives power to appoint an executor or
administrator. [cf. 1925 c.19 s.41 U.K.]