Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 45

Vesting orders of land

Vesting Orders

In any of the following cases, namely-

   (a)  where the court appoints or has appointed a trustee, or where a
        trustee has been appointed out of court under any statutory or express
        power;

   (b)  where a trustee entitled to or possessed of any land or interest
        therein, whether by way of mortgage or otherwise, or entitled to a
        contingent right therein, either solely or jointly with any other
        person-

        (i)    is under disability; or

        (ii)   is out of the jurisdiction of the court; or

        (iii)  cannot be found, or, being a corporation, has been dissolved;

   (c)  where it is uncertain who was the survivor of 2 or more trustees
        jointly entitled to or possessed of any interest in land;

   (d)  where it is uncertain whether the last trustee known to have been
        entitled to or possessed of any interest in land is living or dead;

   (e)  where there is no personal representative of a deceased trustee who
        was entitled to or possessed of any interest in land, or where it is
        uncertain who is the personal representative of a deceased trustee who
        was entitled to or possessed of any interest in land;

   (f)  where a trustee jointly or solely entitled to or possessed of any
        interest in land, or entitled to a contingent right therein, has been
        required, by or on behalf of a person entitled to require a conveyance
        of the land or interest or a release of the right, to convey the land
        or interest or to release the right, and has wilfully refused or
        neglected to convey the land or interest or release the right for 28
        days after the date of the requirement;

   (g)  where land or any interest therein is vested in a trustee whether by
        way of mortgage or otherwise, and it appears to the court to be
        expedient, the court may make an order (in this Ordinance called a
        vesting order) vesting the land or interest therein in any such person
        in any such manner and for any such estate or interest as the court
        may direct, or releasing or disposing of the contingent right to such
        person as the court may direct: Provided that-

        (i)    where the order is consequential on the appointment of a
               trustee the land or interest therein shall be vested for such
               estate as the court may direct in the persons who on the
               appointment are the trustees; and

        (ii)   where the order relates to a trustee entitled or formerly
               entitled jointly with another person, and such trustee is under
               disability or out of the jurisdiction of the court or cannot be
               found, or being a corporation has been dissolved, the land,
               interest or right shall be vested in such other person who
               remains entitled, either alone or with any other person the
               court may appoint. [cf. 1925 c.19 s.44 U.K.]