Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 55

Orders made upon certain allegations to be conclusive evidence

Where a vesting order is made as to any land under this Ordinance founded on
an allegation of any of the following matters namely-

   (a)  the personal incapacity of a trustee or mortgagee; or

   (b)  that a trustee or mortgagee or the personal representative of or other
        person deriving title under a trustee or mortgagee is out of the
        jurisdiction of the court or cannot be found, or being a corporation
        has been dissolved; or

   (c)  that it is uncertain which of 2 or more trustees, or which of 2 or
        more persons interested in a mortgage, was the survivor; or

   (d)  that it is uncertain whether the last trustee or the personal 
        representative of or other person deriving title under a trustee or
        mortgagee, or the last surviving person interested in a mortgage is
        living or dead; or

   (e)  that any trustee or mortgagee has died intestate without leaving a
        person beneficially interested under the intestacy or has died and it
        is not known who is his personal representative or the person
        interested, the fact that the order has been so made shall be
        conclusive evidence of the matter so alleged in any court upon any
        question as to the validity of the order; but this section does not
        prevent the court from directing a reconveyance or surrender or the
        payment of costs occasioned by any such order if improperly obtained.
        [cf. 1925 c.19 s.55 U.K.]