Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 63

Power of court on application to appoint judicial trustee

(Past version on 30/06/1997).

PART VI

THE JUDICIAL TRUSTEE

(1) Where application is made to the court by or on behalf of the person
creating or intending to create a trust, or by or on behalf of a trustee or
beneficiary, or by the Secretary for Justice in the case of a charitable
trust, the court may, in its discretion, appoint a person (in this Part called
a judicial trustee) to be a trustee of that trust, either jointly with any
other person or as sole trustee, and, if sufficient cause is shown, in place
of all or any existing trustees. (Amended 68 of 1995 s. 14; L.N. 362 of 1997)

(2) The administration of the property of a deceased person, whether a
testator or intestate, shall be a trust, and the executor or administrator a
trustee, within the meaning of this Part.

(3) Any fit and proper person nominated for the purpose in the application may
be appointed a judicial trustee, and, in the absence of such nomination, or if
the court is not satisfied of the fitness of a person so nominated, an
official of the court may be appointed, and in any case a judicial trustee
shall be subject to the control and supervision of the court as an officer
thereof.

(4) The court may, either on request or without request, give to a judicial
trustee any general or special directions in regard to the trust or the
administration thereof.

(5) There may be paid to the judicial trustee out of the trust property such
remuneration, not exceeding any prescribed limits, as the court may assign in
each case, subject to any rules under this Part respecting the application of
such remuneration where the judicial trustee is an official of the court, and
the remuneration so assigned to any judicial trustee shall, save as the court
may for special reasons otherwise order, cover all his work and personal
outlay.

(6) Once in every year the accounts of every trust of which a judicial trustee
has been appointed shall be audited, and a report thereon made to the court by
such persons as may be prescribed, and, in any case where the court shall so
direct, an inquiry into the administration by a judicial trustee of any trust,
or into any dealing or transaction of a judicial trustee, shall be made in
such manner as may be prescribed. [cf. 1896 c. 35 s. 1 U.K.]