Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 15

Appointment of joint and several attorneys

(1) An instrument which appoints more than one attorney cannot create an
enduring power unless the attorneys are appointed to act jointly or jointly
and severally.

(2) The provisions of this Ordinance apply to joint attorneys subject to the
following-

   (a)  the reference in section 6(a) to the time of the execution of the
        instrument by the attorney must be read as a reference to the time
        when the second or last attorney executed the instrument;

   (b)  the reference to the attorney in sections 7(a) and 13(1)(b) and

   (f)  must be read as a reference to any attorney under the power.

(3) The provisions of this Ordinance apply to joint and several attorneys
subject to the following-

   (a)  a failure as respects one attorney to comply with the requirements of
        the creation of the power operates to prevent the instrument from
        creating such a power in relation to him, but does not affect its
        efficacy for that purpose as respects the other or other attorneys in
        relation to whom those requirements have been complied with or its
        efficacy for the purpose of creating a power of attorney which is not
        an enduring power;

   (b)  the instrument may be registered by any one of the attorneys;

   (c)  the reference to the death of the attorney in section 13(1)(f) must be
        construed as a reference to the last of the remaining attorneys under
        the power;

   (d)  with regard to section 13(1)(b)-

        (i)    the reference to the bankruptcy of the attorney in that section
               must be construed as a reference to the bankruptcy of the last
               remaining attorney under the power; and

        (ii)   any other attorney who becomes bankrupt ceases to be an
               attorney on his bankruptcy.