Hong Kong Ordinances

LAND TITLES ORDINANCE - SECT 69

Trusts

not yet in operation

(1) A person who, in the capacity of trustee (other than as a
personal representative or trustee in bankruptcy)—

   (a)  acquires registered land, a registered charge or a registered 
        long term lease;

   (b)  holds a registered charge;

   (c)  holds a long term lease; or

   (d)  becomes the lessee of a Government lease issued on or after the
        appointed day, may be described by that capacity in the relevant
        instrument, and, if so
described, shall be registered with the addition of the words "as trustee"
and“作為受託人”, but the Registrar shall not enter particulars of the
trust concerned in the Title Register.

(2) Where the owner of registered land or a registered charge, or the lessee
of a registered long term lease, makes a declaration of trust in respect of
the land, charge or lease, or otherwise comes to hold the land, charge or
lease as a trustee (other than as a personal  representative or trustee in
bankruptcy), the Registrar shall, on the presentation of an application for
the registration of a transfer of the land, charge or lease supported by the
declaration or other instrument by virtue of which the owner comes to hold the
land, charge or lease as a
trustee, add the words "as trustee" after that person's English name and add
the words“作為受託人”after that person's Chinese name in the
Title Register concerned, but the Registrar shall not enter particulars of the
trust concerned in the Title Register.

(3) For the avoidance of doubt, it is hereby declared that subsections (1) and
(2) shall not prevent the making of an entry of a consent caution,
non-consent caution, inhibition or restriction in the Title Register by reason
only of the fact that the entry contains particulars of a trust.

(4) A person who, in the capacity of trustee, is registered under this section
as the owner of registered land or a registered charge, or as the lessee of a
registered long term lease—

   (a)  shall be subject to any interests to which the land, charge or lease
        is subject at the time of registration of the person as the owner or
        lessee, as the case may be; and

   (b)  without prejudice to paragraph (a), for the purposes of any dealing in
        the land, charge or lease, shall have all the rights conferred under
        this Ordinance or any other enactment on the owner of registered  land
        or a registered charge, or the lessee of a registered long term 
        lease, as the case may be, who has acquired the land, charge or lease
        for valuable consideration.

(5) No breach of the terms of the trust to which the person, land, charge or
lease referred to in subsection (4) is subject shall create any right or
indemnity under this Ordinance.