HKLII Hong Kong Regulations

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JUDICIAL TRUSTEE RULES - RULE 4

Statement to be supplied on application

(1) Where an application is made for the appointment of a judicial trustee by
originating summons, the applicant shall, when he takes out the summons,
supply for the use of the court a written statement signed by him containing
the following particulars so far as he can gain information with regard to
them-

   (a)  a short description of the trust and instrument by which it is, or is
        to be, created, and of the relation which the applicant bears to the
        trust;

   (b)  if a person is nominated as judicial trustee, the name and address of
        the person nominated, and short particulars of the reasons which lead
        to his nomination;

   (c)  if a person is nominated as judicial trustee, a statement whether it
        is proposed that the person nominated should be remunerated or not;

   (d)  short particulars of the trust property, with an approximate estimate
        of its income, and capital value;

   (e)  short particulars of the incumbrances (if any) affecting the trust
        property;

   (f)  a statement whether it is proposed that the judicial trustee should be
        a sole trustee or should act jointly with other trustees;

   (g)  particulars as to the persons who are in possession of the documents
        relating to the trust;

   (h)  the names and addresses of the beneficiaries and short particulars of
        their respective interests;

   (i)  any exceptional circumstances specially affecting the administration
        of the trust.

(2) An affidavit by the applicant verifying the statement shall be sufficient
prima facie evidence of the particulars contained in the statement.

(3) Where the applicant cannot gain the information necessary for making the
required statement on any point, he must mention the fact in his statement.



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