Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 92

LODGMENT, INVESTMENT, ETC. OF FUNDS IN COURT

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 2. Payment into
court under the Trustee Ordinance (O. 92, r. 2)

(1) Subject to paragraph (2), any trustee wishing to make a payment into court
under section 62 of the Trustee Ordinance ( Cap 29) must make and file an
affidavit setting out-

   (a)  a short description of the trust and of the instrument creating it or,
        as the case may be, of the circumstances in which the trust arose,

   (b)  the names of the persons interested in or entitled to the money or
        securities to be paid into court with their addresses so far as known
        to him,

   (c)  his submission to answer all such inquiries relating to the
        application of such money or securities as the Court may make or
        direct, and

   (d)  an address where he may be served with any summons or order, or notice
        of any proceedings, relating to the money or securities paid into
        court.

(2) Where the money or securities represents a legacy, or residue or any share
thereof, to which a minor or a person resident outside Hong Kong is absolutely
entitled, no affidavit need be filed under paragraph

(1) and the money or securities may be paid into court in the manner
prescribed by the High Court Suitors' Funds Rules ( Cap 4 sub. leg.) for the
time being in force. (25 of 1998 s. 2)

4. Notice of lodgment (O. 92, r. 4)

Any person who has lodged money or securities in court in accordance with rule
2 must forthwith send notice of the lodgment to every person appearing from
the affidavit on which the lodgment was made to be entitled to, or to have an
interest in, the money or securities lodged.

5. Applications with respect to funds in court (O. 92, r. 5)

(1) Where an application to the Court-

   (a)  for the payment or transfer to any person of any funds in court
        standing to the credit of any cause or matter or for the transfer of
        any such funds to a separate account or for the payment to any person
        of any dividend of or interest on any securities or money comprised in
        such funds;

   (b)  for the investment, or change of investment, of any funds in court;

   (c)  for payment of the dividends of or interest on any funds in court
        representing or comprising money or securities lodged in court under
        any enactment; or

   (d)  for the payment or transfer out of court of any such funds as are
        mentioned in sub-paragraph (c), is made the application may be
        disposed of in chambers.

(2) Subject to paragraph (3), any such application must be made by summons
and, unless the application is made in a pending cause or matter or an
application for the same purpose has previously been made by petition or
originating summons, the summons must be an originating  summons.

(3) Where an application under paragraph (1)(d) is required to be made by
originating summons, then, if the funds to which the application relates do
not exceed $50000 in value, the application may be made ex parte to a master
and the master may dispose of the application or may direct it to be made by
originating summons. Unless otherwise directed, an ex parte application under
this paragraph shall be made by affidavit.

(5) This rule does not apply to any application for an order under Order 22.
(Enacted 1988)