### Trustee Ordinance 《受託人條例》

68. Transfer of trust securities into name of Official Trustee
Trustees, or the majority of trustees, having any securities standing in their names in the books of any public company or corporation established in Hong Kong, or in the names of any deceased persons of whom they are personal representatives, upon any trust, shall be at liberty, on filing such affidavit as aforesaid, to transfer such securities, with such consent and in accordance with such directions as aforesaid, into the name of the Official Trustee (by his official designation) or to deposit the same in his name in such bank as aforesaid in the matter of the particular trust (describing the same as aforesaid), in trust to attend the orders of the court. 
(Amended 9 of 1993 s. 7)[cf. 1847 c. 96 s. 1 U.K.]

69. Conveyance of land in trust to Official Trustee
Trustees, or the majority of trustees, in whom any land within Hong Kong is or becomes vested upon any trust, shall be at liberty, on filing such affidavit as aforesaid, to convey such land, with such consent and in accordance with such directions as aforesaid, to the Official Trustee, in trust to attend the orders of the court.
(Amended 9 of 1993 s. 7)[cf. 1847 c. 96 s. 1 U.K.]

70. Certificate to be given by Official Trustee
In every such case as aforesaid, the certificate of the Official Trustee for the moneys so paid, or of the transfer or deposit of such securities, or of the conveyance of such land shall be a sufficient discharge to such trustees for the moneys so paid, or the stocks or securities so transferred or deposited, or the land so conveyed as aforesaid.
[cf. 1847 c. 96 s. 1 U.K.]

### Trustee Ordinance 《受託人條例》

71. Order for payment, etc. by majority of trustees without concurrence of others
(1) Where any moneys or securities, or any land, are or is vested in any persons as trustees, and the majority of them are desirous of paying, transferring, depositing, or conveying the same as aforesaid, but the concurrence of the other or others cannot be obtained, the court may order the payment, transfer, deposit, or conveyance to be made by the majority without the concurrence of the other or others; and where any such moneys or securities are deposited with any banker, broker, or other depositary, the court may order payment or delivery of the moneys or securities to the majority of the trustees for the purpose of payment into court.
(2) Every payment, transfer, deposit, delivery, and conveyance made in pursuance of any such order shall be valid and take effect as if the same had been made on the authority or by the act of all the persons entitled to the moneys, securities, or land so paid, transferred, deposited, delivered, or conveyed.
[cf. 1893 c. 53 s. 42 U.K.]

72. Administration of trust estate
(1) Such orders as may seem fit shall be made by the court in respect of the trust estate and for the investment and payment of any such moneys or of any dividends or interest on any such securities, and for the transfer and delivery out of any such securities, and for the administration of any such trust generally, upon a petition to be presented in a summary way to the court by such party or parties as to the court may appear to be competent and necessary in that behalf, and service of such petition shall be made on such person or persons as the court may see fit and direct.
(2) Every order made upon any such petition shall have the same authority and effect, and shall be enforced in the same manner, as if the same had been made in an action regularly instituted in the court.
(3) If in any case it appears that the trust estate cannot be safely administered without the institution of one or more action or actions, the court may direct any such action or actions to be instituted.
[cf. 1847 c. 96 s. 2 U.K.]

### Trustee Ordinance 《受託人條例》

73. Charges upon trust estate administered by Official Trustee
(1) There shall be imposed and levied, for the use of the Government, upon every trust estate administered under this Part a charge equivalent to the following percentage of the net value of the trust estate—10 per cent where the value of the trust estate does not exceed $100,000, or, where the value exceeds $100,000, 10 per cent on the first $100,000 and 5 per cent on the excess.
(2) The said charge shall constitute a primary lien upon the trust estate, and shall be levied, in the case of trust moneys deposited in a bank, by an order of the court, authorizing the payment thereof to the Official Trustee for the use of the Government, and in the case of securities or land, by sale, mortgage, or otherwise as the court may direct, and in case of any such sale or mortgage, the court may, by the same or any further order, empower the Official Trustee to execute all instruments necessary for carrying out this provision, and instruments so executed shall be as valid and effectual to all intents and purposes as if the same had been executed by all persons who, but for this provision, would have been necessary parties thereto.
(3) There shall also be imposed and levied, for the use of the Government, upon every such estate a charge equivalent to 5 per cent of the annual revenue of the trust estate. The Official Trustee shall deduct such charge in making up the annual accounts of the estate.
(Amended 27 of 1985 s. 2; 18 of 1999 s. 3)

74. General rights and powers of Official Trustee
(1) In the administration of any trust estate, the Official Trustee shall have and may exercise all the rights and powers conferred upon trustees by this Ordinance, so far as they are applicable to such trust estate.
(2) The Official Trustee may, subject to any rules that may be made under section 76, employ for the purposes of any trust such solicitors, bankers, accountants, brokers or other persons, as he may consider necessary, and, in determining the persons to be employed in relation to any trust, he shall have regard to the interests of the trust, but subject to this he shall, whenever practicable, take into consideration the wishes of the creator of the trust and of the other trustees (if any) and of the beneficiaries, either expressed or implied by the practice of the creator of the trust, or in the previous management of the trust. [cf. 1906 c. 55 s. 11(2) U.K.]

### Trustee Ordinance 《受託人條例》

75. Limitation of liability of Official Trustee
The Official Trustee shall incur no personal liability by reason of any securities being transferred into his name as aforesaid, or by reason of any land being conveyed to him as aforesaid, or by reason of any loss accruing to any trust estate in his hands, otherwise than by his own wilful neglect or default:
Provided that nothing in this Part shall be deemed to affect any rights or remedies against the trust estate or any cestui que trust or any person other than the Official Trustee and the trustees so discharged as aforesaid.

76. Rules for administration of trust funds
The Chief Executive in Council may make rules providing for the administration of trust funds.
(Replaced 9 of 1950 Schedule. Amended 18 of 1999 s. 3)