### Judicial Trustee Rules 《司法受託人規則》

7. Appointment of Official Solicitor
(1) Where an official of the court is appointed judicial trustee, the Official Solicitor shall be so appointed, unless, for special reasons, the court directs that some other official of the court shall be so appointed. (98 of 1991 s. 9)
(2) Any official of the court appointed to be a judicial trustee shall, on his ceasing to hold office, cease to be such a trustee without any formal resignation.
(3) Where an official of the court is judicial trustee, any trust property vested in or held by him, shall be vested in and held by him under his official title and not in his own name.
(4) Where an official of the court appointed to be a judicial trustee of a trust dies, or ceases to hold office, his successor in office shall, unless the court otherwise directs, become judicial trustee of the trust without any order of the court of formal appointment, and the trust property shall, without any conveyance, assignment, or transfer, in such a case become vested in the successor as it was vested in his predecessor in office.
(5) For the purpose of the definition of official of the court, in section 65 of the Ordinance, any paid office in or connected with the court shall be a prescribed office.

8. Statement of trust property
(1) A judicial trustee shall, unless in any case the court considers that it is unnecessary, as soon as may be after his appointment, furnish the court with a complete statement of the trust property, accompanied with an approximate estimate of the income and capital value of each item.
(2) The judicial trustee shall give such information to the court as may be necessary for the purpose of keeping the statement of the trust property correct for the time being.

### Judicial Trustee Rules 《司法受託人規則》

9. Security
(1) A judicial trustee, if not an official of the court, shall give security to the court for the due application of the trust property, unless the court dispenses with security under this rule.
(2) The court may, on the appointment of a judicial trustee, or at any time during his continuance in office as judicial trustee, dispense with security on the application either of the person who is to be appointed or is judicial trustee, or of any person appearing to the court to be interested in the trust, and shall do so where a judicial trustee is appointed on the application of a person creating or intending to create a trust, and that person desires that security should be dispensed with, unless for special reasons the court considers that security is in such a case necessary or desirable.
(3) The security shall be given, either by recognizance, bond, or otherwise, as the court directs, and with such sureties as the court approves.
(4) If the court is satisfied that sufficient provision is made for the safety of the capital of the trust property, the amount of the security shall, in ordinary cases, be an amount exceeding by twenty per cent the annual income of the trust property as estimated by the court.
(5) The court may at any time require that the amount or nature of the security given by a judicial trustee under this rule be varied, or that security be given where it has previously been dispensed with, and a judicial trustee shall comply with any such requirement.
(6) It shall be a condition of every recognizance, bond, or other form of security given under this rule that the judicial trustee shall give immediate notice to the court of the death or insolvency of any of his sureties.
(7) Any recognizance, bond, or other form of security given for the purpose of this rule may be vacated in such manner and subject to such conditions as the court may direct.
(8) Where security is not dispensed with, the appointment of a person to be judicial trustee shall not take effect until he has given the security required by the court under this rule.
(9) Any premium payable by a judicial trustee to any guarantee company on account of his security may, if the court so directs, be paid out of the trust property.

### Judicial Trustee Rules 《司法受託人規則》

10. Trust account at bank and custody of documents
(1) When a judicial trustee is appointed, a separate account for receipts and payments on behalf of the trust shall be kept in the name of the trustees at some bank approved by the court.
(2) All title deeds and all certificates and other documents which are evidence of the title of the trustee to any of the trust property shall be deposited either with that bank or in such other custody as the court directs.
(3) The deeds or documents shall be deposited in the names of the trustees, and the judicial trustee shall give notice to the body or person with whom the deeds or documents are so deposited not to deliver any of them over to any person except on a request signed by the judicial trustee and countersigned by the officer of the court, and also to allow any person authorized by the officer of the court in writing to inspect them during business hours.
(4) The judicial trustee shall deposit with the court a list of all deeds or documents deposited in any custody in pursuance of this rule, and shall give information to the court from time to time of any variation to be made in the list.
(5) The judicial trustee shall, if at any time directed by the court, give an order to the bank at which the trust account is kept, not to pay at any one time any sum over a specified amount out of the trust account except on an order countersigned by the officer of the court.
(6) Any payments on account of the income of the trust property may be provided for by means of a standing order to the bank at which the trust account is kept.
(7) The court may give such directions to the judicial trustee as may, in the opinion of the court, be necessary or expedient for carrying this rule into effect, and for securing the safety of the trust property.
(8) Where an official of the court is judicial trustee, the court may direct that, instead of a separate account of the receipts and payments on behalf of the trust being kept at some bank approved by the court, all receipts on behalf of the trust may be dealt with, and all payments on behalf of the trust may be made, in such manner, and subject to such regulations as to the accounts to be kept of the receipts and payments and the procedure to be followed in dealing therewith, as the Director of Accounting Services shall direct. (L.N. 16 of 1977; L.N. 453 of 1993)

11. Judicial trustee not to keep money in his hands
A judicial trustee shall pay all money coming into his hands on account of his trust without delay to the trust account at the bank, and if he keeps any such money in his hands for a longer time than the court considers necessary, shall be liable to pay interest upon it at such rate not exceeding five per cent as the court may fix for the time during which the money remains in his hands.