### Trustee Ordinance 《受託人條例》

60. Power to relieve trustee from personal liability
If it appears to the court that a trustee, whether appointed by the court or otherwise, is or may be personally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before or after the commencement of this Ordinance, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach, then the court may relieve him either wholly or partly from personal liability for the same.
[cf. 1925 c. 19 s. 61 U.K.]

61. Power to make beneficiary indemnity for breach of trust
(1) Where a trustee commits a breach of trust at the instigation or request or with the consent in writing of a beneficiary, the court may, if it thinks fit, make such order as to the court seems just, for impounding all or any part of the interest of the beneficiary in the trust estate by way of indemnity to the trustee or persons claiming through him. (Amended 27 of 1971 s. 15)
(2) This section applies to breaches of trust committed as well before as after the commencement of this Ordinance.
[cf. 1925 c. 19 s. 62 U.K.]

62. Payment into court by trustees
(1) Trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may pay the same into court, and the same shall, subject to the rules of court, be dealt with according to the orders of the court.
(2) The receipt or certificate of the proper officer shall be a sufficient discharge to trustees for the money or securities so paid into court.
(3) Where money or securities is or are vested in any persons as trustees, and the majority are desirous of paying the same into court, but the concurrence of the other or others cannot be obtained, the court may order the payment into court to be made by the majority without the concurrence of the other or others.
(4) Where any such money or securities is or are deposited with any banker, broker, or other depositary, the court may order payment or delivery of the money or securities to the majority of the trustees for the purpose of payment into court.
(5) Every transfer, payment and delivery 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 money and securities so transferred, paid or delivered.
[cf. 1925 c. 19 s. 63 U.K.]

### Trustee Ordinance 《受託人條例》

63. Power of court on application to appoint judicial trustee
(1) Where application is made to the court by or on behalf of the person creating or intending to create a trust, or by or on behalf of a trustee or beneficiary, or by the Secretary for Justice in the case of a charitable trust, the court may, in its discretion, appoint a person (in this Part called a judicial trustee

64. Rules
The Chief Justice may with the approval of the Legislative Council make rules for carrying into effect this Part of this Ordinance and especially to prescribe or provide for—
(a) requiring judicial trustees, who are not officials of the court, to give security for the due application of any trust property under their control;
(b) the safety of the trust property, and the custody thereof;
(c) the remuneration of judicial trustees and the fees to be taken under this Part so as to cover the expenses of the administration of this Part, and the payment of such remuneration and fees out of the trust property, and, where the judicial trustee is an official of the court, the application of the remuneration and fees payable to him;
(d) dispensing with formal proof of facts in proper cases;
(e) facilitating the discharge by the court of administrative duties under this Part without judicial proceedings and otherwise regulating procedure under this Part and making it simple and inexpensive;
(f) the suspension or removal of any judicial trustee, and the succession of another person to the office of any judicial trustee who may cease to hold office, and the vesting in such person of any trust property;
(g) the classes of trusts in which officials of the court are not to be judicial trustees, or are to be so temporarily or conditionally;
(h) the procedure to be followed where the judicial trustee is executor or administrator;
(i) preventing the employment by judicial trustees of other persons at the expense of the trust, except in cases of strict necessity;
(j) filing and auditing of the accounts of any trust of which a judicial trustee has been appointed.
[cf. 1896 c. 35 s. 4 U.K.]

65. Definitions
In this Part—
official of the court (法院官員) means(a) the Official Solicitor; or
(b) the holder of such paid office in or connected with the court as may be prescribed; (Replaced 98 of 1991 s. 9)

prescribed (訂明) means prescribed by rules made under this Part.
[cf. 1896 c. 35 s. 5 U.K.]

### Trustee Ordinance 《受託人條例》

66. Appointment of Official Trustee
(1) For the purpose of carrying into effect the provisions of this Part, it shall be lawful for the Chief Executive to appoint a fit and proper person to be Official Trustee: (Amended 18 of 1999 s. 3)
Provided that, until such appointment is made, the Official Solicitor shall ex officio exercise all the powers, privileges and discretions, and discharge the duties required to be performed by the Official Trustee under this Ordinance. 
(2) The said office shall have perpetual succession, and all lands or any interest therein, and all moneys, stocks, and securities and land which may be vested in the Official Trustee under this Part shall be deemed to be vested in the Official Trustee for the time being, without any further transfer or conveyance.
(Amended 98 of 1991 s. 9)

67. Payment of trust moneys into bank to credit of Official Trustee
(1) Trustees, or the majority of trustees, having in their hands or under their control any moneys belonging to any trust, shall be at liberty, on filing in the Registry of the court an affidavit shortly describing the instrument creating the trust, according to the best of their knowledge and belief, to pay the same, with the consent of the Official Trustee and in accordance with such directions as they may receive for the purpose from him, into the court; and the said trust moneys shall be paid through the Treasury into a bank authorized by the Chief Executive on deposit bearing interest, or otherwise, to the account of the Official Trustee (by his official designation) in the matter of the particular trust (describing the same by the names of the parties, as accurately as may be, for the purpose of distinguishing it), in trust to attend the orders of the court. (Amended 18 of 1999 s. 3)
(2) Any trust moneys paid into a bank pursuant to subsection (1) which—
(a) remain unclaimed for a period of 5 years from the last making of any order of the Court in relation thereto; or
(b) if no such order shall have been made, remain unclaimed for a period of 5 years from the date of payment into the bank,
shall be transferred by the Official Trustee to the general revenue of Hong Kong. (Added 71 of 1971 s. 3. Amended 9 of 1993 s. 7)
[cf. 1847 c. 96 s. 1 U.K.; 1893 c. 53 s. 42 U.K.]