### Administration of Trust Funds Rules 《信託基金管理規則》

1. Citation
These rules may be cited as the Administration of Trust Funds Rules.

2. Affidavit to be filed by trustee desiring to pay money to account of, or to deposit shares, etc., in name of, Official Trustee
Any trustee desiring to pay money to the account of, or to transfer or deposit shares, stock, or securities into or in the name of, the Official Trustee under the provisions of the Ordinance relating to the administration of trust funds, shall file an affidavit setting forth—
(a) his own name and address;
(b) the place where he is to be served with any petition or any notice of any proceeding or order of the court, or of the judge in chambers, relating to the trust fund;
(c) the amount of money, shares, stock, or securities, which he proposes to pay or transfer into or deposit in court, to the credit of the trust;
(d) a short description of the trust and of the instrument creating it;
(e) the name of the persons interested in or entitled to the fund, to the best of the knowledge and belief of the trustee; and
(f) the submission of the trustee to answer all such inquiries relating to the application of the money, shares, stock, or securities paid in, transferred, or deposited under the Ordinance as the court or a judge in chambers may think proper to make or direct.

3. Directions for payment of money, etc.
The Official Trustee, on production of an office copy of the affidavit, shall give the necessary directions for payment, transfer, or deposit, and place the money, shares, stock, or securities, to the account of the particular trust; and shall grant a certificate of such payment, transfer, or deposit.

4. Investment of moneys
Where it is deemed unnecessary to have the money, or the dividends or interest of the shares, stock, or securities, invested in the meantime, the affidavit shall further contain a statement to that effect. But where the affidavit contains no such statement, the Official Trustee shall be at liberty to invest, as soon as conveniently may be, the money paid in or the dividends or interest on the shares, stock, or securities transferred, and all accumulations thereof, in or upon such investments and securities as the court may direct or approve, and every such investment shall be made in the matter of the particular trust:
Provided that where at any time a request in writing, by or on behalf of any party claiming to be entitled, that such investment may be discontinued is left with the Official Trustee, he shall be at liberty to cease making any further investment in the matter of the particular trust until the court has made some order in that behalf.

5. Notice of payment, etc., to cestui que trust
The trustee, having made the payment, transfer, or deposit, shall forthwith give notice thereof to the several persons named in his affidavit as interested in or entitled to the fund.

### Administration of Trust Funds Rules 《信託基金管理規則》

6. Applications relating to fund
Such persons, or any of them, or the trustee may apply by petition, or, in a case where the fund does not exceed two thousand dollars in value, by summons, respecting the investment, payment out, or distribution of the fund or of the dividends or interest thereof.

7. Notice to trustee of application by cestui que trust
The trustee shall be served with notice of any application made to the court or in chambers respecting the fund, or the dividends or interest thereof, by any person interested therein or entitled thereto.

8. Notice to cestui que trust of application by trustee
The persons interested in or entitled to the fund shall be served with notice of any application made by the trustee to the court or in chambers respecting the fund or the dividends or interest thereof.

9. Place for service on applicant
No petition shall be set down to be heard, and no summons shall be sealed, until the petitioner or applicant has first named in his petition or summons a place where he may be served with any petition or summons or notice of any proceeding or order of the court relating to the fund.

10. Title of petition, etc.
Every petition presented, summons issued, and affidavit filed under the said provisions shall be intituled in the matter of the Ordinance and in the matter of the particular trust. 

### Judicial Trustee Rules 《司法受託人規則》

1. Citation
These rules may be cited as the Judicial Trustee Rules.

2. Mode of making application
An application to the court to appoint a judicial trustee shall be in the High Court, and— (25 of 1998 s. 2)
(a) if not made in a pending cause or matter, shall be made by originating summons; and
(b) if made in a pending cause or matter, shall be made as part of the relief claimed, or by summons in the cause or matter.

3. Service of summons
(1) The summons shall be served—
(a) where the application is made by or on behalf of a trustee, on the other trustee (if any); and
(b) where the application is made by or on behalf of a beneficiary, on the trustees (if any),
and in either case on such (if any) of the beneficiaries as the court directs.
(2) Where the application is made by or on behalf of a person creating or intending to create a trust, the summons subject to any direction of the court, need not be served on any person.
(3) The court may give any directions it thinks fit, either dispensing with the service of the summons on any person on whom it is required to be served under this rule, or requiring the service of the summons on any person on whom it is not required to be served under this rule.

### Judicial Trustee Rules 《司法受託人規則》

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.

5. Removal of restriction as to appointment of certain persons to be trustees
(1) The court shall not be precluded by any existing practice as to the appointment of trustees from appointing any person to be a judicial trustee by reason of that person being a beneficiary, or a relation or husband or wife of a beneficiary, or a solicitor to the trust or to the trustee, or to any beneficiary, or a married woman, or standing in any special position with regard to the trust.
(2) A person may be appointed to be a judicial trustee of a trust although he is already a trustee of the trust.

6. Power to make vesting or other orders
On the appointment of any person to be judicial trustee the court shall make such vesting or other orders and exercise such other powers as may be necessary for vesting the trust property in the judicial trustee either as sole trustee or jointly with other trustees as the case requires.