### Judicial Trustee Rules 《司法受託人規則》

24. Discontinuance of judicial trustee
(1) Where there is a judicial trustee of a trust, the court may at any time, on the application made by summons of any person appearing to the court to be interested in the trust, order that there shall cease to be a judicial trustee of the trust, whether the person who is judicial trustee continues as trustee or not.
(2) If the court is satisfied that all the persons appearing to the court to be interested in the trust concur in an application under this rule, the court shall accede to the application, and in any case shall ascertain as far as may be the wishes of those appearing to the court to be interested in the trust with regard to the application.
(3) Where an order is made under this rule, the court shall make all such orders as may be necessary for carrying it into effect, and where in pursuance of any such order a new trustee is appointed in the place of an official of the court, shall make all such vesting or other orders and exercise all such other powers as may be necessary for vesting the trust property in the new trustee either as sole trustee or jointly with other trustees as the case requires.

25. Executors and administrators
(1) Any person who is an executor or administrator may be appointed a judicial trustee for the purpose of the collection and distribution of the estate of a deceased person in the same manner and subject to the same provisions as in the case of an ordinary trust.
(2) Where an administrator has given an administration bond, he need not give security as a judicial trustee under these rules unless the court directs that he is to do so.

26. Special trusts
(1) An official of the court shall not be appointed or act as judicial trustee for any persons in their capacity as members or debenture holders of, or being in any other relation to, any incorporated or unincorporated company, or any club.
(2) Where the circumstances of any trust of which an official of the court is a judicial trustee, or of which it is proposed to appoint an official of the court to be a judicial trustee, involve the carrying on of any trade or business, special intimation of the fact shall be given to the court either by the judicial trustee or by the person making the application for the appointment of the judicial trustee, as the case may be, and the court shall specially consider the facts of the case with a view to determining whether the official of the court should continue or be appointed as judicial trustee, and whether any special condition should be made or directions given with a view to ensuring the proper supervision of the trade or business.

### Judicial Trustee Rules 《司法受託人規則》

27. Exercise of powers of court
For the purpose of these rules the officer of the court may exercise any power which may be exercised by the court (including the power of making an order for the appointment of a judicial trustee or making any vesting order) and may perform any duty to be performed by the court, and may hear and investigate any matter which may be heard or investigated by the court, subject in any case to the right of any party to bring any particular point before the judge.

28. Communications between judicial trustee and court
(1) It shall not be necessary to take out a summons for any purpose under these rules, except in cases where a summons is required by these rules, or where the court directs a summons to be taken out.
(2) Where a judicial trustee desires to make any application or request to the court, or to communicate with the court as to the administration of his trust, he may do so by letter addressed to the officer of the court without any further formality.
(3) The court may give any direction to a judicial trustee with regard to the administration of his trust by letter signed by the officer of the court, and addressed to the trustee without drawing up any order or formal document.
(4) For the purposes of the attendance at chambers of the judicial trustee or any other person connected with the trust for purposes relating to the administration of the trust the officer of the court may make such appointments as he thinks fit by letter without the service of formal notices.
(5) Any document may be supplied for the use of the court by leaving it with, or sending it by post to, the officer of the court.

29. Fees
(1) The fees mentioned in the schedule to these rules shall be paid in respect of the matters therein mentioned.
(2) The fees paid by a judicial trustee may be deducted out of the income of the trust property unless the court otherwise directs.
(3) Any fees payable under these rules may be remitted by post, and may be so remitted in any manner except by means of postage stamps or coin.
(4) All fees payable under these rules in the High Court, shall, except as provided by these rules, be subject to similar provisions as to payment, account, and application as other fees payable in the High Court. (25 of 1998 s. 2)

30. Definition of officer of the court
In these rules, the expression officer of the court (法院人員) means the Registrar of the High Court.
(25 of 1998 s. 2)

31. Service
Any notice required by these rules to be given or any summons or other document required to be served may be given or served personally or in such other manner as the court may direct.

### Trustee Ordinance 《受託人條例》

1. Short title
This Ordinance may be cited as the Trustee Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
2013 amending Ordinance (《2013年修訂條例》) means the Trust Law (Amendment) Ordinance 2013 (13 of 2013); (Added 13 of 2013 s. 3)
authorized investments (特准投資項目) means investments authorized by the instrument, if any, creating the trust for the investment of money subject to the trust, or by law;
body corporate (法人團體) means a body corporate incorporated or established in Hong Kong or elsewhere; (Added 13 of 2013 s. 3)
contingent right (待確定權利) as applied to land includes a contingent or executory interest, a possibility coupled with an interest, whether the object of the gift or limitation of the interest or possibility is or is not ascertained, also a right of entry, whether immediate or future, and whether vested or contingent; (Amended L.N. 446 of 1994)
convey and conveyance (轉易) as applied to any person include the execution by that person of every necessary or suitable assurance (including an assent) for conveying, assigning, appointing, surrendering, or otherwise transferring or disposing of land whereof he is seized or possessed, or wherein he is entitled to a contingent right, either for his whole estate or for any less estate, together with the performance of all formalities required by law for the validity of the conveyance;
income (收益) includes rents and profits;
instrument (文書) includes enactment;
land (土地) includes land of any tenure, and mines and minerals, whether or not severed from the surface, buildings or parts of buildings, whether the division is horizontal, vertical or made in any other way, and other corporeal hereditaments; also a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land, or an undivided share in land; and in this definition mines and minerals