### Trustee Ordinance 《受託人條例》

100. Restriction on holding shares in a trust company
(1) No member of a trust company shall at any time hold shares in the capital of the company to an amount exceeding one-fifth of the issued capital of the company for the time being. 
(2) Subsection (1) does not apply to a trust company that is the subsidiary of a bank within the meaning of section 2 of the Banking Ordinance (Cap. 155). (Added 23 of 1975 s. 6. Amended 49 of 1995 s. 53)
(3) For the purposes of subsection (2) of this section, section 15 of the Companies Ordinance (Cap. 622) applies as if a reference in that section to “a body corporate” were read as a reference to a trust company and as if the reference in that section to “another body corporate” or “other body corporate” were read as a reference to a bank within the meaning of section 2 of the Banking Ordinance (Cap. 155). (Added 23 of 1975 s. 6. Amended 49 of 1995 s. 53; 28 of 2012 ss. 912 & 920)
(Amended 27 of 1986 s. 149)

101. Voluntary winding-up or disposal may be restrained
So long as any estate in respect of which a trust company is trustee shall remain in whole or in part unadministered, it shall not be lawful to proceed to wind up the company voluntarily, unless with the sanction of the court, and it shall be lawful for any person interested in such estate, or who may have any claim in respect thereof, to apply to the court in a summary way by motion to restrain any director or any shareholder from disposing of any shares which such director or shareholder may hold in the company or to restrain the winding up voluntarily of the company; and the court shall have power to make such order as it deems just.

102. Liability and powers of trust company
Subject to the provisions of this Part, the liability of every trust company to the person or persons interested in any estate held by the company as executor, administrator, trustee, receiver, liquidator, assignee, guardian or committee or in any other official or business capacity shall be the same as if the estate had been held by a private person in the like capacity; and the powers of the company shall be the same as those of a private person in the like capacity.

### Trustee Ordinance 《受託人條例》

103. Registration of a trust company as shareholder, etc. not notice of trust
Neither the application by a trust company for registration as a member or shareholder in the books of any company or corporation nor the entry of the name of a trust company in the books of any company or corporation shall constitute notice of trust, and no company or corporation shall be entitled to object to enter the name of a trust company on its books by reason only that the company may be or is a trustee, and, in dealings with property, the fact that the person or one of the persons dealt with is a trust company shall not of itself constitute notice of a trust.

104. Unclaimed money to be paid into court
All money and securities which shall remain in the hands of a trust company, as trustee, unclaimed by the person entitled to the same for a period of 6 years after the time when the same shall have become payable to such person (except where payment has been restrained by order of a court of competent jurisdiction), together with such interest, if any, as shall have been received by the company in respect thereof, less any commission or other charges properly chargeable by the company, shall be paid by the company into court under and in accordance with section 62:
Provided that it shall not be necessary for the company to comply with the provisions of this section more often than once in any year nor shall it be necessary for the company to obtain the concurrence or consent of any person to such payment into court.

105. Fees payable by trust companies
(1) There shall be paid by every trust company to the Registrar of Companies, in respect of the matters mentioned in Schedule 1, the several fees specified therein. (Amended 48 of 1968 s. 5)
(2) All such fees shall be paid by the Registrar of Companies into the Treasury.
(3) It shall be lawful for the Chief Executive from time to time, by notification in the Gazette, to add to or alter Schedule 1. (Amended 48 of 1968 s. 5; 72 of 1973 s. 2; 18 of 1999 s. 3)
(Amended E.R. 2 of 2014)

### Trustee Ordinance 《受託人條例》

106. Registration of certain banking corporations as trust companies
(1)  Notwithstanding the foregoing, any company lawfully carrying on banking business in Hong Kong and having a capital (in stock or shares) for the time being issued of not less than $4,000,000 (of which not less than $1,600,000 shall have been paid up in cash) may with the consent of the Chief Executive be registered as a trust company:
Provided that the Chief Executive shall not give such consent unless he is satisfied that the extent and nature of the company’s business in Hong Kong is sufficient to justify such special registration. (Amended 9 of 1993 s. 7) 
(2) Consent of the Chief Executive under subsection (1) shall be notified to the Registrar of Companies who shall register the company in the register prescribed by section 79, issue to it a certificate that the company is registered as a trust company, and publish notice thereof in the Gazette for 4 consecutive weeks next following such issue.
(3) The provisions of sections 77, 78, 80, 81, 91, 92, 93, 96 and 100 shall not apply to such company or to such registration, but subject to such exceptions and to the provisions of the succeeding section the said company shall be invested with all the powers, privileges and immunities and shall be subject to all the liabilities imposed by this Part.
(Replaced 24 of 1950 Schedule. Amended 72 of 1973 s. 2; 18 of 1999 s. 3)

107. Limitation of powers of inspectors under section 95
The powers of investigation conferred upon inspectors under section 95 shall in the case of a corporation registered as a trust company under section 106 be limited to the trust business of the corporation.
(Added 17 of 1939 s. 2)

108. Striking off trust company registered under section 106
On application made by the Secretary of Justice the court may order that any corporation registered under the provisions of section 106 as a trust company shall be struck off the register of trust companies if it ceases to be qualified for registration under that section or if from the consideration of the report of an inspector appointed under section 95 it appears that the corporation has committed a breach of trust, and the court may appoint a new trustee, or new trustees, for any trust property held by the corporation.
(Added 17 of 1939 s. 2. Amended L.N. 362 of 1997)