### Trustee Ordinance 《受託人條例》

43. Power to authorize remuneration
Where the court appoints a corporation to be a trustee either solely or jointly with another person, the court may authorize the corporation to charge such remuneration for its services as trustee as the court may think fit.
(Amended 25 of 1998 s. 2)[cf. 1925 c. 19 s. 42 U.K.]

44. Powers of new trustee appointed by court
Every trustee appointed by a court of competent jurisdiction shall, as well before as after the trust property becomes by law, or by assurance, or otherwise, vested in him, have the same powers, authorities, and discretions, and may in all respects act as if he had been originally appointed a trustee by the instrument, if any, creating the trust.
[cf. 1925 c. 19 s. 43 U.K.]

45. Vesting orders of land
In any of the following cases, namely—
(a) where the court appoints or has appointed a trustee, or where a trustee has been appointed out of court under any statutory or express power;
(b) where a trustee entitled to or possessed of any land or interest therein, whether by way of mortgage or otherwise, or entitled to a contingent right therein, either solely or jointly with any other person—
(i) is under disability; or
(ii) is out of the jurisdiction of the court; or
(iii) cannot be found, or, being a corporation, has been dissolved;
(c) where it is uncertain who was the survivor of 2 or more trustees jointly entitled to or possessed of any interest in land;
(d) where it is uncertain whether the last trustee known to have been entitled to or possessed of any interest in land is living or dead;
(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;
(f) where a trustee jointly or solely entitled to or possessed of any interest in land, or entitled to a contingent right therein, has been required, by or on behalf of a person entitled to require a conveyance of the land or interest or a release of the right, to convey the land or interest or to release the right, and has wilfully refused or neglected to convey the land or interest or release the right for 28 days after the date of the requirement;
(g) where land or any interest therein is vested in a trustee whether by way of mortgage or otherwise, and it appears to the court to be expedient,
the court may make an order (in this Ordinance called a vesting order

### Trustee Ordinance 《受託人條例》

46. Orders as to contingent rights of unborn persons
Where any interest in land is subject to a contingent right in an unborn person or class of unborn persons who, on coming into existence would, in respect thereof, become entitled to or possessed of that interest on any trust, the court may make an order releasing the land or interest therein from the contingent right, or may make an order vesting in any person the estate or interest to or of which the unborn person or class of unborn persons would, on coming into existence, be entitled or possessed in the land.
[cf. 1925 c. 19 s. 45 U.K.]

47. Vesting order in place of conveyance by infant mortgagee
Where any person entitled to or possessed of any interest in land, or entitled to a contingent right in land, by way of security for money, is an infant, the court may make an order vesting or releasing or disposing of the interest in the land or the right in like manner as in the case of a trustee under disability.
[cf. 1925 c. 19 s. 46 U.K.]

48. Vesting order consequential on order for sale or mortgage of land
Where any court gives a judgment or makes an order directing the sale or mortgage of any land, every person who is entitled to or possessed of any interest in the land, or entitled to a contingent right therein, and is a party to the action or proceeding in which the judgment or order is given or made or is otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee for the purposes of this Ordinance, and the court may, if it thinks expedient, make an order vesting the land or any part thereof for such estate or interest as the court thinks fit in the purchaser or mortgagee or in any other person.
[cf. 1925 c. 19 s. 47 U.K.]

### Trustee Ordinance 《受託人條例》

49. Vesting order consequential on judgment for specific performance, etc.
Where a judgment is given for the specific performance of a contract concerning any interest in land, or for sale or exchange of any interest in land, or generally where any judgment is given for the conveyance of any interest in land either in cases arising out of the doctrine of election or otherwise, the court may declare—
(a) that any of the parties to the action are trustees of any interest in the land or any part thereof within the meaning of this Ordinance; or
(b) that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any deceased person who was during his lifetime a party to the contract or transaction concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of this Ordinance,
and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees.
[cf. 1925 c. 19 s. 48 U.K.]

50. Effect of vesting order
A vesting order under any of the foregoing provisions shall in the case of a vesting order consequential on the appointment of a trustee, have the same effect—
(a) as if the persons who before the appointment were the trustees, if any, had duly executed all proper conveyances of the land for such estate or interest as the court directs; or
(b) if there is no such person, or no such person of full capacity, as if such person had existed and been of full capacity and had duly executed all proper conveyances of the land for such estate or interest as the court directs,
and shall in every other case have the same effect as if the trustee, or other person or description or class of persons to whose rights or supposed rights the said provisions respectively relate had been an ascertained and existing person of full capacity, and had executed a conveyance or release to the effect intended by the order.
[cf. 1925 c. 19 s. 49 U.K.]

51. Power to appoint person to convey
In all cases where a vesting order can be made under any of the foregoing provisions, the court may, if it is more convenient, appoint a person to convey the land or any interest therein or release the contingent right, and a conveyance or release by that person in conformity with the order shall have the same effect as an order under the appropriate provision.
[cf. 1925 c. 19 s. 50 U.K.]