### Enduring Powers of Attorney Ordinance 《持久授權書條例》

10. Commencement
(1) Subject to section 4(3), an enduring power commences— (Amended 25 of 2011 s. 4)
(a) where a date or an event is specified in the instrument creating it, for its commencement, on that date or the happening of that event; and
(b) where no such date or event is specified, on its execution.
(2) To avoid doubt, an enduring power does not commence as a power of attorney before it is executed. (Added 25 of 2011 s. 4)
(3) For the purposes of subsections (1)(b) and (2), an enduring power is executed when it is duly signed before the solicitor in compliance with the requirements in section 5. (Added 25 of 2011 s. 4)
(4) Subsections (2) and (3) do not affect any enduring power executed before the commencement date* of the Enduring Powers of Attorney (Amendment) Ordinance 2011 (25 of 2011). (Added 25 of 2011 s. 4)
Editorial Note:
* Commencement date : 3 July 2012.

11. Functions of court in relation to enduring power
(1) The court may on the application of an interested party—
(a) require the attorney under an enduring power to produce records and accounts and make an order for their auditing;
(b) revoke an enduring power or vary an enduring power; or
(c) if satisfied that the interests of the donor of an enduring power so require it, remove the attorney.
(2) The attorney under an enduring power may apply to the court for directions on the meaning and scope of the authority of the power.
(3) The court may relieve the attorney under an enduring power wholly or partly from any liability which he has or may have incurred on account of a breach of his duties as attorney, if it appears to the court that the attorney has acted honestly and reasonably.
(4) The court shall cancel the registration of an instrument creating an enduring power—
(a) where the enduring power has expired or is revoked under section 13;
(b) where it confirms, under section 17, the revocation of the enduring power; or
(c) where the attorney is removed under subsection (1)(c).

### Enduring Powers of Attorney Ordinance 《持久授權書條例》

12. Attorney’s duties and liabilities
(1) The attorney’s duties towards the donor of an enduring power are of a fiduciary nature.
(2) Without limiting the generality of subsection (1), the attorney under an enduring power has a duty—
(a) to exercise his powers honestly and with due diligence;
(b) to keep proper accounts and records;
(c) not to enter into any transaction where a conflict of interest would arise with the donor; and
(d) not to mix the property of the donor with other property.

13. Revocation of enduring power
(1) An enduring power is revoked—
(a) if the donor revokes it when he is mentally capable, or where the donor becomes mentally incapable after the grant and the instrument is registered, if the donor revokes it after his recovery and the court makes an order under subsection (2) confirming the revocation;
(b) on the bankruptcy of the attorney;
(c) if a court makes an order for its revocation under section 11(1)(b) or for the removal of an attorney under section 11(1)(c); 
(d) (Repealed 81 of 1997 s. 59)(e) on the appointment of a committee pursuant to Part II of the Mental Health Ordinance (Cap. 136), if the court gives a direction revoking the enduring power;
(f) on the death of the donor or the attorney; or 
(g) subject to this Ordinance, on any ground on which a power of attorney is revoked at common law.
(2) Where the enduring power is registered, on application made for the purpose, by or on behalf of the donor, the court shall confirm the revocation of the power if satisfied that the donor has done whatever is necessary in law to effect an express revocation of the power and was mentally capable of revoking a power of attorney when he did so.

### Enduring Powers of Attorney Ordinance 《持久授權書條例》

14. Protection where instrument does not create valid enduring power and the power has been revoked by donor’s mental incapacity
(1) The following applies where an instrument is framed in the prescribed form but does not create a valid enduring power (but creates a power of attorney) and the power is revoked by the donor’s supervening mental incapacity (whether or not the instrument has been registered)—
(a) an attorney who acts under the power does not by reason of the revocation incur any liability (either to the donor or to any other person) unless at the time of so acting he knew—
(i) that the instrument did not create a valid enduring power; and 
(ii) that the donor has become mentally incapable;
(b) any transaction between the attorney and any other person, in favour of that person, is as valid as if the power had then been in existence, unless at the time of the transaction that person knew—
(i) that the instrument did not create a valid enduring power; and
(ii) that the donor has become mentally incapable;
(c) where the interest of a particular purchaser depends on whether a transaction between the attorney and any other person was valid by virtue of paragraph (b), it shall be conclusively presumed in favour of the purchaser that the transaction was valid if—
(i) the transaction between that person and the attorney was completed within 12 months of the date on which the instrument came into operation; or 
(ii) that person makes a statutory declaration, before or within 3 months after the completion of the purchase, that he had no reason at the time of the transaction to doubt that the attorney had authority to dispose of the property which was the subject of the transaction.
(2) The following applies for the purposes of this section—
(a) purchaser (購買人) has the meaning assigned to it by section 5(6) of the Powers of Attorney Ordinance (Cap. 31);
(b) section 5(8) of the Powers of Attorney Ordinance (Cap. 31) applies to and in relation to any reference to statutory declaration.