### Trustee Ordinance 《受託人條例》

91. Investment of trust company’s own funds
(1) A trust company may invest moneys forming part of its own capital or reserve or accumulated profits—
(a) in or upon any securities in or upon which private trustees may by law invest trust moneys; and
(b) in or upon such other securities as the Financial Secretary may from time to time approve. (Amended 9 of 1993 s. 4)
(2) A trust company may acquire and hold immovable property for the actual use and occupation of itself or of any of its officers or servants and may sell and dispose of the same. 
(3) A trust company may, for the protection of its investments, acquire land which has been mortgaged to it, but shall sell any land so acquired within 3 years after the acquisition thereof, unless such time is extended by the Financial Secretary. (Amended 9 of 1993 s. 4) 
(4) No trust company shall directly or indirectly invest any of its moneys otherwise than in accordance with subsections (1), (2) and (3):
Provided that nothing in this section shall be deemed to prevent the acceptance by a trust company of any securities whatsoever to secure the payment of a debt previously contracted in good faith; but any security so acquired by the company which it would otherwise be prohibited from taking or holding shall, within 2 years from the time of its acquisition, or within such further time as may be allowed by the Registrar of Companies, be sold or disposed of.

92. Loans to trust company officers, etc. prohibited
No loan shall be made by any trust company to any director or other officer or servant thereof or to any company or firm in the management of which any such director or other officer or servant is actively engaged. If any loan is made in contravention of this section, all directors and officers of the company who made the loan or assented thereto shall be jointly and severally liable to the company for the amount thereof with interest.

93. Borrowing
(1) For the purpose of attaining the objects of the company as set out in section 81 (or such of them as the company may have adopted), and for no other purpose, a trust company may from time to time borrow money provided that the aggregate of the sums of money borrowed shall at no time exceed the amount of the company’s capital for the time being paid up.
(2) Moneys borrowed by a trust company shall not be secured, by debenture or otherwise, on its capital or general undertaking, but may be secured on any of the company’s property (not being property held by it on any trust), other than the securities deposited by it with the Director of Accounting Services under the provisions of this Part. (Amended 9 of 1950 Schedule; L.N. 16 of 1977)

### Trustee Ordinance 《受託人條例》

95. Investigation by inspector
(1) The Financial Secretary may at any time appoint an inspector to investigate the affairs and management of any trust company if it appears to the Financial Secretary that there are circumstances suggesting—
(a) that the trust company has committed a breach of trust;
(b) that the business of the trust company has been or is being conducted with intent to defraud its creditors or the creditors of any other person or otherwise for a fraudulent or unlawful purpose or in a manner oppressive of any part of its members or that it was formed for any fraudulent or unlawful purpose;
(c) that persons concerned with its formation or the management of its affairs have in connection therewith been guilty of fraud, misfeasance or other misconduct towards it or towards its members;
(d) that its members have not been given all the information with respect to its affairs that they might reasonably expect;
(e) that it is insolvent; or
(f) that it has failed to comply with any of the requirements of this Part. (Replaced 9 of 1993 s. 5)
(1A) The Financial Secretary may give directions as to the manner in which and the extent to which an investigation under subsection (1) shall be conducted. (Added 9 of 1993 s. 5)
(2) It shall be the duty of all officers and servants of the company to produce for examination by the inspector all books, accounts, vouchers and other documents in their custody or control in relation to matters under investigation, and to answer truly all inquiries addressed to them by the inspector respecting any matter affecting the affairs of the company.
(3) The inspector shall make a report of his investigation to the Financial Secretary. 
(4) All expenses of and incidental to any such investigation shall be paid by the company, if the Financial Secretary so directs. 
(Amended 9 of 1993 s. 5)

### Trustee Ordinance 《受託人條例》

96. Special provision as to winding up a trust company
(1) The court may order the winding up of a trust company in accordance with the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32), and the provisions of that Ordinance shall apply accordingly subject however to the modification that the company may also be ordered to be wound up on application made by the Secretary for Justice if— (Amended L.N. 362 of 1997; 28 of 2012 ss. 912 & 920)
(a) the company has made default in complying with a requirement of this Part and such default has continued for a period of 2 months after notice of default has been served upon the company; or
(b) from the consideration of the report of an inspector appointed under section 95 it appears that the company has committed a breach of trust.
(2) Upon the winding up of a trust company every person who has been a director of the company at any time within the period of 2 years immediately preceding the commencement of the winding up shall be liable for the balance unpaid on every share which he may have transferred during such 2 years.

97. Personal liability of officers of a trust company
Where a trust company holds the office of executor, administrator or trustee, every person employed by the company to discharge any of the duties of such office shall, in respect of the duties entrusted to him, be personally responsible to the court and be subject to the process of the court, as though he had been personally appointed to such office.

### Trustee Ordinance 《受託人條例》

98. Offences
(1) Any director, officer or servant of a trust company who wilfully and with intent to defraud neglects to make any entry in the books of the company which it is his duty to make shall be guilty of an offence triable upon indictment.
(2) Any director, officer or servant of a trust company, who wilfully and with intent to defraud makes or abets the making of any false entry in the books of the company, or subscribes or exhibits any false document with intent to deceive any person appointed under this Part to investigate the affairs and management of the company shall be guilty of an offence triable upon indictment.
(3) Any director, officer or servant of a trust company who refuses to produce for examination to any person appointed under this Part to investigate the affairs and management of the company all books and documents relevant to such investigation which are in his custody or control shall be guilty of an offence triable upon indictment.
(4) A trust company which contravenes section 77(4), (4A) or (4B), 81(3), 91(4), 92 or 93 commits an offence and is liable on conviction to a fine at level 4 and if the offence is continued after conviction the trust company commits a further offence and is liable on conviction to a fine of $1,000 for every day or part of a day on which the offence is so continued. (Added 9 of 1993 s. 6)
(Amended 23 of 1975 s. 5; 50 of 1991 s. 4; E.R. 2 of 2014)

99. Not to be guardian or committee
No trust company shall be appointed to be guardian of the person of an infant or committee of the person of a lunatic.