### Trustee Ordinance 《受託人條例》

53. Vesting orders of charity property
The powers conferred by this Ordinance as to vesting orders may be exercised for vesting any interest in land, stock or thing in action in any trustee of a charity or society over which the court would have jurisdiction upon action duly instituted, whether the appointment of the trustee was made by instrument under a power or by the court under its general or statutory jurisdiction.
[cf. 1925 c. 19 s. 52 U.K.]

54. Vesting orders in relation to infant’s beneficial interest
Where an infant is beneficially entitled to any property, the court may, with a view to the application of the capital or income thereof for the maintenance, education or benefit of the infant, make an order—
(a) appointing a person to convey such property; or
(b) in the case of stock, or a thing in action, vesting in any person the right to transfer or call for a transfer of such stock, or to receive the dividends or income thereof, or to sue for and recover such thing in action, upon such terms as the court may think fit.
[cf. 1925 c. 19 s. 53 U.K.]

55. Orders made upon certain allegations to be conclusive evidence
Where a vesting order is made as to any land under this Ordinance founded on an allegation of any of the following matters namely—
(a) the personal incapacity of a trustee or mortgagee; or
(b) that a trustee or mortgagee or the personal representative of or other person deriving title under a trustee or mortgagee is out of the jurisdiction of the court or cannot be found, or being a corporation has been dissolved; or
(c) that it is uncertain which of 2 or more trustees, or which of 2 or more persons interested in a mortgage, was the survivor; or
(d) that it is uncertain whether the last trustee or the personal representative of or other person deriving title under a trustee or mortgagee, or the last surviving person interested in a mortgage is living or dead; or
(e) that any trustee or mortgagee has died intestate without leaving a person beneficially interested under the intestacy or has died and it is not known who is his personal representative or the person interested,
the fact that the order has been so made shall be conclusive evidence of the matter so alleged in any court upon any question as to the validity of the order; but this section does not prevent the court from directing a reconveyance or surrender or the payment of costs occasioned by any such order if improperly obtained.
[cf. 1925 c. 19 s. 55 U.K.]

### Trustee Ordinance 《受託人條例》

56. Power of court to authorize dealing with trust property
(1) Where in the management or administration of any property vested in trustees, any sale, lease, mortgage, surrender, release, or other disposition, or any purchase, investment, acquisition, expenditure, or other transaction, is in the opinion of the court expedient, but the same cannot be effected by reason of the absence of any power for that purpose vested in the trustees by the trust instrument, if any, or by law, the court may by order confer upon the trustees, either generally or in any particular instance, the necessary power for the purpose, on such terms, and subject to such provisions and conditions, if any, as the court may think fit and may direct in what manner any money authorized to be expended, and the costs of any transaction, are to be paid or borne as between capital and income.
(2) The court may, from time to time, rescind or vary any order under this section, or may make any new or further order.
(3) An application to the court under this section may be made by the trustees, or by any of them, or by any person beneficially interested under the trust.
[cf. 1925 c. 19 s. 57 U.K.]

57. Persons entitled to apply for orders
(1) An order under this Ordinance for the appointment of a new trustee or concerning any interest in land, stock, or thing in action subject to a trust, may be made on the application of any person beneficially interested in the land, stock, or thing in action, whether under disability or not, or on the application of any person duly appointed trustee thereof.
(2) An order under this Ordinance concerning any interest in land, stock, or thing in action subject to a mortgage may be made on the application of any person beneficially interested in the equity of redemption, whether under disability or not, or of any person interested in the money secured by the mortgage.
[cf. 1925 c. 19 s. 58 U.K.]

### Trustee Ordinance 《受託人條例》

57A. Charitable trusts
Without prejudice to the generality of sections 56 and 57, the court may provide such relief, make such order, or give such direction, as it thinks just relating to a charitable trust upon an application made to it—
(a) by—
(i) 2 or more persons who have the consent in writing of the Secretary for Justice to make the application;
(ii) the Secretary for Justice; or
(iii) all or any one or more of the trustees or persons administering the trust, or persons claiming to administer the trust, or persons otherwise interested in the trust; and (Amended L.N. 362 of 1997)
(b) either—
(i) complaining of a breach of the trust or supposed breach of the trust; or
(ii) for the purposes of the better administration of the trust.
(Added 79 of 1997 s. 3)

58. Power to give judgment in absence of a trustee
Where in any action the court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve him with a process of the court, and that he cannot be found, the court may hear and determine the action and give judgment therein against that person in his character of a trustee as if he had been duly served, or had entered an appearance in the action, and had also appeared by his solicitor at the hearing, but without prejudice to any interest he may have in the matters in question in the action in any other character.
[cf. 1925 c. 19 s. 59 U.K.]

59. Power to charge costs on trust estate
The court may order the costs and expenses of and incident to any application for an order appointing a new trustee, or for a vesting order, or of and incident to any such order, or any conveyance or transfer in pursuance thereof, to be raised and paid out of the property in respect whereof the same is made, or out of the income thereof, or to be borne and paid in such manner and by such persons as to the court may seem just.
[cf. 1925 c. 19 s. 60 U.K.]