Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 27

Power to delegate trusts

(1) Notwithstanding any rule of law or equity to the contrary, a trustee may,
by power of attorney, delegate for a period not exceeding 12 months the
execution or exercise of all or any of the trusts, powers and discretions
vested in him as trustee either alone or jointly with any other person or
persons.

(2) The persons who may be donees of a power of attorney under this section
include a trust corporation but not (unless a trust corporation) the only
other co-trustee of the donor of the power.

(3) An instrument creating a power of attorney under this section shall be
attested by at least one witness.

(4) Before or within 7 days after giving a power of attorney under this
section the donor shall give written notice thereof (specifying the date on
which the power comes into operation and its duration, the donee of the power,
the reason why the power is given and, where some only are delegated, the
trusts, powers and discretions delegated) to-

   (a)  each person (other than himself) if any, who under any instrument
        creating the trust has power (whether alone or jointly) to appoint a
        new trustee; and

   (b)  each of the other trustees, if any, but failure to comply with this
        subsection shall not, in favour of a person dealing with the donee of
        the power, invalidate any act done or instrument executed by the
        donee.

(5) The donor of a power of attorney given under this section shall be liable
for acts or defaults of the donee in the same manner as if they were the acts
or defaults of the donor.

(6) For the purpose of executing or exercising the trusts or powers delegated
to him, the donee may exercise any of the powers conferred on the donor as
trustee by statute or by the instrument creating the trust, including power,
for the purpose of the transfer of any inscribed stock, himself to delegate to
an attorney power to transfer but not including the power of delegation
conferred by this section.

(7) The fact that it appears from any power of attorney given under this
section, or from any evidence required for the purposes of any such power of
attorney or otherwise, that in dealing with any stock the donee of the power
is acting in the execution of a trust shall not be deemed for any purpose to
affect any person in whose books the stock is inscribed or registered with any
notice of the trust.

(8) This section applies-

   (a)  to a personal representative as it applies to a trustee except that
        subsection (4) shall apply as if it required notice there mentioned to
        be given to each of the other personal representatives, if any, except
        any executor who has renounced probate;

   (b)  whenever the trusts, powers or discretions in question arose.
        (Replaced 51 of 1972 s. 8) [cf. 1971 c. 27 s. 9 U.K.; cf. 1925 c.19 s.
        25 U.K.]