Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 27A

Validation of appointments where objects are excluded or take illusory shares

(1) An appointment made in exercise of a power to appoint property among 2 or
more objects-

   (a)  shall not be invalid on the ground that-

        (i)    an unsubstantial, illusory or nominal share only is appointed
               to or left unappointed to devolve upon any 1 or more of those
               objects; or

        (ii)   any object of the power is thereby altogether excluded;

   (b)  shall be valid notwithstanding that any 1 or more of those objects is
        not thereby, or in default of appointment, to take any share in the
        property.

(2) Subsection (1) shall not operate to affect any provision-

   (a)  in the instrument which creates the power referred to in that
        subsection; and

   (b)  which declares the amount of any share from which any object referred
        to in that subsection is not to be excluded. (Added 79 of 1997 s. 2)