Hong Kong Ordinances

TRUSTEE ORDINANCE - SECT 49

Vesting order consequential on judgment for specific performance, etc.

Where a judgment is given for the specific performance of a contract
concerning any interest in land, or for sale or exchange of any interest in
land, or generally where any judgment is given for the conveyance of any
interest in land either in cases arising out of the doctrine of election or
otherwise, the court may declare-

   (a)  that any of the parties to the action are trustees of any interest in
        the land or any part thereof within the meaning of this Ordinance; or

   (b)  that the interests of unborn persons who might claim under any party
        to the action, or under the will or voluntary settlement of any
        deceased person who was during his lifetime a party to the contract or
        transaction concerning which the judgment is given, are the interests
        of persons who, on coming into existence, would be trustees within the
        meaning of this Ordinance, and thereupon the court may make a vesting
        order relating to the rights of those persons, born and unborn, as if
        they had been trustees. [cf. 1925 c.19 s.48 U.K.]