Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 120

(HK) CHARITABLE TRUSTS

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Appointment
or removal of trustee (O. 120, r. 1)

(HK) Where the appointment or removal of any trustee or any other relief,
order or direction relating to any charity is deemed desirable, any person
mentioned in rule 3 of this Order may make application by summons (without any
information, action or petition) to the Court in chambers for such relief,
order or direction as the nature of the case may require.

2. Powers of Court (O. 120, r. 2)

(HK) The Court may proceed upon and dispose of such application in chambers,
unless it thinks fit otherwise to direct, and shall and may have and exercise
thereupon all jurisdiction, power and authority, and may make such orders and
give such directions relating to the matter of such application, as might now
be exercised, made or given by the Court in an action regularly instituted, or
upon petition as the case may require: Provided that the Court may, where in
the circumstances of any such application it sees fit, direct that, for
obtaining the relief, order or direction sought for by such application, an
information, action or petition, as the case may require, shall be brought or
presented and prosecuted, and abstain from further proceeding on such
application.

3. Applications (O. 120, r. 3)

(HK) An application under rule 1 of this Order may be made by-

   (a)  the Secretary for Justice;

   (b)  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; or

   (c)  in the case of any relief, order or direction sought under section 57A
        of the Trustee Ordinance ( Cap 29), 2 or more persons who have the
        consent in writing of the Secretary for Justice to make the
        application.

(79 of 1997 s. 4; L.N. 362 of 1997)

4. Secretary for Justice to be made party to certain applications (O. 120, r.
4)

(HK) Where an application under rule 1 of this Order is made by any trustee or
person referred to in rule 3(b) of this Order, the Secretary for Justice shall
be made a party to the application unless the Court otherwise orders.

(79 of 1997 s. 4; L.N. 362 of 1997) (L.N. 282 of 1989; L.N. 383 of 1996)