Trustee Ordinance

(1)
Subject to subsection (2
)—
(a)
subsections (3) and (4) apply to a trustee
who—
(i)
is a trust corporation; or
(ii)
is not a trust corporation, but is acting in a professional capacity as a trustee of a non-charitable trust; and
(b)
subsections (3) and (4) apply to a
trustee—
(i)
if the trustee is not a trust corporation, but is acting in a professional capacity as a trustee, other than the sole trustee, of a charitable trust; but
(ii)
only to the extent to which a majority of the other trustees of the charitable trust have agreed that those subsections apply to the trustee, subject to any inconsistent provision in the instrument creating the trust or an enactment.
(2)
Subsections (3) and (4) apply to a
trustee—
(a)
only if there is a provision in the instrument creating the trust or an enactment entitling the trustee to receive payment out of trust funds for services provided by the trustee to, or on behalf of, the trust; and
(b)
except to the extent to which any inconsistent provision is made in the instrument creating the trust or an enactment.
(3)
A trustee is to be treated as being entitled under the instrument creating the trust to receive payment for services provided even if the services are capable of being provided by a lay trustee.
(4)
Any payment to which a trustee is entitled for services provided is to be treated as remuneration for services (but not as a disposition of property) for the purposes of
section 10
of the Wills Ordinance (
Cap. 30
) (avoidance of gifts to attesting witnesses and their spouses).