Question:
Compare and contrast the laws relating to the validity of trustees’ exemption clauses before and after the coming into force of the Trust Law (Amendment) Ordinance 2013 (Ord. No. 13 of 2013).
The Trustee Ordinance (Cap 29) (TO) and Accumulation Ordinance (Cap 257) (PAO) which were enacted in 1934 and 1970 respectively, was reformed into The Hong Kong Legislative Council passed the Trust Law (Amendment) Bill on 17 July 2013 and enacted from 1, December, 2013.
The trust ordinance refers to a relationship created at the direction of an individual, in which one or more persons hold the individual's property subject to certain duties to use and protect it for the benefit of others. Individuals may control the distribution of their property during their
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The ordinance after reformed provides a degree of protection to beneficiaries in such exemption clauses may not create a trustee from liability for fraud, misconduct or gross negligence or otherwise such clauses will be void. The problem of the initial Trust Ordinance is that the Trust duties are obligations contained in the trust instrument or imposed by law, which must be carried out by the trustees. If the trustees fail to carry out their duties, it will be counted as a breach of trust and the trust beneficiaries (subject to the existence of an exemption clause) may take action to recover any loss caused to the trust by the trustees’ failure. The relatively unrestricted nature of trustees’ liability for breach of trust has resulted in the use of common form clauses in trust instruments which exclude or restrict that liability. This terms of such clauses in early trust instruments were fairly narrow and they were strictly construed against
Additionally, the act allows for the establishment of
For starters, the American Revolution was waged as a war of last resort because the colonists could not execute any more plans to make truce with Britain peacefully. The principle of last resort states that a war can only be waged after all the peaceful options are considered and force must be conducted as the last alternative. In the “Olive Branch Petition”, John Dickinson, a representative of the colonists wrote: “We therefore beseech your Majesty, that your royal authority and influence may be graciously interposed to procure us relief from our afflicting fears and jealousies, occasioned by the system before-mentioned, and to settle peace through every part of our Dominions, with all humility submitting to your Majesty’s wise consideration, whether it may not be expedient, for facilitating those important purposes, that your Majesty be pleased to direct some mode, by which the united applications of your faithful Colonists to the Throne, in pursuance of their common counsels, may be improved into a happy and permanent reconciliation; and that, in the mean time, measures may be taken for preventing the further destruction of the lives of your Majesty’s subjects; and that such statutes as more immediately distress any of your Majesty’s Colonies may be repealed.” (Dickinson, John). As inscribed in the “Olive Branch Petition” the colonists’ will was not to detach from Great Britain but to maintain union and peace.
The Iroquois Constitution is a political document which the mystic and prophet Dekanawidah, someone who travelled from village to village to urge their residents to stop fighting and join together, establishes the Iroquois Confederacy. The document was originally, not a document at all. The Iroquois were bound together by the Great Binding Law (or Great Law of Peace), which was an oral recitation passed down from generation to generation. The memories of these speeches were recorded in wampum shells, which allowed the Iroquois Constitution to be written down in the nineteenth century. Through the translation that is provided by Arthur C. Parker, it can be inferred that the Iroquois had very close-knit ties with the flora and fauna that surrounded
The 13th Amendment The 13th Amendment to the United States Constitution abolished slavery and involuntary servitude, unless if it is punishment for committing a crime. The Amendment was passed on January 31, 1865. This Amendment has changed not only the lives of the slaves, or the slave owners, but the people of their future; the people of today’s society. The 13th amendment not only stopped slavery, but started a new type of slavery; the slavery of education.
The earliest of the colony 's is Virginia by its first charter, under the supreme government of a council residing in England and appointed by the king, who appointed a council of members of the colony, for its local administration. Then all executive and legislative powers were directly controlled by the king, and no rights of self-government were granted the people. In 1621 a written constitution was granted to the colony by the company, which ratified the arrangement made by Yeardley and added to it the highly-important provision that no orders of the company in England should have binding force upon the colony until ratified by the Assembly In 1621 a written constitution was granted to the colony by the company, which ratified the arrangement
Following the framing of the constitution and the conclusion of the constitutional convention, political debate quickly developed as the ratification process began. As state representatives returned to their states, the press had already began shaping public opinion with the dispersion of the Federalist and Anti-Federalist papers. Federalists such as Alexander Hamilton and James Madison, and Anti-Federalists such as George Mason, Thomas Paine and George Clinton wrote with the intention of influencing the opinions of the American populace and the state legislatures charged with ratifying the constitution. These factions created the first instance of political parties, and the compromise between the two during the debate of ratification had a great influence on the American constitution. A primary
After declaring independence from Great Britain, the United States needed an established document to help unify the colonies. The Articles of Confederation was the first documented “Constitution” the Unites States ever had. The Articles of confederation was created to push for the individual states to come together and act as a one. Almost being like a rough draft, this document was a loose outline for the federal government that was meant to help defend the country from foreign attacks and promote economic growth. The weak document led to the eventual ratification that allowed the nation to adopt the new and improved Constitution.
In the year of 1865, the 13th Amendment was passed by Congress. This Amendment formally abolished slavery within the United states. This ratification was the final consent to considering the Three-Fifths compromise obsolete; A compromise that was relevant for many years reforming the idea of how the slave count should be considered into the population of the United States. Not only did this Amendment shatter the idea of giving slave three-fifths of a count toward the population, this was the first formal movement towards giving slaves an identity.
The 13th Amendment states, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction.” In 1863, many people in the Northeast were beginning to believe that slavery was an unjust moral, and some were suggesting abolition. When the current president Abraham Lincoln realized this uprising was occuring, he decided to release his idea to the public, known as the Emancipation Proclamation. This was to try to avoid war.
How does the constitution guard against tyranny? The constitution guards against tyranny because of the power being shared, government branches, and checks and balances. I know this because of the documents in the DBQ I also knew it from the questions based on what I read. First of all, the power is shared. This can guard against tyranny because when one person gains too much power, then tyranny is almost guaranteed because there would not be an easy way to stop them from doing only what they desire.
All throughout history the largest and most successful nations, empires, and dynasties have thrived due to one main point: their foundation. Just as the Romans had their own constitution as a basis for the moral code of laws and infrastructure based on one document, the United States has their very own constitution. Consisting of a total of 27 amendments, 10 original and 17 later added, America has relied on this document and its various functions as a basis for running and maintaining the country for years on end. The constitution acts in the way of a parent or parents to a young child. The child appreciates and sees what his or her guardians does for them, but does not truly realize how each aspect of their daily lives is heavily influenced
The new constitution, a document granting the framework for a new democratic government, replacing the Articles of the Confederation. This new document gained approval from some of the citizens, but also raised questions and concerns from others. There was a constant back and forth between the two groups on whether or not the constitution should be ratified. This editorial provides historical background on the issue and expresses my opinion on which side I would’ve chosen.
One of the few things that needs recognition is the Declaration of Independence and our 14th Amendment. After earning our independence, slavery and segregation occurred. For almost a century, whites treated African Americans unfairly until the 13th Amendment passed, the amendment to abolish slavery. Our whole country was in chaos for many years due to unfairness and racism. We all wouldn’t be have our rights today if it wasn’t for the 14th Amendment.
In 1765 March 22, The Stamp Act began. It was when American colonists were taxed on any kind of paper product. Such as ship’s paper, legal documents, licenses, newspapers, other publications, and even playing cards were taxed. All of the money that was taxed was used to pay the costs of defending and protecting the American frontier near the Appalachians Mountains. Although this act was unpopular among the colonists.
In case the police are called to the scene in light of the fact that a women is being assaulted, they must make an arrest on the off chance that they have reasonable justification to acknowledge a family offense wrongdoing or a wrongdoing has been executed against her. To focus reasonable justification, police will investigate regardless of whether there is proof, for instance, wounds, torn dress, toppled furniture, witnesses to the brutality, and so forth. What 's more, the police must make an arrest if a stay away request of assurance has been disregarded or if a family offense has been committed in violation of an order of protection. The police are not needed to make an arrest if there is reasonable justification to accept a violation level wrongdoing, for example, harassment or disorderly conduct was committed.