| 单词 | Breach of trust |
| 释义 | 違反信託 Generally, any act by a trustee with reference to the trust property in contravention of the duties imposed on him by the trust, in excess of those duties, and any neglect or omission on his part to fulfil those duties, and the concurrence or acquiescence by one of several trustees in a similar act, neglect or omission on the part of a co-trustee. If the breach of trust entails a loss to the trust estate, then as a general rule the trustee is liable. If a trustee personally makes a profit out of a breach of trust, he is liable to account to the beneficiaries for that profit. Trust money or property which has been wrongfully alienated or converted in breach of trust, or the money or property into which it has been converted, can be followed and recovered so long and so far as it is capable of being identified or disentangled. The liability of a trustee for a breach of trust survives against his personal representative, whether the loss is occasioned by default on his part or by his act, and even if the consequences do not occur until after his death: Halsbury’s Laws of Hong Kong, Vol 27, Wills, Probrate, Administration and Succession [425.877]. See also Beneficiary; Equitable fraud; Knowing assistance; Mingling of trust property; Restitution; Tracing; Trust account; Wilful default. 概況而言，指受託人就有關信託財物作出的行為，包括違反有關信託加諸信託人的責任、超逾該等責任、任何信託人在履行該等責任時的疏忽或不作為、以及憑藉其中一名受託人在類似的行為的同意或默許、共同受託人的疏忽或不作為。如有關的違反信託引起信託產業的損失，則一般的原則是受託人須付上法律責任。如受託人本身從違反信託謀利，則他／她須就該等利潤向有關受益人作出解釋。就違反信託而言，如已錯誤地讓與或轉換的信託款項或財產、或已轉換的款項或財產可予以辯識或解除，則可予追回或追討。無論損失是由受託人的失責或行為所造成的，此外，即使後果在受託人死後才發生，受託人的違反信託的法律責任，仍然可在針對其遺產代理人的情況下存在：Halsbury’s Laws of Hong Kong, 第27冊, 遺囑、遺囑認証、遺產管理與遺產繼承，第 [425.877]段。另見 Beneficiary; Equitable fraud; Knowing assistance; Mingling of trust property; Restitution; Tracing; Trust account; Wilful default。 |
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