THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 6, 1935.

letters of

by British

67. Where a Court of probate in any part of His Sealing of Majesty's dominions, or a British court in a foreign country, probates and has, either before or after the passing of this Ordinance, administra- granted probate or letters of administration in respect of the tion granted estate of a deceased person, the probate or letters so granted conris may, on being produced to, and a copy thereof deposited outside the with the Supreme Court, be sealed with the seal of that Colony. court, and thereupon shall be of the like force and effect, and have the same operation in the Colony as if granted by that

court.

68. The Court shall, before sealing a probate or letters Conditions of administration under this Part, be satisfied:

to be fulfilled before

(a) that estate duty has been paid in respect of so much, sealing. if any, of the estate as is liable to estate duty in the Colony; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property, if any, in the Colony to which the letters of administration relate;

and may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

{

of debts.

69. The Court may also, if it thinks fit, on the application Security of any creditor, require, before sealing, that adequate security for payment be given for the payment of debts due from the estate to creditors residing in the Colony.

admissible.

70. For the purposes of this Part, a duplicate of any Duplicate probate or letters of administration scaled with the sea of or copy the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.

under this

55 & 56 Vict. c. 6,

s. 2 (5).

71. The power conferred on the Chief Justice by section Rules as to 74 of this Ordinance to make general rules and orders, practice subject to the approval of the Legislative Council, for regulat- Part. ing the procedure and practice, including fees and costs, in the Supreme Court on and incidental to applications for grants of probate or letters of administration in this Colony shall apply to applications for sealing under this Part, and subject to any exceptions and modifications made by such rules and orders, the enactments for the time being in force in relation to Estate duty (including the penal provisions thereof) shall apply as if the person who applies for sealing under this Part were applying for probate or letters of administration.

Passed the Legislative Council of Hong Kong, this 5th day of December, 1935.

1153

H. R. BUTTERS,

Deputy Clerk of Councils.

Share This Page