1943
A BILL
INTITULED
[No. 33-4.10.35.-2.]
An Ordinance to amend the Probates Ordinance, 1897.
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Probates Amend- Short title. ment Ordinance, 1935.
2. The Probates Ordinance, 1897, is amended by the Substitution repeal of PART VI thereof and by the substitution therefor of the following:-
for Part VI of Ordinance No. 2 of 1897.
PART VI.
Sealing of Probates and Letters of Administration granted by British Courts outside the Colony.
tion.
66. In this Part, unless the context otherwise requires- "British court in a foreign country" means any British Interpreta- Court having jurisdiction out of His Majesty's dominions in pursuance of an Order in Council, whether made under any Act or otherwise.
"Court of probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate.
"His Majesty's dominions" includes any British pro- tectorate or protected state and any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty.
"Probate" and "Letters of Administration" include confirmation in Scotland, and any instrument having in any other part of His Majesty's dominions the same effect which under English law is given to probate and letters of administra- tion respectively.
"Estate duty" includes any duty payable on the value of the estate and effects for which probate or letters of administra- tion is or are granted.
Sealing of probates and letters of administra- tion granted by British
67. Where a Court of probate in any part of His Majesty's dominions, or a British court in a foreign country, has, either before or after the passing of this Ordinance, granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted Courts may, on being produced to, and a copy thereof deposited Colony. with the Supreme Court, be sealed with the seal of that 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.
outside the