178 THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 22, 1907.
DESPATCHES FROM THE SECRETARY OF STATE.
No. 113.
CIRCULAR.
DOWNING STREET,
5th January, 1907.
SIR,With reference to my Predecessor's Circular despatch of the 1st of February, 1901, I have the honour to transmit to you for the information of your Government, and for such publication as may be desirable, a copy of an Order of His Majesty in Council of the 21st of December, 1906, applying the Domicile Act, 1861, in the case of the Convention of April 26th, 1900, between the United Kingdom and Japan for the protection of the Estates of deceased persons.
I have, etc.,
The Officer Administering the Government of
ELGIN.
HONGKONG.
AT THE COURT AT BUCKINGHAM PALACE, THE 21ST DAY OF DECEMBER, 1906.
PRESENT,
THE KING'S MOST EXCELLENT MAJESTY.
LORD PRESIDENT.
MR. HARCOURT.
W
EARL BEAUCHAMP.
LORD TWEEDMOUTH.
LORD JUSTICE BUCKLEY.
SIR ARTHUR KEKEWICH.
SIR CLAUDE MACDONALD.
HEREAS by Section 4 of the Domicile Act, 1861, it is enacted that whenever a Convention shall be made between His Majesty and any Foreign State, whereby His Majesty's Consuls or Vice-Consuls in such Foreign State shall receive the same or the like powers and authorities as are hereinafter expressed, it shall be lawful for His Majesty by Order in Council to direct, and from and after publication of such Order in the London Gazette it shall be and is hereby enacted, that whenever any subject of such Foreign State shall die within the dominions of His Majesty and there shall be no person present at the time of such death who shall be rightfully entitled to administer to the estate of such deceased person, it shall be lawful for the Consul, Vice-Consul, or Consular Agent of such Foreign State within that part of His Majesty's Dominions where such Foreign subject shall die to take possession and have the custody of the personal property of the deceased, and to apply the same in payment of his or her debts and funeral expenses, and to retain the surplus for the benefit of the persons entitled thereto; but such Consul, Vice-Consul, or Consular Agent shall immediately apply for and shall be entitled to obtain from the proper Court letters of administration of the effects of such deceased person, limited in such a nanner and for such time as to such Court shall seem fit.
And whereas a Convention between His Majesty the King and His Majesty the Emperor of Japan was made on the 26th April, 1900, and ratified on the 25th October, 1900, whereby it is provided-
I. That whenever a subject of one of the High Contracting Parties shall die within the dominions of the other and there shall be no person present at the time of such death who shall be rightly entitled to administer the estate of such deceased person, the following Rules shall be observed :-
(1) When the deceased leaves, in the above-named circumstances, heirs of his or
her own nationality only, or who may be qualified to enjoy the civil status of their father or mother, as the case may be, the Consul-General, Consul,