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THE HONGKONG GOVERNMENT GAZETTE, 5rn DECEMBER, 1896.
Power to apply provisions relating to colonial probates to British Fossession.
Sealing of probate or ad- ministration granted in British Possession,
and effect thereof.
Application of provisions relating to colonial prebates.
Extension of provisions relating to colonial
probates to
probates, etc., granted by British Court in foreign country.
Making of
Peneral rules and orders relating to practice, duties of officers, fees, and records. (No. 8 of 1860, s. 43; No. 9 of
1870, s. 10.)
"Probate Duty" includes any stamp or other duty pay-
able on the value of the estate for which probate or administration is granted:
"British Court in a foreign country
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means any British Court having jurisdiction out of Her Majesty's domi- nions in pursuance of an Order of Her Majesty-in- Council, whether made under any Act of Parliament or otherwise:
"British Possession" includes any part of a British Pos-
session having a separate legislature.
70.-(1.) The Governor-in-Council may, on being satis- fied that the legislature of any British Possession has made adequate provision for the recognition in that Possession of probates and administrations granted by the Court, direct by Order that the provisions of this Part relating to colonial probates shall, subject to any exceptions and modifications specified in the Order, apply to that Possession, and there- upon, while the Order is in force, those provisions shall apply accordingly.
(2.) The Governor-in-Council may by Order revoke or alter any Order previously made under this Ordinance.
(3.) Every such Order-in-Council shall be published in The Gazette.
71.-(1.) Where a Court of Probate in a British Posses- sion to which the provisions of this Part relating to colonial probates apply has granted probate or administration in respect of the estate of a deceased person, the probate or administration so granted may, on being produced to and a copy thereof deposited with the Court, be sealed with the seal of the Court, and thereupon shall be of the like force and effect and have the same operation in the Colony as if granted by the Court.
(2.) Provided that the Court shall, before sealing a pro- bate or administration under this section, be satisfied-
(a.) That probate duty has been paid in respect of so much, if any, of the estate as is liable to probate duty in the Colony; and
(b.) In the case 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 ad- ministration relates;
and the Court may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.
(3.) The Court may also, if it thinks fit, on the applica- tion of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony.
(4.) For the purposes of this section, a duplicate of any probate or administration sealed with the seal of the Court of Probate granting the same, or a copy thereof certified as correct by or under the authority of such Court, shall have the same effect as the original.
(5.) All Ordinances, enactments, and rules of Court for the time being in force in the Colony in relation to probate duty, or in relation to fees and costs in the Court, shall apply to applications for scaling under this section to the same extent and in the same manner as if the person who applies for such sealing were a person applying to the Court for probate or administration.
72. The provisions of this Part relating to colonial pro- bates shall apply to probates and administration granted in a British Possession to which this Ordinance is applied, either before or after the commencement of this Ordinance.
73. The provisions of this Part relating to colonial pro- bates shall extend to authorize the sealing by the Court of any probate or administration granted by a British Court in a foreign country in like manner as they authorize the sealing of a probate or administration granted in a British Possession to which the said provisions apply, and the said provisions shall apply accordingly, with the necessary modifications.
PART VII.
MISCELLANEOUS PROVISIONS.
74.-(1.) The Chief Justice may from time to time make general rules and orders for the following purposes, and may from time to time vary or rescind the same, that is
to say,-**
(a.) For regulating the practice and procedure of the Court, and the several forms of petitions, orders, and other proceedings to be used in the Court;