1164
A.D. 1893.
THE HONGKONG GOVERNMENT GAZETTE, 25TH NOVEMBER, 1893.
9. Where the residue does not exceed one hundred pounds, the Secretary of State if he thinks fit, require representation to be taken out; but if he does not, and has may, no notice of a representative of the deceased, then, after the expiration of the prescribed time and the publication of the prescribed notice (if any), the residue shall be disposed exceed one hundred of as follows:
Disposal by Secretary of State of residue where residue does not
pounds, and no representation.
Application of
of.
(1.)
The Secretary of State may, if he thinks fit, pay or apply the residue or any part thereof, in accordance with the prescribed regulations to or for the benefit of any of the persons appearing to be beneficially entitled to the personal estate of the deceased, or any of them, and may for that purpose invest the same by deposit in a military or other savings bank or otherwise, and, if necessary, in the name or names of a trustee or trustees for any such person.
(2.) Any part thereof remaining in the hands of the Secretary of State, and not irrevocably appropriated, shall be applied in paying any debt of the deceased which-
(a) accrued due within three years before the death; and
(b) is claimed from the Secretary of State within two years after
the death; and
(c) is proved by the claimant to the satisfaction of the Secretary
of State.
(3.) Except as above in this section provided, a person shall not be entitled
to obtain payment out or any residue in the hands of the Secretary
State of any sum due from the deceased.
10.--(1.) Where any residue or any part thereof remains undisposed of and residue undisposed unappropriated, the prescribed notice thereof shall be published, and during six years next after the publication of that notice the like notice with any necessary modifications shall be annually published.
Disposal of medals and decorations.
Disposal of effects not money.
Regulations by royal warrant.
Restriction on interposition of official adminis- trators.
(2.) So much of the residue as remains undisposed of and unappropriated for six months after the publication of the last of such notices shall, together with any income or accumulations of income accrued therefrom, be applied in the prescribed manner in or towards the creation or maintenance of such compassionate or other fund for the benefit of widows and children, or other near relatives, of soldiers dying on service, or within six months after discharge, as may be prescribed.
(3.) Provided that the application under this section of any residue, or part of a residue, shall not bar any claim of any person to the same, or any part thereof,
Supplemental Provisions.
11.--Medals and decorations shall not be considered to be comprised in the personal estate of the deceased with reference to the claims of creditors or for any of the purposes of administration under this Act or otherwise; and, notwithstanding anything in this or any other Act, the same, when secured by the committee of adjustment, shall be held and disposed of according to regulations laid down by royal warrant.
12.-Where any part of the personal estate of the deceased consists of effects, securities, or other property not converted into money, the provisions of this Act with respect to paying or remitting the surplus shall, save as may be prescribed, extend to the delivery, transmission, or transfer of such effects, securities, or property, and the paymaster and Secretary of State shall respectively have the same power of converting the same into money as the representative of the deceased.
13.--(1.) Her Majesty the Queen may, by warrant under the royal sign manual, make regulations for all such things as are by this Act directed or authorised to be prescribed or made subject to regulations, and also such regulations as may seem fit for the better execution of this Act, or any part thereof; and may by such regulations make different provisions to meet different cases or different circumstances.
(2.) Every royal warrant made under this Act shall be printed by the Queen's printer, and published under the authority of Her Majesty's Stationery Office, and laid before both Houses of Parliament as soon as may be after the making thereof.
14.--(1.) An official administrator, notwithstanding any law regulating his office independently of this Act, shall not interpose in any manner in relation to any property of a person dying while subject to military law, except in the prescribed cases, or except when and so far as he is expressly required to do so by a committee of adjustment, or paymaster, or Secretary of State.