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Vesting of
estate of
deceased person in Official Administrator.
Re-vesting of property on vacation of office.
Power to take possession of property until grant;
procedure relating to deaths of
nationals of certain foreign States.
(Cap. 267.)
Unlawfully removing property of deceased from
Hong Kong.
Lien on property of deceased person for expenses incurred under section 12.
CAP. 10]
Probate and Administration.
[1971 Ed.
10. Where any person dies, whether in Hong Kong or elsewhere, leaving estate in Hong Kong in respect of which he dies intestate, such estate shall vest in the Official Administrator who may, if he thinks fit, receive and take possession of the same until administration is granted in respect thereof.
11. All property vested in the Official Administrator for the time being by virtue of any grant of administration made to him or any predecessor in office or otherwise shall, on his vacating or otherwise ceasing to hold the office, be deemed to be vested in his successor without any further transfer or conveyance.
12. (1) The Official Administrator may, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, take possession of the movable property of a deceased person which may be found within Hong Kong, and provide for the safe custody thereof until probate of the will of such deceased person or administration of his estate has been granted by the court:
Provided that the Official Administrator may, in lieu thereof if he thinks fit, issue forthwith a commission of appraisement of all or any of such property.
(2) In the case of the death of any person who is the national of a State to which section 3 of the Consular Conventions Ordinance applies or of the United States of America, the Official Administrator shall, as soon as conveniently may be after the fact of such death has come to his knowledge, inform the nearest consular officer of the State of the same.
(3) A consular officer of the United States of America shall have the right to appear, either personally or by delegate, in any proceedings on behalf of the absent heirs or creditors, until they are otherwise represented, of a citizen of the United States of America who dies in Hong Kong.
13. Any person who, without lawful authority or reasonable excuse-
(a) removes or attempts to remove out of Hong Kong any
such property as is mentioned in section 12; or
(b) destroys, conceals, or refuses to yield up any such
property on demand to the Official Administrator,
shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and to imprisonment for six months.
14. The Official Administrator shall have a lien upon all property mentioned in section 12 for the reasonable expenses incurred by him in carrying out the provisions of that section, and such expenses shall also constitute the first charge on the estate of the deceased person, before the payment of debts having priority.
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