456
Transfer of unclaimed intestate estate to Treasury.
Interest on certain unclaimed balances.
Transfer of unclaimed moneys in the Supreme Court.
Application for refund of money transferred.
Rule as to moral claims.
No. 1.] THE ORDINANCES OF HONGKONG : [A.D. 1885.
5. After five years from the date of the decease of any such person dying intestate, the Official Administrator shall pay the unclaimed balance of such person's estate into the Colonial Treasury, and the Governor may direct that it be appropriated for the general purposes of the Colony: Provided that, before such direction is given, a certificate shall be furnished to the Governor by the Official Administrator showing that due advertisement has been made for claims to such balance of such estate as required by the last preceding section, and that, so far as is known to the Official Administrator, no further claim can reasonably be expected against such balance.
6. Any unclaimed balance paid into the Colonial Treasury under the provisions of this Ordinance at any time previous to the expiration of five years as aforesaid shall be lodged in a chartered or incorporated bank in this Colony, at such rate of interest as may be procurable, and the amount of such interest shall be added to and considered a portion of such unclaimed balance.
7.—(1.) When any sum of money, other than the balance of an intestate estate, remains for five years unclaimed in the Supreme Court, it shall be lawful for the Court, on the application of the Registrar, to order that such sum be paid over to the Colonial Treasurer for transfer to the general revenue of the Colony, subject to refund as hereinafter provided.
(2.) Before making any such order the Court may order such notices to be given and to such parties as the Court may think fit.
Refund of Moneys transferred.
8. It shall be lawful for any claimant to any money paid into the Colonial Treasury under this Ordinance to present his summary petition in that behalf to the Supreme Court against the Attorney General as respondent thereto; and if the claimant verifies his claim by evidence to the satisfaction of the Supreme Court, it shall be the duty of the Court to make an order declaring him entitled thereto, and the Colonial Treasurer, on receipt of such order, shall pay the sum mentioned therein to the claimant.
9. The Governor-in-Council may entertain any moral claim (as distinguished from any legal or equitable claim) which may be submitted to him by petition in writing by any person, praying for payment of any sum of money which may have been transferred to the Colonial Revenue under the provisions of this Ordinance, and upon such petition it shall be lawful for the Governor-in-Council, if he thinks fit, to order that such sum or any portion thereof be paid by the Colonial Treasurer to the petitioner.
A.D. 188
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