D2
CAP. 338]
[Subsidiary] Payment out of funds in the tribunal.
Payment out on death of person entitled.
Schedule, Form 2.
Transfer of
interest to
general revenue.
Transfer of unclaimed
funds to general
revenue.
Annual statement
of accounts and audit.
Small Claims Tribunal (Suitors' Funds) Rules
#
[1978 Ed.
6. (1) Funds paid into the tribunal may be paid out by cheque or in cash as the registrar may direct and, in the case of payment by cheque, the cheque shall be signed by the registrar and such other person as the registrar may authorize in writing.
(2) Payment out may be made at the offices of the tribunal on any week-day, not being a Saturday or general holiday, between the hours of 10.00 a.m. and 1.00 p.m. and between the hours of 2.00 p.m. and 4.00 p.m.; and on any Saturday (not being a general holiday) between the hours of 10.00 a.m. and 12 noon.
7. Where the registrar is satisfied that any person entitled under rule 6 to payment out of funds has died, the registrar may pay out such funds (or any portion thereof remaining unpaid at the date of the death of the deceased) as follows-
(a) the registrar may pay out such funds to the legal personal representatives of the deceased or, if it appears that any such personal representative had died, to the survivor or survivors of them;
(b) where it appears to the registrar that the deceased died intestate having assets not exceeding the value of $5,000 including the amount of such funds, and if administration has not been granted in respect of his estate, the registrar may pay out such funds to the person who (being the spouse, child, father, mother, brother or sister of the deceased) would have the prior right to a grant of administration of the estate, upon a declaration by such person in Form 2 in the Schedule hereto.
8. The registrar shall, at the end of each financial year or so soon thereafter as may be practicable, pay into the general revenue of Hong Kong any interest that has been credited to the Small Claims Tribunal Suitors' Funds Account.
9. (1) Where any funds paid into the tribunal in respect of an order remain unclaimed for a period of five years after the date of such order, the Chief Justice may, on application by the registrar, direct that such funds shall be paid into the general revenue of Hong Kong.
(2) Before giving any direction under paragraph (1), the Chief Justice may direct that such notice, if any, as he thinks necessary shall be given in such manner and to such persons as he may so direct.
10. (1) The registrar shall in each year cause to be prepared for the period of twelve months ending on the 31st March in that year, a statement of the accounts kept by him under rule 5, and such statement shall-
(a) include a receipts and payments account and a statement of assets and liabilities; and