Land
476
N. 9 of 10870 sections 4
On this
I must remark that this Officer acts in his capacity of Registrar of the Court of Probate; and this, representing that Court, takes possession within (and only until) Letters of Administration issue, See No s of 1860 section 39
This general provision has, I believe existed ever since 1845, being contained in Ordinance N. 6 of 1845. Ordinance N. 8 of 1860 repeated that Ordinance in part; referring to the provision, I have reenacted it - It has been Law for more than 25 years
In 1870 the law was (as the Court thought) defective, and the claratory Ordinance Law, which was, as I understand, satisfactory to Mr. Paget, who in virtue of his office drew that Ordinance, and additional provisions of N. 9 of 1870 improved the Law
It has always appeared to me the provisions for interim protection of the effects of all deceased persons, though exceptional, are well adapted to Hong Kong, where what is exceptional in England, is usually the rule, in that deceased persons leave no family or connections in the Colony interested in the due Administration of their estates. This rule includes the Estates of deceased Foreigners, but only after Letters of Administration have been duly granted by the Supreme Court or Court of Probate; and until the question of Nationality is raised in Court, the presumption is that the deceased (though in fact a foreigner) died an English Subject
Certainly, Section 30 of Ordinance 8 of 1860 gives full power to the Court to appoint Administrator to the estate of the deceased; and the Court has, when claimed by the Consul, appointed him Administrator (in the absence of persons showing claims as relatives under Wills imperfectly executed or otherwise)
In the meantime (called for by the necessity of the case) the Registrar, Official Administrator, acts to protect the Estates under the powers given by section 5 of N. 9 of 1870, but controlled by a right of all persons, including Consuls...
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476
N. 9 of 1870 sections 4
On this occasion
I must remark that this Officer acts in his capacity of Registrar of the Court of Probate; and this, representing that Court, takes possession within (and only until) Letters of Administration issue, See No 8 of 1860 section 39
This general provision has, I believe, existed ever since 1845, being contained in Ordinance N. 6 of 1845. Ordinance N. 8 of 1860 repeated that Ordinance in part; referring to the provision, I have reenacted it - It has been Law for more than 25 years.
In 1870 the law was (as the Court thought) defective, and the claratory Ordinance Law, which was, as I understand, satisfactory to Mr. Paget, who in virtue of his office drew that Ordinance, and additional provisions of N. 9 of 1870 improved the Law.
It has always appeared to me that the provisions for interim protection of the effects of all deceased persons, though exceptional, are well adapted to Hong Kong, where what is exceptional in England is usually the rule, in that deceased persons leave no family or connections in the Colony interested in the due Administration of their estates. This rule includes the Estates of deceased Foreigners, but only after Letters of Administration have been duly granted by the Supreme Court or Court of Probate; and until the question of Nationality is raised in Court, the presumption is that the deceased (though in fact a foreigner) died an English Subject.
Certainly, Section 30 of Ordinance 8 of 1860 gives full power to the Court to appoint Administrator to the estate of the deceased; and the Court has, when claimed by the Consul, appointed him Administrator (in the absence of persons showing claims as relatives under Wills imperfectly executed or otherwise).
In the meantime (called for by the necessity of the case) the Registrar, Official Administrator, acts to protect the Estates under the powers given by section 5 of N. 9 of 1870, but controlled by a right of all persons, including Consuls.