Land
Consul to appeal to the Equitable Jurisdiction of the Court.
Mr. Pannelfate says that it is difficult to persuade Foreign Consuls to conform to the local Laws. All Consuls should be bound to administer according to local laws and are and ought to be subject to the jurisdiction of the Court.
Again he says that Consuls object to sign any Bond.
But section 30 of Act I of 1884 states that property vests in the Probate Court, and the right to require, or to dispense with such bond.
Some Consuls at Hong Kong are traditionally becoming insolent. 477 persons of their respective countries died in Hong Kong, more than in other Colony or in England. I have, in my experience of Eleven years, known of difficulty with one Spanish Consul. In a case of difficulty with a Subject, it was mentioned privately by the Registrar to one Spanish Consul, who was in some way personally interested.
I think the change proposed is unnecessary, if only because it won't lead to dissatisfaction among Consuls of Powers who were always allowed to administer to the Estates of their countrymen deceased, as though it is therefore usually done by fellow countrymen, they are not bound by reciprocal Engagements to do so, and are morally bound to see that debts are paid away due to the creditors and relatives of deceased persons, that they should be protected by Bond with Sureties.
But on the death of the Baron de Tranquelayan, the Court rightly, considering that he was French Consul to China, granted administration to his Estate to the French Administrative Officer in Hong Kong without requiring any Bond, already protecting...
On the whole, I believe that in Hong Kong, there are greater facilities for Consuls to administer estates, and it might be undertaken without Letters duly granted out of the Court of Probate. If, however, it has been found necessary in the North American Colonies, or at Gibraltar, or at Malta, that such administrations be undertaken ex officio by Consuls unrestrained by legal supervision; or that every Consul is able to adapt it; otherwise, I think the circumstances are positive in Hong Kong.