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Advertise-
ments as to intestates
estates.
Transfer of unclaimed balances of intestates estates.
Interest on certain unclaimed balances.
Transfer of unclaimed Imoneya in the Supreme Court.
Refund of transferred
2
5. Where administration has been granted, either before or after the commencement of this Ordinance, to the Official Administrator in respect of the estate of any person who has died intestate, and where a balance from Buch estate remains in the hands of the Official Adminis- trator and the next of kin of the deceased are not known to him, the Official Administrator shall, as soon as may he after the commencement of this Ordinance or after such grant, cause advertisements to be published in the Colony and also, if in his opinion it is desirable, in any place where it appears to him probable that persons entitled to share in the residue of the estate may be found, to the effect that, if no claim is made within five years from the date of the first publication of such advertisement in the Colony, the balance remaining from the estate of such deceased person will be transferred to the general revenue of the Colony, subject to the provisions of this Ordinance: Provided that such advertiseinent shall not be necessary in any of the following cases :—
(a) where advertisement has already been made before the commencement of this Ordinance in accord- ance with the law in force at the time of such advertisement;
(6) where the net value of any estate remaining nnadministered at the commencement of this Ordinance is less than oue hundred dollars; or
(c) where the net value of any estate may in future
be less than one hundred dollars.
6. The Official Administrator shall as soon as may be after the grant to him of administration of the estate of any person dying intestate pay the unclaimed balance of such estate into the Treasury, or into the account of the Government at such bank as the Treasurer shail direct, and the Governor may direct that such balance be trans- ferred to the general revenue of the Colony subject to the provisious of this Ordinance as to claims thereto after such transfer: Provided that where advertisement is required by section ō no such direction shall be given until a certificate has been furnished to the Governor by the Official Administrator to the effect that due advertisement has been made as required by that section and that the period of five years from the publication thereof has expired and that, so far as is known to him, no further claim can reasonably be expected against the estate.
7. Where any unclaimed balance paid into the Treasury or into the account of the Government under the provisions of section 6 amounts to one hundred dollars or upwards, the same shall bear interest at the like rate as shall for the time being be allowed by the Treasurer in respect of sums deposited with him bearing interest: Provided that uo interest shall be allowed on any such unclaimed balance after the transfer of such unclaimed balance to the general revenue of the Colony.
8.-(1) When any sum of money, other than the balance of an intestate estate, remains for a period of five years or longer unclaimed in the Supreme Court, it shall be lawful for the court, on the application of the Registrar, to order such sum to be paid over to the Treasurer for transfer to the general revenue of the Colony.
(2) Before making any such order the court may direct that such notice, if any, as it deems necessary shall be given and to such parties as it may think fit.
9. Every transfer to the general revenue of the Colony nuder the provisions of this Ordinance shall be subject to balances and the provisious therein contained as to refund.
same.
Application for refund of money trans- ferret. Ordinance
10. It shall be lawful for any claimant to any money transferred to the general revenue of the Colony under the provisions of this Ordinance or of the Unclaimed Balances Ordinance, 1885, to present a petition in that
No. 1 of 1885, behalf to the Supreme Court against the Attorney General
3
as respondent thereto; and if the claimant proves his claim to the satisfaction of the Court, it slutf make an order declaring him entitled thereto. Any such order shall be served on the Treasurer, who shall comply there- with. No such order as aforesaid shall entitle the claimant
to any interest upon any money transferred to the general revenue of the Colony after the date of such transfer. No such petition shall be presented except within the same time and subject to the same rules of law and equity in and subject to which an action for the like purpose might
be brought against a subject.
11. The Governor in Council may entertain any moral Moral claims. 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 general revenue of the Colony under the provisions of this Ordi-
nance, or of the Unclaimed Balances Ordinance, 1885, Ordinance
and upon such petition it shall be lawful for the Governor No. 1 of 1885.
in Council to order that such sum or any portion thereof be paid by the Treasurer to such person as is mentioned
in the order.
12. The general revenue of the Colony shall be appli- Charging of cable to any payment ordered to be made under this Ordi- general
Lance.
revenue.
13. Nothing in this Ordinance shall affect any of the Saving provisions of the Bankruptcy Ordinance, 1891, with Ordinance regard to unclaimed dividends and funds in bankruptcy No. 7 of 1801. proceedings.
14. The Unclaimel Balances Ordinance, 1885, is Repeal of repealed.
Ordinance No. 1 of 1885.
15. Section 25 of the Probutes Ordinance, 1897, is Repeal repealed.
Passed the Legislative Council of Hong Kong, this 7th day of March, 1929.
E. I. WYNNE-JONES,
Deputy Clerk of Councils.
of Ordinance No. 2 of 1897, s. 25.
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END