Inter- pretation.
Powers of consular officers in
person5.
2. In this Ordinance— "consular office" means any building or part of a building which is exclusively occupied for the purposes of the official business of a consular officer.
3. (1) Where any person who is a national of a State to which this section applies is named as executor in the will of a relation to deceased person disposing of property in Hong Kong, or is property in Hong Kong
otherwise a person to whom a grant of representation to the of deceased estate in Hong Kong of a deceased person may be made, they
if the court is satisfied, on the application of a consular officer of the said State, that the said national is not resident in Hongt Kong, and if no application for a grant of such représentation| is made by a person duly authorized by power of attorney to act for him in that behalf, the court shall make to that officer agf such grant of representation to the estate of the deceased es would be made to him if he were so authorized as aforesaid,
Ordinance No. 2 of 1897.
Ordinance
No. 2 of
1997.
(2) Where any person who is a national of a State to which this section applies-
(a) is entitled to any money or other property in Hong Kong forming part of the estate of a deceased person," or to receive payment in Hong Kong of any money) becoming due on the death of a deceased person; or (b) is among the persons to whom any money or other property of a deceased person may under any Ordinance, whether passed before or after the commencement of this Ordinance, be paid or delivered without grant of probate or other proof of title, then if the said national is not resident in Hong Kong a consular officer of that State shall have the like right and power to receive and give a valid discharge for any such money or property as if he were duly authorized by power of attorney to act for him in that behalf:
Provided that no person shall be authorized or required by this subsection to pay or deliver any money or property to a consular officer if it is within his knowledge that any other person in Hong Kong has been expressly authorized to receive that money or property on behalf of the said national.
(3) Notwithstanding the provisions of section 40 of the, Probates Ordinance, 1897, sureties shall not be required to an administration bood given by a consular officer under this section.
(4) Subsection (2) of section 14 of the Probates Ordinance, 1897, is hereby repealed and replaced by the following sub- section-
"(2) In the case of the death of any person who is the national of a state to which section 3 of the Consular Conventions Ordinance, 1951, applies, the Official Administrator shall as soon as conveniently may be after the fact of such death has come to his knowledge inform the nearest consular officer of such state of the same."
(5) Subsection (2) of section 15 of the Births and Deaths Registration Ordinance, 1934, is repealed and replaced by the following subsection-
(a) in every case in which a registrar receives information of the death in the Colony of any person who is a national of a state to which section 3 of the Consular Conventions Ordinance, 1951, applies, he shall cause information of the fact to be com- municated to the Official Administrator.”
Ordinance No. 21 of 1934.
4. Notwithstanding any rule of law conferring immunity Supple- or privilege in respect of the official acts and documents of con- mentery
provisions sular officers, a consular officer shall not be entitled to any as to immunity or privilege in respect of any act done by virtue of section 3. powers conferred on him by or under section 3 or in respect of any document for the time being in his possession relating thereto.
Restriction of powers of entry in any
consuler
5. (1) Subject to the provisions of this section a consular office of a State to which this section applies shall not be entered by a police officer or other person acting in the execution of relation to warrant or other legal process or in the exercise of powers con- offices. ferred by or under any enactment (whether passed before or after the commencement of this Ordinance) or otherwise, except with the consent of the consular officer in charge of that office or, if that consent is withheld or cannot be obtained, with the consent of the Governor:
Provided that the foregoing provisions of this subsection shall not apply in relation to any entry effected-
(2) in pursuance of subsection (1) of section 5 of the Fire
Brigade Ordinance, 1923, (which confers powers to enter Ordinsoce premises for the purpose of extinguishing fire) or any No. 20 of
1923. other enactment making provision corresponding with the provisions of that subsection;
(b) by a police officer having reasonable cause to believe that a crime involving violence has been or is being or is about to be committed in the consular office; (c) by any person entitled to enter by virtue of any
easement, contract or other private right.