Grants durante absentia.
Issue of copies of original
wills and other documents.
Taxation of costs.
(Cap. 159.)
(040. 4, sub. ką.7
Power to require
application to be made by summons or motion.
Time limit for claims.
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Provided that where a will is not available owing to its being retained in the custody of a foreign court or official, a duly authenticated copy of the will may be admitted to proof without any such order as aforesaid.
54. An application for an order for a grant of special administration under section 37 of the Ordinance where a personal representative is residing outside Hong Kong shall be made to the court on motion.
58. (1) Where copies are required of original wills or other documents deposited under section 74 of the Ordinance, such copies may be photographic copies sealed with the seal of the court.
(2) Copies not being photographic copies, of original wills or other documents deposited under the said section shall be examined against the documents of which they purport to be copies only if so required by the person demanding the copy. and in such case the copy shall be certified under the band of the Registrar and may in addition be sealed with the seal of the court.
59. (1) Every bill of costs (other than a bill delivered by a solicitor to his client which falls to be taxed under the Legal Practitioners Ordinance) shall be referred to the Registrar for taxation and shall be taxed in accordance with the provisions contained in Order 62 of the Rules of the Supreme Court.
(2) The fees payable on taxation shall be paid by the party on whose application the bill is taxed and shall be allowed as part of the bill.
60. The Registrar may require any application made to bim to be brought before him by summons, and may require any application made to him, whether by summons or otherwise, to be brought before a judge by summons or before the court on motion.
60A. An executor or administrator may apply to the Registrar by ex parte summons for an order limiting the time for creditors or other persons to make claims against the estate of the testator or intestate and the Registrar shall make such order as he thinks fit specifying what notices are to be given of the making of such order and the time thereby limited and make such order thereon as he thinks proper.
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62. (1) Any person aggrieved by a decision of the Registrar Appeals from may appeal by summons to a judge.
Registrar.
(2) If any person besides the appellant appeared or was represented before the Registrar from whose decision or require- ment the appeal is brought, the summons shall be issued within seven days thereof for hearing on the first available day and shall be served on every such person as aforesaid.
63. (1) A judge or the Registrar may direct that a notice of motion or summons for the service of which no other provision is made by these rules shall be served on such person or persons as the judge or the Registrar may direct.
(2) Where by these rules or by any direction given under the last foregoing paragraph a notice of motion or summons is required to be served on any person, it shall be served-
(a) in the case of a notice of motion, not less than five clear days before the day named in the notice for hearing of the motion;
(b) in the case of a summons, not less than two clear days before the day appointed for the hearing, unless a judge or the Registrar at or before the hearing, dispenses with service on such terms, if any, as he may think fit.
64. Valess the Registrar otherwise directs, or these rules otherwise provide, any notice or other document required to be given to or served on any person may be given or served by leaving it at, or by sending it by prepaid registered post to, that person's address for service or, if he has no address for service, his last known address.
65. Every affidavit used in non-contentious probate business shall be in the form required by the Rules of the Supreme Court in the case of affidavits to which those rules apply.
66. The provisions of Order 3 and Order 62 rule 7 of the Rules of the Supreme Court shall apply to the compulation, enlargement, and abridgement of time under these rules except that nothing in Order 3 shall prevent time from running in the Long Vacation.
67. Subject in any particular case to any direction given by a judge or the Registrar, these rules shall apply to any proceed- ing which is pending on the date on which they come into operation as well as to any proceeding commenced on or after that date.
Service of notice of mation and tutdimiond.
Notices etc.
Affidavits,
Time.
(cap. 4. nub. len)
Application to periding proceedings.