WEDNESDAY, OCTOBER 13, 1982

13

POWER TO ISSUE RECEIPTS

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THE OBJECTIVE OF THE TRUSTEE (AMENDMENT) BILL 1982 IS TO CONFIRM THE POWER OF A SOLE PERSONAL REPRESENTATIVE ADMINISTERING THE ESTATE OF A DECEASED PERSON TO ISSUE RECEIPTS FOR LAND SALES, THE LAW DRAFTSMAN, THE HON G.P. NAZARETH, SAID AT THE LEGISLATIVE COUNCIL MEETING TODAY.

UNDER THE COMMON LAW, SUCH A REPRESENTATIVE CAN ISSUE THIS TYPE OF RECEIPTS AND THIS WAS THE ACCEPTED POSITION IN HONG KONG UNTIL 1971, HE EXPLAINED, IN READING THE BILL A SECOND TIME.

IN THAT YEAR THE PROBATE AND ADMINISTRATION ORDINANCE WAS ENACTED AND ONE OF ITS PROVISIONS GAVE RISE TO CONSIDERABLE DOUBT+ AS TO WHETHER THE REPRESENTATIVE CAN STILL GIVE SUCH RECEIPTS TODAY, MR NAZARETH SAID.

+THERE IS, OF COURSE, NO GENERAL REASON WHY HE SHOULD NOT DO SO, AND THE OBJECT OF THIS BILL IS TO REMOVE THE DOUBTS AND CONFIRM THE POWER OF SOLE PERSONAL REPRESENTATIVES TO ISSUE RECEIPTS FOR THE SALE OF LAND, HE STATED.

QUESTIONS HAD BEEN RAISED, HE SAID, AS TO WHETHER THE OBJECTIVE MIGHT ENDANGER THE INHERITANCE OF MINOR CHILDREN IN THE HANDS OF +ILL-ADVISED OR IMPROVIDENT WIDOWED MOTHERS WHO ARE SOLE ADMINISTRATORS+.

BUT HE POINTED OUT THAT SECTION 25 OF THE PROBATE AND ADMINISTRATION ORDINANCE SHOULD BE AN ADEQUATE SAFEGUARD AGAINST SUCH A DANGER.

+IF IT IS THOUGHT THAT ANY FURTHER SAFEGUARD IS DESIRABLE PROMPT CONSIDERATION WILL BE GIVEN TO IT, MR NAZARETH STRESSED.

DEBATE ON THE BILL WAS ADJOURNED.

PUBLIC SHOULD SHARE RESPONSIBILITY FOR REFUSE CONTROL

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SOME 5 000 TONNES OF REFUSE HAS BEEN PICKED UP FROM HONG KONG WATERS SO FAR THIS YEAR BY SPECIALISED VESSELS OF THE MARINE DEPARTMENT WHICH EXPECTS TO SPEND $6.2 MILLION ON THE OPERATION FOR THE YEAR, THE SECRETARY FOR HOME AFFAIRS, THE HON DENIS BRAY, TOLD THE LEGISLATIVE COUNCIL TODAY.

THE DEPARTMENT, HE SAID, HAS AN EXPANSION PLAN WHICH SHOULD DOUBLE THE FLEET OF SPECIALLY DESIGNED VESSELS FOR THE PURPOSE BY 1986-87.

/+SINCE COMPREHENSIVE

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