Inter- pretation.
Powers of cangular officers in relation to
persons.
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 deceased person disposing of property in Hong Kong, or is property in otherwise a person to whom a grant of representation to the Hung Ron 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 Hong) Kong, and if no application for a grant of sach représentation is made by a person duly authorized by power of attorney to netį for him in that behalf, the court shall make to that officer auf such grant of representation to the estate of the deceased es would be made to him if he were so authorized as aforesaid,
(2) Where any person who is a national of a State to which this section applies-
Ordinance No. 2 of 1897.
Ordinance No. 2 of
1307.
(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 10 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 bond 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(4) Subsection (2) of section 14 of the Probates Ordinance, 1897, is hereby repealed and replaced by the following sub-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 Ordinance following subsection-
No. 21. of 1934.
"(*) 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."
4. Notwithstanding any rule of law conferring immunity Supple- or privilege in respect of the official acts and documents of con- mentary sular officers, a consular officer shall not be entitled to any as to
provisions
immunity or privilege in respect of any act done by virtue of Bection 9. powers conferred on him by or under section 3 or in respect of any document for the time being in his possession relating thereto.
6.
(1) Subject to the provisions of this section a consular Restriction
of powers
offices.
office of a State to which this section applies shall not be entered of entry in by a police officer or other person acting in the execution of any relation to warrant or other legal process or in the exercise of powers con- congular ferred by or under any enactment (whether passed before or with the consent of the consular officer in charge of that office after the commencement of this Ordinance) or otherwise, except
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—
No. 20 of
(a) in pursuance of subsection (1) of section 5 of the Fire
Brigade Ordinance, 1923, (which confers powers to enter Ordinance premises for the purpose of extinguishing fire) or any 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
easement, contract or other private right.
any
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