1971-HKRS29-8-38_Part02 — Page 30

Power of ordering production of testamentary writings,

1857, G. 77. 1. 25,

JBSE, 95, «. 23.

(2) The Registrar, where he exercises jurisdiction under section 5-

(∞) shall refer the matter to a judge if it appears to the

Registrar-

(i) to be doubtful whether or not a grant should be made;

(ii) that a grant ought not to be made without the direction of a judge; or

(iii) that a question of special difficulty arises in relation to a grant; and

(b) may refer to a judge any matter which appears to him

to be proper for the decision of a judge,

(3) If a matter is referred to a judge under subsection (2) the judge may either dispose of it himself or refer it back to the Registrar with such directions as he thinks fit.

7. (1) The court may, on motion or petition or otherwise, in a summary way, whether any proceedings are or are not pending in the court with respect to any probate or administration, order any person to produce and bring into the Registry, or otherwise as the court may direct, any paper or writing being or purporting to be restamentary which may be shown to be in the possession or under the control of such person.

(2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he has know)- edge of any such paper or writing, the court may direct such person to attend for the purpose of being examined in open court or upon interrogatories respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing, as he would have been subject to in case he had been a party to an action in the court and had made such default.

(3) The Registrar may, whether or not any proceedings are pending in the court, issue a subpoena requiring any person to produce and bring into the Registry any paper or writing being or purporting to be testamentary, which may be shown to be in the possession, within the power, or under the control of such person; and such person, upon being duly served with the said subpoena, shall be bound to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case

of default as if he had been a party to proceedings in the court, and had been ordered by a judge to produce and bring in such paper or writing.

8. The court shall have power to summon any person named as executor in a will to prove or renounce probate of the will, and to do such other things concerning the will as the High Court in England may do with regard to such malters.

PART II.

THE OFFICIAL ADMINISTRATOR.

9. (1) The Registrar shall be ex officio Official Administra- bor under this Ordinance.

(2) In all cases the Official Administrator shall be subject to the immediate control and act under the direction of the court.

(3) The Official Administrator may employ a solicitor or other agent to do any business which may be sanctioned by the court

(4) An application by the Official Administrator to the court may be made personally, and without notice or other formality, but the court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the court may direct,

(5) For the purpose of subsection (1) the term “Registrar” does not include Deputy or Assistant Registrar, but the powers and duties of the Official Administrator may be exercised by a Deputy or Assistant Registrar.

10. Where any person dies, whether in Hong Kong or elsewhere, leaving estate in Hong Kong in respect of which he dies intestate, such estate shall vest in the Official Administrator who may, if he thinks fit, receive and take possession of the same until administration is granted in respect thereof.

11. All property vested in the Official Administrator for the time being by virtue of any grant of administration made to him or any predecessor in office or otherwise shall, on his vacating or otherwise ceasing to hold the office, be deemed to be vested in his successor without any further transfer or conveyance.

12. (1) The Official Administrator may, whenever be thinks it expedient to do so and upon such evidence of death as he deems sufficient, take possession of the movable property of a deceased person which may be found within Hong Kong, and provide for the safe custody thereof until probate of the will of such deceased

Summons of executor to prove Dr DENOUNCE.

1925. 2. 49, 1, 159,

Registrar to be Official Administrator.

Vesting of estate of deceased person

ia Official Administrator.

Revesting of property on vacation of office.

Power to take possession of

property until Brant;