procedure relating to deathe of nationals of certain foreign States.
(p. 267.)
Unlawfully removing property of deceased from Hong Kong
Κέστι κατά property of deceased person for expenseS incurred under section 12.
Summary administration of estates not excceding $20,000.
Cases in which Official Ad- ministrator is entitled to administration.
person or administration of his estate has been granted by the
court:
Provided that the Official Administrator may, in lieu thereof if he thinks fit, issue forthwith a commission of appraisement of all or any of such property.
(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 Ordin- ance applies or of the United States of America, 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 the State of the same.
(3) A consular officer of the United States of America shall have the right to appear, either personally or by delegate, in any proceedings on behalf of the absent heirs or creditors, until they are otherwise represented, of a citizen of the United States of America who dies in Hong Kong.
13. Any person who, without lawful authority or reasonable
Excuse-s
(a) removes or attempts to remove out of Hong Kong any
such property as is mentioned in section 12; or
(b) destroys, conceals, or refuses to yield up any such
property on demand to the Official Administrator, shall be guilty of an offence and shall be liable on conviction to a fine of two thousand dollars and to imprisonment for six months.
14. The Official Administrator shall have a lien upon all property mentioned in section 12 for the reasonable expenses incurred by him in carrying out the provisions of that section, and such expenses shall also constitute the first charge on the estate of the deceased person, before the payment of debts having priority.
15. The Official Administrator may, where the whole of an estate does not, in his opinion, exceed twenty thousand dollars in value, without any legal formality, get in and administer the same in a summary manner, for the benefit of the persons he may deem interested therein, without a grant or other legal formality..
16. (D) On application made by the Official Administrator, the court shall, unless it sees good reason to the contrary, grant to him administration in any of the following cases--
(a) where a person dying iotestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and no next of kin of such person are resident in Hong Kong: (b) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and
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the next of kin of such person who is resident in Hong Kong files in the Registry a request for or consent to the making of such grant, in writing signed by him:
(c) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and no person has, within twelve months after the death of such person, obtained administration of his estate; and (d) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and the next of kin is resident in Hong Kong and is an infant. (2) The provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in Hong Kong or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to act.
17. Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in any of Her Majesty's forces or of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act.
18. Any grant made to the Official Administrator under thia Ordinance may be limited in such manner as the court may direct.
19. A commission at the rate of five per cent on the first one thousand dollars, two and one half per cent on the next four thousand dollars and one per cent on the balance, or such lower rate or rates as the court may approve on the application of the Official Administrator in the case of any particular estate, shall be chargeable on the gross value of all property of whatsoever nature received or taken possession of, or realized or otherwise dealt with, by the Official Administrator under this Ordinance.
20. (1) The Official Administrator shall keep a general register of all estates under his administration, a cash book, and a ledger or account current book, and such other books as he may find necessary or may be prescribed.
(2) He shall enter in books, to be kept by him for that purpose, separate and distinct accounts of each estate and of all property of every description which may come to his hands, and also of all payments made by him on account of each estate, specifying the dates of such receipts and payments respectively.
(3) Each book shall be kept in the Registry and shall be open during office hours for the inspection of any person who has occasion to inspect the same, on payment of the prescribed fee.
Saving as to estales of certain persons.
Power of limiting grant.
Cammission on moneys Teceived.
Keeping of books of ACCOUDL
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