CO129-275 - Governor Sir Robinson - 1897 [1-5] — Page 636

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Annexed to the Attorney General's Report as in the "Bill stage, the marginal notes contain references to the former law creating with each

rechou.

A BILL

ENTITLED

An Ordinance to consolidate and amend the Laws relating to Probates and Letters of Administration in this Colony.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited for all purposes as The Probates Ordinance, 1897.

2. In this Ordinance, unless the context otherwise requires,-

“The Court” means the Supreme Court of the Colony acting in the exercise of its jurisdiction under this Ordinance:

“A Judge" or "the Judge" means a Judge of the Court:

“Will” comprehends "testament" and all other testamentary instruments of which probate may now be or might at any time heretofore have been granted :

“Administration” comprehends all letters of administration of the estates of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes:

“Estate” of a deceased person means the personal estate and effects of whatever kind of such person :

“Matters and causes testamentary” comprehends all matters and causes relating to the granting and revocation of probate of wills and of administration:

“Prescribed” means prescribed by rules or orders of the Court made under this Ordinance.

PART I.

JURISDICTION AND POWERS OF THE COURT.

3.-(1) The voluntary and contentious jurisdiction and authority in relation to the granting and revocation of probate of wills and of letters of administration of the estates of deceased persons, together with full authority to hear and determine all questions relating to matters and causes testamentary, shall as heretofore belong to and be vested in and be exercised in the name of Her Majesty by the Supreme Court of Hongkong.

(2.) The Supreme Court shall as heretofore, for the purposes of this Ordinance, be deemed a Court of Probate and shall be a Court of Record, and shall have the same powers, and its grants and orders shall have the same effect, in this Colony, and in relation to the estates in this Colony of deceased persons, as the Supreme Court and its grants and orders respectively now have or hitherto have had in relation to matters and causes testamentary and estates of deceased persons within the jurisdiction of the Supreme Court; and all duties which are or have been imposed on or should be performed by the Supreme Court in respect of probates, administrations, and matters and causes testamentary shall be performed by the Supreme Court under the probate jurisdiction hereby continued: Provided that no suits for legacies, or suits for the distribution of residues, shall be entertained by the Supreme Court in its probate jurisdiction.

4. The Judge shall have and may exercise full power of altering and amending any grant of probate or of administration, whether made before or after the commencement of this Ordinance.

5. No officer or clerk of the Court shall, during the time of his holding such office, directly or indirectly practise as an advocate, barrister, proctor, attorney, or solicitor, or receive or participate in the fees of any other person so practising.

6. All probates, administrations, orders, and other instruments, and all exemplifications and copies thereof, shall respectively be sealed with the seal of the Supreme Court; and any such document purporting to be so sealed shall be received in evidence, in any cause or proceeding of whatever kind, without further proof thereof.

7.-(1) The Court may require the attendance of any party in person, or of any person whom it may think fit to

Short title.

Interpretation

(No. 8 of 1900, s. ±)

General Jurisdiction of the Court in matters of probate and administration.

(No. 8 of 1900, s. 2.)

Power of altering probate, etc., already granted.

(No. 8 of 1900, s. 3.)

Court officers prohibited from practising as advocates, etc.

(No. 8 of 1860, s. 5.)

Sealing of documents.

(No. 8 of 1860, s. 6.)

Power to require attendance of parties.

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2026-05-29 01:04:37 · NVIDIA / meta/llama-4-maverick-17b-128e-instruct
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Annexed to the Attorney General's Report as in the "Bill stage, the marginal notes contain references to the former law creating with each rechou. A BILL ENTITLED An Ordinance to consolidate and amend the Laws relating to Probates and Letters of Administration in this Colony. Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:- 1. This Ordinance may be cited for all purposes as The Probates Ordinance, 1897. 2. In this Ordinance, unless the context otherwise requires,- “The Court” means the Supreme Court of the Colony acting in the exercise of its jurisdiction under this Ordinance: “A Judge" or "the Judge" means a Judge of the Court: “Will” comprehends "testament" and all other testamentary instruments of which probate may now be or might at any time heretofore have been granted : “Administration” comprehends all letters of administration of the estates of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes: “Estate” of a deceased person means the personal estate and effects of whatever kind of such person : “Matters and causes testamentary” comprehends all matters and causes relating to the granting and revocation of probate of wills and of administration: “Prescribed” means prescribed by rules or orders of the Court made under this Ordinance. PART I. JURISDICTION AND POWERS OF THE COURT. 3.-(1) The voluntary and contentious jurisdiction and authority in relation to the granting and revocation of probate of wills and of letters of administration of the estates of deceased persons, together with full authority to hear and determine all questions relating to matters and causes testamentary, shall as heretofore belong to and be vested in and be exercised in the name of Her Majesty by the Supreme Court of Hongkong. (2.) The Supreme Court shall as heretofore, for the purposes of this Ordinance, be deemed a Court of Probate and shall be a Court of Record, and shall have the same powers, and its grants and orders shall have the same effect, in this Colony, and in relation to the estates in this Colony of deceased persons, as the Supreme Court and its grants and orders respectively now have or hitherto have had in relation to matters and causes testamentary and estates of deceased persons within the jurisdiction of the Supreme Court; and all duties which are or have been imposed on or should be performed by the Supreme Court in respect of probates, administrations, and matters and causes testamentary shall be performed by the Supreme Court under the probate jurisdiction hereby continued: Provided that no suits for legacies, or suits for the distribution of residues, shall be entertained by the Supreme Court in its probate jurisdiction. 4. The Judge shall have and may exercise full power of altering and amending any grant of probate or of administration, whether made before or after the commencement of this Ordinance. 5. No officer or clerk of the Court shall, during the time of his holding such office, directly or indirectly practise as an advocate, barrister, proctor, attorney, or solicitor, or receive or participate in the fees of any other person so practising. 6. All probates, administrations, orders, and other instruments, and all exemplifications and copies thereof, shall respectively be sealed with the seal of the Supreme Court; and any such document purporting to be so sealed shall be received in evidence, in any cause or proceeding of whatever kind, without further proof thereof. 7.-(1) The Court may require the attendance of any party in person, or of any person whom it may think fit to Short title. Interpretation (No. 8 of 1900, s. ±) General Jurisdiction of the Court in matters of probate and administration. (No. 8 of 1900, s. 2.) Power of altering probate, etc., already granted. (No. 8 of 1900, s. 3.) Court officers prohibited from practising as advocates, etc. (No. 8 of 1860, s. 5.) Sealing of documents. (No. 8 of 1860, s. 6.) Power to require attendance of parties.
Baseline (Original)
Annexed to the attorney Generals Report as in the "Bill stage, the marginal notes containe references to the former law cresting with each rechou. A BILL RSSITLED An Ordinance to consolidate and amend the Lars relating to Probates and Letters of Administra- tion in this Colony. Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Commeil thereof, as follows:- 1. This Onliuance may be cited for all purposes as Tho Probates Ordinance, 1897. 2. In this Ordinance, unloss the context otherwise re- quires,- “The Court” manns the Supreme Court of the Colony acting in the exercise of its jurisdiction under this Or- dinance: >> “A Judgo" or "the Judgo' means a Judge of the Court: "Will" comprebends "testament" and all other testa- mentary instruments of which probate may now be or might at any time heretofore have been granted : "Administration" comprehends all letters of adminis- tration of the estates of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes: "Estate" of a deceased person means the personal cs- tate and effects of whatever kind of such person : "Marrers and eanses testamentary comprehends all matters and causes relating to the granting and revo- cation of probate of wills and of administration: "Prescribed "nicans prescribed by rules or orders of the Court made muder this Ordinance. PART I. JURISDICTION AND POWERS OF THE COURT, 3.-(1) The voluntary and contentions jurisdiction and authority in relation to the granting and revocation of pro- bate of wills and of letters of administration of the estates of deceased persons, together with full authority to hear and determine all questions relating to matters and causes testamentary, ehall us beretofore belong to and be vesred in and be exercised in the name of Her Majesty hy the Su- preme Court of Hongkong. (2.) The Supreme Court shall as heretofore, for the pur- poses of this Ordinance, bo deemed a Court of Probate and shall be a Court of Record, and shall have the same powers, and its grants and orders shall have the same effect, in this Colony, and in relation to the estates in this Colony of deerased persons, as the Supreme Court and its grants and orders respectively now have or hitherto have had in rela- tion to manters and causes testamentary and estates of deceased persons within the jurisdiction of the Supreme Court; and all duties which are or have been imposed on or should be performed by the Supreme Court in respect of probates, aliniaistutions, and matters and canses testament- ury shall be performed by the Supreme Court under the probate jurisdiction hereby continued: Provided that no suits for legacies, or suits for the distribution of residues, shall be entertained by the Supreme Court in its probate jurisdiction. 4. The Judge shall have and may exercise full power of altering and amenting any grant of probate or of adminis tration, whether made before or after the commencement of this Ordinance. 5. No offieer or clerk of the Court shall, during the time of his holding such office, directly or indirectly practise as an advocate, barrister, proctor, nitorney, or solicitor, or receive or participate in the fees of any other person so practising. 6. All probares, administrations, orders, and other justru- ments, and all exemplifications and copics thereof, shall re- spectively he sealed with the seal of the Supreme Court; and any such doenment purporting to be so sealed shall be received in evidence, in any ennse or proceeding of whatever kind, without further proof thereof. 7.-(1) The Court nay require the attendance of any party in person, or of any person whom it may think it to Short title. Interpenting (No, 8 of 1900, of eine. ส. ± General Jurisdiction of the Court in afters t probata and amintasen- Tio. (No. 8 of 10, 2. R Power of altering probate, etc.. Already Krauted. (No. of 180, 58,) Court Prohibition of icer of the practising ne üdvcnato, etc. (No. 8 of 1860, Son Bug of DOCHNOL (No. 8 of 1960, 4.5.3 Towers to requiric attauduies of 628
2026-05-29 01:04:37 · Baseline
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Annexed to the attorney Generals Report as in the "Bill stage, the marginal notes containe references to the former law cresting with each

rechou.

A BILL

RSSITLED

An Ordinance to consolidate and amend the Lars relating to Probates and Letters of Administra- tion in this Colony.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Commeil thereof, as follows:-

1. This Onliuance may be cited for all purposes as Tho Probates Ordinance, 1897.

2. In this Ordinance, unloss the context otherwise re- quires,-

“The Court” manns the Supreme Court of the Colony acting in the exercise of its jurisdiction under this Or- dinance:

>>

“A Judgo" or "the Judgo' means a Judge of the

Court: "Will" comprebends "testament" and all other testa- mentary instruments of which probate may now be or might at any time heretofore have been granted : "Administration" comprehends all letters of adminis- tration of the estates of deceased persons, whether with or without the will annexed, and whether granted for general, special, or limited purposes: "Estate" of a deceased person means the personal cs-

tate and effects of whatever kind of such person : "Marrers and eanses testamentary comprehends all matters and causes relating to the granting and revo- cation of probate of wills and of administration: "Prescribed "nicans prescribed by rules or orders of

the Court made muder this Ordinance.

PART I.

JURISDICTION AND POWERS OF THE COURT, 3.-(1) The voluntary and contentions jurisdiction and authority in relation to the granting and revocation of pro- bate of wills and of letters of administration of the estates of deceased persons, together with full authority to hear and determine all questions relating to matters and causes testamentary, ehall us beretofore belong to and be vesred in and be exercised in the name of Her Majesty hy the Su- preme Court of Hongkong.

(2.) The Supreme Court shall as heretofore, for the pur- poses of this Ordinance, bo deemed a Court of Probate and shall be a Court of Record, and shall have the same powers, and its grants and orders shall have the same effect, in this Colony, and in relation to the estates in this Colony of deerased persons, as the Supreme Court and its grants and orders respectively now have or hitherto have had in rela- tion to manters and causes testamentary and estates of deceased persons within the jurisdiction of the Supreme Court; and all duties which are or have been imposed on or should be performed by the Supreme Court in respect of probates, aliniaistutions, and matters and canses testament- ury shall be performed by the Supreme Court under the probate jurisdiction hereby continued: Provided that no suits for legacies, or suits for the distribution of residues, shall be entertained by the Supreme Court in its probate jurisdiction.

4. The Judge shall have and may exercise full power of altering and amenting any grant of probate or of adminis tration, whether made before or after the commencement of this Ordinance.

5. No offieer or clerk of the Court shall, during the time of his holding such office, directly or indirectly practise as an advocate, barrister, proctor, nitorney, or solicitor, or receive or participate in the fees of any other person so practising.

6. All probares, administrations, orders, and other justru- ments, and all exemplifications and copics thereof, shall re- spectively he sealed with the seal of the Supreme Court; and any such doenment purporting to be so sealed shall be received in evidence, in any ennse or proceeding of whatever kind, without further proof thereof.

7.-(1) The Court nay require the attendance of any party in person, or of any person whom it may think it to

Short title.

Interpenting

(No, 8 of 1900,

of eine.

ส. ±

General Jurisdiction

of the Court in afters t

probata and

amintasen-

Tio.

(No. 8 of 10,

2. R

Power of

altering probate, etc.. Already

Krauted.

(No. of 180,

58,)

Court

Prohibition of

icer of the

practising ne üdvcnato, etc. (No. 8 of 1860,

Son Bug of DOCHNOL (No. 8 of 1960, 4.5.3

Towers to requiric attauduies of

628

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