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transfer of office and staff from one department to another
involves no changes in the routine of registration.
3.
Sections 3 and 10 (1) and (4) implement section
14 (2) of the Probates Ordinance, 1897, (No.2 of 1897
as amended by No.21 of 1930) in order to give effect to
an arrangement which has been arrived at between His
Majesty's Government and the United States Government,
relating to the manner in which the provisions of Article
3 of the Real and Personal Property Convention of
Washington of the 2nd March, 1899, which has been applied
to this Colony, may be carried out. Under that
arrangement, provision is made for notification to the
nearest American Consul whenever a citizen of the United
States dies in the Colony. Under section 14 of the Probates
Ordinance, the notification is made by the Official
Administrator.
The amendments made in the principal
Ordinance by this Ordinance make provision for informing
the Official Administrator.
Informants for purposes of
Registration of Deaths are therefore required to state,
in addition to the usual particulars, the nationality
of the deceased, if known; and where the information is
of the death of a citizen of the United States, the
Registrar is required to pass such information on to
the Official Administrator and through him to the Consul.
4. Section 4 of this Ordinance amends section 10 (2)
of the principal Ordinance. Under that sub-section,
which was introduced into the principal Ordinance by
Ordinance No. 26 of 1923, the late registration fee, after
twelve months, is at the rate of five dollars for every
year or part of a year that has elapsed since birth.
It is considered that the progressive fee defeats its
object as it deters persons from registering who might
otherwise do so particularly in the New Territories
where the absence of district registries has been
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conducive to late registration.
5. Sections 5, 7, 8, 9 and 10 (2) and (3) raise the
statutory fees for certificates and searches.
6.
Section 11 postpones the operation of this Ordinance
until the 1st January, 1932.
7.
In my opinion this is an Ordinance to which His
Excellency the Governor may properly as sent in the name
of His Majesty and on His behalf.
Alabaster
Attorney General.
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