20027-1911-Re-sealing-of-Probates-granted-by-Consular-Courts — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 17, 1911.

EXECUTIVE COUNCIL.

No. 35.

Regulation made by the Governor-in-Council under Section 37 (3) and (4) of the Merchant Shipping Ordinance, 1899, (Ordinance No. 10 of 1899), this 3rd day of February, 1911.

Table E of the Schedule to the Merchant Shipping Ordinance, 1899, made by the Governor-in-Council on the 4th February, 1908, and published in the Gazette of the 20th March, 1908, and on pages 383 to 388 of the Regulations of Hongkong, 1910, is hereby amended by the insertion of the following Regulation to be read after Regulation 9 thereof :-

9A. Vessels plying within the sheltered and partially sheltered waters of Mirs Bay may carry the number of passengers which they are allowed to carry when within the Local Trade Limits".

No. 36.

Order made by the Governor-in-Council under Sections 70 and

73 of the Probates Ordinance, 1897, (Ordinance No. 2 of 1897),

this 3rd day of February, 1911.

Whereas by the seventieth section of the Probates Ordinance, 1897, it is enacted as follows:-

"The Governor-in-Council may, on being satisfied that the Legislature of any British Possession has made adequate provisions for the recognition in that Possession of probates and administrations granted by the Court, direct by Order that the provisions of Part VI of the Probates Ordinance, 1897, relating to Colonial Probates, shall, subject to any exceptions and modifica- tions specified in the Order, apply to that Possession, and thereupon, while the Order is in force, those provisions shall apply accordingly."

And whereas by the seventy-third section of the said Ordinance, it is further enacted as follows:-

"The provisions of Part VI of the Probates Ordinance, 1897, relating to Colonial Probates shall extend to authorise the sealing by the Court of any probate or administration granted by a British Court in a foreign country in like manner as they authorise the sealing of a probate or administration granted in a British Possession to which the said provisions apply, and the said provisions shall apply accordingly, with the necessary modifications."

And whereas "His Britannic Majesty's Supreme Court for China and Corea” and other the Provincial Courts constituted by the China and Corea Order-in-Council, 1904, are British Courts in a foreign country within the meaning of the said seventy-third section of the said Ordinance;

And whereas the Colonial Probates Act, 1892, of the United Kingdom has been extended to Hongkong;

And whereas the Governor-in-Council is satisfied that adequate provision has been made by the one-hundred-and-sixth clause of the above Order-in-Council, for the sealing by the said Supreme Court of China and Corea of probates and letters of administration granted by the Supreme Court of this Colony,

Now, therefore, the Governor-in-Council doth hereby order and direct that the provi- sions of Part VI of the Probates Ordinance, 1897, shall extend to authorise the sealing by the Supreme Court of this Colony of any probate or letters of administration granted by His Britannic Majesty's Supreme Court and Provincial Courts for China and Corea.