6193-1907-Protection-of-Estates-of-Japanese-subjects-who-die-within-the-British-Dominions — Page 2

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 22, 1907. 179

Vice-Consul, or Consular Agent of the country to which the deceased be- longed, on giving notice to the proper authorities, shall take possession and have custody of the property of the said deceased, shall pay the expenses of the funeral, and retain the surplus for the payment of his or her debts, and for the benefit of the heirs to whom it may rightly belong.

But the said Consul-General, Consul, Vice-Consul or Consular Agent shall be bound immediately to apply to the proper Court for letters of administration of the effects left by the deceased, and these letters shall be delivered to him with such limitations and for such time as to such Court may seem right.

(2) If, however, the deceased leaves in the country of his or her decease and in the above-named circumstances, any heir or universal legatee of other nationality than his or her own, or to whom the civil status of his or her father or his or her mother, as the case may be, cannot be granted, then each of the two Governments may determine whether the proper Court shall proceed according to law, or shall confide the collection and administration to the respective Consular Officers under the proper limitations. When there is no Consul-General, Consul, Vice-Consul, or Consular Agent, in the locality where the decease has occurred (in the case contemplated by the first rule of this Article) upon whom devolves the custody and administra- tion of the estate, the proper authority shall proceed in these acts until the arrival of the respective Consular Officers.

II. That the stipulations of the Convention shall be applicable, so far as the laws permit, to all the Colonies and foreign possessions of His Majesty, excepting to those hereinafter named, that is to say, except to India, The Dominion of Canada, Newfoundland, The Cape, Natal, New South Wales, Victoria, Queensland, Tasmania, South Australia, Western Aus- tralia, and New Zealand; provided always that the stipulations of the Convention shall be made applicable to any of the above-named Colonies or foreign possessions, on whose behalf notice to that effect shall have been given to the Japanese Government by His Majesty's Representative at Tokyo, within two years from the date of the exchange of ratifications of the Convention.

III. That the Convention shall remain in force until the 17th July, 1911.

And whereas within the period prescribed by Article II. the stipulations of the Conven- tion have been made applicable to the Colonies of The Cape, New South Wales, Victoria, Queensland, Tasmania, South Australia and Western Australia, and to India:

NOW THEREFORE, His Majesty, by and with the advice of His Privy Council, is pleased to order, and it is hereby ordered, that whenever any subject of His Majesty the Emperor of Japan shall die during the currency of the Convention within any of the domi- nions of His Majesty the King to which the stipulations of the Convention are applicable, and there shall be no person present at the time of such death who shall be rightfully entitled to administer to the estate of such deceased person, it shall be lawful for the Consul, Vice- Consul, or Consular Agent, of the Japanese Government within that part of His Majesty's Dominions where such Japanese subject shall die, to take possession and have the custody of the personal property of the deceased, and to apply the same in payment of his or her debts and funeral expenses, and to retain the surplus for the benefit of the persons entitled thereto; but such Consul, Vice-Consul or Consular Agent shall immediately apply for and shall be entitled to obtain from the proper Court letters of administration of the effects of such deceasad person, limited in such manner and for such time as to such Court shall seem fit.

A. W. FITZROY.