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THE HONGKONG GOVERNMENT GAZETTE, 22ND MAY, 1897.

No. 3 OF 1897.

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

LS

WILLIAM ROBINSON,

Governor.

[15th May, 1897.]

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

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

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

“The Court" means the Supreme Court of the Colony acting in the exercise of its jurisdiction nuder this Or- dinance:

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

• Will comprehends "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 persou means the personal es- tate and effects of whatever kind of such person : Matters and causes testamentary" comprehends all matters and causes relating to the granting and revo- cation 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.

tion of terms.

3.-1.) The voluntary and contentions jurisdiction and General

jurisdiction authority in relation to the granting and revocation of pro-

of the Court bate of wills and of letters of administration of the estates in matters of of deceased persons, together with full authority to hear probate and and determine all questions relating to matters and causes administra- testamentary, shall as heretofore belong to and be vested fion. in and be exercised in the name of Her Majesty by the Su- preme Court of Hongkong.

(2.) The Supreme Court shall as heretofore, for the pur- poses 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 rela- tion 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 testament- ary shall be performed by the Supreme Court under the probate jurisdiction herchy continued: Provided that no

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