1192
THE HONGKONG GOVERNMENT GAZETTE, 30TM NOVEMBER, 1895.
Application
of Ordinance to probate, &c. already granted.
Application
of Ordinance to grants by British Courta In foreign countries.
(iv) For the purposes of this section, a duplicate of any probate or letters of administration sealed with the seal of the Court granting the same, or a copy thereof certified as correct by or under the authority of the Court granting the same, shall have the same effect as the original.
(v) All Ordinances, enactments and rules of Court for the time being in force in the Colony, in relation to probate duty or in relation to fees and costs in the probate jurisdiction of the Supreme Court, shall apply to applica- tions for sealing under this section to the same extent and in the same manner as if the person who applies for such sealing were a person applying for probate or letters of administration.
6. This Ordinance shall apply to probates and letters of administration granted in a British possession to which this Ordinance is applied, either before or after the passing of this Ordinance.
7. This Ordinance shall extend to authorise the sealing in the Colony of any probate or letters of administration granted by a British Court in a foreign country in like manner as it authorises the sealing of a probate or letters of administration granted in a British possession to which the Ordinance applies, and the provisions of this Ordinance shall apply accordingly with the necessary modifications.
Objects and Reasons.
The object of this Ordinance is to provide for the recog- nition in this Colony of Probates and Letters of Adminis- tration granted in other British Possessions in cases where, in such Possessions, reciprocal arrangements are made for the recognition of Probates granted in this Colony.
Such Probates and Letters of Administration, when sealed in the Supreme Court, will have the like force and effect as if granted in the Colony.
This Ordinance extends to British Possessions provisions similar to these already in force with regard to the United Kingdom by virtue of Ordinance 14 of 1892, and thus carries out the principles of the (Imperial) Colonial Pro- bates Act, 1892.
Title.
Recital
Certain fees and commis- sions to be
paid into the Colonial
Treasury by the Official Receiver.
Costs of A creditor who has prescrved by legal proceedings property of the debtor for the bucft of the credit- ors generally.
A BILL
ENTITLED
An Ordinance to further amend “The Bankruptcy Ordinance, 1891.”
WHEREAS by Schedule. B. of The Bankruptcy
Ordinance, 1891, certain fees and commissions. are provided for the remuneration of the Official Receiver in Bankruptcy on the appointment of a Trustee other than himself or for acting as Trustee; and whereas it is expedient that all fees, commissions and remuneration received by or payable to the Official Receiver shall henceforth be paid by him into the Colonial Treasury for the benefit of the general revenue, and that the said Ordinance should be otherwise amended. Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. All fees and commissions received by or payable to the Official Receiver in Bankruptcy under The Bankruptcy Ordinance, 1891, on the appointment of a Trustee other than himself or for acting as Trustee, and any remuneration received by the Official Receiver as an Interim Receiver or otherwise, shall be paid by such officer forthwith into the Colonial Treasury for the benefit of the general revenue of the Colony.
2. Whenever the Court shall be satisfied that property of a debtor in respect of whose estate a receiving order has been made has been preserved for the benefit of the creditors by means of legal proceedings brought by a creditor against the debtor without notice of any available act of bank- ruptcy committed by the debtor, the Court may, in its
No comments yet.
Private notes are available after approval.