643696-1895-Ordinances-Nos-22-23-24-and-25-assented-to — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, 14TM DECEMBER, 1895.

Tilla.

Short titla.

Definitions.

Application of Ordinance by Order in Council.

Order in Council.

Sesling in the Colony of probates and Jotters of administra- tion granted in a British possession.

No. 23 of 1895.

An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legislative Council thereof, to provide for the recognition in the Colony of Probates and Letters of Administration granted in British Possessions.

LS

WILLIAM ROBINSON,

Governor.

[11th December, 1895.]

E it enacted by the Governor of Hongkong, with the

BE advice and consent of the Legislative Council thereof,

as follows:-

1. This Ordinance may be cited as The British Posses- sions Probate Ordinance, 1895.

2. In this Ordinance-

The expression "Court of Probate ́ means any Court or authority by whatever name designated, having jurisdiction in matters of probate :

The expressions "probate" and "letters of administra- tion" include any instrument having, in a British possession, the same effect as under the law of the Colony is given to probate and letters of administration respectively:

The expression "probate duty" includes any stamp or other duty payable on the value of the estate and effects for which probate or letters of administra- tion is or are granted :

The expression "British Court in a foreign country

means any British Court having jurisdiction out of the Queen's dominions in pursuance of an Order of Her Majesty in Council whether made under any Act, or otherwise :

The expression "British possession" includes any part of a British possession having a separate legisla-

ture.

3. The Governor in Council may, on being satisfied that the legislature of any British possession has made adequate provision for the recognition in that possession of probates and letters of administration granted by the Supreme Court, direct by Order that this Ordinance shall, subject to any exceptions and modifications specified in the Order, apply to that possession, and thereupon, while the Order is in force, this Ordinance shall apply accordingly.

4. Every such Order in Council shall be published in the Gazette.

The Governor in Council may revoke or alter any Order- previously made under this Ordinance.

5. (1) Where a Court of Probate in a British Posses- sion to which this Ordinance applies has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to and a copy thereof deposited with the Supreme Court of this Colony, be sealed with the seal of that Court, and, thereupon, shall be of the like force and effect, and have the same operation in the Colony, as if granted by that Court.

(ii) Provided that the Court shall, before sealing a probate or letters of administration under this section, be satisfied-

(a) that probate duty has been paid in respect of so much (if any) of the estate as is liable to probate duty in the Colony; and

(b) in the case of letters of administration, that security has been given in a sum sufficient in amount to cover the property (if any) in the Colony to which the letters of administration relate;

and the Court may require such evidence (if any) as it thinks fit as to the domicile of the deceased person.