651343-1892-Bills-Appropriation-1893-Supplementary — Page 4

THE HONGKONG GOVERNMENT GAZETTE, 19TH NOVEMBER, 1892.

A BILL

ENTITLED

An Ordinance to provide for the recognition in the Colony of Probates and Letters of Administration granted in the United Kingdom.

E it enacted by the Governor of Hongkong, with the

Bait

as follows:-

1. This Ordinance may be cited as The United Kingdom Probates Ordinance, 189

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2. (1) Where a Court of Probate in the United King- dom 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.

(2) Provided that the Court shall, before sealing a pro- bate 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 pro- bate duty in the Colony; and

(b) in the case of letters of administration, that se- curity 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 may require such evidence, if any, as it thinks fit as to the domicile of the deceased person.

(3) The Court may also, if it thinks fit, on the applica- tion of any creditor, require, before sealing, that adequate security be given for the payment of debts due from the estate to creditors residing in the Colony.

(4) 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 1 correct by or under the authority of the Court granting the

same, shall have the same effect as the original.

(5) All Ordinances, euactmits 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 applications for seal- ing 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.

3. This Ordinance shall apply to probates and letters of administration granted in' the United Kingdom either before or after the passing of this Ordinance.

4. In this Ordinance the expression "Court of Probate": means any court or authority, by whatever name designated, having jurisdiction in matters of probate, and in Scotland means the Sheriff Court of the County of Edinburgh.

The expressions "probate" and "letters of adminis- tration" include confirmation in Scotland.

Title

Short title.

Sealing in the Colony of probatos and letters of ad- ministration granted in the United Kingdom.

Application of Ordinance to probate, &c. already granted

Definitions.

889

Objects and Reasons.

Objects. To empower the Supreme Court in its Probate Jurisdiction to seal probates or letters of administration granted in the United Kingdom and to give effect to them as if granted in this Colony.

Reasons. By the Imperial "Colonial Probates Act 1892" (55 Vie., ch. 6) provision is made for sealing in the Courts of the United Kingdom probates and letters of administration granted in British Possessions, but the Act is not to apply until Her Majesty is satisfied that the legis- lature of any British possession has made adequate provision for the recognition of probates, etc., granted in the United Kingdom; and has by Order in Council directed the applica- tion of the Act.

The present bill is, so far as regards this Colony, the reciprocal measure contemplated by the Imperial Act.