308
Application of provisions relating to British probates.
Interpretation of terms relating to colonial probates.
Power to apply provisions relating to colonial probates to British Possession.
No. 2.] THE ORDINANCES OF HONGKONG: [A.D. 1.
and costs in the Court, shall apply to applications for sealing under section to the same extent and in the same manner as if the person applying for such sealing were a person applying to the Court for probate or administration.
68. The preceding provisions of this Part shall apply to probates and administrations granted in the United Kingdom either before or after the commencement of this Ordinance.
Colonial Probates.
69. In the provisions of this Part relating to colonial probates, unless the context otherwise requires,—
"Court of Probate" means any court or authority, by whatever name designated, having jurisdiction in matters of probate;
"Probate" and "administration" include any instrument having, in a British Possession, the same effect as, under the law of the Colony, is given to probate and administration respectively;
"Probate duty" includes any stamp or other duty payable on the value of the estate for which probate or administration is granted;
"British Court in a foreign country" means any British Court having jurisdiction out of Her Majesty's dominions in pursuance of an Order of Her Majesty-in-Council, whether made under an Act of Parliament or otherwise:
"British Possession" includes any part of a British Possession having a separate legislature.
70.—(1.) 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 administrations granted by the Court, direct by Order that the provisions of this Law relating to colonial probates shall, subject to any exceptions and modifications specified in the Order, apply to that Possession, and thereupon, while the Order is in force, those provisions shall apply accordingly.
GN30 m GG10/2/11 - 10/2/18.44; 7/41 pus 2/2/12/22.
Sealing of probate or administration granted in British Possession.
(2.) The Governor-in-Council may, by Order, revoke or alter any Order previously made under this Ordinance or under any Ordinance hereby repealed.
(3.) Every such Order-in-Council shall be published in The Gazette.
71.—(1.) Where a Court of Probate in a British Possession to which the provisions of this Part relating to colonial probates apply has granted probate or administration in respect of the estate of a deceased person, the probate or administration so granted may, on being
308
Application of provisions
relating to British
probates.
Interpretation of terms relating to
colonial
probates.
Power to
apply provi-
to colonial
probates to British
No. 2.]
THE ORDINANCES OF HONGKONG: [A.D. 1.
and costs in the Court, shall apply to applications for sealing under section to the same extent and in the same manner as if the person applies for such sealing were a person applying to the Court for prol or administration.
68. The preceding provisions of this Part shall apply to probates administrations granted in the United Kingdom either before or aft the commencement of this Ordinance.
Colonial Probates.
69. In the provisions of this Part relating to colonial probates, unle the context otherwise requires,—
"Court of Probate means any court or authority, by whate name designated, having jurisdiction in matters of probate "Probate" and "administration" include any instrument hay in a British Possession, the same effect as, under the law of Colony, is given to probate and administration respectively "Probate duty" includes any stamp or other duty payable. the value of the estate for which probate or administration granted: "British Court in a foreign country means any British Coun having jurisdiction out of Her Majesty's dominions in pursuano of an Order of Her Majesty-in-Council, whether: made under an Act of Parliament or otherwise :
".
>>
"British Possession" includes any part of a British Possesat having a separate legislature.
-
70.-(1.) The Governor-in-Council may, on being satisfied that sions relating legislature of any British Possession has made adequate provision the recognition in that Possession of probates and administrati granted by the Court, direct by Order that the provisions of this La relating to colonial probates shall, subject to any exceptions- Br 1 10 98% 1145 13.8516/48 modifications specified in the Order, apply to that Possession, and there
Op 1 0 8 9 ( 5. N. 3 5 6 / 40)
upon, while the Order is in force, those provisions shall apply accor ingly.
Possession.
GN30 m GG 10/2/11
-10/2/18.44
7/41 pus 2/2/12/22.
Sealing of probate or administra-
tion granted
in British
Possession,
(2.) The Governor-in-Council may, by Order, revoke or alter Order previously made under this Ordinance or under any Ordinan hereby repealed.
(3.) Every such Order-in-Council shall be published in The Gazett
71-(1.) Where a Court of Probate in a British Possession. which the provisions of this Part relating to colonial probates apply granted probate or administration in respect of the estate of a decea person, the probate or administration so granted may, on being
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