1923_PROBATES_ORDINANCE__1897 — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

816

Power to

Official Administrator to take

possession of property of deceased person until grant.

Estates of Americans.

Punishment of person unlawfully removing out of the Colony property of deceased person.

*

Lien on

property of deceased person for expenses incurred under s. 14.

No. 2 of 1897.

PROBATES.

14. (1) It shall be lawful for the Official Administrator, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, to receive or take possession of the private papers, moneys, goods, chattels, and other movable property whatsoever of any deceased person which may be found within the Colony, and to provide for the safe custody thereof, until probate of the will of such deceased person or administration of his estate has been granted by the court: Provided always that the Official Administrator may, in lieu thereof, if he thinks fit, issue forthwith a commission of appraisement of all or any of such property.

(2) In case of the death of any citizen of the United States of America in the Colony, without having in the Colony any known heirs or testamentary executors appointed by him, the Official Administrator shall at once inform the nearest consular officer of the said United States of the fact, in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear, either personally or by delegate, in all proceedings on behalf of the absent heirs or creditors until they are otherwise represented.

15. Every person who, without lawful authority or excuse in that behalf,

(1) removes or attempts to remove out of the Colony any such property as is mentioned in section 14; or

(2) destroys, conceals, or refuses to yield up any such property on demand to the Official Administrator,

shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to imprisonment, without hard labour, for any term not exceeding six months.

16. The Official Administrator shall have a lien, upon all property mentioned in section 14 for the reasonable expenses incurred by him in respect thereof in carrying out the provisions of the said section, and such expenses shall also constitute a primary charge on the estate of the deceased person.

* As amended by Law Rev. Ord., 1923.

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816 Power to Official Administrator to take possession of property of deceased person until grant. Estates of Americans. Punishment of person unlawfully removing out of the Colony property of deceased person. * Lien on property of deceased person for expenses incurred under s. 14. No. 2 of 1897. PROBATES. 14. (1) It shall be lawful for the Official Administrator, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, to receive or take possession of the private papers, moneys, goods, chattels, and other movable property whatsoever of any deceased person which may be found within the Colony, and to provide for the safe custody thereof, until probate of the will of such deceased person or administration of his estate has been granted by the court: Provided always that the Official Administrator may, in lieu thereof, if he thinks fit, issue forthwith a commission of appraisement of all or any of such property. (2) In case of the death of any citizen of the United States of America in the Colony, without having in the Colony any known heirs or testamentary executors appointed by him, the Official Administrator shall at once inform the nearest consular officer of the said United States of the fact, in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear, either personally or by delegate, in all proceedings on behalf of the absent heirs or creditors until they are otherwise represented. 15. Every person who, without lawful authority or excuse in that behalf, (1) removes or attempts to remove out of the Colony any such property as is mentioned in section 14; or (2) destroys, conceals, or refuses to yield up any such property on demand to the Official Administrator, shall upon summary conviction be liable to a fine not exceeding five hundred dollars, and to imprisonment, without hard labour, for any term not exceeding six months. 16. The Official Administrator shall have a lien, upon all property mentioned in section 14 for the reasonable expenses incurred by him in respect thereof in carrying out the provisions of the said section, and such expenses shall also constitute a primary charge on the estate of the deceased person. * As amended by Law Rev. Ord., 1923. Page 5 Page 6
Baseline (Original)
816 Power to Official Ad- ministrator to take possession of property of deceased person until grant. Estates of Americans. Punishment of person unlawfully removing out of the Colony property of <leceased person. * Lien on property of deceased person for expenses incurred under s. 14. No. 2 of 1897. PROBATES. 14. (1) It shall be lawful for the Official Administrator, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, to receive or take possession of the private papers, moneys, goods, chattels, and other movable property whatsoever of any deceased person which may be found within the Colony, and to provide for the safe custody thereof, until probate of the will of such deceased person or administration of his estate has been granted by the court: Provided always that the Official Administrator may, in lieu thereof, if he thinks fit, issue forthwith a commission of appraisement of all or any of such property. (2) In case of the death of any citizen of the United States of America in the Colony, without having in the Colony any known heirs or testamentary executors appointed by him, the Official Administrator shall at once inform the nearest consular officer of the said United States of the fact, in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear; either personally or by delegate, in all proceedings on behalf of the absent heirs or creditors until they are otherwise represented. 15. Every person who, without lawful authority or excuse in that behalf,- (1) removes or attempts to remove out of the Colony any such property as is mentioned in section 14; or (2) destroys, conceals, or refuses to yield up any such property on demand to the Official Administrator, shall upon summary conviction be liable to a fine not exceed- ing five hundred dollars, and to imprisonment, without hard labour, for any term not exceeding six months. 16. The Official Administrator shall have a lien, upon all property mentioned in section 14 for the reasonable expenses incurred by him in respect thereof in carrying out the provi- sions of the said section, and such expenses shall also constitute a primary charge on the estate of the deceased person. * As amended by Law Rev. Ord., 1923. Page 5Page 6
2026-05-03 11:12:06 · Baseline
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816

Power to

Official Ad- ministrator to take

possession of property of deceased person until grant.

Estates of Americans.

Punishment of person unlawfully removing out of the Colony property of <leceased person.

*

Lien on

property of deceased person for expenses incurred under s. 14.

No. 2 of 1897.

PROBATES.

14. (1) It shall be lawful for the Official Administrator, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, to receive or take possession of the private papers, moneys, goods, chattels, and other movable property whatsoever of any deceased person which may be found within the Colony, and to provide for the safe custody thereof, until probate of the will of such deceased person or administration of his estate has been granted by the court: Provided always that the Official Administrator may, in lieu thereof, if he thinks fit, issue forthwith a commission of appraisement of all or any of such property.

(2) In case of the death of any citizen of the United States of America in the Colony, without having in the Colony any known heirs or testamentary executors appointed by him, the Official Administrator shall at once inform the nearest consular officer of the said United States of the fact, in order that the necessary information may be immediately forwarded to persons interested. The said consular officer shall have the right to appear; either personally or by delegate, in all proceedings on behalf of the absent heirs or creditors until they are otherwise represented.

15. Every person who, without lawful authority or excuse in that behalf,-

(1) removes or attempts to remove out of the Colony any such property as is mentioned in section 14; or

(2) destroys, conceals, or refuses to yield up any such property on demand to the Official Administrator,

shall upon summary conviction be liable to a fine not exceed- ing five hundred dollars, and to imprisonment, without hard labour, for any term not exceeding six months.

16. The Official Administrator shall have a lien, upon all property mentioned in section 14 for the reasonable expenses incurred by him in respect thereof in carrying out the provi- sions of the said section, and such expenses shall also constitute a primary charge on the estate of the deceased

person.

* As amended by Law Rev. Ord., 1923.

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