1984 Ed.]
New Territories
[CAP. 97
7
recognized by established local custom, or for dwelling-houses occupied by bona fide members of the clan, family or t'ong, be required to be registered under the Companies Ordinance, although such clan, family or t'ong may consist of more than 20 members.
(Amended, 51 of 1911; 13 of 1912, Schedule; 43 of 1912, Supp. Schedule, G.N. 246/13; 33 of 1939, Schedule; 5 of 1924, Schedule, and 20 of 1948, s. 4)
17. In the event of the death of any person in whose name any land is registered otherwise than as a manager, if no grant of probate or administration of the estate of the deceased is made by the High Court within 3 months after such death, the Land Officer, on ascertaining the name of the person who is entitled to such land in succession to the deceased person (hereinafter called the successor), and on being satisfied that any estate duty which may be due has been paid, shall register the name of the successor, and upon such registration being effected the said land shall vest in the successor for all the estate and interest of the deceased person therein, or for such estate and interest as shall be entered on the register by the Land Officer against the entry of the name of the successor. On the registration of a successor, the fees fixed by regulations shall be paid to the Land Officer by the successor, but no probate fees shall be payable, anything in the Probate and Administration Ordinance to the contrary notwithstanding. The registered successor shall be liable for the debts of the deceased in the same manner and to the same extent as if a grant of probate or administration had been made to him:
Provided that if a grant of probate or administration of the estate of the deceased is made by the High Court within the period above specified, the grantee therein named shall be registered as the successor and the fees referred to in this section shall not be payable.
(Amended, 50 of 1911; 51 of 1911; 12 of 1912, Schedule; 13 of 1912, Schedule; 43 of 1912, Supp. Schedule, G.N. 246/13; 38 of 1935, s. 3, and 33 of 1939, Schedule)
18. Whenever any land is vested in a minor, it shall be lawful for the Land Officer to appoint some fit person to be a trustee thereof for such minor during his minority and to remove any such trustee and to appoint any new trustee. Every such appointment shall be registered by the Land Officer in the appropriate New Territories Land Office, and upon registration the land the subject of the trust shall vest in the registered trustee for all the estate and interest of the minor therein, and upon registration of the removal of any trustee the land shall divest from the trustee so removed and vest in the continuing trustee or any newly registered trustee as the case may be. The Land Officer before registering a trustee may require him to give security in such manner and to such amount as he may think fit for the due execution of the trust. With the consent of the Land Officer a trustee may buy, sell, mortgage, lease or otherwise deal with or dispose of any property to the like extent as if he were
Cap. 324
Registration
of successors to deceased landholder where no probate granted. for. Cap. 10]
Cap. 104
Power to appoint trustees for
minors.
1984 Ed.]
New Territories
[CAP. 97
7
recognized by established local custom, or for dwelling-houses occupied by bona fide members of the clan. family or 'ong, be required to be registered under the Companies Ordinance, although such clan, family or t'ong may consist of more than 20 members.
(Amended, 51 of 1911; 13 of 1912, Schedule; 43 of 1912. Supp. Schedule, G.N. 246|13; 33 of 1939, Schedule; 5 of 1924, Schedule, and 20 of 1948, s. 4)
17. In the event of the death of any person in whose name any land is registered otherwise than as a manager, if no grant of probate or administration of the estate of the deceased is made by the High Court within 3 months after such death, the Land Officer, on ascertaining the name of the person who is entitled to such land in succession to the deceased person (hereinafter called the successor), and on being satisfied that any estate duty which may be due has been paid, shall register the name of the successor, and upon such registration being effected the said land shall vest in the successor for all the estate and interest of the deceased person therein, or for such estate and interest as shall be entered on the register by the Land Officer against the entry of the name of the successor. On the registration of a successor, the fees fixed by regulations shall be paid to the Land Officer by the successor, but no probate fees shall be payable, anything in the Probate and Administration Ordinance to the contrary notwithstanding. The registered successor shall be liable for the debts of the deceased in the same manner and to the same extent as if a grant of probate or administration had been made to him:
Provided that if a grant of probate or administration of the estate of the deceased is made by the High Court within the period above specified, the grantee therein named shall be registered as the successor and the fees referred to in this section shall not be payable.
(Amended, 50 of 1911; 51 of 1911: 12 of 1912, Schedule: 13 of 1912, Schedule; 43 of 1912, Supp. Schedule, G.N. 246, 13; 38 of 1935, s. 3, and 33 of 1939, Schedule)
18. Whenever any land is vested in a minor, it shall be lawful for the Land Officer to appoint some fit person to be a trustee thereof for such minor during his minority and to remove any such trustee and to appoint any new trustee. Every such appointment shall be registered by the Land Officer in the appropriate New Territories Land Office, and upon registration the land the subject of the trust shall vest in the registered trustee for all the estate and interest of the minor therein, and upon registration of the removal of any trustee the land shall divest from the trustee so removed and vest in the continuing trustee or any newly registered trustee as the case may be. The Land Officer before registering a trustee may require him to give security in such manner and to such amount as he may think fit for the due execution of the trust. With the consent of the Land Officer a trustee may buy, sell, mortgage, lease or otherwise deal with or dispose of any property to the like extent as if he were
Cap. 324
Registration
of successors to deceased landholder where no probate granted. for. Cap. 11. THďa, 40]
Cap. 104
Power to appoint trustees for
minors.
No comments yet.
Private notes are available after approval.