Cap. 191 《領事館官員管理遺產條例》Administration of Estates by Consular Officers Ordinance
生效中To make provision for the administration of estates by consular officers.
[15 March 1940]
(Format changes—E.R. 1 of 2013)
Preamble (Repealed 81 of 1999 s. 3)
1. Short title
This Ordinance may be cited as the Administration of Estates by Consular Officers Ordinance.
2. Administration of estates by Consular Officers
Whenever any subject or citizen of any State mentioned in the first column of the Schedule—
dies within Hong Kong, or
dies outside Hong Kong, leaving property within Hong Kong,
and no person is present in Hong Kong at the time of his death who is rightfully entitled to administer the estate of such deceased person, the consul, vice-consul, or consular agent of such State within Hong Kong may take possession and have the custody of the property of such deceased person, and may apply the same in payment of his debts and funeral expenses, and may retain the surplus for the benefit of the persons entitled thereto; but such consul, vice-consul, or consular agent shall immediately apply for, and shall be entitled to obtain from the court, letters of administration of the property of such deceased person, limited in such manner and for such time as to the court shall seem fit.
(Amended 81 of 1999 s. 3)
3. Variation of Schedule
The Chief Executive in Council may by order published in the Gazette vary the Schedule— (Amended L.N. 242 of 1994; L.N. 362 of 1997; 81 of 1999 s. 3; 26 of 2012 s. 11)
by adding thereto any State with whom the Government of the People’s Republic of China has entered into an agreement or arrangement which or any provision of which provides for the administration of estates by consular officers and which applies to Hong Kong; (Replaced 81 of 1999 s. 3)
by deleting therefrom any State when the provision of the agreement or arrangement with that State mentioned in the Schedule shall have ceased to have effect. (Replaced 81 of 1999 s. 3)
Schedule
[ss. 2 & 3](Amended E.R. 1 of 2013)Name ofState Title of agreementor arrangement Date of agreementor arrangement Provision 1. Canada Consular Agreement between the Government of the People’s Republic of China and the Government of Canada 28.11.1997 Article 10.3 (Added L.N. 167 of 2003) 2. Australia Agreement on Consular Relations between the People’s Republic of China and Australia 8.9.1999 Article 13.6 (Added L.N. 53 of 2005) 3. Socialist Republic of Vietnam Consular Convention between the Socialist Republic of Vietnam and the People’s Republic of China 19.10.1998 Article 41(3) (Added L.N. 56 of 2005) 4. Republic of India Consular Convention between the People’s Republic of China and the Republic of India 13.12.1991 Article 17(6) (Added L.N. 74 of 2009) 5. New Zealand Agreement on Consular Relations between the People’s Republic of China and New Zealand 26.10.2003 Article 14.6 (Added L.N. 77 of 2009) 6. Russian Federation Consular Convention between the People’s Republic of China and Russian Federation 25.4.2002 Article 17.6 (Added L.N. 80 of 2009) 7. Kingdom of Cambodia Consular Convention between the People’s Republic of China and the Kingdom of Cambodia 25.2.2010 Article 17.6 (Added L.N. 178 of 2015) 8. Republic of the Philippines Consular Agreement between the People’s Republic of China and the Republic of the Philippines 29.10.2009 Article 17.6 (Added L.N. 181 of 2015)
(Schedule replaced 81 of 1999 s. 3)