Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 15A

Affidavit concerning assets and liabilities of estate relating to summary administration

(Past version on 11/02/2006).

(1) In this section—

   (a)  “assets” means assets in the form of real property or personal
        property situated in Hong Kong;

   (b)  “liabilities”, in relation to a deceased person, means—

        (i)    liabilities contracted by the deceased in Hong Kong to persons
               ordinarily resident in Hong Kong; or

        (ii)   any other liabilities contracted by the deceased and charged on
               any property of the deceased situated in Hong Kong.

(2) An application to the Official Administrator for the exercise of his power
under section 15 to get in and administer the estate of a person who dies on
or after 11 February 2006 shall be supported by an affidavit sworn by the
applicant and filed by the applicant with the Registry. (Amended L.N. 210 of
2005)

(3) An affidavit referred to in subsection (2) shall exhibit a schedule
setting out the assets and liabilities of the deceased as at the date of his
death (including assets and liabilities of the deceased in the capacity of a
trustee or the manager of a Tso or Tong) known to the applicant.

(4) If, at any time before or after the Official Administrator exercises his
power under section 15, any inaccuracy in a schedule exhibited under
subsection (3) or an additional schedule exhibited under subsection (5) comes
to the knowledge of the applicant concerned, he shall file a corrective
affidavit with the Registry.

(5) A corrective affidavit referred to in subsection (4) shall exhibit an
additional schedule setting out—

   (a)  the details of the inaccuracy in a schedule exhibited under subsection
        (3) or an additional schedule exhibited under this subsection; and

   (b)  (where applicable) the assets and liabilities of the deceased as at
        the date of his death known to the applicant that should have been set
        out in that schedule but are not so set out.

(6) An affidavit or corrective affidavit referred to in subsection

(2) or (4) shall verify the truthfulness and correctness of the schedule or
additional schedule exhibited by it to the best of the knowledge, information
and belief of the person by whom it is sworn.

(7) An affidavit, a corrective affidavit, a schedule or an additional schedule
referred to in this section shall be in a form specified by the Registrar by
general notice published in the Gazette. (Added 21 of 2005 s. 26) “assets”
“liabilities”