Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 6

Restrictions upon exercise of jurisdiction by Registrar

(1) No grant shall be made by the Registrar under section 5-

   (a)  in any case in which there is contention, until the contention has
        been disposed of;

   (b)  if it appears to the Registrar that the grant ought not to be made
        without the direction of a judge; or

   (c)  if the person applying for the grant or to whom the grant has been
        made is the Official Administrator acting under Part II.

(2) The Registrar, where he exercises jurisdiction under section 5-

   (a)  shall refer the matter to a judge if it appears to the Registrar-

        (i)    to be doubtful whether or not a grant should be made;

        (ii)   that a grant ought not to be made without the direction of a
               judge; or

        (iii)  that a question of special difficulty arises in relation to a
               grant; and

   (b)  may refer to a judge any matter which appears to him to be proper for
        the decision of a judge.

(3) If a matter is referred to a judge under subsection (2) the judge may
either dispose of it himself or refer it back to the Registrar with such
directions as he thinks fit.