Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 60E

Authorization for removal

(1) Where an inventory has been prepared under section 60D(3) in respect of a
safe deposit box, the Secretary may—

   (a)  upon an application made—

        (i)    in a manner specified by him; and

        (ii)   by— (A) the executor or any one of the executors of the
               deceased concerned; (B) a person who intends to apply for a
               grant in respect of the estate of the deceased concerned; or
               (C) (in the case of a jointly rented safe deposit box) a
               surviving renter of the safe deposit box; and

   (b)  upon being satisfied that—

        (i)    a document (including a will or similar instrument) included in
               the inventory is necessary for or relevant to an application
               under section  15 or 24(1) or an application for sealing of a
               probate or letters of  administration under section 49; or

        (ii)   a document included in the inventory— (A) belongs prima facie
               to a person other than the deceased who has an urgent need for
               the document; and (B) the removal of the document from the safe
               deposit box will not prejudice the legitimate interest of any
               person in the estate of the deceased, issue to the applicant an
               Authorization for Removal from Bank Deposit Box specifying the
               document.

(2) Where an inventory has been prepared under section 60D(3) in respect of a
jointly rented safe deposit box with survivorship arrangement, the Secretary
may—

   (a)  upon an application made in a manner specified by him by a surviving
        renter of the safe deposit box;

   (b)  upon being satisfied by an affidavit by the applicant that any
        document or article included in the inventory belongs to the
        applicant; and

   (c)  (where the applicant is neither the executor nor one of the executors
        of the deceased concerned nor a person who intends to apply for a
        grant in respect of the estate) upon production by the applicant of a
        written consent of—

        (i)    the executor or one of the executors of the deceased concerned;
               or

        (ii)   a person who intends to apply for a grant in respect of the
               estate of the deceased concerned, to the removal of the
               document or article from the safe deposit box, issue to the
               applicant an Authorization for Removal from Bank Deposit Box
               specifying the document or article.

(3) For the avoidance of doubt, an authorization for removal can be issued
under both subsections (1) and (2).

(4) If—

   (a)  the Secretary issues an authorization for removal in respect of a safe
        deposit box; and

   (b)  the holder of the authorization—

        (i)    presents the authorization to the bank concerned; and

        (ii)   produces sufficient proof of his identity to the bank, the bank
               shall, subject to subsection (5), allow the holder of the
               authorization to, subject to the condition attached to the
               certificate under section 60G(1) (if any), take possession of
               the document or article specified in the authorization.

(5) If a document specified in an authorization for removal is a will of the
deceased concerned or similar instrument, the bank shall only allow the holder
of the authorization to take possession of it under subsection (4) after
placing a copy of it in the safe deposit box. (Part VA added 21 of 2005 s. 23)