Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 60K

Exemption from section 60J for estate not exceeding $50000

(Past version on 11/02/2006).

(1) This section applies to—

   (a)  any deceased person who dies on or after 11 February 2006; and
        (Amended L.N. 210 of 2005)

   (b)  any property situated in Hong Kong when the deceased concerned dies.

(2) The Secretary may—

   (a)  upon an application by the executor of a deceased person or the person
        entitled in priority to administer the estate; and

   (b)  upon being satisfied by an affidavit of the applicant that—

        (i)    all properties beneficially owned by the deceased as at the
               date of his death are money not exceeding $50000 in aggregate;
               and

        (ii)   the deceased did not hold any property as trustee or as the
               manager of a Tso or Tong as at the date of his death, issue to
               the applicant a confirmation notice in respect of the estate.

(3) An affidavit under subsection (2) shall—

   (a)  exhibit a schedule in duplicate setting out all properties
        beneficially owned by the deceased as at the date of his death; and

   (b)  verify the truthfulness and correctness of it and of the schedule
        exhibited by it to the best of the knowledge, information and belief
        of the person by whom it is sworn.

(4) Where a confirmation notice is issued upon an application supported by an
affidavit, a duplicate of the schedule exhibited by the affidavit under
subsection (3) shall be attached to the confirmation notice.

(5) Where—

   (a)  a confirmation notice is issued under subsection (2) in respect of the
        estate of a deceased person; and

   (b)  the applicant for the confirmation notice is subsequently—

        (i)    aware of any property beneficially owned by the deceased as at
               the date of his death which has not been disclosed in the
               schedule exhibited to the affidavit concerned;

        (ii)   aware that the deceased held any property as trustee or as the
               manager of a Tso or Tong as at the date of his death; or

        (iii)  aware of any inaccuracy in the schedule attached to the
               confirmation notice, the applicant shall, as soon as
               practicable, give a written notice of the fact to the
               Secretary.

(6) If, at any time after issuing a confirmation notice under subsection (2),
the Secretary is satisfied on reasonable ground (whether upon a notice given
under subsection (5)) that—

   (a)  the estate of the deceased concerned is not wholly made up of money
        not exceeding $50000 beneficially owned by the deceased as at the date
        of his death;

   (b)  the deceased held any property as trustee or as the manager of a Tso
        or Tong as at the date of his death; or

   (c)  there is any material inaccuracy in—

        (i)    the affidavit filed in respect of the confirmation notice; or

        (ii)   the schedule exhibited by such affidavit, the Secretary may, by
               notifying the holder of the confirmation notice in writing,
               cancel the confirmation notice.

(7) Where the Secretary cancels a confirmation notice under subsection (6),
the holder of the notice shall surrender it to the Secretary as soon as
practicable.

(8) A person who contravenes subsection (7) commits an offence and shall be
liable on conviction to a fine at level 1.

(9) Where a confirmation notice issued under subsection (2) is in force,
section 60J(3), (6) and (7) shall not apply to—

   (a)  the taking possession or administration by the holder of the notice of
        any property which is set out in the schedule exhibited by the
        affidavit to which the confirmation notice relates; and

   (b)  any act incidental to such taking possession or administration of
        property.

(10) An application, affidavit, schedule or notice under this section shall be
in such form as the Secretary may determine. (Added 21 of 2005 s. 24)