Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 64

Charges to be paid primarily out of the property charged

(1) Where a person dies possessed of, or entitled to, or, under a general
power of appointment, by his will disposes of an interest in property which at
the time of his death is charged with the payment of money, whether by way of
legal mortgage, equitable charge or otherwise

(including lien for unpaid purchase money), and the deceased has not by will,
deed or other document signified a contrary or other intention, the interest
so charged shall, as between the different persons claiming through the
deceased, be primarily liable for the payment of the charge; and every part of
the said interest, according to its value, shall bear a proportionate part of
the charge on the whole thereof.

(2) Such contrary or other intention shall not be deemed to be signified-

   (a)  by a general direction for the payment of debts or of all the debts of
        the testator out of his movable property or of his residuary estate;
        or

   (b)  by a charge of debts upon any such estate, unless such intention is
        further signified by words expressly or by necessary implication
        referring to all or some part of the charge.

(3) Nothing in this section affects the right of a person entitled to the
charge to obtain payment or satisfaction thereof either out of the other
assets of the deceased or otherwise. [cf. 1925 c. 23 s. 35 U.K.]