Hong Kong Ordinances

PROBATE AND ADMINISTRATION ORDINANCE - SECT 70

Powers of personal representative as to giving possession of land and powers of the court

(1) A personal representative, before giving an assent or making a conveyance
in favour of any person entitled, may permit that person to take possession of
the land, and such possession shall not prejudicially affect the right of the
personal representative to take or resume possession, nor his power to convey
the land as if he were in possession thereof, but subject to the interest of
any lessee, tenant or occupier in possession or in actual occupation of the
land.

(2) Any person who, as against the personal representative, claims possession
of immovable property, or the appointment of a receiver thereof, or a transfer
or conveyance thereof, or an assent to the vesting thereof, or to be
registered as proprietor thereof, may apply to the court for directions with
reference thereto, and the court may make such vesting or other order as may
be deemed proper, and the provisions of the Trustee  Ordinance ( Cap 29),
relating to vesting orders and to the appointment of a person to transfer or
convey, shall apply.

(3) This section applies whether the testator or intestate dies before or
after the commencement of this Ordinance. [cf. 1925 c. 23 s. 43 U.K.]