Hong Kong Ordinances

CONSULAR CONVENTIONS ORDINANCE - SECT 3

Powers of consular officers in relation to property in Hong Kong of deceased persons

(1) Where any person who is a national of a State to which this section
applies is named as executor in the will of a deceased person disposing of
property in Hong Kong, or is otherwise a person to whom a grant of
representation to the estate in Hong Kong of a deceased person may be made,
then if the court is satisfied, on the application of a consular officer of
the said State, that the said national is not resident in Hong Kong, and if no
application for a grant of such representation is made by a person duly
authorized by power of attorney to act for him in that behalf, the court shall
make to that officer any such grant of representation to the estate of the
deceased as would be made to him if he were so authorized as aforesaid.

(2) Where any person who is a national of a State to which this section
applies-

   (a)  is entitled to any money or other property in Hong Kong forming part
        of the estate of a deceased person, or to receive payment in Hong Kong
        of any money becoming due on the death of a deceased person; or

   (b)  is among the persons to whom any money or other property of a deceased
        person may under any Ordinance, whether passed before or after the
        commencement of this Ordinance, be paid or delivered without grant of
        probate or other proof of title, then if the said national is not
        resident in Hong Kong a consular officer of that State shall have the
        like right and power to receive and give a valid discharge for any
        such money or property as if he were duly authorized by power of
        attorney to act for him in that behalf: Provided that no person shall
        be authorized or required by this subsection to pay or deliver any
        money or property to a consular officer if it is within his knowledge
        that any other person in Hong Kong has been expressly authorized to
        receive that money or property on behalf of the said national.
        (Amended 26 of 1971 s.76) [cf. 1949 c.29 s.1 U.K.]