Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 9

Registration and inspection of enduring power

(Past version on 30/06/1997).

Adaptation amendments retroactively made-see 25 of 1998 s. 2

(1) An application to register, for the purposes of section 4(2), an
instrument creating an enduring power must be made to the Registrar of the
High Court. (Amended 25 of 1998 s. 2)

(2) Where an application is made under subsection (1), the Registrar shall
register the instrument concerned, if he is satisfied that the instrument
purports to create an enduring power, the requirements in this Ordinance or in
any rules relating to the registration of such an instrument have been
complied with and the fee payable for such registration has been paid.

(3) The original and a certified copy of any instrument registered under this
section must be lodged with the Registrar.

(4) The Registrar shall keep a register of instruments which are registered
under this section, in a form approved by the Chief Justice.

(5) The Registrar shall-

   (a)  have the custody of-

        (i)    the register kept under subsection (4); and

        (ii)   any instrument registered under this section; and

   (b)  allow any person to inspect the register and the instruments during
        office hours and obtain copies thereof (sealed or otherwise) on
        payment of the fee payable therefor.

(6) The power to make rules under section 54 of the High Court  Ordinance (
Cap 4) includes a power to make rules of court (including rules
specifying fees) for the purposes of this section.   (Amended 25 of 1998 
s. 2)

(7) For the avoidance of doubt it is declared that-

   (a)  this section shall not be construed as requiring the Registrar to
        determine the validity of an instrument for the registration of which
        an application is made under subsection (1); and

   (b)  registration does not validate an enduring power which is invalid.
        ___________________________________________________________________________
        ______ Note: Please see the
        Enduring Powers of Attorney (Registration) Rules ( Cap 4 sub. leg. E).