Hong Kong Regulations

DISTRICT COURT SUITORS' FUNDS RULES - RULE 11

Payment out, transfer, etc. of fund to personal representative of person entitled to payment

(1) When funds in court are by an order directed to be paid, transferred or
delivered to any person named or described in an order or in a certificate of
the Registrar (except to a person therein expressed to be entitled to such
funds as trustee, executor or administrator, or otherwise than in his own
right or for his own use), such funds or any portion thereof for the time
being remaining unpaid or untransferred or undelivered may, unless the order
otherwise directs, on proof of the death of such person whether on or after
the date of such order or in the case of payment directed to be made to a
creditor as such before the date of such order, be paid or transferred or
delivered to the legal personal representatives of such deceased person or to
the survivors of them.

(2) If no administration has been taken out to such deceased person who has
died intestate and whose assets do not exceed the value of $5000 including the
amount of the funds directed to be so paid, transferred or delivered to him,
such funds may be paid, transferred or delivered to the person who being
widow, child, father, mother, brother or sister of the deceased would be
entitled to take out administration to his estate upon a declaration by such
person in Form 6 in the Schedule.

(3) When funds in court are by an order directed to be paid, transferred or
delivered to any persons as legal personal representatives, such funds or any
portion thereof for the time being remaining unpaid, untransferred or
undelivered may, upon proof of the death of any of such representatives,
whether on or after the date of such order be paid, transferred or delivered
to the survivors of them.

(4) No funds shall under this rule be paid, transferred or delivered out of
court to the legal personal representatives of any person under any probate or
letters of administration purporting to be granted at any time subsequent to
the expiration of two years from the date of the order directing such payment,
transfer or delivery, or in case such funds consist of interest or dividends,
from the date of the last receipt of such interest or dividends under such
order.