Full legislation
s.15A
Affidavit concerning assets and liabilities of estate relating to summary administration
(1)
In this
section—
(a)
assets
(
資產
) means assets in the form
of real property or personal property situated in Hong Kong;
(Amended
E.R. 5 of 2020
)
(b)
liabilities
(
負債
), in relation
to a deceased person,
means—
(Amended
E.R. 5 of 2020
)
(i)
liabilities contracted by the deceased in Hong Kong to persons ordinarily resident in Hong Kong; or
(ii)
any other liabilities contracted by the deceased and charged on any property of the deceased situated in Hong Kong.
(2)
An application to the Official Administrator for the exercise of his power under
section 15
to get in and administer the estate of a person who dies on or after 11 February 2006 shall be supported by an affidavit sworn by the applicant and filed by the applicant with the Registry.
(Amended
L.N. 210 of 2005
)
(3)
An affidavit referred to in subsection (2) shall exhibit a schedule setting out the assets and liabilities of the deceased as at the date of his death (including assets and liabilities of the deceased in the capacity of a trustee or the manager of a Tso or Tong) known to the applicant.
(4)
If, at any time before or after the Official Administrator exercises his power under
section 15
, any inaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under subsection (5) comes to the knowledge of the applicant concerned, he shall file a corrective affidavit with the Registry.
(5)
A corrective affidavit referred to in subsection (4) shall exhibit an additional schedule setting
out—
(a)
the details of the inaccuracy in a schedule exhibited under subsection (3) or an additional schedule exhibited under this subsection; and
(b)
(where applicable) the assets and liabilities of the deceased as at the date of his death known to the applicant that should have been set out in that schedule but are not so set out.
(6)
An affidavit or corrective affidavit referred to in subsection (2) or (4) shall verify the truthfulness and correctness of the schedule or additional schedule exhibited by it to the best of the knowledge, information and belief of the person by whom it is sworn.
(7)
An affidavit, a corrective affidavit, a schedule or an additional schedule referred to in this section shall be in a form specified by the Registrar by general notice published in the Gazette.