Probate and Administration Ordinance

(1)
Where an inventory has been prepared under
section 60D(3)
in respect of a safe deposit box, the Secretary
may—
(a)
upon an application
made—
(i)
in a manner specified by him; and
(ii)
by—
(A)
the executor or any one of the executors of the deceased concerned;
(B)
a person who intends to apply for a grant in respect of the estate of the deceased concerned; or
(C)
(in the case of a jointly rented safe deposit box) a surviving renter of the safe deposit box; and
(b)
upon being satisfied
that—
(i)
a document (including a will or similar instrument) included in the inventory is necessary for or relevant to an application under
section 15
or
24(1)
or an application for sealing of a probate or letters of administration under
section 49
; or
(ii)
a document included in the
inventory—
(A)
belongs prima facie to a person other than the deceased who has an urgent need for the document; and
(B)
the removal of the document from the safe deposit box will not prejudice the legitimate interest of any person in the estate of the deceased,
issue to the applicant an Authorization for Removal from Bank Deposit Box specifying the document.
(2)
Where an inventory has been prepared under
section 60D(3)
in respect
                of a jointly rented safe deposit box with survivorship arrangement, the Secretary
may—
(a)
upon an application made in a manner specified by him by a surviving renter
                    of the safe deposit box;
(b)
upon being satisfied by an affidavit by the applicant that any document or
                    article included in the inventory belongs to the applicant; and
(c)
(where the applicant is neither the executor nor one of the executors of the
                    deceased concerned nor a person who intends to apply for a grant in respect of
                    the estate) upon production by the applicant of a written consent
of—
(i)
the executor or one of the executors of the deceased concerned;
                        or
(ii)
a person who intends to apply for a grant in respect of the estate of
                        the deceased concerned,
to the removal of the document or article from the safe deposit
                    box,
issue to the applicant an Authorization for Removal from Bank Deposit Box
                specifying the document or article.
(3)
For the avoidance of doubt, an authorization for removal can be issued under both subsections (1) and (2).
(4)
If—
(a)
the Secretary issues an authorization for removal in respect of a safe deposit box; and
(b)
the holder of the
authorization—
(i)
presents the authorization to the bank concerned; and
(ii)
produces sufficient proof of his identity to the bank,
the bank shall, subject to subsection (5), allow the holder of the authorization to, subject to the condition attached to the certificate under
section 60G(1)
(if any), take possession of the document or article specified in the authorization.
(5)
If a document specified in an authorization for removal is a will of the deceased concerned or similar instrument, the bank shall only allow the holder of the authorization to take possession of it under subsection (4) after placing a copy of it in the safe deposit box.