Probate and Administration Ordinance

(1)
This section applies
to—
(a)
any deceased person who dies on or after 11 February 2006; and
(Amended
L.N. 210 of 2005
)
(b)
any property situated in Hong Kong when the deceased concerned dies.
(2)
The Secretary
may—
(a)
upon an application by the executor of a deceased person or the person entitled in priority to administer the estate; and
(b)
upon being satisfied by an affidavit of the applicant
that—
(i)
all properties beneficially owned by the deceased as at the date of his death are money not exceeding $50,000 in aggregate; and
(ii)
the deceased did not hold any property as trustee or as the manager of a Tso or Tong as at the date of his death,
issue to the applicant a confirmation notice in respect of the estate.
(3)
An affidavit under subsection (2)
shall—
(a)
exhibit a schedule in duplicate setting out all properties beneficially owned by the deceased as at the date of his death; and
(b)
verify the truthfulness and correctness of it and of the schedule exhibited by it to the best of the knowledge, information and belief of the person by whom it is sworn.
(4)
Where a confirmation notice is issued upon an application supported by an affidavit, a duplicate of the schedule exhibited by the affidavit under subsection (3) shall be attached to the confirmation notice.
(5)
Where—
(a)
a confirmation notice is issued under subsection (2) in respect of the
                    estate of a deceased person; and
(b)
the applicant for the confirmation notice is
subsequently—
(i)
aware of any property beneficially owned by the deceased as at the date
                        of his death which has not been disclosed in the schedule exhibited to the
                        affidavit concerned;
(ii)
aware that the deceased held any property as trustee or as the manager
                        of a Tso or Tong as at the date of his death; or
(iii)
aware of any inaccuracy in the schedule attached to the confirmation
                        notice,
the applicant shall, as soon as practicable, give a written notice of the
                fact to the Secretary.
(6)
If, at any time after issuing a confirmation notice under subsection (2), the Secretary is satisfied on reasonable ground (whether upon a notice given under subsection (5))
that—
(a)
the estate of the deceased concerned is not wholly made up of money not exceeding $50,000 beneficially owned by the deceased as at the date of his death;
(b)
the deceased held any property as trustee or as the manager of a Tso or Tong as at the date of his death; or
(c)
there is any material inaccuracy
in—
(i)
the affidavit filed in respect of the confirmation notice; or
(ii)
the schedule exhibited by such affidavit,
the Secretary may, by notifying the holder of the confirmation notice in writing, cancel the confirmation notice.
(7)
Where the Secretary cancels a confirmation notice under subsection (6), the holder of the notice shall surrender it to the Secretary as soon as practicable.
(8)
A person who contravenes subsection (7) commits an offence and shall be liable on conviction to a fine at level 1.
(9)
Where a confirmation notice issued under subsection (2) is in force,
section 60J(3)
, (6) and (7) shall not apply
to—
(a)
the taking possession or administration by the holder of the notice of any property which is set out in the schedule exhibited by the affidavit to which the confirmation notice relates; and
(b)
any act incidental to such taking possession or administration of property.
(10)
An application, affidavit, schedule or notice under this section shall be in such form as the Secretary may determine.