Administration of Estates by Consular Officers Ordinance


Published: 2013-04-25

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Cap 191 - Administration of Estates by Consular Officers Ordinance 1

Chapter: 191 Administration of Estates by Consular Officers Ordinance Gazette Number Version Date

Long title E.R. 1 of 2013 25/04/2013


To make provision for the administration of estates by consular officers.


[15 March 1940]


(Originally 7 of 1940)
(*Format changes—E.R. 1 of 2013)

__________________________________________________________________________
Note:
* The format of the Ordinance has been updated to the current legislative styles.

Preamble (Repealed 81 of 1999 s. 3) 81 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 81 of 1999 s. 3

Section: 1 Short title E.R. 1 of 2013 25/04/2013


This Ordinance may be cited as the Administration of Estates by Consular Officers Ordinance.

Section: 2 Administration of estates by Consular Officers E.R. 1 of 2013 25/04/2013


Whenever any subject or citizen of any State mentioned in the first column of the Schedule-
(a) dies within Hong Kong, or
(b) dies outside Hong Kong, leaving property within Hong Kong,

and no person is present in Hong Kong at the time of his death who is rightfully entitled to administer the estate of
such deceased person, the consul, vice-consul, or consular agent of such State within Hong Kong may take possession
and have the custody of the property of such deceased person, and may apply the same in payment of his debts and
funeral expenses, and may retain the surplus for the benefit of the persons entitled thereto; but such consul, vice-
consul, or consular agent shall immediately apply for, and shall be entitled to obtain from the court, letters of
administration of the property of such deceased person, limited in such manner and for such time as to the court shall
seem fit.

(Amended 81 of 1999 s. 3)

Section: 3 Variation of Schedule E.R. 1 of 2013 25/04/2013


The Chief Executive in Council may by order published in the Gazette vary the Schedule- (Amended L.N. 242 of
1994; L.N. 362 of 1997; 81 of 1999 s. 3; 26 of 2012 s. 11)

(a) by adding thereto any State with whom the Government of the People's Republic of China has entered into
an agreement or arrangement which or any provision of which provides for the administration of estates by
consular officers and which applies to Hong Kong; (Replaced 81 of 1999 s. 3)

(b) by deleting therefrom any State when the provision of the agreement or arrangement with that State
mentioned in the Schedule shall have ceased to have effect. (Replaced 81 of 1999 s. 3)


Schedule: Schedule L.N. 178 of 2015;

L.N. 181 of 2015
11/12/2015



[sections 2 & 3]
(Amended E.R. 1 of 2013)


Name of Title of agreement Date of agreement Provision



Cap 191 - Administration of Estates by Consular Officers Ordinance 2

State or arrangement or arrangement




1. Canada Consular Agreement between
the Government of the
People’s Republic of China
and the Government of Canada

28.11.1997 Article 10.3

(Added L.N. 167 of 2003)
2. Australia Agreement on Consular

Relations between the
People’s Republic of China
and Australia

8.9.1999 Article 13.6

(Added L.N. 53 of 2005)
3. Socialist Republic

of Vietnam
Consular Convention between
the Socialist Republic of
Vietnam and the People’s
Republic of China

19.10.1998 Article 41(3)

(Added L.N. 56 of 2005)
4. Republic of India Consular Convention between

the People’s Republic of
China and the Republic of
India

13.12.1991 Article 17(6)

(Added L.N. 74 of 2009)
5. New Zealand Agreement on Consular

Relations between the
People’s Republic of China
and New Zealand

26.10.2003 Article 14.6

(Added L.N. 77 of 2009)
6. Russian Federation Consular Convention between

the People’s Republic of
China and Russian Federation

25.4.2002 Article 17.6

(Added L.N. 80 of 2009)
7. Kingdom of Cambodia Consular Convention between

the People’s Republic of
China and the Kingdom of
Cambodia

25.2.2010 Article 17.6

(Added L.N. 178 of 2015)
8. Republic of the Philippines Consular Agreement between

the People’s Republic of
China and the Republic of the
Philippines

29.10.2009 Article 17.6

(Added L.N. 181 of 2015)
(Schedule replaced 81 of 1999 s. 3)

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