### Probate and Administration Ordinance 《遺囑認證及遺產管理條例》

67. Right to follow property and powers of the court in relation thereto
(1) An assent, transfer or conveyance by a personal representative to a person other than a purchaser does not prejudice the rights of any person to follow the property to which the assent, transfer or conveyance relates, or any property representing the same, into the hands of the person in whom it is vested by the assent, transfer or conveyance, nor of any other person (not being a purchaser) who may have received the same or in whom it may be vested.
(2) Notwithstanding any such assent, transfer or conveyance the court may, on the application of any creditor or other person interested—
(a) order a sale, exchange, mortgage, charge, lease, payment, transfer or other transaction to be carried out which the court considers requisite for the purpose of giving effect to the rights of the persons interested;
(b) declare that the person, not being a purchaser, in whom the property is vested is a trustee for those purposes;
(c) give directions respecting the preparation and execution of any conveyance or other instrument, or as to any other matter required for giving effect to the order;
(d) make any vesting order or appoint a person to convey in accordance with provisions of the Trustee Ordinance (Cap. 29).
(3) This section does not prejudice the rights of a purchaser or a person deriving title under him, but applies whether the testator or intestate died before or after the commencement* of this Ordinance.
[cf. 1925 c. 23 s. 38 U.K.] Editorial Note:
* Commencement date: 7 October 1971.

### Probate and Administration Ordinance 《遺囑認證及遺產管理條例》

69. Power to appoint trustees of infant’s property
(1) Where an infant is absolutely entitled under the will or on the intestacy of a person dying before or after the commencement* of this Ordinance (in this subsection called the deceased

70. Powers of personal representative as to giving possession of land and powers of the court
(1) A personal representative, before giving an assent or making a conveyance in favour of any person entitled, may permit that person to take possession of the land, and such possession shall not prejudicially affect the right of the personal representative to take or resume possession, nor his power to convey the land as if he were in possession thereof, but subject to the interest of any lessee, tenant or occupier in possession or in actual occupation of the land.
(2) Any person who, as against the personal representative, claims possession of immovable property, or the appointment of a receiver thereof, or a transfer or conveyance thereof, or an assent to the vesting thereof, or to be registered as proprietor thereof, may apply to the court for directions with reference thereto, and the court may make such vesting or other order as may be deemed proper, and the provisions of the Trustee Ordinance (Cap. 29), relating to vesting orders and to the appointment of a person to transfer or convey, shall apply.
(3) This section applies whether the testator or intestate dies before or after the commencement* of this Ordinance.
[cf. 1925 c. 23 s. 43 U.K.] Editorial Note:
* Commencement date: 7 October 1971.

71. Power to postpone distribution
Subject to the provisions of this Ordinance, a personal representative is not bound to distribute the estate of the deceased before the expiration of one year from the death.
[cf. 1925 c. 23 s. 44 U.K.]

72. Probate rules and orders
(1) The Chief Justice may make rules and orders (in this Ordinance referred to as probate rules and orders

73. Depositing and inspection of wills
All original wills and other documents which are under the control of the court in the Registry shall be deposited and preserved in such places as the Chief Justice may direct, and any wills or other documents so deposited shall, subject to the control of the court and the provisions of probate rules and orders, be open to inspection.
[cf. 1925 c. 49 s. 170 U.K.]

### Probate and Administration Ordinance 《遺囑認證及遺產管理條例》

74. Copy of will etc.
(Amended E.R. 5 of 2020)An official copy of the whole or any part of a will, or an official certificate of the grant of an administration, may be obtained from the Registry on the payment of such fees as may be fixed for the same by probate rules and orders.
[cf. 1925 c. 49 s. 171 U.K.]

75. Saving
(1) Nothing in this Ordinance shall be taken to affect the application of the provisions of—
(a) (Repealed 57 of 1995 s. 13)(b) the Administration of Estates by Consular Officers Ordinance (Cap. 191); or
(c) section 42 of the Police Force Ordinance (Cap. 232).
(2) The said provisions shall continue to apply to the same extent and with the same effect as if this Ordinance had not been enacted.
(3) (Repealed 57 of 1995 s. 13)

### Official Administrator’s Accounts (Interest) Rules 《遺產管理官帳目(利息)規則》

1. Citation
These rules may be cited as the Official Administrator’s Accounts (Interest) Rules.

2. Estates exceeding $150,000
Where the Official Administrator is administering an estate the total value of which exceeds $150,000 he shall credit to the estate all interest paid to him on moneys belonging to it.
(L.N. 279 of 1983; L.N. 126 of 1997)

3. Estates not exceeding $150,000
(1) Where the Official Administrator is administering an estate the total value of which does not exceed $150,000, and the administration of that estate is not completed within 3 months of the relevant grant of probate or administration or of the Official Administrator’s decision to administer the estate in a summary manner, the Official Administrator must credit to the estate interest on all moneys in the Official Administrator’s possession that belong to the estate. (76 of 1980 s. 24; L.N. 279 of 1983; L.N. 167 of 2013)
(1A) For the purposes of paragraph (1)—
(a) the rate of interest to be applied is the average interest rate on Hong Kong dollar savings deposits published by the Hong Kong Monetary Authority from time to time;
(b) different such rates apply to different periods, and each such rate is to have effect from the day it is published until the day immediately before a different such rate is published; and
(c) no interest is to be computed or credited on a fraction of $1. (L.N. 167 of 2013)
(2) Where the total value of an estate does not exceed $150,000 and the administration of the estate by the Official Administrator is completed within 3 months, no interest shall be paid by the Official Administrator on moneys belonging to the estate.
(3) (Repealed L.N. 167 of 2013)(L.N. 126 of 1997)