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

12. Interim possession of property and deaths of foreign nationals
(1)  The Official Administrator may, whenever he thinks it expedient to do so and upon such evidence of death as he deems sufficient, take possession of the movable property of a deceased person which may be found within Hong Kong, and provide for the safe custody thereof until probate of the will of such deceased person or administration of his estate has been granted by the court:
Provided that the Official Administrator may, in lieu thereof if he thinks fit, issue forthwith a commission of appraisement of all or any of such property. 
(2) In the case of the death of any person who is the national of a State to which section 3 of the Consular Conventions Ordinance (Cap. 267) applies, the Official Administrator shall, as soon as conveniently may be after the fact of such death has come to his knowledge, inform the nearest consular officer of the State of the same. (Amended 67 of 1999 s. 3)
(3) (Repealed 67 of 1999 s. 3)

13. Unlawfully removing property of deceased from Hong Kong
Any person who, without lawful authority or reasonable excuse—
(a) removes or attempts to remove out of Hong Kong any such property as is mentioned in section 12; or
(b) destroys, conceals, or refuses to yield up any such property on demand to the Official Administrator,
shall be guilty of an offence and shall be liable on conviction to a fine at level 1 and to imprisonment for 6 months.
(Amended E.R. 5 of 2020)

14. Lien on property of deceased person for expenses incurred under section 12
The Official Administrator shall have a lien upon all property mentioned in section 12 for the reasonable expenses incurred by him in carrying out the provisions of that section, and such expenses shall also constitute the first charge on the estate of the deceased person, before the payment of debts having priority.

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

15. Summary administration of estates not exceeding $150,000
(1) The Official Administrator may, where the whole of an estate does not, in his opinion, exceed $150,000 in value, without any legal formality, get in and administer the same in a summary manner, for the benefit of the persons he may deem interested therein, without a grant or other legal formality. (Amended 44 of 1983 s. 2; 6 of 1996 s. 2)
(2) Any balance of such estate which remains unclaimed shall be paid to the Treasury and, at the expiration of 5 years from the date of the getting in of the estate, be transferred to the general revenue. (Added 71 of 1971 s. 3. Amended 67 of 1999 s. 3; E.R. 5 of 2020)

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

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.
(Added 21 of 2005 s. 26)

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

16. Cases in which Official Administrator is entitled to administration
(1) On application made by the Official Administrator, the court shall, unless it sees good reason to the contrary, grant to him administration in any of the following cases—
(a) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and no next of kin of such person are resident in Hong Kong;
(b) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and the next of kin of such person who is resident in Hong Kong files in the Registry a request for or consent to the making of such grant, in writing signed by him;
(c) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and no person has, within 12 months after the death of such person, obtained administration of his estate; and (Amended E.R. 5 of 2020)
(d) where a person dying intestate, whether in Hong Kong or elsewhere, has left property situate in Hong Kong and the next of kin is resident in Hong Kong and is an infant.
(2) The provisions of this section shall apply, with the necessary modifications, in the case of a person who dies testate, whether in Hong Kong or elsewhere, but without appointing an executor, or whose executor, if appointed, refuses, neglects, or is unable to act.

17. Saving as to estates of certain persons
(1) Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any deceased seaman or apprentice for the administration of whose estate provision is made by any Act. (Amended 2 of 2012 s. 3)
(2) Nothing in this Ordinance shall be construed to enable or require the Official Administrator to obtain administration of the estate of any person dying in the Chinese People’s Liberation Army for the administration of whose estate provision is made by any law of the Mainland. (Added 2 of 2012 s. 3)
(3) In this section, Mainland (內地) means any part of China other than Hong Kong, Macau and Taiwan. (Added 2 of 2012 s. 3)

18. Power of limiting grant
Any grant made to the Official Administrator under this Ordinance may be limited in such manner as the court may direct.