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

3. Jurisdiction of the court in probate and administration
(1) The court shall have jurisdiction in all matters relating to probate and administration of deceased’s estates, with power to grant probates of wills and letters of administration to the estates of deceased persons and to alter or revoke such grants. (Amended E.R. 5 of 2020)
(2) The court shall have jurisdiction to make a grant of probate or administration in respect of a deceased person notwithstanding that the deceased person left no estate. [cf. 1932 c. 55 s. 2 U.K.]
(3) The court shall have jurisdiction to reseal grants of probate and letters of administration made by a court of probate in any designated country or place in accordance with the provisions of Part IV of this Ordinance. (Amended 67 of 1999 s. 3)
(4) Where a testator gives, devises or bequeaths any part of his estate for unspecified charitable purposes, otherwise than on trust, the court shall have jurisdiction, on the application of the Secretary for Justice, to approve a scheme for the disposal of the gift, devise or bequest for such charitable purposes as it thinks fit. (Added 13 of 1995 s. 51. Amended L.N. 362 of 1997)

4. Sealing of documents
All probates, letters of administration, orders and other instruments, and copies thereof and all exemplifications and copies thereof, shall be sealed with the seal of the court; and any such document purporting to be so sealed shall be received in evidence in any proceedings without further proof thereof.
[cf. 1925 c. 49 s. 174(2) U.K.]

5. Registrar may exercise jurisdiction in certain cases
(1) Subject to section 6, a grant of probate or administration may be made, amended or resealed by the Registrar in the name and under the seal of the court.
(2) The Registrar may, in any case in which he has jurisdiction under this section, exercise all such powers as are ancillary thereto which the court or a judge may exercise in like circumstances.
(3) Nothing in this section shall—
(a) limit or prevent the exercise by a judge of any jurisdiction conferred upon the Registrar by this section; or
(b) confer upon the Registrar jurisdiction to revoke a grant.
(4) In this section and section 6, grant (授予書) means a grant, or the resealing of a grant, of probate or administration or any amendment thereof. (Amended E.R. 5 of 2020)

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

6. Restrictions upon exercise of jurisdiction by Registrar
(1) No grant shall be made by the Registrar under section 5—
(a) in any case in which there is contention, until the contention has been disposed of;
(b) if it appears to the Registrar that the grant ought not to be made without the direction of a judge; or
(c) if the person applying for the grant or to whom the grant has been made is the Official Administrator acting under Part II.
(2) The Registrar, where he exercises jurisdiction under section 5—
(a) shall refer the matter to a judge if it appears to the Registrar—
(i) to be doubtful whether or not a grant should be made;
(ii) that a grant ought not to be made without the direction of a judge; or 
(iii) that a question of special difficulty arises in relation to a grant; and
(b) may refer to a judge any matter which appears to him to be proper for the decision of a judge.
(3) If a matter is referred to a judge under subsection (2) the judge may either dispose of it himself or refer it back to the Registrar with such directions as he thinks fit.

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

7. Power of ordering production of testamentary writings
(1) The court may, on motion or petition or otherwise, in a summary way, whether any proceedings are or are not pending in the court with respect to any probate or administration, order any person to produce and bring into the Registry, or otherwise as the court may direct, any paper or writing being or purporting to be testamentary which may be shown to be in the possession or under the control of such person.
(2) If it is not shown that any such paper or writing is in the possession or under the control of such person, but it appears that there are reasonable grounds for believing that he has knowledge of any such paper or writing, the court may direct such person to attend for the purpose of being examined in open court or upon interrogatories respecting the same, and such person shall be bound to answer such questions or interrogatories, and, if so ordered, to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering such questions or interrogatories, or not bringing in such paper or writing, as he would have been subject to in case he had been a party to an action in the court and had made such default.
(3) The Registrar may, whether or not any proceedings are pending in the court, issue a subpoena requiring any person to produce and bring into the Registry any paper or writing being or purporting to be testamentary, which may be shown to be in the possession, within the power, or under the control of such person; and such person, upon being duly served with the said subpoena, shall be bound to produce and bring in such paper or writing, and shall be subject to the like process of contempt in case of default as if he had been a party to proceedings in the court, and had been ordered by a judge to produce and bring in such paper or writing. [cf. 1858 c. 95 s. 23 U.K.]
[cf. 1857 c. 77 s. 26 U.K.]

8. Summons of executor to prove or renounce
The court shall have power to summon any person named as executor in a will to prove or renounce probate of the will, and to do such other things concerning the will as the High Court in England may do with regard to such matters.
[cf. 1925 c. 49 s. 159 U.K.]

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

8A. Registrar may require information
The Registrar may—
(a) require any applicant for a grant to provide any information relating to the estate concerned, including but not limited to the value of the estate, which appears to the Registrar to be necessary for the purposes of the exercise of the jurisdiction under section 3; and
(b) require provision of such information in the form of an affidavit.
(Added 21 of 2005 s. 25)

9. Registrar to be Official Administrator
(1) The Registrar shall be ex officio Official Administrator under this Ordinance.
(2) In all cases the Official Administrator shall be subject to the immediate control and act under the direction of the court.
(3) The Official Administrator may employ a solicitor or other agent to do any business which may be sanctioned by the court.
(4) An application by the Official Administrator to the court may be made personally, and without notice or other formality; but the court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the court may direct.
(5) For the purpose of subsection (1), the term Registrar (司法常務官) does not include a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court, but the powers and duties of the Official Administrator may be exercised by a Senior Deputy Registrar, Deputy Registrar or Assistant Registrar of the High Court. (Amended 10 of 2005 s. 171; E.R. 5 of 2020)

10. Vesting of estate of deceased person in Official Administrator
Where any person dies, whether in Hong Kong or elsewhere, leaving estate in Hong Kong in respect of which he dies intestate, such estate shall vest in the Official Administrator who may, if he thinks fit, receive and take possession of the same until administration is granted in respect thereof.

11. Re-vesting of property on vacation of office
All property vested in the Official Administrator for the time being by virtue of any grant of administration made to him or any predecessor in office or otherwise shall, on his vacating or otherwise ceasing to hold the office, be deemed to be vested in his successor without any further transfer or conveyance.