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

46. Power to require administrators to produce sureties
As a condition of granting administration to any person the court may, subject to the provisions of section 47 and subject to and in accordance with probate rules and orders, require one or more sureties to guarantee that they will make good, within any limit imposed by the court on the total liability of the surety or sureties, any loss which any person interested in the administration of the estate of the deceased may suffer in consequence of a breach by the administrator of his duties as such.
[cf. 1925 c. 49 s. 167(1) U.K.]

47. Effect of guarantee
(1) A guarantee given in pursuance of any requirement under section 46 shall ensure for the benefit of every person interested in the administration of the estate of the deceased as if contained in a contract under seal made by the surety or sureties with every such person and, where there are two or more sureties, as if they had bound themselves jointly and severally.
(2) No action shall be brought on any such guarantee without the leave of the court.
(3) No sureties shall be required where administration is granted to the Official Administrator or to the consular officer of a State to which section 3 of the Consular Conventions Ordinance (Cap. 267) applies or in such other cases as may be prescribed by probate rules and orders.
[cf. 1925 c. 49 s. 167(2) U.K.]

48. Interpretation
In this Part—
court of probate (遺囑認證法院) means any court or authority, by whatever name designated, having jurisdiction in matters of probate;
designated country or place (指定國家或地方) means a country or place specified in Schedule 2; (Added 67 of 1999 s. 3)
estate duty (遺產稅) includes any duty payable on the value of the estate and effects for which probate or letters of administration is or are granted;
probate (遺囑認證) and letters of administration (遺產管理書) mean any instrument having in any designated country or place the same effect which under the laws of Hong Kong is given to probate and letters of administration respectively. (Replaced 67 of 1999 s. 3)
(Amended 67 of 1999 s. 3)

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

49. Sealing of grants by Courts outside Hong Kong
Where a court of probate in a designated country or place has granted probate or letters of administration in respect of the estate of a deceased person, the probate or letters so granted may, on being produced to, and a copy thereof deposited with, the court, be sealed with the seal of the court, and thereupon shall be of the like force and effect, and have the same operation in Hong Kong as if granted by that court.
(Amended 67 of 1999 s. 3)

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

49AB. Registrar to provide the Commissioner of Inland Revenue with information in application for sealing of non-local grants
Within 1 month of the receipt of an application for sealing a grant under section 49 in respect of the estate of a person who dies on or after 11 February 2006, the Registrar shall provide the Commissioner of Inland Revenue with such information supplied by the applicant for the purposes of the application as the Commissioner may require for the purposes of the Inland Revenue Ordinance (Cap. 112).
(Added 21 of 2005 s. 21. Amended L.N. 210 of 2005)

49A. Amendment of Schedule 2
(1) The Chief Executive in Council may, by order in the Gazette, add to or delete from Schedule 2 the name of a country or place if he is satisfied that the condition in subsection (2) is complied with or has ceased to be complied with (as the case may be) in respect of that country or place.
(2) The condition referred to in subsection (1) is that, in the event of the benefits conferred by this Part being applied to probate and letters of administration granted by the court of a country or place outside Hong Kong, similar benefits will in that country or place be applied to probate and letters of administration granted by the court of Hong Kong.
(Added 67 of 1999 s. 3)

50. Conditions to be fulfilled before sealing
The court shall, before sealing a probate or letters of administration under this Part, be satisfied that estate duty has been paid in respect of so much, if any, of the estate as is liable to estate duty in Hong Kong and may require such evidence if any as it thinks fit as to the domicile of the deceased person.

51. Application of sections 46 and 47
As a condition of sealing letters of administration under this Part, the court may exercise the powers conferred on the court by sections 46 and 47 in the same manner as if it were granting an administration under this Ordinance.

52. Duplicate or copy admissible
For the purposes of this Part, a duplicate of any probate or letters of administration sealed with the seal of the court granting the same, or a copy thereof certified as correct by or under the authority of the court granting the same, shall have the same effect as the original.

53. Rights of action of personal representative
Subject to the provisions of any other Ordinance, a personal representative has the same power to sue in respect of all causes of action vested in and surviving the deceased.
[cf. 1934 c. 41 s. 1 U.K.]

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

54. Power of personal representative to dispose of property
(1) No conveyance of immovable property of a deceased person dying after the commencement* of this Ordinance shall be made without the concurrence of all the personal representatives of the deceased or an order of the court.
(2) Notwithstanding subsection (1), where probate is granted to one or some of two or more persons named as executors, whether or not power is reserved to the other or others to prove, any conveyance of the immovable property may be made by the proving executor or executors for the time being, without an order of the court, and shall be as effectual as if all the persons named as executors had concurred therein.
(3) Save where subsection (1) or (2) applies, where there are several personal representatives the powers of all may, in the absence of any direction to the contrary in the will or grant of administration, be exercised by any one of them.
(4)  A personal representative may charge, mortgage or otherwise dispose of any property vested in him, as he may think proper, subject to any restriction which may be imposed in this behalf by the will of the deceased and to the provisions of this section:
Provided that an executor may dispose of any property notwithstanding any restriction so imposed, if he does so in accordance with an order of the court. 
(5) The disposal of property by a personal representative in contravention of the provisions of this section shall be voidable at the instance of any other person interested in the property.
[cf. 1925 c. 23 s. 2(2) U.K.] Editorial Note:
* Commencement date: 7 October 1971.

55. Purchase by personal representative of deceased’s property
If a personal representative purchases, either directly or indirectly, any of the property of the deceased, the sale shall be voidable at the instance of any other person interested in the property sold.

56. Duty of personal representative as to inventory
The personal representative of a deceased person shall, when lawfully required so to do, exhibit, by affidavit filed in the court, a true and perfect inventory and account of the movable and immovable property of the deceased, and the court shall have power as heretofore to require personal representatives to bring in inventories.
[cf. 1925 c. 23 s. 25 U.K.]