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

19. Commission on moneys received
A commission at the rate of five per cent on the first $1,000, two and one half per cent on the next $4,000 and one per cent on the balance, or such lower rate or rates as the court may approve on the application of the Official Administrator in the case of any particular estate, shall be chargeable on the gross value of all property of whatsoever nature received or taken possession of, or realized or otherwise dealt with, by the Official Administrator under this Ordinance.
(Amended E.R. 5 of 2020)

20. Keeping of books of account
(1) The Official Administrator shall keep a general register of all estates under his administration, a cash book, and a ledger or account current book, and such other books as he may find necessary or may be prescribed.
(2) He shall enter in books, to be kept by him for that purpose, separate and distinct accounts of each estate and of all property of every description which may come to his hands, and also of all payments made by him on account of each estate, specifying the dates of such receipts and payments respectively.
(3) Each book shall be kept in the Registry and shall be open during office hours for the inspection of any person who has occasion to inspect the same, on payment of the prescribed fee.

21. Copies of documents and accounts
(1) The Official Administrator shall give to any person who applies for the same copies of all documents and accounts in his possession relating to any estate under his administration or to any property which he receives or of which he takes possession under this Ordinance, on payment of the prescribed fees.
(2) If any such copy is refused, the applicant may petition the court in a summary way for an order on the Official Administrator to give such copy; and the costs of any such petition and order shall be paid by the Official Administrator, if the court so directs.

22. Redress against Official Administrator
No action shall be brought against the Official Administrator for anything done bona fide by him in the execution or the intended execution of any power vested in him by this Ordinance or for anything done by him in the exercise of his office as administrator under any grant of letters of administration made to him under this Ordinance, but any person who feels aggrieved thereby may apply for redress to the court by summary petition, verified upon oath, and the court may thereupon take such evidence and may make such order in relation to the matter as it thinks fit.

23. Effect of grant to Official Administrator
A grant of administration to the Official Administrator, whether the name of the officer holding the appointment at the time of the grant is or is not mentioned therein, shall be deemed to have been made to him and his successors in office.

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

23A. Payment into Government account of unclaimed balance of intestate’s estate
(1) If the Official Administrator has been granted administration of an estate and a balance of such estate remains unclaimed in his hands, he shall pay that balance into the Treasury or into the account of the Government at such bank as the Director of Accounting Services may direct. (Amended 70 of 1972 s. 2; L.N. 16 of 1977; L.N. 453 of 1993)
(2) (Repealed 70 of 1972 s. 2)(Added 71 of 1971 s. 3)

23B. Advertisements as to unclaimed balance of intestate’s estate
(1) If the Official Administrator has been granted administration of an estate and—
(a) a balance of such estate exceeding $500 remains unclaimed; and
(b) the persons entitled thereto are not known to him,
the Official Administrator shall cause advertisements to be published in accordance with subsection (2). (Amended 70 of 1972 s. 3)
(2) An advertisement—
(a) shall be published in Hong Kong and in any other place where the Official Administrator has reason to believe that the persons entitled to claim the balance of the estate may be found; and
(b) shall be to the effect that if no claim is made to the Official Administrator within 5 years from the first publication of the advertisement in Hong Kong the balance from the estate will be transferred to the general revenue.
(3) If at the expiration of a period of 5 years from the date of the first publication of an advertisement under subsection (2), the Official Administrator is of the opinion that no claim can reasonably be expected against the estate he may transfer the balance of the estate to the general revenue.
(Added 71 of 1971 s. 3. Amended 67 of 1999 s. 3; E.R. 5 of 2020)

23C. Transfer of unclaimed balance not exceeding $500
(Amended E.R. 5 of 2020)The Official Administrator may, at any time, transfer the balance of any estate not exceeding $500 remaining undistributed 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》

23D. Disposal of surplus interest
The Official Administrator shall on or after 31 March in each year transfer to the general revenue any interest paid on or accumulated in any account operated by him for the purpose of administering any estate, if such interest is not required to be credited or paid to any estate by rules made under section 72.
(Added 72 of 1978 s. 2)

24. Application for grants
(1) An application for the grant or revocation of probate or letters of administration shall be made through the Registry.
(2) No application under subsection (1) shall be submitted in the form of a petition.
[cf. 1925 c. 49 s. 150 U.K.]

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

24B. Registrar to provide the Commissioner of Inland Revenue with information in application for grant
Within 1 month of the receipt of an application made under section 24 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. 20. Amended L.N. 210 of 2005)

25. Number of personal representatives
(1)  Probate or administration shall not be granted to more than four persons in respect of the same property, and administration shall, if there is a minority or if a life interest arises under the will or intestacy, be granted either to a trust corporation, with or without an individual, or to not less than two individuals:
Provided that the court in granting administration may act on such prima facie evidence, furnished by the applicant or any other person, as to whether or not there is a minority or life interest, in accordance with probate rules and orders. 
(2) If there is only one personal representative (not being a trust corporation) then, during the minority of a beneficiary or the subsistence of a life interest and until the estate is fully administered, the court may, on the application of any person interested or of the guardian, committee or receiver of any such person, appoint one or more personal representatives in addition to the original personal representative in accordance with probate rules and orders.
(3) This section applies to grants of representation made after the commencement* of this Ordinance whether the testator or intestate died before or after such commencement.
[cf. 1925 c. 49 s. 160 U.K.] Editorial Note:
* Commencement date: 7 October 1971.