NON-CONTENTIOUS PROBATE RULES

NON-CONTENTIOUS PROBATE RULES

NON-CONTENTIOUS PROBATE RULES

ARRANGEMENT OF RULES

Rules........................................ Page

1. Citation ................................ ... ... ... ... ... ... ... ... A 3
2. Interpretation .......................... ... ... ... ... ... ... ... ... A
3

3. Applications for grants through solicitors ... ... ... ... ... ... ... ... A 3

4. Personal applications ................... ... ... ... ... ... ... ... ... A 3

5. Duty of Registrar on receiving application for grant ... ... ... ... ... ... A 4

6. Oath in support of grant ................... ... ... ... ... ... ... ... A 5
7. Grant in additional name ................... ... ... ... ... ... ... ... A 5

8. Marking of wills ........................... ... ... ... ... ... ... ... A 5

9. Engrossments for purposes of record ..... ... ... ... ... ... ... ... ... A 5
10.....................Evidence as to due execution of will ... ... ... ... ... ... ... ... ... A 6

11..........................Execution of will of blind or illiterate testator ... ... ... ... ... ... ... A 6

12................................Evidence as to terms, condition and date of execution of will ... ... ... ... A 7

13...................Attempted revocation of will ... ... ... ... ... ... ... ... ... ... A 7

14............................Affidavit as to due execution, terms, etc. of will ... ... ... ... ... ... A 7
16............................Wills of persons on military service and seamen ... ... ... ... ... ... A 7

18.................Evidence of foreign law .... ... ... ... ... ... ... ... ... ... ... A 7

19..............................Order of priority for grant where deceased left a will ... ... ... ... ... A 7

20.....................Grants to attesting witnesses etc. ... ... ... ... ... ... ... ... ... A 8

21..........................Order of priority for grant in case of intestacy ... ... ... ... ... ... ... A 8

22.................Right of assignee to a grant ... ... ... ... ... ... ... ... ... A 9

23.................Joinder of administrator ... ... ... ... 1 ... ... ... ... ... ... A 10

24.....................Additional personal representatives ... ... ... ... ... ... ... ... ... A 10

25.................................Grants where two or more persons entitled in same degree ... ... ... ... A 10

26...................Exceptions to rules as to priority ... ... ... ... ... ... ... ... ... ... A 10

27........................Grants to persons having spes successionis ... ... ... ... ... ... ... ... A 10
29. Grants where deceased died outside Hong Kong A 11

30. Grants to attorneys ... ... ... ... ... ... 1 .. ... ... ... ... ... ... A 11
31.Grants on behalf infants . ... ... ... ... ... ... ... ... ... ... ... A 11
-1. ... ... ... ... A
12

32, Grants where infant co-executor
33. Grants in case of mental or physical incapacity ... ... ... ... ... ... ... A 12
34. Grants to trust corporations and other corporate bodies ... ... ... ... ... ... A 13
35. Renunciation of probate and administration ... ... ... ... ... ... ... ... A 14
37. Notice to Crown of intended application for grant ... ... ... ... ... ... ... A 14






38. Guarantee ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 14
41. Sureties on resealing ... ... ... ... ... ... ... ... ... ... ... ... ... A 15
41 A. Application for leave to sue on guarantee ... ... ... ... ... ... ... ... ... A 16
43. Application for grant to be supported by documents required under the Estate Duty
Ordinance ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16
44. Caveats ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 16
45. Citations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 18
46. Citation to accept or refuse or to take a grant ... ... ... ... ... ... ... ... A 18
47. Citation to propound a will ... ... ... ... ... ... ... ... ... ... ... ... A 19





Rules....................................... Page

48..............Address for service .......... ... ... ... ... ... ... ... ... ... ... A 20

49....................................Application for order to bring in a will or to attend for examination ... ... A 20

51. Grants of administration under discretionary powers of court, and grants ad

colligenda bona ..................... ... ... ... ... ... ... ... ... A 20

52.......................Applications for leave to swear to death ... ... ... ... ... ... ... ... A 20

53................................Grants in respect of nuncupative wills and of copies of wills ... ... ... ... A 20

54................Grants durante absentia ....... ... ... ... ... ... ... ... ... ... A 20

58.............................Issue of copies of original wills and other documents ... ... ... ... ... A 21

59............Taxation of costs ................. ... ... ... ... ... ... ... ... ... A 21

60..................................Power to require application to be made by summons or motion ... ... ... A 21
60A. Time limit for claims A 21

62................Appeals from Registrar ..... ... 1 ... ... ... ... ... ... ... A 21

63.......................Service of notice of motion and summons ... ... ... ... ... ... ... ... A 21

64.........Notices etc . .................. ... ... ... ... ... ... ... ... ... ... A 22
65.........Affidavits ..................... ... ... ... ... ... ... ... ... ... A 22

66.......Time ....................... ... ... ... ... ... ... ... ... ... ... A 22

67.....................Application to pending proceedings ... ... ... ... ... ... ... ... ... A 22

Schedule:

Form Number

1 .............Oath by Administrator ..... ... ... ... ... ... ... ... ... ... ... ... A22
1A. Oath by Administrator where no Schedule of Property filed A 24

2. Oath by Executor ....................... ... ... ... ... ... ... ... ... A27

2A.............................Oath by Executor where no Schedule of Property filed ... ... ... ... ... A28

3. Oath by Administrator with Will ........ ... ... ... ... ... ... ... A 30
3A. Oath by Administrator with Will where no Schedule of Property filed A 32

4. Affirmation of Identity ................... ... ... ... ... ... ... ... ... A 34
5. Affirmation of Death ...................... ... ... ... ... ... ... ... A 36

6. Affirmation of the Execution of the Will ... ... ... ... ... ... ... ... A 37
7. Nomination of a Second Administrator ...... ... ... ... ... ... ... ... A38
8. Power of Attorney to take Administration (Will) given by Executors A39
9. Renunciation of Probate A 40

10. Renunciation of Administration (with Will annexed) ... ... ... ... ... ... A 41
11. Renunciation of Administration ... ... ... ... ... ... ... ... ... ... ... A 42
12. Application for Resealing ... ... ... ... ... ... ... ... ... ... ... ... A 43
13. Election of Guardian for the purpose of Nominating a Co-Administrator ... ... A 44
14. Election of Guardian to take Grant ... ... ... ... ... ... ... ... ... ... A 45
15. Surety's Guarantee ... ... ... ... ... ... ... ... ... ... ... ... ... A 46
16. Surety's Guarantee on Application for Resealing ... ... ... ... ... ... ... A 48
17. Caveat ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 49
18. Warning to Caveator ... ... ... ... ... ... ... ... ... ... ... ... ... A 50






19. Appearance to Warning or Citation ... ... ... ... ... ... ... ... ... ... A 51





NON-CONTENTIOUS PROBATE RULES

(Cap. 10. section 72)

[7 October 1971]

1. These rules may be cited as the Non-Contentious Probate Rules.

2. (1) The Interpretation and General Clauses Ordinance shall apply
to the interpretation of these rules as it applies to the interpretation of
an Ordinance.

(2) In these rules, unless the context otherwise requires-

---theOrdinance' means the Probate and Administration Ordinance;

,,authorized officer' means any person who is for the time being
authorized by the Chief Justice to administer any oath or to take
any affidavit required for any purpose connected with his duties;

'gross value' in relation to any estate means the value of the estate
without deduction for debts, incumbrances, funeral expenses, or
estate duty;

,,oath' means the oath required by rule 6 to be sworn by every
applicant for a grant;

personal applicant' means a person other than a trust corporation who
seeks to obtain a grant without employing a solicitor, and
'personal application' has a corresponding meaning;

'union of concubinage' shall have the same meaning ascribed to it as is
contained in the Intestates' Estates Ordinance;

'will' includes a nuncupative will or a will which is valid according to
the provisions contained in the Wills Ordinance and any
testamentary document or copy or reconstruction thereof.

(3) The forms referred to in the Schedule to these rules shall be
prescribed forms and shall be adhered to with such variations or
additions as circumstances may require.

3. (1) A person applying for a grant through a solicitor may apply
at the Registry.

(2) Every solicitor through whom an application for a grant is made
shall give the address of his place of business within the jurisdiction.

(3) No application for a grant shall be made by post.

4. (1) A personal applicant may apply for a grant at the Registry.





(2) A personal applicant may not apply through an agent, whether
paid or unpaid, and may not be attended by any person acting or
appearing to act as his adviser.

(3) No personal application shall be received or proceeded with if

(a)it becomes necessary to bring the matter before the court on
motion or by action;

(b)an application has already been made by a solicitor on behalf
of the applicant and has not been withdrawn;

(c) the Registrar otherwise directs.

(4) After a will has been deposited in the Registry by a personal
applicant, it may not be delivered to the applicant or to any other person
unless in special circumstances the Registrar so directs.

(5) A personal applicant shall produce a certificate of the death of
the deceased or such other evidence of the death as the Registrar may
approve.

(6) A personal applicant may prepare the papers leading to the
grant himself and lodge them in the Registry unsworn, or if the Registrar
so directs shall supply all information necessary to enable such papers
to be prepared in the Registry.

(7) Unless the Registrar otherwise directs, every oath, affidavit or
guarantee required on a personal application shall be sworn or executed
by all the deponents or obligors before an authorized officer.

(8) No legal advice shall be given to a personal applicant by any
person in the Registry and every such person shall be responsible only
for embodying in proper form the applicant's instructions for a grant.

(9) No application for a grant shall be made by post.

(10) Where the gross amount of an estate does not exceed $50,000 a
personal applicant may make an informal application to the official
administrator requesting him to administer the estate informally.

5. (1) The Registrar shall not allow any grant to issue until all
inquiries which he may see fit to make have been answered to his
satisfaction.

(2) The Registrar may require proof of the identity of the deceased
or of the applicant for the grant beyond that contained in the oath.

(3) Except with the leave of the Registrar, no grant of probate or of
administration with the will annexed shall issue within 7 days of the
death of the deceased and no grant of administration shall issue within
14 days thereof.





(4) The Registrar shall not require a guarantee under section 46 of
the Ordinance as a condition of granting administration to any person,
without giving that person or, where the application for the grant, is
made through a solicitor, the solicitor an opportunity of being heard
with respect to the requirement.

6. (1) Every application for a grant shall be supported by an oath in
the form applicable to the circumstances of the case, which shall be
contained in an affidavit sworn by the applicant, and by such other
papers as the Registrar may require.

(2) On an application for a grant of administration the oath shall
state whether, and if so, in what manner, persons having a prior right to
a grant in accordance with the provisions contained in rule 21 have
been cleared off, and whether any minority or life interest arises under
the will or intestacy.

(3) Where the deceased died domiciled outside Hong Kong, the
oath shall state where the deceased died domiciled.

(4) If the oath states where the deceased died domiciled (whether
in or outside Hong Kong) a statement as to the country in which he
died domiciled may be included in the grant.

7. (1) Subject to paragraph (2), where it is necessary to describe the
deceased in a grant by some name in addition to his true name, the
applicant shall state in the oath the true name of the deceased and shall
depose that some part of the estate, specifying it, was held in the other
name, or as to any other reason that there may be for the inclusion of
the other name in the grant.

(2) If the name of the deceased is in accordance with the
International Code for Chinese names this name shall be accepted as
being the correct name of the deceased.

8. Every will in respect of which an application for a grant is made
shall be marked by the signatures of the applicant and the person before
whom the oath is sworn, and shall be exhibited to any affidavit which
may be required under these rules as to the validity, terms, condition or
date of execution of the will:

Provided that where the Registrar is satisfied that compliance with
this rule might result in the loss of the will, he may allow a photographic
copy thereof to be marked or exhibited in lieu of the original document:

Provided also that if a will is not in the English language a
translation certified to the satisfaction of the Registrar shall also be filed
with the original will.

9. (1) Where the Registrar considers that in any particular case a
photographic copy of the original will would not be satisfactory for
purposes of record, he may require an engrossment suitable for
photographic reproduction to be lodged.





(2) Where a will contains alterations which are not admissible to
proof, there shall be lodged an engrossment of the will in the form in
which it is to be proved.

(3) Any engrossment lodged under this rule shall reproduce the
punctuation, spacing and division into paragraphs of the will and, if it is
one to which paragraph (2) of this rule applies, it shall be made
bookwise on durable paper following continuously from page to page
on both sides of the paper.

(4) Where any pencil writing appears on a will, there shall be
lodged a copy of the will or of the pages or sheets containing the pencil
writing, in which there shall be underlined in red ink those portions
which appear in pencil in the original.

10. (1) Where a will contains no attestation clause or the
attestation clause is insufficient or where it appears to the Registrar that
there is some doubt about the due execution of the will, he shall, before
admitting it to proof, require an affidavit as to due execution from one or
more of the attesting witnesses or, if no attesting witness is
conveniently available, from any other person who was present at the
time the will was executed:

Provided always that if a will is in Chinese characters and appears
to be satisfactorily executed by the testator the Registrar may assume
without further inquiry that the will has been properly executed.

(2) If no affidavit can be obtained in accordance with the last
foregoing paragraph, the Registrar may, if he thinks fit having regard to
the desirability of protecting the interests of any person who may be
prejudiced by the will, accept evidence on affidavit from any person he
may think fit to show that the signature on the will is in the handwriting
of the deceased, or of any other matter which may raise a presumption in
favour of the due execution of the will.

(3) If the Registrar, after considering the evidence-

(a)is satisfied that the will was not duly executed, he shall refuse
probate and shall mark the will accordingly;

(b)is doubtful whether the will was duly executed, he may require
the matter to be referred to the court on motion.

11. Before admitting to proof a will in the English language which
appears to have been signed by.a blind or illiterate testator or a testator
not having-a literate knowledge of the English language or by another
person by direction of the testator, or which for any other reason gives
rise to doubt as to the testator having had knowledge of the contents of
the will at the time of its execution, the Registrar shall satisfy himself
that the testator had such knowledge.





12. (1) Where there appears in a will any obliteration, interlineation,
or other alteration which is not authenticated in the manner prescribed
by the Wills Ordinance or by the reexecution of the will or by the
execution of a codicil, the Registrar shall require evidence to show
whether the alteration was present at the time the will was executed and
shall give directions as to the form in which the will is to be proved:

Provided that this paragraph shall not apply to any alteration
which appears to the Registrar to be of no practical importance.

(2) If from any mark on a will it appears to the Registrar that some
other document has been attached to the will, or if a will contains any
reference to another document in such terms as to suggest that it ought
to be incorporated in the will, the Registrar may require the document to
be produced and may call for such evidence in regard to the attaching or
incorporation of the document as he may think fit.

(3) Where there is doubt as to the date on which a will was
executed, the Registrar may require such evidence as he thinks
necessary to establish the date.

13. Any appearance of attempted revocation of a will by burning,
tearing, or otherwise, and every other circumstance leading to a
presumption of revocation by the testator, shall be accounted for to the
Registrar's satisfaction.

14. The Registrar may require an affidavit from any person he may
think fit for the purpose of satisfying himself as to any of the matters
referred to in rules 11, 12 and 13, and in any such affidavit sworn by an
attesting witness or other person present at the time of the execution of
a will the deponent shall depose to the manner in which the will was
executed.

16. If it appears to the Registrar that there is prima facie evidence
that a will is one to which section 6 of the Wills Ordinance, as amended
by any subsequent enactment, applies, the will may be admitted to proof
if the Registrar is satisfied that it was signed by the testator or, if
unsigned, that it is in the testator's handwriting.

18. Where evidence of the law of a country outside England or
Hong Kong is required on any application for a grant the affidavit of
any person who is an expert of the law of that country or place may be
accepted by the Registrar.

19. The person or persons entitled to a grant of probate or
administration with the will annexed shall be determined in accordance
with the following order of priority, namely

(i) the executor;

(ii) any residuary legatee or devisee holding in trust for any other
person;





(iii) any residuary legatee or devisee for life;

(iv)the ultimate residuary legatee or devisee or, where the residue
is not wholly disposed of by the will, any person entitled to
share in the residue not so disposed of (including the Official
Administrator) or, subject to rule 25(3), the personal
representative of any such person:

Provided that where the residue is not in terms wholly
disposed of, the Registrar may, if he is satisfied that the
testator has nevertheless disposed of the whole or
substantially the whole of the estate as ascertained at the time
of the application for the grant, allow a grant to be made
(subject however to rule 37) to any legatee or devisee entitled
to, or to a share in, the estate so disposed of, without regard
to the persons entitled to share in any residue not disposed of
by the will;

(v)any specific legatee or devisee or any creditor or, subject to
rule 25(3), the personal representative of any such person or,
where the estate is not wholly disposed of by the will, any
person who, notwithstanding that the amount of the estate is
such that he has no immediate beneficial interest therein, may
have a beneficial interest in the event of an accretion thereto;

(vi) any legatee or devisee, whether residuary or specific, entitled
on the happening of any contingency, or any person having
no interest under the will of the deceased who would have
been entitled to a grant if the deceased had died wholly
intestate.

20. Where a gift to any person fails by reason of section 10 of the
Wills Ordinance (which provides that gifts to attesting witnesses or
their spouses shall be void), such person shall not have any right to a
grant as a beneficiary named in the will. without prejudice to his right to
a grant in any other capacity.

21. (1) Where a person dies wholly intestate, the persons having a
beneficial interest in the estate shall be entitled to a grant to
administration in the following order of priority, namely

(i)the surviving spouse or the surviving partner or partners to a
union of concubinage entered into before 7 October 197 1;

(ii)the children of the deceased including any children born of a
union of concubinage entered into before 7 October 1971, or
the issue of any such child who has died during the lifetime of
the deceased;

(iii) the father or mother of the deceased;

(iv) brothers and sisters of the deceased or the issue of any
deceased brother or sister of the deceased who has died
during the lifetime of the deceased.





(2) If no person in any of the classes mentioned in subparagraphs
(ii) and (iii) of the last foregoing paragraph has survived the deceased,
then, the following persons hereinafter described shall, if they have a
beneficial interest in the estate, be entitled to a grant in the following
order of priority, namely

(i) grandparents;

(ii)uncles and aunts of the deceased, or the issue of any
deceased uncle or aunt of the deceased who has died during
the lifetime of the deceased.

All of the persons referred to in classes (i) and (ii) of this paragraph shall
be entitled to a grant notwithstanding that the relationship referred to
shall have been established by or resulted from a union of concubinage.

(3) In default of any person having a beneficial interest in the
estate, the Official Administrator.

(4) If all persons entitled to a grant under the foregoing provisions
of this rule have been cleared off, a grant may be made to a creditor of
the deceased or to any person who, notwithstanding that he has no
immediate beneficial interest in the estate, may have a beneficial interest
in the event of an accretion thereto.

(5) Subject to rule 25(3), the personal representative of a person in
any of the classes mentioned in paragraphs (1) and (2) of this rule or the
personal representative of a creditor shall have the same right to a grant
as the person whom he represents:

Provided that the persons mentioned in paragraph (1) and in
paragraph (2) of this rule shall be preferred to the personal
representative of a spouse who had died without taking a beneficial
interest in the whole estate of the deceased as ascertained at the time of
the application for the grant.

(6) The provisions of the Adoption Ordinance shall apply in
determining the entitlement to a grant as they apply to the devolution of
property on intestacy.

22. (1) Where all the persons entitled to the estate of the deceased
(whether under a will or on intestacy) have assigned their whole interest
in the estate to one or more persons, the assignee or assignees shall
replace, in the order of priority for a grant of administration, the assignor
or, if there are 2 or more assignors, the assignor with the highest priority.

(2) Where there are 2 or more assignees, administration may be
granted with the consent of the others to any one or more (not
exceeding 4) of them.

(3) In any case where administration is applied for by an assignee,
a copy of the instrument of assignment shall be lodged in the Registry.





23. (1) An application to join with a person entitled to a
grant of administration a person entitled in a lower degree shall, in
default of renunciation by all persons entitled in priority to such
last-mentioned person, be made to the Registrar and shall be
supported by an affidavit by the person entitled by the consent of the
person proposed to be joined as personal representative and by such
other evidence as the Registrar may require.

24. (1) An application under section 25(2) of the Ordinance
to add a personal representative shall be made to the Registrar and
shall be supported by an affidavit by the applicant by the consent of
the person proposed to be added as personal representative and by
such other evidence as the Registrar may require.

25. (1) A grant may be made to any person entitled thereto
without notice to any other persons entitled in the same degree.

(2) A dispute between persons entitled to a grant in the same
degree shall be brought by summons before the Registrar.

(3) Unless the Registrar otherwise directs, administration
shall be granted to a living person in preference to the personal
representative of a deceased person who would, if living, be entitled
in the same degree and to a person not under disability in preference
to an infant entitled in the same degree,

(4) Upon the issue of a summons under paragraph (2) of this
rule the person issuing such summons shall enter a caveat.

(5) If a summons is issued under paragraph (2) of this rule the
Registrar shall not allow any grant to be sealed until such summons
is finally disposed of.

26. (1) Nothing in rule 19, 21, 23 or 25 shall operate to
prevent a grant being made to any person to whom a grant may or
may require to be made under any enactment.

(2) The rules mentioned in the last foregoing paragraph shall
not apply where the deceased died domiciled outside Hong Kong,
except in a case to which the proviso to rule 29 applies.

27. When the beneficial interest in the whole estate of the
deceased is vested absolutely in a person who has renounced his
right to a grant and has consented to administration being granted
to a person or persons who would be entitled to his estate if he
himself had died intestate, administration may be granted to such
person or one or more (not exceeding 4) of such persons:

Provided that a surviving spouse shall not be regarded as a
person in whom the estate has vested absolutely unless he would be
entitled to the whole of the estate, whatever its value may be.





29. Where the deceased died domiciled outside Hong Kong, the
Registrar may order that a grant do issue

(a)to the person entrusted with the administration of the estate
by the court having jurisdiction at the place where the
deceased died domiciled;

(b)to the person entitled to administer the estate by the law of the
place where the deceased died domiciled.,

(c)if there is no such person as is mentioned in paragraphs (a)
and (b) of this rule or if in the opinion of the Registrar the
circumstances so require to such person as the Registrar may
direct;

(d)if, by virtue of section 25 of the Ordinance, a grant is required
to be made to, or if the Registrar in his discretion considers
that a grant should be made to, not less than two
administrators, to such person as the Registrar may direct
jointly with any such person as is mentioned in paragraph (a)
or (b) of this rule or with any other person:

Provided that without any such order

(a)probate of any will which is admissible to proof may be
granted

(i) if the will is in the English or Chinese language, to the
executor named therein;

(ii) if the will describes the duties of a named person in
terms sufficient to constitute him executor according to the
tenor of the will, to that person;

(b)where the whole of the estate in Hong Kong consists of
immovable property, a grant limited thereto may be made in
accordance with the law which would have been applicable if
the deceased had died domiciled in Hong Kong.

30. Where a person entitled to a grant resides outside Hong Kong,
administration may be granted to his lawfully constituted attorney for
his use and benefit, limited until such person shall obtain a grant or in
such other way as the Registrar may direct:

Provided that where the person so entitled is an executor,
administration shall not be granted to his attorney without notice to the
other executors, if any, unless such notice is dispensed with by the
Registrar.

31. (1) Where a person to whom a grant would otherwise be
made is an infant, administration for his use and benefit until he
attains the age of 21 years shall, subject to paragraphs (3) and (5) of
this rule, be granted-

(a)to the parents of the infant jointly or to any guardian
appointed by the court; or





(b) if there is no such guardian able and willing to act and the

infant has attained the age of 16 years, to any next of kin nominated
by the infant or where the infant is a married woman, to any such
next of kin or to her husband if nominated by her.

(2) Any person nominated under sub-paragraph (b) of the last
foregoing paragraph may represent any other infant whose next of kin
he is, being an infant below the age of 16 years entitled in the same
degree as the infant who made the nomination.

(3) Notwithstanding anything in this rule, administration for

the use and benefit of the infant until he attains the age of 21 years may be
granted to any person assigned as guardian by order of the Registrar in
default of, or jointly with, or to the exclusion of, any such person as is
mentioned in paragraph (1) of this rule; and such an order may be made
on application by the intended guardian, who shall file an affidavit in
support of the application and, if required by the Registrar, an affidavit
of fitness sworn by a responsible person.

(4) Where by virtue of section 25 of the Ordinance, a grant is
required to be made to not less than 2 administrators and there is only
one person competent and willing to take a grant under the foregoing
provisions of this rule, administration may, unless the Registrar
otherwise directs, be granted to such person jointly with any other
person nominated by him as a fit and proper person to take the grant.

(5) Where an infant, who is sole executor has no interest in the residuary
estate of the deceased, administration for the use and benefit of the
infant until he attains the age of 21 years shall, unless the Registrar
otherwise directs, be granted to the person entitled to the residuary
estate.

(6) An infant's right to administration may be renounced only by a person assigned
as guardian under paragraph (3) of this rule and authorized to renounce
by the Registrar.

32. (1) Where one of 2 or more executors is an infant
probate may be granted to the other executor or executors not under
disability, with power reserved of making the like grant to the infant
on his attaining the age of 21 years, and administration for the use
and benefit of the infant until he attains the age of 21 years may be
granted under rule 31 if and only if the executors who are not under
disability renounce, or, on being cited to accept or refuse a grant, fail to
make an effective application therefor.

(2) An infant executor's right to probate on attaining the age
of 21 years may not be renounced by any person on his behalf.

33. (1) Where the Registrar is satisfied that a person entitled to a
grant is by reason of mental or physical incapacity incapable of
managing his affairs administration for his use and benefit limited during
his incapacity or in such other way may be granted





(i)if the person incapable is entitled as executor, to the person
entitled to the residuary estate of the deceased;
(ii)if the person incapable is entitled otherwise than as an
executor, to the person who would be entitled to a grant in
respect of his estate if he had died intestate.

(2) No grant of administration shall be made under this rule
unless all persons entitled in the same degree as the person incapable
have been cleared off.

(3) In the case of physical incapacity, notice of intended
application under this rule shall be given to the person alleged to be
incapable.

34. (1) Where a trust corporation applies for a grant through
one of its officers such officer shall lodge a certified copy of the
resolution authorizing him to make the application and shall depose
in the oath that the corporation has been certified as being a trust
corporation as provided by section 78 of the Trustee Ordinance and
that it has power to accept a grant:

Provided that it shall not be necessary to lodge a certified copy
of the resolution where the trust corporation is represented by a
person holding an official position if the person through whom the
application is made is included in a list filed with the Registrar of
persons authorized to make such applications.

(2) Where a trust corporation applies for a grant of administra-
tion otherwise than as attorney for some person, there shall be
lodged with the application the consents of all persons entitled to a
grant and of all persons interested in the residuary estate of the
deceased, unless the Registrar directs that such consents be
dispensed with on such terms, if any, as he may think fit.

(3) Where a corporation (not being a trust corporation)
would, if an individual, be entitled to a grant, administration for its
use and benefit, limited until further representation is granted, may
be granted to its nominees or, if the corporation has its principal
place of business outside Hong Kong, its nominees or lawfully
constituted attorney, and a copy of the resolution appointing the
nominee or, as the case may be, the power of attorney sealed by
the corporation or otherwise authenticated to the Registrar's
satisfaction, shall be lodged with the application for a grant, and the
oath shall state that the corporation is not a trust corporation.

(4) Where a corporation (not being a trust corporation)
applies for a grant the Registrar may, in his discretion, grant
administration to its nominee, for its use and benefit, limited until
further representation is granted, and a copy of the resolution
appointing the nominee sealed by the corporation or otherwise
authenticated to the Registrar's satisfaction, shall be lodged with the
application for a grant, and the oath shall state that the corporation
is not a trust corporation.





35. (1) Renunciation of probate by an executor shall not operate as
renunciation of any right which he may have to a grant of administration
in some other capacity unless he expressly renounces such right.

(2) Unless the Registrar otherwise directs, no person who has
renounced administration in one capacity may obtain a grant thereof in
some other capacity.

37. In any case in which it appears that the Crown is or may be
beneficially interested in the estate of a deceased person, notice of
intended application for a grant shall be given by the applicant to the
Official Administrator, and the Registrar may direct that no grant shall
issue within a specified time after the notice has been given.

38. (1) The Registrar shall not require a guarantee under section 46
of the Ordinance as a condition of granting administration except where
it is proposed to grant it

(a)by virtue of rule 19(v) or rule 21(4) to a creditor or the personal
representative of a creditor or to a person who has no
immediate beneficial interest in the estate of the deceased but
may have such an interest in the event of an accretion to the
estate;

(b)under rule 27 to a person or some of the persons who would, if
the person beneficially entitled to the whole of the estate died
intestate, be entitled to his estate;

(c) under rule 30 to the attorney of a person entitled to a grant;

(d) under rule 31 for the use and benefit of a minor

(e)under rule 33 for the use and benefit of a person who is by
reason of mental or physical incapacity incapable of managing
his affairs;

to an applicant who appears to the Registrar to be resident
elsewhere than in Hong Kong;

or except where the Registrar considers that there are special
circumstances making it desirable to require a guarantee.

(2) Notwithstanding that it is proposed to grant administration as
aforesaid, a guarantee shall not be required, except in special
circumstances, on an application for administration where the applicant
or one of the applicants is

(a) a trust corporation;

(b)a solicitor holding a current practising certificate under the
Legal Practitioners Ordinance.

(3) Every guarantee entered into by a surety for the purposes of
section 46 of the Ordinance shall be in Form 15.





(4) Except where the surety is a corporation, the signature of the
surety on every such guarantee shall be attested by an authorized
officer, commissioner for oaths or other person authorized by law to
administer an oath.

(5) Unless the Registrar otherwise directs-

(a)if it is decided to require a guarantee, it shall be given by two
sureties, except where the gross value of the estate does not
exceed $7,000 or a corporation is a proposed surety, and in
those cases one will suffice;

(b)no person shall be accepted as a surety unless he is resident
in Hong Kong;

(c) no officer of the Registry shall become a surety;

(d)the limit of the liability of the surety or sureties under a
guarantee given for the purposes of section 46 of the
Ordinance shall be the gross amount of the estate as sworn on
the application for the grant;

(e) every surety, other than a corporation shall justify.

(6) Where the proposed surety is a corporation there shall be filed
an affidavit by the proper officer of the corporation to the effect that it
has power to act as surety and has executed the guarantee in the
manner prescribed by its constitution, and containing sufficient
information as to the financial position of the corporation to satisfy the
Registrar that its assets are sufficient to satisfy all claims which may be
made against it under any guarantee which it has given or is likely to
give for the purposes of section 46 of the Ordinance:

Provided that the Registrar may, instead of requiring an affidavit in
every case, accept an affidavit made not less often than once in every
year together with an undertaking by the corporation to notify the
Registrar forthwith in the event of any alteration in its constitution
affecting its power to become surety under that subsection.

41. On an application for the resealing of a grant of administration
under Part IV of the Ordinance

(a)the Registrar shall not require sureties under section 46 of the
Ordinance as a condition of sealing the grant except where it
appears to him that the grant is made to a person or for a
purpose mentioned in paragraphs (a) to (f) of rule 38(1) or
except where he considers that there are special circumstances
making it desirable to require sureties;

(b)rules 5(4) and 38(2), (4), (5) and (6) shall apply with any
necessary modifications; and

(c)a guarantee entered into by a surety for the purposes of the
said section 46 shall be in Form 16.





41A. An application for leave under section 47(2) of the Ordinance
to sue a surety on a guarantee given for the purposes of section 46 of
the Ordinance shall, unless the Registrar otherwise directs under rule 60,
be made by summons to the Registrar, and notice of the application shall
in any event be served on the administrator, the surety and any co-
surety.

43. Every application for a grant shall be supported by such
documents as may be required under the Estate Duty Ordinance.

44. (1) Any person who wishes to ensure that no grant is sealed
without notice to himself may enter a caveat in the Registry.

(2) Any person who wishes to enter a caveat (in this rule called
'the caveator' may do so by completing Form 17 in the appropriate
book at the Registry and obtaining an acknowledgment of entry from
the proper officer, or by sending through the post at his own risk a
notice in Form 17 addressed to the Registrar.

(3) Where the caveat is entered by a solicitor on the caveator's
behalf, the name of the caveator shall be stated in Form 17.

(4) Except as otherwise provided by this rule, a caveat shall remain
in force for 6 months from the date on which it is entered and shall then
cease to have effect, without prejudice to the entry of a further caveat
or caveats.

(5) The Registrar shall maintain an index of caveats entered in the
Registry and on receiving an application for a grant, he shall cause the
index to be searched.

(6) The Registrar shall again cause the index to be searched before
he shall allow any grant to be scaled and shall not allow any grant to be
sealed if there is an effective caveat in respect thereof..

Provided that no caveat shall operate to prevent the sealing of a
grant on the day on which the caveat is entered.

(7) A caveat may be warned by the issue from the Registry of a
warning in Form 18 at the instance of any person interested (in this rule
called 'the person warning') which shall state his interest and, if he
claims under a will, the date of the will, and shall require the caveator to
give particulars of any contrary interest which he may have in the estate
of the deceased; and every warning shall be served on the caveator.

(8) A caveator who has not entered an appearance to a warning
may at any time withdraw his caveat by giving notice at the Registry
and the caveat shall thereupon cease to have effect and, if it has been
warned, the caveator shall forthwith give notice of withdrawal of the
caveat to the person warning.





(9) A caveator having an interest contrary to that of the person
warning may, within 8 days of service of the warning upon him inclusive
of the day of such service, or at any time thereafter if no affidavit has
been filed under paragraph (11) of this rule, enter an appearance in the
Registry by filing Form 19 and making an entry in the appropriate book,
and shall forthwith thereafter serve on the person warning a copy of
Form 19 sealed with the seal of the court.

(10) A caveator having no interest contrary to that of the person
warning but wishing to show cause against the sealing of a grant to that
person may, within 8 days of service of the warning upon him inclusive
of the day of such service, or at any time thereafter if no affidavit has
been filed under paragraph (11) of this rule, enter an appearance to the
warning and issue and serve a summons for directions, which shall be
returnable before the Registrar.

(11) If the time limited for appearance has expired and the caveator
has not entered an appearance, the person warning may file in the
Registry an affidavit showing that the warning was duly served and that
he has not received a summons for directions under the last foregoing
paragraph, and thereupon the caveat shall cease to have effect.

(11 A) Upon the commencement of a probate action the Registrar
shall, in respect of each caveat then in force (other than a caveat
entered by the plaintiff), give to the caveator notice of the
commencement of the action and, upon the subsequent entry of a
caveat at any time when the action is pending shall likewise notify the
caveator of the existence of the action.

(12) Unless the Registrar otherwise directs

(a)any caveat in force at the commencement of proceedings by
way of citation or motion shall, unless withdrawn pursuant to
paragraph (8) of this rule remain in force until an application
for a grant is made by the person shown to be entitled thereto
by the decision of the court in such proceedings, and upon
such application any caveat entered by a party who had
notice of the proceedings shall cease to have effect;

(b)any caveat in respect of which an appearance to a warning
has been entered shall remain in force until the commencement
of a probate action;

(c)the commencement of a probate action shall, whether or not
any caveat has been entered, operate to prevent the sealing of
a grant (other than a grant under section 40 of the Ordinance)
until application for a grant is made by the person shown to
be entitled thereto by the decision of the court in such action,
and upon such application any caveat entered by a party who
had notice of the action, or by a caveator who was given
notice under paragraph (1 1A) of this rule, shall cease to have
effect.





(13) Except with the leave of the Registrar, no further caveat may be
entered by or on behalf of any caveator whose caveat has ceased to
have effect under paragraph (11) or (12) of this rule.

(14) In this grant includes a grant made by any court outside Hong
Kong which is produced for resealing by the court.

(15) In this rule 'probate action' shall bear the meaning ascribed to
it in Order 76 of the Rules of the Supreme Court.

45. (1) Every citation shall be settled by the Registrar before being
issued.

(2) Every averment in a citation, and such other information as the
Registrar may require, shall be verified by an affidavit sworn by the
person issuing the citation (in these rules called 'the citor' or, if there
are two or more citors, by one of them:

Provided that the Registrar may in special circumstances accept an
affidavit sworn by the citor's solicitor.

(3) The citor shall enter a caveat before issuing a citation.

(4) Every citation shall be served personally on the person cited
unless the Registrar, on cause shown by the affidavit, directs some
other mode of service, which may include notice by advertisement.

(5) Every will referred to in a citation shall be lodged in the Registry
before the citation is issued, except where the will is not in the citor's
possession and the Registrar is satisfied that it is impracticable to
require it to be lodged.

(6) A person who has been cited to appear may, within eight days
of service of the citation upon him inclusive of the day of such service,
or at any time thereafter if no application has been made by the citor
under rule 46(5) or rule 47(2), enter an appearance in the Registry by
filing Form 19 and making an entry in the appropriate book, and shall
forthwith thereafter serve on the citor a copy of Form 19 sealed with the
seal of the court.

46. (1) A citation to accept or refuse a grant may be issued at the
instance of any person who would himself be entitled to a grant in the
event of the person cited renouncing his right thereto.

(2) Where power to make a grant to an executor has been reserved,
a citation calling on him to accept or refuse a grant may be issued at the
instance of the executors who have proved the will or of the executors
of the last survivor of deceased executors who have proved.

(3) A citation calling on an executor who has intermeddled in the
estate of the deceased to show cause why he should not be ordered to
take a grant may be issued at the instance of any person interested in
the estate at any time after the expiration of 6 months from the death of
the deceased:





Provided that no citation to take a grant shall issue while
proceedings as to the validity of the will are pending.

(4) A person cited who is willing to accept or take a grant may
apply ex parte to the Registrar for an order for a grant on filing an
affidavit showing that he has entered an appearance and that he has
not been served by the citor with notice of any application for a
grant to himself.

(5) If the time limited for appearance has expired and the
person cited has not entered an appearance, the citor may-

(a)in the case of a citation under paragraph (1) of this rule,
apply to the Registrar for an order for a grant to himself,
(b)in the case of a citation under paragraph (2) of this rule,
apply to the Registrar for an order that a note be made on
the grant that the executor in respect of whom power was
reserved has been duly cited and has not appeared and that
all his rights in respect of the executorship have wholly
ceased;
(c)in the case of a citation under paragraph (3) of this rule,
apply to the Registrar by summons (which shall be served
on the person cited) for an order requiring such person to
take a grant within a specified time, or for a grant to
himself or to some other person specified in the summons.
(6) An application under the last foregoing paragraph shall be
supported by an affidavit showing that the citation was duly served
and that the person cited has not entered an appearance.
(7) If the person cited has entered an appearance but has not
applied for a grant under paragraph (4) of this rule, or has failed to
prosecute his application with reasonable diligence, the citor may-
(a)in the case of a citation under paragraph (1) of this rule,
apply by summons to the Registrar for an order for a grant
to himself,
(b)in the case of a citation under paragraph (2) of this rule,
apply by summons to the Registrar for an order striking
out the appearance and for the endorsement on the grant
of such a note as is mentioned in paragraph (5)(b) of this
rule;
(c)in the case of a citation under paragraph (3) of this rule,
apply by summons to the Registrar for an order requiring
the person cited to take a grant within a specified time, or
for a grant to himself or to some other person specified in
the summons,
and the summons shall be served on the person cited.

47. (1) A citation to propound a will shall be directed to the
executors named in the will and to all persons interested thereunder,
and may be issued at the instance of any citor having an interest
contrary to that of the executors or such other persons.





(2) If the time limited for appearance has expired and no person
cited has entered an appearance, or if no person who has appeared
proceeds with reasonable diligence to propound the will, the citor may
apply on motion for an order for a grant as if the will were invalid.

48. All caveats, citations, warnings and appearances shall contain
an address for service within the jurisdiction.

49. (1) An application under section 7(1) of the Ordinance for an
order requiring a person to bring in a will or to attend for examination
may be made to a judge by summons, which shall be served on every
such person as, aforesaid.

(2) An application under section 7(3) of the Ordinance for the issue
by the Registrar of a subpoena to bring in a will shall be supported by
an affidavit setting out the grounds of the application, and if any person
served with the subpoena denies that the will is in his possession or
control he may file an affidavit to that effect.

51. An application for an order for-

(a)a grant of administration under section 36 of the Ordinance, or

(b) a grant of administration ad colligenda bona,

may be made to the Registrar, and shall be supported by an affidavit
setting out the grounds of the application.

52. An application for leave to swear to the death of a person in
whose estate a grant is sought may be made to the Registrar and shall
be supported by an affidavit setting out the grounds of the application
and containing particulars of any policies of insurance effected on the
life of the presumed deceased.

53. (1) An application for an order admitting to proof a
nuncupative will, or a will which it is claimed is valid according to the
provisions contained in the Wills Ordinance or a will contained in a
copy, a completed draft, a reconstruction or other evidence of its
contents where the original will is not available, may be made to the
Registrar:

Provided that where a will is not available owing to its being
retained in the custody of a foreign court or official, a duly
authenticated copy of the will may be admitted to proof without any
such order as aforesaid.

54. An application for an order for a grant of special administration
under section 37 of the Ordinance where a personal representative is
residing outside Hong Kong shall be made to the court on motion.





58. (1) Where copies are required of original wills or other
documents deposited under section 74 of the Ordinance, such copies
may be photographic copies sealed with the seal of the court.

(2) Copies not being photographic copies, of original wills or other
documents deposited under the said section shall be examined against
the documents of which they purport to be copies only if so required by
the person demanding the copy, and in such case the copy shall be
certified under the hand of the Registrar and may in addition be sealed
with the seal of the court.

59. (1) Every bill of costs (other than a bill delivered by a solicitor
to his client which falls to be taxed under the Legal Practitioners
Ordinance) shall be referred to the Registrar for taxation and shall be
taxed in accordance with the provisions contained in Order 62 of the
Rules of the Supreme Court.

(2) The fees payable on taxation shall be paid by the party on
whose application the bill is taxed and shall be allowed as part of the
bill.

60.. The Registrar may require any application made to him to be
brought before him by summons, and may require any application made
to him, whether by summons or otherwise, to be brought before ajudge
by summons or before the court on motion.

60A. An executor or administrator may apply to the Registrar by ex
parte summons for an order limiting the time for creditors or other
persons to make claims against the estate of the testator or intestate and
the Registrar shall make such order as he thinks fit specifying what
notices are to be given of the making of such order and the time thereby
limited and make such order thereon as he thinks proper.

62. (1) Any person aggrieved by a decision of the Registrar may
appeal by summons to a judge.

(2) If any person besides the appellant appeared or was
represented before the Registrar from whose decision or requirement the
appeal is brought, the summons shall be issued within 7 days thereof for
hearing on the first available day and shall be served on every such
person as aforesaid.

63. (1) A judge or the Registrar may direct that a notice of motion or
summons for the service of which no other provision is made by these
rules shall be served on such person or persons as the judge or the
Registrar may direct.

(2) Where by these rules or by any direction given under the last
foregoing paragraph a notice of motion or summons is required to be
served on any person, it shall be served

(a)in the case of a notice of motion, not less than 5 clear days
before the day named in the notice for hearing of the motion;





(b)in the case of a summons, not less than 2 clear days before the
day appointed for the hearing, unless a judge or the Registrar
at or before the hearing, dispenses with service on such terms,
if any, as he may think fit.

64. Unless the Registrar otherwise directs, or these rules otherwise
provide, any notice or other document required to be given to or served
on any person may be given or served by leaving it at, or by sending it
by prepaid registered post to, that person's address for service or, if he
has no address for service, his last known address.

65. (1) Every affidavit used in non-contentious probate business
shall be in the form required by the Rules of the Supreme Court in the
case of affidavits to which those rules apply.

(2) Notwithstanding Order 41 rule 11 of the Rules of the Supreme
Court, a copy of a document to be used in conjunction with an affidavit
need not, unless the Registrar otherwise directs, be exhibited to the
affidavit if the original document is already filed in the Registry.

66. The provisions of Order 3 and Order 65 rule 7 of the Rules of
the Supreme Court shall apply to the computation, enlargement, and
abridgement of time under these rules except that nothing in Order 3
shall prevent time from running in the Long Vacation.

67. Subject in any particular case to any direction given by a judge
or the Registrar, these rules shall apply to any proceeding which is
pending on the date on which they come into operation as well as to
any proceeding commenced on or after that date.

SCHEDULE [r. 2(3).]

FORMS
NO. 1



Oath by Administrator

IN THE SUPREME COURT OF HONG
KONG

PROBATE JURISDICTION

IN THE ESTATE Of
................................................

.............. .deceased.
L.N. 113/71. L.N. 104/72. L.N. 31/76. L.N. 266/83. L.N. 358/83. Citation. Interpretation. (Cap. 1.) (Cap. 10.) (Cap. 73.) (Cap. 30.) Schedule. Applications for grants through solicitors. L.N. 266/83. Personal applications. L.N. 358/83. Duty of Registrar on receiving application for grant. Oath in support of grant. Grant in additional name. Marking of wills. Engrossments for purposes of record. Evidence as to due execution of will. Execution of will of blind or illiterate testator. Evidence as to terms, condition and date of execution of will. (Cap. 30.) Attempted revocation of will. Affidavit as to due execution, terms, etc. of will. Wills of persons on military service and seamen. (Cap. 30.) Evidence of foreign law. Order of priority for grant where deceased left a will. Grants to attesting witnesses etc. (Cap. 30.) Order of priority for grant in case of intestacy. (Cap. 290.) Right of assignee to a grant. Joinder of administrator. Additional personal representatives. Grants where two or more persons entitled in same degree. Exceptions to rules as to priority. Grants to persons having spes successionis. Grants where deceased died outside Hong Kong. L.N. 31/76. Grants to attorneys. Grants on behalf of infants. Grants where infant co-executor. Grants in case of mental or physical incapacity. Grants to trust corporations and other corporate bodies. (Cap. 29.) Renunciation of probate and administration. Notice to Crown of intended application for grant. Guarantee. (Cap. 159.) Form 15. Sureties on resealing. Form 16. Application for leave to sue on guarantee. Application for grant to be supported by documents required under the Estate Duty Ordinance. (Cap. 111.) Caveats. Form 17. Form 18. Form 19. L.N. 266/83. (Cap. 4, sub. leg. ) Citations. Form 19. Citation to accept or refuse or to take a grant. Citation to propound a will. Address for service. Application for order to bring in a will or to attend for examination. Grants of administration under discretionary powers of court, and grants ad colligenda bona. Applications for leave to swear to death. Grants in respect of nuncupative wills and of copies of wills. (Cap. 30.) Grants durante absentia. Issue of copies of original wills and other documents. Taxation of costs. (Cap. 159.) (Cap. 4, sub. leg.) Power to require application to be made by summons or motion. Time limit for claims. Appeals from Registrar. Service of notice of motion and summons. Notices etc. Affidavits. L.N. 266/83. (Cap. 4, sub. leg.) Time. L.N. 266/83. (Cap. 4, sub. leg.) Application to pending proceedings. L.N. 266/83.

L.N. 113/71. L.N. 104/72. L.N. 31/76. L.N. 266/83. L.N. 358/83. Citation. Interpretation. (Cap. 1.) (Cap. 10.) (Cap. 73.) (Cap. 30.) Schedule. Applications for grants through solicitors. L.N. 266/83. Personal applications. L.N. 358/83. Duty of Registrar on receiving application for grant. Oath in support of grant. Grant in additional name. Marking of wills. Engrossments for purposes of record. Evidence as to due execution of will. Execution of will of blind or illiterate testator. Evidence as to terms, condition and date of execution of will. (Cap. 30.) Attempted revocation of will. Affidavit as to due execution, terms, etc. of will. Wills of persons on military service and seamen. (Cap. 30.) Evidence of foreign law. Order of priority for grant where deceased left a will. Grants to attesting witnesses etc. (Cap. 30.) Order of priority for grant in case of intestacy. (Cap. 290.) Right of assignee to a grant. Joinder of administrator. Additional personal representatives. Grants where two or more persons entitled in same degree. Exceptions to rules as to priority. Grants to persons having spes successionis. Grants where deceased died outside Hong Kong. L.N. 31/76. Grants to attorneys. Grants on behalf of infants. Grants where infant co-executor. Grants in case of mental or physical incapacity. Grants to trust corporations and other corporate bodies. (Cap. 29.) Renunciation of probate and administration. Notice to Crown of intended application for grant. Guarantee. (Cap. 159.) Form 15. Sureties on resealing. Form 16. Application for leave to sue on guarantee. Application for grant to be supported by documents required under the Estate Duty Ordinance. (Cap. 111.) Caveats. Form 17. Form 18. Form 19. L.N. 266/83. (Cap. 4, sub. leg. ) Citations. Form 19. Citation to accept or refuse or to take a grant. Citation to propound a will. Address for service. Application for order to bring in a will or to attend for examination. Grants of administration under discretionary powers of court, and grants ad colligenda bona. Applications for leave to swear to death. Grants in respect of nuncupative wills and of copies of wills. (Cap. 30.) Grants durante absentia. Issue of copies of original wills and other documents. Taxation of costs. (Cap. 159.) (Cap. 4, sub. leg.) Power to require application to be made by summons or motion. Time limit for claims. Appeals from Registrar. Service of notice of motion and summons. Notices etc. Affidavits. L.N. 266/83. (Cap. 4, sub. leg.) Time. L.N. 266/83. (Cap. 4, sub. leg.) Application to pending proceedings. L.N. 266/83.

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