UNCLAIMED BALANCES ORDINANCE, 1885
Title
UNCLAIMED BALANCES ORDINANCE, 1885
Description
Ordinance No. 1 of 1885.
Unclaimed Balances
AN ORDINANCE to make provision with respect to Unclaimed
Balances.
[2nd March,1885]
Be it enacted by the Governor of Hongkong, with the adivce of the
Legislative Council thereof, as follows: --
1. This Ordinance may be cited as the Unclaimed Balances Ordinance, 1885.
Disposal of Unclaimed Moneys.
2.-(1.) All sums of money which, at the commencement of this
Ordinance, have remained unclaimed in the Colonial Treasury for a
period of five years or longer shall be transferred to the general revenue
of the Colony, subject to the provisions of this Ordinance for their
refund if claimed after such transfer.
(2.) Lists of such sums shall forthwith be published in The Gazette,
with a notice calling upon the owners thereof to claim them.
3.-(1.) Any sume of money, other than the balance of an intestate
estate, which after the commencement of this Ordinance may from any
cause be unclaimed in the colonial Treasury may, on the expiration of
five years from the date of payment of such sum into the Treasury, be
transferred to the general revenue of the Colony, subject ot the pro-
visions of this Ordinance for its refund if claimed after such transfer.
(2.) a transfer under the provisions of this section shall be made by
an order under the hand of the Governor, which order, with the parti-
culars of the sums so transferred, shall be published in The Gazette,
and shall state the conditions on which a refund of such sums may be
obtained.
4. On the expiration of one year from the date of the decease of
any person dying intesate, where adminstration has been granted to
the Official Administrator, and the next of kin of the deceased are not
known to the Official Administrator, the Official administrator shall
cause advertisements to be published in this Colony and also, where in
his opinion it is possible, in the mother country of the deceased, to the
effect that, if no claimant appears within twelve months to claim any
funds remaining from the estate of such deceased person, such funds
will be transferred to the revenue of this Colony: Provided that such
advertisement shall not be necessary where the funds of the estate
are less than twenty dollars in value.
5. After five years from the date of the decease of any such per-
son dying intesate, the Official Administrator shall pay the unclaimed
balance of such person's estate into the Colonial Treasury, and the Gov-
ernor may direct that it be appropriated for the general purposes of the
Colony: Provided that, before such direction is give, a certificate shall
be furnished to the Governor by the Ifficial Administrator showing that
due advertisement has been made for claims to such balance of such
estate as required by the last preceding section, and that, so far as is
known to the Official Administrator, no further claim can reasonably be
expected against such balance.
6. Any unclaimed balance paid into the Colonial Trasury under the
provisions of this Ordinance at any time previous to the expiration of
five years as aforesaid shall be lodged in a chartered or incorporated
bank in this Colony, at such rate of interest as may be procurable, and
the amount of such interest shall be added to and considered portion of
such unclaimed balance.
7.-(1.) When any sum of money, other than the balance of an
intestate estate, remains for five years unclaimed in the Supreme Court,
it shall be lawful for the Court, on the application of the Registrar,
to order that such sum be paid over to the Colonial Treasurer for Transfer
to the general revenue of the Colony, subject to refund as hereinafter
provided.
(2.) Before making any such order the Court may order such notices
to be given and to such parties as the Court may think fit.
Refund of Moneys transferred.
8. It shall be lawful for any claimant to any money paid into the
Colonical Treasury under this Ordinance to present his summary petition
in that behalf to the supreme Court against the Attorney General as
respondent thereto; and if the claimant verifes his claim by evidence to
the satifaction of the Supreme Court, it shall be the duty of the Court to
make an order decaring him entitled thereto, and the Colonial Treasurer,
on receipt of such order, shall pay the sum mentioned therein to the
claimant.
9. The Governor-in-Council may entertain any moral claim(as distin-
guished from any legal or equitable claim) which may be submitted to
him by petition in writing by any person, praying for payment of any
sum of money which may have been transferred to the Colonial Revenue
under the provisions of this Ordiance, and upon such petition it shall
be lawful for the Governor-in-Council, if he thinks fit, to order that
such sum or any portion thereof be paid by the Colonial Treasurer to
the petitioner.
10. Any order made by the Governor-in Council under the last pre-
ceding section for the payment of the whole or of a portion of any sum
of money which may have been transferred to the Colonial Revenue
under the provisions of this Ordinance shall be a bar to the extent of
any payment made under such order to any subsequent claim against
the Crwon to the same sum.
11. The general revenue of the Colony shall be applicable to any
payment ordered to be made under the provisions of this Ordinance.
A.D. 1885. Ordinance No. 7 of 1885, with Ordinance No. 11 of 1888 s. 5 incorporated. Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than intestate estate Advertisement as to intestate estate. Transfer of unclaimed intestate estate to Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Rule as to moral claims. Effect of refund on moral claims.
Charging of general revenue.
Unclaimed Balances
AN ORDINANCE to make provision with respect to Unclaimed
Balances.
[2nd March,1885]
Be it enacted by the Governor of Hongkong, with the adivce of the
Legislative Council thereof, as follows: --
1. This Ordinance may be cited as the Unclaimed Balances Ordinance, 1885.
Disposal of Unclaimed Moneys.
2.-(1.) All sums of money which, at the commencement of this
Ordinance, have remained unclaimed in the Colonial Treasury for a
period of five years or longer shall be transferred to the general revenue
of the Colony, subject to the provisions of this Ordinance for their
refund if claimed after such transfer.
(2.) Lists of such sums shall forthwith be published in The Gazette,
with a notice calling upon the owners thereof to claim them.
3.-(1.) Any sume of money, other than the balance of an intestate
estate, which after the commencement of this Ordinance may from any
cause be unclaimed in the colonial Treasury may, on the expiration of
five years from the date of payment of such sum into the Treasury, be
transferred to the general revenue of the Colony, subject ot the pro-
visions of this Ordinance for its refund if claimed after such transfer.
(2.) a transfer under the provisions of this section shall be made by
an order under the hand of the Governor, which order, with the parti-
culars of the sums so transferred, shall be published in The Gazette,
and shall state the conditions on which a refund of such sums may be
obtained.
4. On the expiration of one year from the date of the decease of
any person dying intesate, where adminstration has been granted to
the Official Administrator, and the next of kin of the deceased are not
known to the Official Administrator, the Official administrator shall
cause advertisements to be published in this Colony and also, where in
his opinion it is possible, in the mother country of the deceased, to the
effect that, if no claimant appears within twelve months to claim any
funds remaining from the estate of such deceased person, such funds
will be transferred to the revenue of this Colony: Provided that such
advertisement shall not be necessary where the funds of the estate
are less than twenty dollars in value.
5. After five years from the date of the decease of any such per-
son dying intesate, the Official Administrator shall pay the unclaimed
balance of such person's estate into the Colonial Treasury, and the Gov-
ernor may direct that it be appropriated for the general purposes of the
Colony: Provided that, before such direction is give, a certificate shall
be furnished to the Governor by the Ifficial Administrator showing that
due advertisement has been made for claims to such balance of such
estate as required by the last preceding section, and that, so far as is
known to the Official Administrator, no further claim can reasonably be
expected against such balance.
6. Any unclaimed balance paid into the Colonial Trasury under the
provisions of this Ordinance at any time previous to the expiration of
five years as aforesaid shall be lodged in a chartered or incorporated
bank in this Colony, at such rate of interest as may be procurable, and
the amount of such interest shall be added to and considered portion of
such unclaimed balance.
7.-(1.) When any sum of money, other than the balance of an
intestate estate, remains for five years unclaimed in the Supreme Court,
it shall be lawful for the Court, on the application of the Registrar,
to order that such sum be paid over to the Colonial Treasurer for Transfer
to the general revenue of the Colony, subject to refund as hereinafter
provided.
(2.) Before making any such order the Court may order such notices
to be given and to such parties as the Court may think fit.
Refund of Moneys transferred.
8. It shall be lawful for any claimant to any money paid into the
Colonical Treasury under this Ordinance to present his summary petition
in that behalf to the supreme Court against the Attorney General as
respondent thereto; and if the claimant verifes his claim by evidence to
the satifaction of the Supreme Court, it shall be the duty of the Court to
make an order decaring him entitled thereto, and the Colonial Treasurer,
on receipt of such order, shall pay the sum mentioned therein to the
claimant.
9. The Governor-in-Council may entertain any moral claim(as distin-
guished from any legal or equitable claim) which may be submitted to
him by petition in writing by any person, praying for payment of any
sum of money which may have been transferred to the Colonial Revenue
under the provisions of this Ordiance, and upon such petition it shall
be lawful for the Governor-in-Council, if he thinks fit, to order that
such sum or any portion thereof be paid by the Colonial Treasurer to
the petitioner.
10. Any order made by the Governor-in Council under the last pre-
ceding section for the payment of the whole or of a portion of any sum
of money which may have been transferred to the Colonial Revenue
under the provisions of this Ordinance shall be a bar to the extent of
any payment made under such order to any subsequent claim against
the Crwon to the same sum.
11. The general revenue of the Colony shall be applicable to any
payment ordered to be made under the provisions of this Ordinance.
A.D. 1885. Ordinance No. 7 of 1885, with Ordinance No. 11 of 1888 s. 5 incorporated. Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than intestate estate Advertisement as to intestate estate. Transfer of unclaimed intestate estate to Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Rule as to moral claims. Effect of refund on moral claims.
Charging of general revenue.
Abstract
A.D. 1885. Ordinance No. 7 of 1885, with Ordinance No. 11 of 1888 s. 5 incorporated. Short title. Transfer of old balances to revenue of the Colony. Future transfer of unclaimed balances other than intestate estate Advertisement as to intestate estate. Transfer of unclaimed intestate estate to Treasury. Interest on certain unclaimed balances. Transfer of unclaimed moneys in the Supreme Court. Application for refund of money transferred. Rule as to moral claims. Effect of refund on moral claims.
Charging of general revenue.
Charging of general revenue.
Identifier
https://oelawhk.lib.hku.hk/items/show/608
Edition
1901
Volume
v1
Cap / Ordinance No.
No. 1 of 1885
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“UNCLAIMED BALANCES ORDINANCE, 1885,” Historical Laws of Hong Kong Online, accessed May 15, 2025, https://oelawhk.lib.hku.hk/items/show/608.
