Statutory Instrument 1997 No. 1572

      The Hong Kong (Colonial Probates Act) Order 1997


      © Crown Copyright 1997

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STATUTORY INSTRUMENTS


1997 No. 1572

HONG KONG ADMINISTRATION OF ESTATES

The Hong Kong (Colonial Probates Act) Order 1997

  Made 26th June 1997 
  Laid before Parliament 30th June 1997 
  Coming into force 1st July 1997 

At the Court of Saint James's, the 26th day of June 1997

Present,

The Counsellors of State in Council

Whereas Her Majesty, in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 18th day of June 1997, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty's absence from the United Kingdom to summon and hold on Her Majesty's behalf Her Privy Council and to signify thereat Her Majesty's approval for anything for which Her Majesty's approval in Council is required:

     Now, therefore, His Royal Highness The Prince Charles, Prince of Wales, and his Royal Highness The Prince Andrew, Duke of York, being authorised thereto by the said Letters Patent, and in pursuance of the powers conferred by paragraph 3(2) of the Schedule to the Hong Kong Act 1985[1] and all other powers enabling Her Majesty, and by and with the advice of Her Majesty's Privy Council, do on Her Majesty's behalf order, and it is hereby ordered, as follows: - 

     1. This Order may be cited as the Hong Kong (Colonial Probates Act) Order 1997 and shall come into force on 1st July 1997.

    
2. There shall be inserted after section 1 of the Colonial Probates Act 1892 (application of Act by Order in Council)[2] the following provision:

         " 1A. This Act shall apply in relation to the Hong Kong Special Administrative Region of the People's Republic of China as it applied, immediately before 1st July 1997, to Hong Kong; and the Colonial Probates Act Application Order 1965 shall, in relation to that Region, continue in force accordingly."

     3. This Order extends to Northern Ireland.


N. H. Nicholls
Clerk of the Privy Council


EXPLANATORY NOTE

(This note is not part of the Order)


This Order provides for the continuation of the procedures under the Colonial Probates Act 1892 for the recognition in the United Kingdom of probates and letters of administration granted in British possessions, in relation to the Hong Kong Special Administrative Region of the People's Republic of China, notwithstanding that as from 1st July 1997 Hong Kong ceases to be a British possession.


Notes:

[1] 1985 c.15.back

[2] 55 and 56 Vict. c.6.back



ISBN 0 11 064567 7


 
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Prepared 9 July 1997