REVENUE (ABOLITION OF ESTATE DUTY) Ord. No. 21 of 2005 A659 GPD ORDINANCE
REVENUE (ABOLITION OF ESTATE DUTY) ORDINANCE 2005 Ref . CONTENTS No .
Section Page Bill --
PART 1 05
PRELIMINARY A - 021
1. Short title ...... A669 - CON 2. Commencement ...... A671
PART 2
ABOLITION OF ESTATE DUTY AND TRANSITIONAL REDUCTION OF ESTATE DUTY
Amendments to the Estate Duty Ordinance
3. Application ...... A671 4. Interpretation ...... A671 5. Estate duty ...... A673 6. Exceptions for transactions for money consideration, property situate outside Hong Kong, shares on local registers and certain land in the New Territories ...... A673 7. Value of property; allowance for debts and funeral expenses A673 8. Recovery of estate duty, etc...... A673 9. Increase of estate duty when delay in lodging affidavit ...... A673 10. Duty of executor as to unregistered shares ...... A673 11. Section added 20A. Provision concerning refund in respect of persons who die between 15 July 2005 and commencement date of Revenue (Abolition of Estate Duty) Ordinance 2005 ...... A675 12. Appeal to Court of First Instance ...... A677 REVENUE (ABOLITION OF ESTATE DUTY) Ord. No. 21 of 2005 A661 GPD ORDINANCE
Section Page Ref .
13. Schedule of property to be annexed to probate ...... A677 No
14. Penalties for intermeddling ...... A677 . Bill 15. Power to reduce penalty and duty ...... A677 -- 16. Duty to give information on dealth ...... A677 05
17. Schedule 1 amended ...... A677 A - 021 Amendments to the Prescription of Forms under Section 28 - CON 18. Form amended ...... A679
Related Amendments to the Inland Revenue Ordinance
19. Liability of executor of deceased taxpayer ...... A679
Related Amendments to the Probate and Administration Ordinance
20. Section added 24B. Registrar to provide the Commissioner of Inland Revenue with information in application for grant A681 21. Section added 49AB. Registrar to provide the Commissioner of Inland Revenue with information in application for sealing of non-local grants ...... A681
PART 3
POWERS OF THE SECRETARY FOR HOME AFFAIRS
Amendments to the Probate and Administration Ordinance
22. Interpretation ...... A683 REVENUE (ABOLITION OF ESTATE DUTY) Ord. No. 21 of 2005 A663 GPD ORDINANCE
Section Page Ref .
23. Part VA added No .
PART VA Bill -- BANK ACCOUNTS AND BANK DEPOSIT BOXES 05 KEPT BY DECEASED A - 60A. Interpretation of Part VA ...... A683 021 -
60B. Certificate for releasing money from bank account CON of deceased ...... A685 60C. Certificate for inspection of safe deposit box kept by deceased ...... A687 60D. Inspection of safe deposit box and inventory of contents ...... A687 60E. Authorization for removal ...... A693 60F. Form of certificate and authorization ...... A697 60G. Secretary may attach condition ...... A697 60H. Protection of bank staff and bank ...... A697 60I. Surviving renter’s right subject to this Ordinance in 12 months following death of joint renter ...... A699
PART 4
PROHIBITION AGAINST INTERMEDDLING OF ESTATE
Amendments to the Probate and Administration Ordinance
24. Section added 60J. Prohibition against intermeddling of estate ...... A699 60K. Exemption from section 60J for estate not exceeding $50,000 ...... A705 REVENUE (ABOLITION OF ESTATE DUTY) Ord. No. 21 of 2005 A665 GPD ORDINANCE
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PART 5 No .
REGISTRAR’S POWER TO REQUIRE INFORMATION AND Bill SCHEDULE OF ASSETS AND LIABILITIES -- 05
Amendments to the Probate and Administration Ordinance A -
25. Section added 021 8A. Registrar may require information ...... A709 - CON 26. Section added 15A. Affidavit concerning assets and liabilities of estate relating to summary administration ...... A709 27. Section added 24A. Affidavit concerning assets and liabilities of estate ... A711 28. Section added 49AA. Application for sealing of grant to be supported by affidavit ...... A717
PART 6
CONSEQUENTIAL AMENDMENTS
Specification of Public Offices
29. Schedule amended ...... A721
High Court Fees Rules
30. Probate Jurisdiction ...... A723
Probate and Administration Ordinance
31. Schedule 1 amended ...... A723
Non-Contentious Probate Rules
32. Interpretation ...... A723 REVENUE (ABOLITION OF ESTATE DUTY) Ord. No. 21 of 2005 A667 GPD ORDINANCE
Section Page Ref .
33. Rule substituted No
43. Application for grant to be supported by documents . required under the Estate Duty Ordinance ...... A723 Bill -- Intestates’ Estates Ordinance 05
34. Succession to estate on intestacy ...... A723 A - 021 -
Matrimonial Causes Rules CON
35. Further proceedings on application under rule 101 ...... A725 36. Forms ...... A725
Inheritance (Provision for Family and Dependants) Ordinance
37. Interpretation ...... A725 38. Provisions as to trustees in relation to sections 12 and 13 ...... A725 39. Effect, duration and form of orders ...... A725
PART 7
SAVING PROVISION
40. Saving provision for item 2 of the Second Schedule to the High Court Fees Rules ...... A725
PART 8
MISCELLANEOUS
41. Power of the Secretary for Justice ...... A727 GPD Ref. No. Bill--05 A-021 A669 [11 February 2006] Chief Executive Ord. No. 21 of 2005 No. 21 Ord. Donald TSANG 10 November 2005 10 November 2005 OF .21 O N PART 1 RELIMINARY P RDINANCE O ORDINANCE L.S. Probate and Administration Ordinance; Probate and Administration from bank accounts of deceased facilitate release of money bank deposit boxes upon the lapse of people and inspection of Duty Ordinance on the abolition similar powers under the Estate of estate duty; legislation; and ) provision. make saving ) Revenue Ordinance and make related amendments to the Inland ) for Home Affairs to establish a system that allows the Secretary )several other pieces of make consequential amendments to a b c d ( ( ( ( HONG KONG SPECIAL ADMINISTRATIVE REGION ADMINISTRATIVE KONG SPECIAL HONG REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE This Ordinance may be cited as the Revenue (Abolition of Estate Duty) This Ordinance may be cited as the Revenue (Abolition proposal to abolish estate duty in the Budget introduced by the proposal to abolish estate financial year and to— Government for the 2005–2006 Enacted by the Legislative Council. 1. Short title Ordinance 2005. An Ordinance to amend the Estate Duty Ordinance to give effect to the An Ordinance to amend GPD Ref. No. Bill--05 A-021 A671 Ord. No. 21 of 2005 No. 21 Ord. RANSITIONAL UTY T D STATE E ); UTY AND date of the Revenue (Abolition of Estate Duty) Ordinance 2005 (21 of 2005) c D PART 2 STATE ), by repealing “column 3; and”), by repealing “column 3; and substituting E b EDUCTION OF R ORDINANCE “15 July 2005 the commencement Part 25;”. Amendments to the Estate Duty Ordinance Amendments to the Estate BOLITION OF A “column 3—”; “1 April 1998” in column 1 of the Table; substituting “Part 24”; 1916” “who dies on or after 1 January 1916 and and substituting date of the Revenue (Abolition of before the commencement (21 of 2005)”; Estate Duty) Ordinance 2005 1 January 1916”. substituting “who died before ) by repealing “Part 24;” in column 3 of the Table, and ) paragraph ( by repealing ) ( in paragraph ) died on or after 1 January by repealing “dying or who shall have )died before that date” by repealing “who shall have and ) in column 2 of the Table, by adding “15 July 2005” opposite to ) by adding at the end of the Table— b c d e a a b ( ( ( ( ( ( ( REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE Section 3(1) is amended, in the definition of “applicable Part of Schedule Section 3(1) is amended, in Section 2 of the Estate Duty Ordinance (Cap. 111) is amended— Section 2 of the Estate Duty This Ordinance shall come into operation on the expiry of the period of the period the expiry of operation on come into shall This Ordinance 1”— 4. Interpretation 3. Application 3 months commencing on the day on which this Ordinance is published in the is published Ordinance on which this on the day commencing 3 months Gazette. 2. Commencement GPD Ref. No. Bill--05 A-021 A673 Ord. No. 21 of 2005 No. 21 Ord. ) is amended by adding “amount or”) is amended by adding “amount before “rate b ) is amended by adding “amount or”) is amended by adding “amount before “rate”. ORDINANCE ) and ( b a ) is amended by adding “an amount or” by adding “an amount ) is amended before “a rate” d REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE The following is added— Section 14(17)( Section 17(3) is amended by adding “amount or” before “rate”. consideration, property situate outside consideration, on local registers and Hong Kong, shares the New Territories certain land in Section 10( and funeral expenses Section 13(6)( Section 5 is amended by repealing “graduated rates” and substituting rates” and “graduated by repealing 5 is amended Section in lodging affidavit adding “or amount”Section 16(1) is amended by after “the rates”. 11. Section added 6. for money Exceptions for transactions 7. allowance for debts Value of property; 8.of estate duty, etc. Recovery 10. shares Duty of executor as to unregistered “amount or graduated rates, as may be applicable,”. rates, as may or graduated “amount where it twice appears. of”. 9. duty when delay Increase of estate 5. duty Estate GPD Ref. No. Bill--05 A-021 A675 Ord. No. 21 of 2005 No. 21 Ord. ORDINANCE of persons who die between 15 July 2005 15 July who die between of persons date of Revenue and commencement Estate Duty) (Abolition of Ordinance 2005 (1)who dies on or the estate of any person This section applies to (2) commencement duty paid before the Where the amount of estate (3) under section 14(17) or Where the amount of a penalty paid (4)under section 12(6) before the Where an amount of interest paid (5) amount refunded under For the avoidance of doubt, an excess (6) that arose before the commencement date of the A liability (7) that arose before the commencement date of the A liability REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE 20A. refund in respect concerning Provision Revenue date of the 2005 and before the commencement after 15 July (21 of 2005). Estate Duty) Ordinance 2005 (Abolition of (21 of Duty) Ordinance 2005 (Abolition of Estate date of the Revenue set person exceeds the amount of the estate of a deceased 2005) in respect 1, the Commissioner shall, as soon as out in Part 25 of Schedule the excess amount. practicable, cause to be refunded date of the Revenue (Abolition of Estate 42(2) before the commencement of 2005) in respect of the estate of a deceased Duty) Ordinance 2005 (21 of penalty calculated on the basis of Part 25 of person exceeds the amount shall, as soon as practicable, cause to be Schedule 1, the Commissioner refunded the excess amount. the Revenue (Abolition of Estate Duty) commencement date of in respect of the estate of a deceased person Ordinance 2005 (21 of 2005) calculated on the basis of Part 25 of exceeds the amount of interest shall, as soon as practicable, cause to be Schedule 1, the Commissioner refunded the excess amount. not carry interest. subsection (2), (3) or (4) does (21 of 2005) to pay, Revenue (Abolition of Estate Duty) Ordinance 2005 of estate duty in respect of the estate of a deceased person, any amount 1 shall, as from that exceeds the amount set out in Part 25 of Schedule set out in that that date, be deemed to be a liability to pay the amount Part. (21 of 2005) to pay, Revenue (Abolition of Estate Duty) Ordinance 2005 penalty under section in respect of the estate of a deceased person, any on the basis of 14(17) or 42(2) or interest under section 12(6) calculated 25 of Schedule 1 shall, any amount that exceeds the amount set out in Part a penalty or interest as from that date, be deemed to be a liability to pay Part.”. calculated on the basis of the amount set out in that “ GPD Ref. No. Bill--05 A-021 A677 Ord. No. 21 of 2005 No. 21 Ord. ORDINANCE ) is amended by adding “amount or” “amount by adding ) is amended “rate”. before c after “1 April 1998”; ) square brackets, by adding “20A,” within the after “17,”; ) of Part 24, by adding “and before 15 July 2005” in the heading ) by adding— a b c ( ( ( “(3B) (1), (2) or (3) to the rate set out in the A reference in subsection “(1A) the rate set out in the in subsection (1) to The reference REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE Schedule 1 is amended— Section 42(2) is amended by adding “amount or” before “rate”. Section 27 is amended by repealing “rate”Section 27 is amended by and substituting “amount or Section 24 is amended by adding— Section 24 is amended by 1 shall, in relation to the estate of a person applicable Part of Schedule 2005 and before the commencement date of who dies on or after 15 July Estate Duty) Ordinance 2005 (21 of 2005), be the Revenue (Abolition of the rate set out in Part 24 of Schedule 1.”. construed as a reference to applicable Part of Schedule 1 shall, in relation to the estate of a person relation to the estate of of Schedule 1 shall, in applicable Part date of before the commencement or after 15 July 2005 and who dies on Estate Duty) Ordinance 2005 (21 of 2005), be the Revenue (Abolition of the rate set out in Part 24 of Schedule 1.”. construed as a reference to to probate amended by adding— Section 23 is Section 22(1)( Section 17. Schedule 1 amended 16. Duty to give information on death rate, as may be applicable,”. 15. reduce penalty and duty Power to 14. for intermeddling Penalties 13. to be annexed Schedule of property 12. of First Instance Appeal to Court GPD Ref. No. Bill--05 A-021 A679 Ord. No. 21 of 2005 No. 21 Ord. “PART 25 “PART Ordinance 2005 (21 of 2005))Ordinance 2005 Revenue (Abolition of Estate Duty) Revenue (Abolition before the commencement date of the date of the commencement before )— b affidavit required under the Estate Duty Ordinance (Cap. 111), (Persons dying on or after 15 July 2005 and after 15 July dying on or (Persons (i) the expiry of 1 year from such date of death; or (ii) any the expiry of 1 year from the date of filing commencement date of the Revenue (Abolition of commencement date of the Revenue (Abolition whichever is the later; and”; “after— ORDINANCE ) where the person dies at any time on or after the c substituting— date of the Revenue (Abolition of Estate Duty) Ordinance date of the Revenue (Abolition 2005 (21 of 2005),” before “no assessment or”; person’s”; Where the principal value of the estate exceeds $7,500,000, value of the estate Where the principal be $100.”. estate duty payable shall the amount of “( (i) dies before the commencement by adding “where the person (ii) by repealing “such person’s” and substituting “the (iii)made” by repealing everything after “shall be and Related Amendments to the Inland Revenue Ordinance Related Amendments to the ) by adding— ) in paragraph ( Amendments to the Prescription of Forms under Section 28 to the Prescription of Forms Amendments b a ( ( REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE Section 54 of the Inland Revenue Ordinance (Cap. 112) is amended, in the Section 54 of the Inland Revenue The Prescription of Forms under Section 28 (Cap. 111 sub. leg. B) is The Prescription of Forms proviso— 19. of executor of deceased taxpayer Liability 18. Form amended E.D. 3, in the top right corner, by repealing the amended, in form I.R. Form REVENUE DEPARTMENT, ESTATE DUTY address below “INLAND OFFICE,” KONG.”. and substituting “HONG GPD Ref. No. Bill--05 A-021 A681 Ord. No. 21 of 2005 No. 21 Ord. Estate Duty) Ordinance 2005 (21 of 2005) in any year of 2005) in 2005 (21 Duty) Ordinance Estate additional assessment or no assessment of assessment, under additional tax to than an assessment (other to his death in respect of a period prior section 82A) immediately after the expiry of 3 years shall be made of assessment.”. after that year ORDINANCE of Inland Revenue with information in application for sealing of non-local grants Inland Revenue with information in Inland Revenue with information application for grant Within 1 month of the receipt of an application made under section Within 1 month of the receipt sealing a grant Within 1 month of the receipt of an application for Related Amendments to the Probate and Administration Ordinance to the Probate and Related Amendments REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE The Probate and Administration Ordinance (Cap. 10) is amended by The Probate and Administration 24B. of Registrar to provide the Commissioner of a person who dies on or after the 24 in respect of the estate the Revenue (Abolition of Estate Duty) commencement date of 2005), the Registrar shall provide the Ordinance 2005 (21 of with such information supplied by the Commissioner of Inland Revenue of the application as the Commissioner may applicant for the purposes the Inland Revenue Ordinance (Cap. 112).”. require for the purposes of The following is added after section 49— 49AB. to provide the Commissioner Registrar who dies on or after under section 49 in respect of the estate of a person of Estate Duty) the commencement date of the Revenue (Abolition shall provide the Ordinance 2005 (21 of 2005), the Registrar supplied by the Commissioner of Inland Revenue with such information Commissioner may applicant for the purposes of the application as the (Cap. 112).”. require for the purposes of the Inland Revenue Ordinance “ “ 20. Section added adding— 21. Section added GPD Ref. No. Bill--05 A-021 A683 有尚存安 ECEASED D FFAIRS EPT BY ) means a safe deposit A K ) means a Certificate for Ord. No. 21 of 2005 No. 21 Ord. ) means a safe deposit box OME ) means an Authorization for ) means an Authorization OXES H B ) means a Certificate for Necessity 聯名租用保管箱 EPOSIT 支用款項證明書 D 單人租用保管箱 “PART VA PART 3 PART 取去物品授權書 ANK 檢視證明書 ECRETARY FOR B S ) means a jointly rented safe deposit box kept ) means the Secretary for Home Affairs;”. ) means the Secretary ORDINANCE ) has the same meaning as in the Banking Ordinance ) has the same meaning 局長 CCOUNTS AND OWERS OF THE A P 銀行 ANK Amendments to the Probate and Administration Ordinance to the Probate and Administration Amendments kept at a bank in the sole name of a person; pursuant to an agreement under the terms of which the access to the pursuant to an agreement under the terms of which is not affected by contents of the box of any of the renters of the box the death of any other renter of the box; In this Part— (Cap. 155); 60C(1); of Inspection of Bank Deposit Box issued under section Removal from Bank Deposit Box issued under section 60E(1) Removal from Bank Deposit or (2); 60B(1); Necessity of Release of Money issued under section persons; box jointly kept at a bank in the names of 2 or more 排聯名租用保管箱 B REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE “solely rented safe deposit box” ( 60A. VA Interpretation of Part “authorization for removal” ( “certificate for inspection” ( “certificate for release of money” ( Section 2 of the Probate and Administration Ordinance (Cap. 10) is Ordinance (Cap. the Probate and Administration Section 2 of “bank” ( “jointly rented safe deposit box” ( “jointly rented safe deposit box with survivorship arrangement” ( The following is added— ““Secretary” ( 22. Interpretation amended by adding— 23. added Part VA GPD Ref. No. Bill--05 A-021 A685 ) in respect of the a Ord. No. 21 of 2005 No. 21 Ord. ), shall be made by a person who ), shall be made by a person b ), in relation to a jointly rented safe deposit rented safe to a jointly ), in relation ), be made by any person who appears to ), be made by any person a 尚存租用人 on or after the commencement date of the Revenue commencement date on or after the Ordinance 2005 (21 of (Abolition of Estate Duty) 2005); and death; and estate of the deceased. ORDINANCE (i) who dies the estate of a deceased person in respect of (i) his was dependent on the deceased immediately before (ii) the Secretary; in a manner specified by (ii)in the appears to the Secretary to have an interest person maintained an account in his sole name with a bank person maintained an account and immediately before his death; in respect of the estate; and intends to apply for a grant subsection (3)( the Secretary to be a fit and proper person to be the holder the Secretary to be a fit and of the certificate applied for. of the relating to a bank account in respect of the estate deceased person; and ) upon an application made— ) that the deceased upon being satisfied by the applicant ) subject to paragraph ( ) described in may, where it is made only for the purpose ) funeral expenses of the deceased person; meeting the ) of any person who— maintenance ) issues a certificate for release of money the Secretary ) upon such proof as he considers sufficient, a b c a b a b a ( ( ( ( ( ( ( ( bank account of deceased bank account (2) (1)( An application made under subsection (1) The Secretary may— box, means, where any renter in whose name the box is kept dies, any the box is kept whose name renter in where any box, means, box is kept. name the renter in whose surviving (3) for release of money issued in respect of the estate A certificate (4) If— REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE issue to the applicant a Certificate for Necessity of Release of Money in issue to the applicant a Certificate respect of the estate. estate of a deceased person— 60B. money from Certificate for releasing of a deceased person shall certify that the Secretary is satisfied that the of a deceased person shall certify that the Secretary for any or both of amount of money specified in the certificate is needed the following purposes— “surviving renter”“surviving ( GPD Ref. No. Bill--05 A-021 A687 Ord. No. 21 of 2005 No. 21 Ord. ORDINANCE (i) presents the certificate to the bank concerned; and (i) box; or a solely rented safe deposit (i) and concerned; to the bank the certificate presents (ii) bank, produces sufficient proof of his identity to the (ii) box, a jointly rented safe deposit (ii) to the bank, his identity proof of sufficient produces safe deposit box in respect of the estate of the deceased; and safe deposit box in respect of the estate of the deceased; concerned; the estate of the deceased concerned; or deposit box, by any surviving renter. at a bank immediately before his death; and at a bank immediately before who dies on or after the commencement date of the who dies on or after the Duty) Ordinance 2005 (21 of Revenue (Abolition of Estate 2005) kept— ) issues a certificate for inspection relating to a the Secretary ) of the certificate— the holder ) of the deceased by the executor or any one of the executors ) by a person who intends to apply for a grant in respect of ) specified by him; upon an application made in a manner ) a deceased person upon being satisfied by the applicant that )holder of the certificate— the ) where the safe deposit box concerned is a jointly rented safe ) upon such proof as he considers sufficient, a b a b c c a b b ( ( ( ( ( ( ( ( ( inventory of contents deposit box kept by deceased deposit box kept (1) If— (2) may be made— An application under subsection (1) (1) The Secretary may— REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE the bank shall allow the holder of the certificate to inspect, subject to the the bank shall allow the holder of the certificate to (if any) and in condition attached to the certificate under section 60G(1) 60D. Inspection of safe deposit box and issue to the applicant a Certificate for Necessity of Inspection of Bank issue to the applicant a Certificate the estate of the deceased. Deposit Box in respect of the presentation of the certificate shall be regarded as a request for be regarded as a request of the certificate shall the presentation duly in it from the account the amount of money specified withdrawal of subject alive and the bank shall, person as if he were made by the deceased (if any), under section 60G(1) attached to the certificate to the condition accordingly. to the holder of the certificate make payment 60C.for inspection of safe Certificate GPD Ref. No. Bill--05 A-021 A689 Ord. No. 21 of 2005 No. 21 Ord. one of the persons named in the will or instrument as the executor or executors of the deceased concerned; or the executor or all executors named in the will or the executor or all executors instrument— (A) cannot be located; (B) to act as executor; refuse (C)or have died; (D) are otherwise not capable of acting as executor, the safe deposit box; and ORDINANCE (i)not valid; or the will or instrument is (ii) the will or instrument or that no executor is named in (ii) (A) the holder of the certificate is not the person or found in a safe deposit box upon an inspection made found in a safe deposit box upon an inspection pursuant to a certificate for inspection; similar instrument in the safe deposit box; similar instrument which he is a surviving renter; found in the safe deposit box; the executors of the deceased the executor or one of safe deposit box; or concerned is found in the that a will of the deceased has been satisfied by the holder found in the safe deposit box or similar instrument has been and that— ) includes in the certificate a statement that he the Secretary ) deceased concerned or similar instrument is a will of the ) (i) the holder of the certificate is not a surviving renter of ) or is any will of the deceased ascertaining whether there ) subsection (3). preparing an inventory under ) box of rented safe deposit the safe deposit box is a jointly ) similar instrument is no will of the deceased concerned or ) naming him as a will of the deceased or similar instrument a b a b a b c d ( ( ( ( ( ( ( ( (4) If— (2) (1) are— referred to in subsection The prescribed purposes (3) pursuant to box has been inspected After a safe deposit REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE prepare, in the presence of the public officers and the employee of the prepare, in the presence of the public officers and contained in the safe bank, an inventory of the articles and documents deposit box. the presence of such public officers as the Secretary may authorize and an and may authorize as the Secretary public officers of such the presence for any or both box only in the all items contained of the bank, employee (2). in subsection purposes prescribed of the subsection (1) by the holder of a certificate for inspection, the holder shall, for inspection, the holder by the holder of a certificate subsection (1) where— GPD Ref. No. Bill--05 A-021 A691 Ord. No. 21 of 2005 No. 21 Ord. ), d and legible form. legible form. (B) the will or instrument; is named in no executor ORDINANCE (i) in a legible form; or (i) in a legible form; or (ii) of being reproduced in a in a non-legible form capable (ii) in a in a non-legible form capable of being reproduced found in a safe deposit box inspected pursuant to subsection found in a safe deposit box (1); and as the executor or one of the in the will or instrument concerned, executors of the deceased inventory, inventory; and referred to in subsection (3)( referred to in officers present. )will or instrument; make a copy of the ) and close or seal the box; ) or instrument to the public over the copy of the will hand ) instrument is a will of the deceased concerned or similar ) inspection is named the holder of the relevant certificate for ) officers present at the inspection; and the public ) of the certificate for inspection who prepared the the holder ) of 6 years after the preparation of the for a period ) either— ) after it is made; and by the Secretary for a period of 6 years ) either— ) of the Secretary not contain a statement the certificate does ) into the safe deposit box; the will or instrument back put f g a b a b a b c d e a b ( ( ( ( ( ( ( ( ( ( ( ( ( ) shall be kept— (6) Where— (7) and correctness of an inventory prepared under The truthfulness (8) an inventory prepared under subsection (3) shall be A copy of (9) an inventory kept under subsection (8) shall be kept— A copy of (5) subsection instrument made under A copy of a will or similar d REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE the bank shall allow the holder of the certificate to, subject to the the bank shall allow the certificate under section 60G(1) (if any), take condition attached to the after placing a copy of it in the safe possession of the will or instrument deposit box. subsection (3) shall be verified by— by signing on the inventory. Secretary. kept by the bank. Another copy shall be kept by the the employee of the bank shall immediately— the employee (4)( GPD Ref. No. Bill--05 A-021 A693 Ord. No. 21 of 2005 No. 21 Ord. deceased concerned; respect of the estate of the deceased concerned; or surviving renter of the safe deposit box; and (A) the executor or any one of the executors of the (B) a person who intends to apply for a grant in (C) box) a (in the case of a jointly rented safe deposit included in the inventory is necessary for or relevant an to an application under section 15 or 24(1) or of application for sealing of a probate or letters administration under section 49; or the estate of the deceased concerned; and the estate of a grant; and application for concerned; or deposit box; and surviving renter of the safe ORDINANCE (i) in a manner specified by him; and (i) a document (including a will or similar instrument) (i) in respect of intends to apply for a grant the applicant (i) in the estate of the deceased has a legitimate interest (ii) by— (ii) or relevant to the instrument is necessary for the will or (ii) rented safe deposit box) is a (in the case of a jointly ) made— upon an application ) satisfied that— upon being ) specified by him; made in a manner upon an application ) upon being satisfied that— ) specified by him; upon an application made in a manner ) upon being satisfied that the applicant— ) by the Secretary, payment of a fee specified upon ) upon payment of a fee specified by the Secretary, a b a b c a b c ( ( ( ( ( ( ( ( (1) under section 60D(3) in Where an inventory has been prepared (10) kept by the is or similar instrument of a will a copy Where (11) under subsection (3) in Where an inventory has been prepared REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE 60E. Authorization for removal the Secretary may— respect of a safe deposit box, Secretary under subsection (5), the Secretary may— Secretary (5), the under subsection Secretary kept of the will or instrument applicant a copy of the copy provide to the by the Secretary. the Secretary may— respect of a safe deposit box, a copy of the inventory kept by him under provide to the applicant subsection (8). GPD Ref. No. Bill--05 A-021 A695 Ord. No. 21 of 2005 No. 21 Ord. deceased who has an urgent need for the need for an urgent who has deceased document; and of any the legitimate interest box will not prejudice estate of the deceased, person in the concerned; or concerned, the estate of the deceased (A) than the a person other facie to belongs prima (B) document from the safe deposit the removal of the ORDINANCE (i) the executors of the deceased the executor or one of (i) presents the authorization to the bank concerned; and (ii) bank, produces sufficient proof of his identity to the (ii) apply for a grant in respect of a person who intends to (ii) in the inventory— included a document executors of the deceased concerned nor a person who executors of the deceased in respect of the estate) upon intends to apply for a grant of a written consent of— production by the applicant or article from the safe to the removal of the document deposit box, of a safe deposit box; and a surviving renter of the safe deposit box; a surviving renter of the safe in the inventory belongs any document or article included to the applicant; and ) issues an authorization for removal in respect the Secretary ) of the authorization— the holder ) specified by him by upon an application made in a manner ) the applicant that upon being satisfied by an affidavit by ) nor one of the (where the applicant is neither the executor a b a b c ( ( ( ( ( (3)avoidance of doubt, an authorization for removal can be For the (4) If— (2) 60D(3) in been prepared under section Where an inventory has REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE the bank shall, subject to subsection (5), allow the holder of the the bank shall, subject to subsection (5), allow the certificate under authorization to, subject to the condition attached to document or article section 60G(1) (if any), take possession of the specified in the authorization. issue to the applicant an Authorization for Removal from Bank Deposit issue to the applicant an Authorization Box specifying the document or article. issued under both subsections (1) and (2). issue to the applicant an Authorization for Removal from Bank Deposit for Removal from Bank an Authorization issue to the applicant the document. Box specifying with survivorship arrangement, rented safe deposit box respect of a jointly the Secretary may— GPD Ref. No. Bill--05 A-021 A697 Ord. No. 21 of 2005 No. 21 Ord. ORDINANCE possession of anything under section 60D(6); or possession of anything under section 60E(4). of money pursuant to section 60B(4); inspect the safe deposit box under section 60D(1); ) for inspection to take allowing the holder of the certificate ) to the holder of the certificate for release making payment )the holder of the certificate for inspection to allowing ) a certificate for release of money; ) a certificate for inspection; or ) money; a certificate for release of ) or a certificate for inspection; ) allowing the holder of the authorization for removal to take ) closing or sealing the safe deposit box under section 60D(4); ) an authorization for removal. ) an authorization for removal, d e a b c a b c a b c ( ( ( ( ( ( ( ( ( ( ( As long as an employee of a bank through whom the bank performed As long as an employee of a bank through whom the (2) under subsection (1) if The Secretary shall not attach a condition (3) shall be endorsed on the A condition attached to a certificate (1) as he thinks fit to— The Secretary may attach such condition The form of— (5) is a will for removal authorization in an a document specified If REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE 60H. Protection of bank staff and bank or 60E(4) has acted in its function under section 60B(4), 60D(1), (4) or (6) and the bank shall good faith and has exercised due care, the employee not incur any civil liability for— it may likely prejudice the legitimate interest of any person in the estate it may likely prejudice the concerned. certificate. 60G. Secretary may attach condition shall be specified by the Secretary. 60F. and authorization Form of certificate of the deceased concerned or similar instrument, the bank shall only allow the bank instrument, or similar concerned of the deceased (4) subsection of it under take possession to of the authorization the holder box. a copy of it in the safe deposit after placing GPD Ref. No. Bill--05 A-021 A699 STATE E Ord. No. 21 of 2005 No. 21 Ord. NTERMEDDLING OF I PART 4 s right subject to this s right ’ ORDINANCE (i) any part of an estate; or (ii) any property, the commencement date of the Revenue (Abolition of the commencement date of the Revenue (Abolition Estate Duty) Ordinance 2005 (21 of 2005); and dies. situated in Hong Kong when the deceased concerned in respect of the safe deposit box during the 12 months the safe deposit box during in respect of during the of the deceased renter concerned) after the death renter concerned; the death of the deceased 12 months after renter concerned) before the after the death of the deceased preparation of such inventory, ) the estate of any person who dies on or after in relation to ) to— ) 60D(3) is prepared under section (where an inventory ) the 12 months (where no inventory is so prepared during ROHIBITION AGAINST a b a b P ( ( ( ( of estate Amendments to the Probate and Administration Ordinance Amendments to the Probate Ordinance in 12 months following following in 12 months Ordinance joint renter death of (1) applies— This section (1) a surviving in the contract between Notwithstanding anything (2) renter to satisfy the It shall be the obligation of the surviving REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE The Probate and Administration Ordinance (Cap. 10) is amended by The Probate and Administration 60J. Prohibition against intermeddling renter of a jointly rented safe deposit box with survivorship arrangement rented safe deposit box renter of a jointly right of of the safe deposit box, his concerned for the renting and the bank shall— box under the contract contents of the safe deposit access to the to this Ordinance. only be exercisable subject of the deceased renter concerned.”. bank as to the date of death 60I. renter Surviving “ 24.added Section adding immediately before section 61— GPD Ref. No. Bill--05 A-021 A701 Ord. No. 21 of 2005 No. 21 Ord. power under section 15; ORDINANCE (i) for the exercise of his to the Official Administrator (ii) grant under section 24; or for a trustee or the manager of a Tso or Tong, trustee or the estate under section 49AA, respect of the (iii) for sealing of a grant under section 49, exhibiting a schedule, or a supported by an affidavit an additional schedule, corrective affidavit exhibiting estate, setting out such part of the renter of a jointly rented safe deposit box with survivorship right of arrangement to exercise, subject to section 60I, his the access to the contents of the safe deposit box under contract for the renting of the safe deposit box; and care for that purpose, ) or in respect of the estate; annexed to a grant made ) an application in respect of the estate— first filing ) or the estate of a deceased person; any part of ) of a deceased in the capacity any property held by the ) any part of the estate; or )the estate, any part of the income of any part of ) through an employee of it allows a surviving a bank acting ) has acted in good faith and has exercised due the employee ) under section 15A; exhibited ) in the sealing of a grant to an instrument effecting annexed ) lawful authority or reasonable excuse; or a b c d e a b c d a b ( ( ( ( ( ( ( ( ( ( ( (2) excuse, or reasonable authority without lawful person who, Any (3) who, being neither the Subject to section 60K(9), any person (4) of a bank through whom the bank performed its If an employee (5) If— REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE deals with— which is not set out in the schedule and additional schedule (if any)— out in the schedule and which is not set commits an offence. nor the person entitled in priority to the executor of a deceased person of a deceased person, takes possession of or in administration of the estate any way administers— without— commits an offence. 60E(4) has acted in function under section 60B(4), 60D(1), (4) or (6) or the employee and good faith and has exercised due care for that purpose, whether he or it has the bank shall, for the purposes of determining by performing that committed an offence under subsection (2) or (3) function, be regarded as having acted with lawful authority. GPD Ref. No. Bill--05 A-021 A703 Ord. No. 21 of 2005 No. 21 Ord. power under section 15; exercise of his power under section 15; or ORDINANCE (i) for the exercise of his to the Official Administrator (i) an application to the Official Administrator for the (ii)a grant under section 24; or for (ii) an application for a grant under section 24, the estate or the income of any part of the estate within the the income of any part of the estate or date on which the commencing on the prescribed period and deceased dies; in respect of the estate— (iii) for sealing of a grant under section 49, exhibiting a schedule, or a supported by an affidavit an additional schedule, corrective affidavit exhibiting estate, setting out such part of the under section 15; is made, means 12 months; under section 49 is made, means 18 months. ) part of any way administers, any takes possession of, or in ) period an application fails to submit within the prescribed ) Administrator for the exercise of his power to the Official ) under section 24; or for a grant ) which— in a case in ) which an application for sealing of a grant in a case in ) for sealing of a grant under section 49, a b a b c a b ( ( ( ( ( ( ( (6) person or any executor of a deceased Subject to section 60K(9), (8) (6) and (7), “prescribed period”— In subsections (7) of a deceased person or Subject to section 60K(9), any executor REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE the bank and the employee shall, for the purposes of determining whether of determining for the purposes shall, and the employee the bank (3) by allowing (2) or under subsection an offence has committed it or he with lawful having acted regarded as right, be of that the exercise authority. of a administration of the estate in priority to the any person entitled who— deceased person a corrective affidavit supported by an affidavit exhibiting a schedule, or part of the estate exhibiting an additional schedule, setting out such commits an offence. commits an offence. to the administration of the estate of a any person entitled in priority possession of, or in any way administers, any deceased person who takes of any part of the estate after the expiry part of the estate or the income on the date on which the deceased of the prescribed period commencing an application in respect of the estate— dies without first submitting GPD Ref. No. Bill--05 A-021 A705 Ord. No. 21 of 2005 No. 21 Ord. the relevant estate, not exceeding $50,000 the date of his death are money in aggregate; and Tong as at the date of his the manager of a Tso or death, ORDINANCE (i)estate; or part of the relevant the relevant (i) owned by the deceased as at all properties beneficially (ii) part of of the income of the relevant the relevant part (ii)deceased did not hold any property as trustee or as the as the case may be. as the case may Revenue (Abolition of Estate commencement date of the of 2005); and Duty) Ordinance 2005 (21 concerned dies. to administer the estate; and the person entitled in priority of his beneficially owned by the deceased as at the date death; and schedule exhibited by it to the best of the knowledge, sworn. information and belief of the person by whom it is respect of the estate of a deceased person; and ) 3; and a fine at level ) to the value of— an additional penalty equal ) on or after the any deceased person who dies ) when the deceased any property situated in Hong Kong ) of a deceased person or upon an application by the executor ) affidavit of the applicant that— upon being satisfied by an ) in duplicate setting out all properties exhibit a schedule )truthfulness and correctness of it and of the verify the ) notice is issued under subsection (2) in a confirmation a b a b a b a b a ( ( ( ( ( ( ( ( ( not exceeding $50,000 not exceeding (9) (3), (6) (2), under subsection an offence person who commits A (1) This section applies to— (2) The Secretary may— (3) under subsection (2) shall— An affidavit (4)a confirmation notice is issued upon an application Where (5) Where— REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE or (7) shall be liable on conviction to— on conviction be liable or (7) shall 60K. from section 60J for estate Exemption issue to the applicant a confirmation notice in respect of the estate. issue to the applicant a confirmation notice in respect exhibited by the supported by an affidavit, a duplicate of the schedule confirmation notice. affidavit under subsection (3) shall be attached to the GPD Ref. No. Bill--05 A-021 A707 Ord. No. 21 of 2005 No. 21 Ord. deceased as at the date of his death which has not been which has of his death as at the date deceased to the affidavit the schedule exhibited disclosed in concerned; the date of his of a Tso or Tong as at as the manager death; or notice, confirmation or ORDINANCE (i)owned by the beneficially property aware of any (i) respect of the confirmation notice; the affidavit filed in (ii) trustee or held any property as aware that the deceased (ii)schedule exhibited by such affidavit, the (iii) the the schedule attached to aware of any inaccuracy in beneficially owned by the of money not exceeding $50,000 his death; deceased as at the date of date of his death; or of a Tso or Tong as at the notice of any property which is set out in the schedule notice exhibited by the affidavit to which the confirmation relates; and administration of property. ) notice is subsequently— confirmation applicant for the the ) is not wholly made up the estate of the deceased concerned ) or as the manager the deceased held any property as trustee ) possession or administration by the holder of the the taking )incidental to such taking possession or any act ) there is any material inaccuracy in— b a b c a b ( ( ( ( ( ( (6) a confirmation notice under If, at any time after issuing (7)a confirmation notice under Where the Secretary cancels (8) who contravenes subsection (7) commits an offence A person (9) confirmation notice issued under subsection (2) is in Where a (10) affidavit, schedule or notice under this section An application, REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE the applicant shall, as soon as practicable, give a written notice of the fact give a written notice of shall, as soon as practicable, the applicant to the Secretary. is satisfied on reasonable ground (whether subsection (2), the Secretary subsection (5)) that— upon a notice given under the holder of the confirmation notice in the Secretary may, by notifying notice. writing, cancel the confirmation of the notice shall surrender it to the Secretary subsection (6), the holder as soon as practicable. and shall be liable on conviction to a fine at level 1. force, section 60J(3), (6) and (7) shall not apply to— shall be in such form as the Secretary may determine.”. GPD Ref. No. Bill--05 A-021 A709 Ord. No. 21 of 2005 No. 21 Ord. IABILITIES NFORMATION AND L I EQUIRE R SSETS AND PART 5 PART A OWER TO P S ’ persons ordinarily resident in Hong Kong; or in charged on any property of the deceased situated Hong Kong. CHEDULE OF ORDINANCE S (i) liabilities contracted by the deceased in Hong Kong to (ii) any other liabilities contracted by the deceased and personal property situated in Hong Kong; information relating to the estate concerned, including but information relating to the the estate, which appears to the not limited to the value of the purposes of the exercise of Registrar to be necessary for 3; and the jurisdiction under section affidavit.”. ) “assets” or means assets in the form of real property ) in relation to a deceased person, means— “liabilities”, ) to provide any require any applicant for a grant ) in the form of an require provision of such information a b a b EGISTRAR ( ( ( ( R estate relating to summary administration Amendments to the Probate and Administration Ordinance to the Probate and Administration Amendments (1) In this section— The Registrar may— REVENUE (ABOLITION OF ESTATE DUTY) OF ESTATE (ABOLITION REVENUE 15A. Affidavit concerning assets and liabilities of The following is added— 8A. Registrar may require information The Probate and Administration Ordinance (Cap. 10) is amended by (Cap. 10) is amended and Administration Ordinance The Probate “ “ 26. Section added 25. Section added after section 8— adding immediately GPD Ref. No. Bill--05 A-021 A711 Ord. No. 21 of 2005 No. 21 Ord. ORDINANCE personal property situated in Hong Kong; subsection (3) or an additional schedule exhibited under this subsection (3) or an additional subsection; and known to the applicant that as at the date of his death that schedule but are not so set should have been set out in out. ) “assets” or means assets in the form of real property ) exhibited und