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was effective by Chinese laws or usages, whatever that may mean. This bill, therefore, seeks to bring the law into line with what is an accepted and, if I may say so, a very sensible practice.
Changes to the present law are also made by clauses 6, 10(3) and 13(1). Clause 6 introduces the right of members of the armed forces to make what is called a "privileged will", that is to say, one in a simple form which need not comply with the usual formalities if members of the armed forces are in "actual military service". This has been part of the law of England for some time but is new to Hong Kong.
Clause 10(3), which is based on the English Wills Act 1968, ensures that if a will is witnessed by two independent witnesses, it will be valid even if in addition a beneficiary has been a witness.
Clause 13 incorporates a provision of the Law of Property Act 1925, so as to save a will which is made in contemplation of a marriage which later takes place, because at present marriage automatically revokes any previous will.
I commend this to honourable Members as a useful law reform measure, consolidating the law on wills into a readily accessible form. It has the support of the Hong Kong Law Society.
1
Question put and agreed to.
Bill read the second time.
Bill committed to a committee of the whole Council pursuant to Standing Order No 43(1).
Explanatory Memorandum
This Bill consolidates the law relating to the making of wills, makes fuller provision for privileged wills, and generally brings the law of Hong Kong closer to that of the United Kingdom.
2. The basis of the present law is the English Wills Act 1837 which is in force in Hong Kong by virtue of the Applica- tion of English Law Ordinance, Cap. 88. The Bill follows that Act closely in substance though the opportunity has been taken to modernize, where appropriate, some of the phraseology in the Act and to delete obsolete provisions. No substantive change in the law however has been made in this process.
3.
Those sections of the Wills Act 1837 which are obsolete have been omitted from the Bill and are indicated in the “Table of Repeals and Replacements". Certain sections of the Wills