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Wills Bill-second reading
[Explanatory Memorandum]
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Act 1837 (namely sections 6, 25, 28, 30, 31 and 32) have also been omitted since they relate to "real property" only. Subject to one exception, viz. St. John's Cathedral, all land in Hong Kong is leasehold (personal property) and it is therefore unnecessary to distinguish throughout between "real property" and "personal property"; instead the general term "property" is used. This will not affect testators disposing by will of freeholds (real property) outside the Colony since "property" is defined in the interpreta- tion clause to include both real and personal property.
4. Clause 5(2) re-enacts in changed form section 3 of Cap. 30, as this has been understood and applied in the Colony. Section 3 is in long and complex form in so far as it refers to domicile, China and Chinese law and custom. In practice, a will written in Chinese, if it represents the true intention of, and is signed by, the testator, is admitted to probate in Hong Kong being regarded as executed in compliance with section 3. Clause 5(2) follows this principle in direct and unequivocal terms.
5. Clause 6 of the Bill extends the scope of privileged wills to all property, and applies it to minors, to members of the Air Force and to any member of Her Majesty's naval or marine forces in "actual military service”.
6. Clause 10(3) of the Bill re-enacts the Wills Act 1968 which amended section 15, Wills Act 1837, to ensure that a disposition made by will to a person who (or whose spouse) has witnessed it is not invalidated if the will is also attested by at least two independent witnesses.
7. Clause 13(1) of the Bill incorporates the statutory exception provided by section 177, Law of Property Act 1925 (which provision is not at present applicable in Hong Kong), which saves wills expressed to be made in contemplation of a specific marriage from being revoked by the solemnization of that marriage.
8. The substantive changes effected by clauses 6, 10(3) and 13(1) bring the law of Hong Kong closer into line with that of the United Kingdom.
FIXED PENALTY (TRAFFIC CONTRAVENTIONS)
BILL' 1970
THE ATTORNEY GENERAL (MR ROBERTS) moved the second reading of: "A bill to provide for a fixed penalty to be payable for various