THE HONG KONG GOVERNMENT GAZETTE, FEBRUARY 26, 1932.
mentioned in the Second Schedule, and in the case
of a mortgage any higher duty payable by the mortgagor shall rank as a charge subsequent to that of the mortgagee.
deemed to
5.-(1) Property passing on the death of the What pro- deceased shall be deemed to include the property perty is following:-
(a) property of which the deceased was at the 57 & 58 Vict.
time of his death competent to dispose;
c. 30, s. 2 (1).
or
pass on death.
(b) property in which the deceased or any 63 Vict.
other person had an interest ceasing on c. 7, s. 11; the death of the deceased, to the extent 10 Edw. 7, to which a benefit accrues or arises by the c. 8, s. 59. cesser of such interest, and such property shall be deemed to pass on the death of the deceased notwithstanding that that estate or interest has been surrendered, assured, divested or otherwise disposed of, whether for value or not, to or for the benefit of any person entitled to an estate or interest in remainder or reversion in such property, unless that surrender, assurance, divesting or disposition was bona fide made effected three years before the death of the deceased, and bona fide possession and enjoyment of the property was assumed thereunder immediately upon the surrender, assurance, divesting or disposition, and thenceforward retained to the entire exclu- sion of the person who had the estate or in- terest limited to cease as aforesaid, and of any benefit to him by contract or otherwise : Provided that where property affected by such a surrender, assurance, divesting or disposition is deemed to be property passing on the death of the deceased by reason only that the property was not, as from the date of the surrender, assurance, divesting or disposition, retained to the entire exclusion of the deceased or a person who had an estate or interest limited to cease on the death of the deceased, and of any benefit to him by contract or otherwise, the property shall not be deemed to pass on the death of the deceased if subsequently. by means of the surrender of the benefit reserved or otherwise, it is enjoyed to the entire exclusion of the deceased or such other person as aforesaid, and of any benefit to him by contract or otherwise, for a period of three years immediately preceding the death of the deceased: Provided also that this paragraph shall not apply to any property the interest in which of the deceased or other person was only an interest as holder of an office or as recipient. of the benefits of a charity or as a corpora- tion sole;
(c) property taken as a donatio mortis causa
44 & 45 Vict. made by the deceased or taken under a disposition made by him, purporting to s. 38 (2);
c. 12,
operate as an immediate gift inter vivos, 52 & 53 Vict. whether by way of transfer, delivery, dec- 7, s. 11; laration of trust, or otherwise, which shali 57 & 58 Vict. not have been bona fide made three years s. 2 (1);
c. 30, before his death, or taken under any gift, 10 Edw. 7. whenever made, of which property bona fide c. 8, s. 59. possession and enjoyment shall not have been assumed by the donee immediately upon the gift and thenceforward retained to the entire exclusion of the donor or of any benefit to him by contract or otherwise Provided that this paragraph shall not apply
193