CAP. 184]

Legitimacy

CHAPTER 184

LEGITIMACY

[1986 Ed.

Originally 29 of 1971.

79 of 1981.

69 of 1984.

53 of 1986.

To amend the law relating to children born out of wedlock.

[7 October 1971.]

Short title.

1.

This Ordinance may be cited as the Legitimacy Ordinance.

Interpretation.

1926 c. 60, s. 11.

(Cap. 181.)

(Cap. 178.)

Legitimation by subsequent marriage of parents.

1926 c. 60, s. i.

2.

In this Ordinance, unless the context otherwise requires- "Court" means the Supreme Court or the District Court;

(Replaced, 79 of 1981, s. 6)

"date of legitimation" means the date of the marriage leading to the legitimation, or, where the marriage occurred before the commencement of this Ordinance, the commencement of this Ordinance;

"disposition" means an assurance of any interest in property by any instrument whether inter vivos or by will;

"intestate" includes a person who leaves a will but dies intestate as to some beneficial interest in his estate;

"legitimated person" means a person legitimated by this Ordinance: "marriage" means-

(a) a marriage celebrated or contracted in accordance with the provisions of the Marriage Ordinance;

(b) a modern marriage validated by the Marriage Reform Ordinance;

(c) a customary marriage declared to be valid by the Marriage Reform Ordinance; or

(d) a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed.

3.

(1) Subject to the provisions of this section, where the parents of an illegitimate person marry or have married one another, whether before or after the commencement of this Ordinance, the marriage shall, if the father of the illegitimate person was or is at the date of the marriage domiciled in Hong Kong or had or has at such date a substantial connexion with Hong Kong, render that person, if living, legitimate from the commencement of this Ordinance, or from the date of the marriage, whichever last happens.

(2) The legitimation of a person under this Ordinance shall not enable him or his spouse, children or remoter issue to take any interest in property save as is hereinafter in this Ordinance expressly provided.

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