CAP. 184]
Provisions
as to persons legitimated by extraneous law.
1926 c. 60. s. 8(1) & (3).
Application to persons recognized as having been legitimated. 1926 c. 60, s. 8(2).
Right of
illegitimate child and mother of illegitimate child to succeed on intestacy of the other.
1926 c. 60, s. 9.
Legitimacy of children of
certain void marriages. 1959 c. 73. s. 2.
Legitimacy
[1986 Ed.
8. (1) Where the parents of an illegitimate person marry or have married one another, whether before or after the commencement of this Ordinance, and the father of the illegitimate person was or is, at the time of the marriage, domiciled in or had a substantial connexion with a country, other than Hong Kong, by the law of which the illegitimate person became legitimated by virtue of such subsequent marriage, that person, if living, shall in Hong Kong be recognized as having been so legitimated from the commencement of this Ordinance or from the date of the marriage, whichever last happens, notwithstanding that his father was not at the time of the birth of such person domiciled in or did not have a substantial connexion with a country in which legitimation by subsequent marriage was permitted by law.
(2) For the purposes of this section the expression "country" includes any Commonwealth country and any foreign country.
9. All the provisions of this Ordinance relating to legitimated persons and to the taking of interests in property by or in succession to a legitimated person and the spouse, children and remoter issue of a legitimated person shall apply in the case of a person recognized as having been legitimated under section 8, or who would, had he survived the marriage of his parents, have been so recognized; and accordingly this Ordinance shall have effect as if reference therein to a legitimated person included persons so recognized as having been legitimated.
10. (1) Where, after the commencement of this Ordinance, the mother of an illegitimate child, such child not being a legitimated person, dies intestate as respects all or any of her property, and does not leave any legitimate issue her surviving, the illegitimate child, or, if he is dead, his issue, shall be entitled to take any interest therein to which he or such issue would have been entitled if he had been born legitimate.
(2) Where, after the commencement of this Ordinance, an illegitimate child not being a legitimated person, dies intestate in respect of all or any of his property, his mother if surviving shall be entitled to take any interest therein to which she would have been entitled if the child had been born legitimate and she had been the only surviving parent.
11. (1) Subject to the provisions of this section, the child of a void marriage, whether born before or after the commencement of this Ordinance, shall be treated as the legitimate child of his parents if at the time of the act of intercourse resulting in the birth (or at the time of the celebration of the marriage if later) both or either of the parties reasonably believed that the marriage was valid.
(2) This section applies, and applies only, where the father of the child was domiciled in or had a substantial connexion with Hong Kong at the time of the birth or, if he died before the birth, was so domiciled or had such a connexion immediately before his death.
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