Amendments.
(Cap. 331)
Application of Ordinance.
Transitional provisions for concubinage.
Schedule.
(68 al 1970.)
Interpretation.
Application of
Ordinace ro cond or mak
of concobiaRIE.
10
(3) In this section "land" has the meaning attaching to it under section 2 of the New Territories Ordinance.
12. (1) The Schedule to the Application of English Law Ordinance is amended-
་
(a) by deleting "3, 4," in the fourth column of item 15; (b) by deleting ", 11 and 24" in the fourth column of item
16 and substituting the following-
(4)
"and 11"; and
by deleting "Sections 6 and 7" in the fourth column of item 19 and substituting the following——
"Section 6",
(2) The Schedule to the Imperial Enactments Extension Ordinance is amended by deleting all references therein to the Act entitled "An Act for the uniform administration of Intestates' Estates" (19 & 20 Vict. c. 94).
(3) Nothing in this section shall be taken to affect the dis- tribution of the estate of any person who dies prior to the com- mencement of this Ordinance.
13. This Ordinance shall have effect as regards any person dying intestate after the commencement of this Ordinance.
14. (1) The provisions of the Schedule shall have effect with regard to a union of concubinage entered before the appointed day under the Marriage Reform Ordinance 1970.
(2) In this section and in the Schedule, "union of concu- binage” means a union of concubinage, entered by a male partner and a female partner before the appointed day under the Marriage Reform Ordinance 1970, under which union the female partner has, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally.
1. In this Schedule-
SCHEDULE
"child" means the child of a union of concubinage;
[B 14.]
"party to a union of concubinage” means a tsip or a male partner of such
a union;
"trip" means the female partner of a union of concubinage.
2. The Ordinance shall apply to a child, as defined in paragraph 1. as it applies to a child as defined in section 2 and all references in the Ordinance (other than in this Schedule) shall be construed accordingly.
11
3. The Ordinance shall apply to a party to a union of concubinage to the extent set out in paragraph 4 and section 4 shall be modified accordingly.
4. (1) Where the intestate is at the time of his death a party to ous union of concubinage and the residuary estate is held on trust for the surviving wife absolutely in accordance with subsection (2) of section 4, one third of the residuary estate shall be held on trust for the tip of thei union of concubinage absolutely.
(2) Where the intestate is at the time of his death a party to mora than one union of concubinage and the residuary estate is held on trust for the surviving wife absolutely in accordance with subsection (2) of section 4. one third of the residuary estate shall be held on trust for such of his trips who survive him, in equal shares absolutely.
(3) Where the intestale is at the time of his death a party to one union of concubinage and the residuary estate is beld as to one half on trust for the surviving wife absolutely in accordance with subsection (3) of sec- tion 4, one third of the said half shall be held on trust to pay the income therefrom to the tip of that union of concubinags during her lifetime.
(4) Where the intestate is at the time of his death a party to more than one union of concubinage and the residuary estate is held as to one half on trust for the surviving wife absolutely in accordance with sub- section (3) of section 4. one third of the said half shall be held on trust to pay the income therefrom to such of his trips who survive him, and to the survivors of them, in cqual shares.
(5) Where the intestate is at the time of his death a party to one union of concubinage and the residuary estate is beld as to one half on trust in accordance with paragraph (b) of subsection (4) of section 4, one third of the said half shall be held on trust for the trip of the union of concubinage absolutely.
(6) Where the intestate is at the time of his death a party to more than one union of concubinage and the residuary estate is held as to one balf on trust in accordance with paragraph (b) of subsection (4) of section 4, one third of the said half share shall be held on trust for such of his tsips who survive him in equal shares absolutely.
(7) Where the intestate is at the time of death a party to one union of concubinage and the residuary estate is held on the statutory trusts for the intestate's issue in accordance with subsection (5) of section 4, one third of the residuary estate shall be held on trust to pay the income therefrom to the surviving party to that union of concubinage during his or her lifetime.
(8) Where the intestate is at the time of death a party to more than one union of concubinage and the residuary estate is held on the statutory trusts for his issue in accordance with subsection (5) of section 4, one third of the residuary estate shall be held on trust to pay the income therefrom to such of his trips who survive him, and to the survivors of them, in equal shares.
(9) Where the intestate is at the time of death a party to one union of concubinage and the residuary estate is held on trust in accordance with subsection (6), (7), (8) or (9) of section 4, one third of the residuary estate shall be held on trust for the surviving party of the union of con- cubinage absolutely.
Applichtious Dľ
Ordinance to partyr
10 union of concubbapt.
Beaches of p
or male partne.