1
7
Will of married
woman.
(Cap. 30.)
1893 6. 61, 3.
Receipts by
tmarried infants. 1925 a 30, J. 21.
Power of
allomey of married woman. 1925 c. 20, ». 129.
(2) The policy shall create a trust in favour of the objects therein named.
(3) The moneys payable under the policy shall not, so long as any part of the trust remains unperformed, form part of the estate of the insured or be subject to his or her debts.
(4) If it is proved that the policy was effected and the premiums paid with intent to defraud the creditors of the insured, they shall be entitled to receive, out of the moneys payable under the policy, a sum equal to the premiums so paid.
(5) The insured may by the policy, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or new trustees thereof, and may make provision for the appointment of a new trustee or new trustees thereof, and for the investment of the moneys payable under any such policy.
(6) In default of any such appointment of a trustee, such policy, immediately on its being effected, shall vest in the insured and his or her legal personal representatives, in trust for the purposes aforesaid.
(7) The receipt of a trustee or trustees duly appointed, or in default of any such appointment, or in default of notice to the insurer, the receipt of the legal personal representative of the insured, shall be a discharge to the insurer for the sum secured by the policy, or for the value thereof, in whole or in part.
11. Section 19 of the Wills Ordinance (which provides for the cases in which a will is to be construed as speaking from the death of the testator) shall apply to the will of a married woman made during coverture whether she is or is not possessed of or entitled to any property at the time of making it, and such will shall not require to be re-executed or republished after the death of her husband.
12. A married infant shall have power to give valid receipts for all income (including statutory accumulations of income made during minority) to which the infant may be entitled in like manner as if the infant were an adult.
13. A married woman, whether an infant or not, shall have power, as if she were unmarried and an adult, by deed, to appoint an attorney on her behalf for the purpose of executing any deed or doing any other act which she might herself execute or do.
14. For the avoidance of doubt it is hereby declared that Savings. nothing in this Ordinance-
(a) renders the busband of a married woman liable in respect of any contract entered into, or debt or obligation incurred, by her after the marriage in respect of which he would not have been liable if this Ordinance had not been passed;
(b) exempts the husband of a married woman from liability in respect of any contract entered into, or debt or obliga- tion (not being a debt or obligation arising out of the commission of a tort) incurred, by her after the marriage in respect of which he would have been liable if this Ordinance had not been passed;
(c) prevents a husband and wife from acquiring, holding, and disposing of, any property jointly or as tenants in com- mon, or from rendering themselves, or being rendered, jointly liable in respect of any lort, contract, debt or obligation, and of suing and being sued either in tort or in contract or otherwise, in like manner as if they were not married;
(d) prevents the exercise of any joint power given to a
husband and wife.
15. The enactments specified in the first column of the Schedule are repealed to the extent specified in the second column thereof.
SCHEDULE.
Enactment,
The Bankruptcy Ordinance. The Trustee Ordinance.
The Companies Ordinance.
The Married Women (Disposition of
Property) Ordinance.
The Married Women's Property
Ordinance.
The Married Women Ordinance.
(s. 15.]
Extent of Repeal. Section 57.
In subsection (1) of section 61, the words from "and not- withstanding" to "anticipa- tion,"
Section 175.
1935 c. 20, n. 400,
Repeat.
Schedule.
(Cap. 6.)
(Cap. 3.
(Cap. 32)
(CAP. 183.)
The whole Ordinance.
The whole Ordinance.
(Cup. 183.)
The whole Ordinance.
Passed by the Hong Kong Legislative Council this 23rd day
of June. 1971.
Clerk to the Legislative Council.
(Cap. 184.)
A