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FRIDAY, JUNE 9, 1989
EXPLAINING THE BACKGROUND TO THE BILL, THE SPOKESMAN SAID, THAT IN APRIL 1986, FOLLOWING FOUR YEARS WORK, THE LAW REFORM COMMISSION PUBLISHED ITS REPORT ON "YOUNG PERSONS EFFECTS OF AGE IN CIVIL LAW".
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IN THE COURSE OF ITS WORK, THERE WAS WIDESPREAD CONSULTATION.
IN ESSENCE, THE REPORT RECOMMENDED THAT THE AGE AT WHICH A PERSON ATTAINS LEGAL CAPACITY SHOULD. IN MOST CASES, BE REDUCED FROM 21 TO 18.
IN DECEMBER 1987, THE EXECUTIVE COUNCIL APPROVED IN PRINCIPLE THE MAJORITY OF THE REPORT'S RECOMMENDATIONS.
AT THE EXECUTIVE COUNCIL'S MEETING ON TUESDAY (JUNE 61, THE COUNCIL ADVISED AND THE GOVERNOR ORDERED THAT THE BILL SHOULD BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JUNE 21.
THE
"THE POSSIBILITY WAS CONSIDERED OF PRESENTING AN OMNIBUS BILL INCORPORATING ALL THE AMENDMENTS PROPOSED BY
LAW REFORM COMMISSION. IT WAS CONCLUDED THAT IF SUCH A COMBINED PRESENTATION WAS ATTEMPTED, STRAIGHTFORWARD AMENDMENTS IN ONE AREA MIGHT BE DELAYED BY MORE COMPLICATED AMENDMENTS IN ANOTHER LARGELY UNRELATED AREA.
"THIS BILL, THEREFORE IMPLEMENTS THE PRINCIPAL RECOMMENDATION OF THE LAW REFORM COMMISSION REPORT OF LOWERING THE AGE OF MAJORITY FROM 21 TO 18 AND REPRESENTS THE FIRST STEPS TOWARDS IMPLEMENTING COMMISSION'S PROPOSALS. THE SPOKESMAN SAID.
"
THE
THE SPOKESMAN SAID CLAUSE 2 OF THE BILL REDUCES FROM 21
TO 18 THE AGE AT WHICH A PERSON ATTAINS HIS MAJORITY AND PROVIDES THAT A PERSON WHO IS OVER 18 BUT UNDER 21 AT THE DATE OF COMMENCEMENT OF THE ORDINANCE AUTOMATICALLY ATTAINS FULL AGE ON THAT DATE. APPROPRIATE AMENDMENTS ARE MADE BY CLAUSE 6 TO DEFINITIONS IN SECTION 3 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP 1).
IN
OF
CLAUSES 11 AND 12 REDUCE FROM 21 TO 18 THE AGE AT WHICH A PERSON CAN MAKE A VALID WILL. CLAUSE 13 MAKES A SIMILAR REDUCTION THE AGE AT WHICH A PERSON IS CAPABLE OF BEING APPOINTED A DIRECTOR A COMPANY.
AN
AT PRESENT, A PERSON ENTERING INTO A GUARANTEE OF OBLIGATION INCURRED BY A MINOR MAY AVOID LIABILITY FOR THE MINOR" S FAILURE TO FULFILL HIS OBLIGATION BY VIRTUE OF HIS MINORITY. CLAUSE 3 PROVIDES THAT A GUARANTEE SHOULD NO LONGER BE UNENFORCEABLE AGAINST THE GUARANTOR FOR THAT REASON ALONE.
WHERE A MINOR OBTAINS PROPERTY UNDER A CONTRACT WHICH IS ΤΟ UNENFORCEABLE AGAINST HIM BECAUSE OF HIS MINORITY, THE OTHER PARTY THE CONTRACT IS AT A DISADVANTAGE BECAUSE HE CANNOT RECOVER HIS PROPERTY IF THE MINOR RENEGES ON HIS CONTRACT. CLAUSE 4 PROVIDES A REMEDY TO THE OTHER PARTY IN SUCH CIRCUMSTANCES EMPOWERING THE COURT TO REQUIRE (IF IT IS JUST AND EQUITABLE TO DO SO THE MINOR TO MAKE RESTITUTION TO THE OTHER PARTY.
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