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The Bill relates to the "forfeiture rule". This prohibits a person who has unlawfully killed another from benefiting financially as a result, such as by inheritance from the deceased. Currently, even if such a person is not morally blame-worthy, the rule applies rigidly. In line with reforms that have been implemented elsewhere, the Bill empowers the court to relax, or even waive, the forfeiture rule where justice demands this. The Bill provides that such discretion may only be exercised in cases of unlawful killing other than murder.
Section 25A of the Bill provides for definitions.
Section 25B empowers the court to modify the effect of the forfeiture rule where the justice of a particular case requires it, having taken the conduct of the offender, the deceased and other circumstances into account.
Section 25C stipulates that the forfeiture rule does not preclude a person from applying for financial provision under the Inheritance (Provision for Family and Dependants) Ordinance (Cap. 481) or the Matrimonial Proceedings and Property Ordinance (Cap. 192).
Section 25D provides for the forfeiture rule to apply to murderers without modification.
End
Road Traffic (Amendment) Bill
Following is the speech by the Secretary for Transport, Mr Haider Barma, in moving the second reading of the Road Traffic (Amendment)(No 3) Bill 1995 in the Legislative Council today (Wednesday):
Mr President,
I move the second reading of the Road Traffic (Amendment) (No. 3) Bill 1995. This is the first of 3 bills I am introducing this afternoon to seek powers for the Administration to adopt fiscal measures to deal with traffic congestion.