1971-HKRS29-8-38_Part02 — Page 6

Additional provisions as to orders under this

Ordinance.

1938. c. 43. 1. MIB), (1C).

Dependant to be deemed a person interested for purposes of grant of administration. 1938, c. 45, s. 2000.

Rules, etc.

Transitional provisions for concubinage.

Schedude. (68) ad 1970.)

13. (1) The provisions of this Ordinance shall not render the personal representatives of the deceased liable for having distrib- uted any part of the estate of the deceased after the expiration of the period of six months mentioned in section 5 on the ground that they ought to have taken into account the possibility that the court might permit an application under this Ordinance after the end of that period or that an application might be made under section 11, but this section shall not prejudice any power to recover any part of the estate so distributed arising by virtue of the making of an order under this Ordinance.

(2) In considering for the purposes of this section or section S the question when representation was first taken out, a grant limited to part only of the estate of the deceased shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.

14. For the purposes of any law which relates to the dis- cretion of the court as to the persons to whom administration is to be granted, a dependant of a deceased person by whom or on whose behalf an application under this Ordinance is proposed to be made shall be deemed to be a person interested in the deceased's

estate.

15. The Chief Justice may make rules for the better carrying out of the purposes and provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing— (0) as to all matters of practice and procedure and incidental

matters arising out of this Ordinance;

(b) prescribing the forms to be used under this Ordinance;

and

(c) prescribing the fees and costs to be paid, charged or

allowed under this Ordinance.

16. (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 concubi- nage" 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 bas, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally.

In this Schedule-

SCHEDULE,

"dependant", in relation to a deceased person, means--

B. 16]

Taserpretatom.

(a) a trip or male partner of the deceased by a union of concubinage: (6) a daughter of the deceased by such a union who has not been

married:

(c) an infant son of the deceased by such a union;

(d) a son of the deceased by such a union who is, by reason of some mental or physical disability, incapable of maintaining himself: and

(e) a parent of the deceased substantially maintained by him im-

mediately before his death;

"party to a union of concubinage" means a trip or a mule partner of

such a union;

"tip" means the female partner of a union of concubinage.

2. Subject to paragraph 3, the Ordinance shall apply to a dependant, as defined in paragraph 1, as it does to a dependant as defined in section 2 and all references in the Ordinance (other than in this Schedule) to a dependant shall be construed accordingly.

3. (1) Notwithstanding paragraph 2, the following provisions shall have effect with regard to a union of concubinage.

(2) An order for the maintenance of a grip shall not be made if she has married or committed an act of sexual intercourse.

(3) An order under section 4 providing for the maintenance of a tafe by way of periodical payments shall provide for their termination thereupon if she marries or commits an act of sexual intercourse.

(4) Nothing in this Schedule shall authorize the court to make a order providing for maintenance to be made wholly or in part by way of a lump sum payment, in accordance with subsection (4) of section 4. to

party to a union of concubinage.

Passed by the Hong Kong Legislative Council this 24th day of March, 1971.

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Clerk to the Legislative Council.

Applicacion of OMISSAKE LO dependent by union of concubonge

Special provisioon refering to shabille kate

orders,