1971-HKRS29-8-38_Part03 — Page 6

(Cxo. 181.3

(Cap. LTAJ

Legitimation by subsequent marriage of parents. 1926 c. 60. kl.

Schedule.

Rights of legitimated persons, etc. to take

interests in property.

1926 c. 60, 13.

2

"intestate" includes a person who leaves a will but dies intestate

as to some beneficial interest in his estate:

"legitimated person" means a person legitimated by this Ordin-

ance;

"marriage" means-

(c) a marriage celebrated or contracted in accordance with

the provisions of the Marriage Ordinance;

(b) a modern marriage validated by the Marriage Reform

Ordinance;

(c) a customary marriage declared to be valid by the

Marriage Reform Ordinance; or

(d) a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and în the place where the marriage was performed.

3. (1) Subject to the provisions of this section, where the parents of an illegitimate person marry or have married one another, whether before or after the commencement of this Ordinance, the marriage shall, if the father of the illegitimate person was or is at the date of the marriage domiciled in Hong Kong or had or has at such date a substantial connexion with Hong Kong, render that person, if living, legitimate from the commencement of this Ordinance, or from the date of the marriage, whichever last happens.

(2) The legitimation of a person under this Ordinance shall not coable him or his spouse, children or remoter issue to take any interest in property save as is hereinafter in this Ordinance expressly provided.

(3) The provisions contained in the Schedule shall have effect with respect to the re-registration of the births of legiti- mated persons.

4. (1) Subject to the provisions of this Ordinance, a legitimated person and his spouse, children or remoter issue shall be entitled to take any interest-

(a) in the estate of an intestate dying after the date of

legitimation;

(b) under any disposition coming into operation after the

dale of legitimation.

in like manner as if the legitimated person had been born legitimate.

(2) Where the right to any property depends on the relative seniority of the children of any person, and those children include one or more legitimated persons, the legitimated person or persons shall rank as if he or they had been born on the day when he or they became legitimated, and if more than one such legitimated person became legitimated at the same time, they shall rank as between themselves in order of seniority.

(3) This section applies only if and so far as a contrary intention is not expressed in the disposition, and shall have effect subject to the terms of the disposition and to the provisions therein contained.

5. Where a legitimated person or a child or remoter issue of a legitimated person dies intestate in respect of all or any of his property, the same persons shall be entitled to take the same interests therein as they would have been entitled to take if the legitimated person had been born legitimate.

6. Where an illegitimate person dies after the commence. ment of this Ordinance and before the marriage of his parents leaving any spouse, children or remoter issue living at the date of such marriage, then, if that person would, if living at the time of the marriage of his parents, have become a legitimated person, the provisions of this Ordinance with respect to the taking of interests in property by, or in succession to, the spouse, children and remoter issue of a legitimated person shall apply as if such person as aforesaid had been a legitimated person and the date of the marriage of his parents bad been the date of legitimation.

7. A legitimated person shall have the same rights, and shall be under the same obligations in respect of the maintenance and support of himself or of any other person as if he had been born legitimate, and, subject to the provisions of this Ordinance, the provisions of any law relating to claims for damages, com- pensation, allowance, benefit, or otherwise by or in respect of a legitimate child shall apply in like manner in the case of a legitimated person.

& (1) Where the parents of an illegitimate person marry or have married one another, whether before or after the com- mencement of this Ordinance, and the father of the illegitimate person was or is, at the time of the marriage, domiciled in or had a substantial connexion with a country, other than Hong Kong, by the law of which the illegitimate person became legitimated by virtue of such subsequent marriage, that person, if living, shall in Hong Kong be recognized as having been so

Succession on intestacy of legitimated persons and their issue. 1926 «. 60, K4

Application to illegitimate person dying before marriage of PACETES, 1936 <. 60. 1. S

Personal rights and obligations of legitimated persons.

1936 m. 60. * 6.

Provisions aJ to persons legitimated by extraneous law, 1936 g 60, 1. 801 * 0).