1972-HKRS28-16-20_Part03 — Page 13

Ap. 733

(Cwp. 192)

Short title

Intestates Estates

Ordinance.

30

FOURTH SCHEDULE

1.

section

***

Amendment

Married Persons

Stapus

Ordinance.

Herenkled

nome not enciuled to Kelab in INTERACT Of each other,

1970 c. 45.

40.

(cap. 16)

[s. 33(31)

After section 4, and the following new

JA. (1) If while a decree of judicial seperation is in force and the separation is continuing either of the parties whose marriage is the subject of the decrce dies after the 1st July 1972 intestate as respects all or any of his or her real or personal property, the property of that party as respects which he or she died intestate shall devolve as if the other party to the marriage had then been dead.

(2) Notwithstanding anything in section 5(a) of the Seperation and Maintenance Orders Ordinance, a provision in force je an order made, or having effect as if made, under that section that a party to a marriage be no longer bound to cohabit with the other party to the marriage shall not have effect as a decree of judicial seperation on the ground of cruelty for the purposes of this section.".

201) After section 7, add the following new section:-

"Further Excelgo d

JUNO 7. 1990. 45, 1. 19.

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bur spouse In mody of

money's worth to the improve

ment of property. 1979 c. 45. 137.

TA. An application may be made moder section 6 (including that section as extended by section 7) by either of The parties to a marriage notwithstand- ing that their marriage has been dissolved or annulled so long as the application is made within the period of three years beginning with the date on which the marriage was dissolved or annulled; and references in sections 6 and 7 to a husband or a wife sholl be construed accordingly.

7. It is hereby declared that, where a busband or wife contributes in money or money's worth to the improvement of real or personal pro perly in which or in the proceeds of sale of which either or both of them has of have a beneficial interest, the husband or wife so contributing shall, if the contribution is of a substantial nature and subject to any agreement between them to the contrary express or implied, be treated as having them acquired by virtue of his or her con- tribution a share or an enlarged share,

31

as the case may be, in that beneficial interest of such an extent as may have been then agreed or, in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of the busband or wife arises (whether in proceedings between them or in any other proceedings).". (2) After section 8, add the following new section-

~Abadcom

of wite's

Remy of

1970 c. 41.

41.

BA. Any rule of law or equity conferring an a wife authority, as agent of necessity of her husband, to pledge his credit or to borrow money on his credit is hereby abrogated.".

Passed by the Hong Kong Legislative Council this 21st day of June. 1972.

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.