CO129-379 - Governor Sir Lugard - 1911 [8-9] — Page 198

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Enclosure 2.

REC

Rf22 SEP II

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ATTORNEY GENERAL'S CHAMBERS,

Hongkong...28th: August;

191

Report on Ordinance No.... 33... of 191/.

I have examined the accompanyiny Ordinance, entitled

"An Ordinance to amend the Probates

Ordinance, 1897."

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and I am of opinion that the Ordinance is one which is not contrary to the Governor's

Instructions,

The amendments (a) and (b) together with an amend-

ment which is being made by the Stamp Amendment Ordinance, 1911, in

the Stamp (Amendment) Ordinance, 1909, are introduced to prevent

doubts arising with regard to the Chinese law of inheritance, as it

has been suggested, though not proved, in a recent case (Li Chok

Hung v. Li Pui Choi) that the French principal of "le mort saisit

le vir" is recognised as a portion of the law of China, and that

consequently unless probate duty is collected, as estate duty is in

England, since the Finance Act 1894, on property passing on death,

it cannot be collected at all, because, it is contended, the de-

ceased leaves no estate.

Ch Alabast C4

Attorney General.