XN000022-1983-06-29 — Page 23

WEDNESDAY, JUNE 29, 1983

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PAYMENTS INCREASED

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A RESOLUTION WAS PASSED TODAY IN THE LEGISLATIVE COUNCIL UNDER THE INTESTATES' ESTATES ORDINANCE TO INCREASE THE AMOUNTS PAYABLE TO THE SURVIVING SPOUSE AND CHILDREN OF A DECEASED PERSON WHOSE PROPERTY IS NOT SUBJECT TO A WILL.

MOVING THE RESOLUTION, THE LAW DRAFTSMAN, THE HON GARTH NAZARETH SAID UNDER THE EXISTING ORDINANCE, WHERE THE DECEASED LEAVES A SPOUSE AND CHILDREN, SUCH PROPERTY, AFTER PAYMENT OF DEBTS AND THE LIKE, IS CHARGED WITH THE PAYMENT OF $25 000 TO THE SURVIVING SPOUŠE.

+WHERE THE DECEASED LEAVES A SPOUSE BUT NO CHILDREN, THE AMOUNT TO WHICH THE SURVIVING SPOUSE IS ENTITLED GOES UP TO $100 000.

+PROPERTY IN EXCESS OF THESE AMOUNTS IS TO BE HELD ON TRUST FOR THE SURVIVING SPOUSE, AND WHERE APPROPRIATE, THE CHILDREN AND RELATIVES,+ HE SAID.

MR NAZARETH POINTED OUT THAT THE EXISTING AMOUNTS WERE ORIGINALLY FIXED IN JANUARY 1971, WHEN THE ORDINANCE WAS ENACTED.

•INFLATION, SINCE 1971, HAS MADE THE AMOUNTS INCREASINGLY UNREALISTIC, AND THIS MOTION PROPOSES TO INCREASE THEM TO $50 000 AND $200 000 RESPECTIVELY,+ HE SAID.

+THE PROPOSAL FOR AN APPROPRIATE INCREASE CAME FROM THE JUDICIARY, AND THE BAR ASSOCIATION AND LAW SOCIETY HAVE BEEN CONSULTED, HE ADDED.

DOCUMENTATION FEE PROPOSED IN BILL

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THE INTERPRETATION AND GENERAL CLAUSES (AMENDMENT) BILL 1983, WHICH SEEKS TO EMPOWER THE FINANCIAL SECRETARY TO PRESCRIBE A FEE FOR AUTHENTICATING PUBLIC DOCUMENTS, WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).

SPEAKING AT THE SECOND READING OF THE BILL, THE LAW DRAFTSMAN, THE HON GARTH NAZARETH, EXPLAINED THAT WHERE HONG KONG WAS OBLIGED UNDER A TREATY TO RENDER A SERVICE TO INDIVIDUALS, IT WAS DOUBTFUL WHETHER THE GOVERNMENT WAS LEGALLY ENTITLED TO LEVY A FEE FOR THAT SERVICE WITHOUT STATUTORY AUTHORITY.

/AN EXAMPLE