XN000022-1990-05-25 — Page 15

14

FRIDAY, MAY 25, 19

OF RELEVANCE

ILLEGITIMACY IN DETERMINING IN DISCARDING THE

THE RIGHTS OF INHERITANCE, THE COMMISSION IS MINDFUL OF ARTICLE 26 OF

AND POLITICAL RIGHTS WHICH AMONG INTERNATIONAL COVENANT OF CIVIL OTHER THINGS PROVIDES THAT PERSONS SHOULD NOT BE DISCRIMINATED AGAINST ON THE BASIS OF SOCIAL ORIGIN OR BIRTH.

FACT

2.3

IS CONCUBINAGE

FOLLOWS THAT OF AL90 ACCORDED TO RECOGNISED

WAS IF IT

THE LAW OF INHERITANCE IN HONG KONG IS COMPLICATED BY THE THAT WHILST THE LEGISLATION ON THE MATTER GENRI: ***

STATUTORY RECOGNITION ENGLAND, A DEGREE

THUS CHINESE CUSTOMARY LAW. ENTERED INTO PRIOR TO OCTOBER 7, 1971.

OF

ARE CONCUBINAGE

COMPLEX AND IN SOME RECOMMENDED THAT THEY BE

THE RULES RELATING TO RESPECTS ANOMALOUS AND THE COMMISSION HAS MODIFIED.

OF

LAW THE

IN ONE SPHERE CHINESE CUSTOMARY LAW DISPLACES THE OPERATION

ORDINANCE ALTOGETHER. CHINESE CUSTOMARY THE INTESTATES' ESTATES

OF LAND IN STILL GOVERNS INHERITANCE UPON INTESTACY IN RESPECT

IS NOT EXEMPTED UNDER THE NEW NEW TERRITORIES WHICH

TERRITORIES:

ORDINANCE.

THROUGH THE MALE LINE

CHINESE CUSTOMARY LAW FAVOURS DESCENT AND DAUGHTERS CAN BE CUT OUT OF AN INHERITANCE.

JUSTIFY THIS

CONSIDERS IT DIFFICULT TO THE COMMISSION PRESERVATION OF CUSTOMARY LAW IN THIS CONTEXT AND RECOMMENDS BE ABOLISHED AND THAT THE INTESTATES' ESTATES ORDINANCE APPLY.

THAT IT

LAW CUSTOMARY

IS CONSIDERED IF A COMPLETE ABOLITION OF THIS

THAT SHOULD BE UNACCEPTABLE, THE COMMISSION PROPOSES THE VERY LEAST

THAT TTS OPERATION IS LIMITED DONE IS THAT THE LAW BE AMENDED, SO

REGISTERED ONLY TO NON-EXEMPTED LAND IN THE NEW TERRITORIES WHICH IS

OF A CHINESE CLAN, FAMILY, IN THE NAME OF OR HELD FOR THE BENEFIT

REGISTERED OR HELD OTHERWISE WOULD TONG OR TSO, LAND

ACCORDINGLY DEVOLVE UPON INTESTACY UNDER THE NORMAL PROVISIONS OF THE ORDINANCE.

THAT A WILL-MAKING HE PLEASES. BUT CAN RESULT IN

THE WILLS ORDINANCE PROCEEDS ON THE BASIS TESTATOR IS FREE TO DISPOSE OF HIS PROPERTY TO WHOM THIS PRINCIPLE OF FREEDOM OF IFSTAMENTARY DISPOSITION INADEQUATE PROVISION FOR A TESTATOR'S DEPENDANTS.

JURISDICTION TESTAMENTARY MADE FOR

THE DECEASED'S FAMILS MAINTENANCE ORDINANCE GIVES TO THE COURTS TO INTERFERE MID TIE TESTATOR'S EXPRESSED INTENTIONS IN CASES WHERE REASONABLY PROVISION HAD NOT BEEN THE DEPENDANT'S MAINTENANCE.

ERE THE DECEASED HAD NOT MADE A WILL AND THE PROVISIONS OF THE N. ESTATES' ESTATES ORDINANCE DETERMINE

THE ORDINANCE ALSO AV

THE DISTRIBUTION OF THE PARTICULAR CASES.

·

TE

IN ORDER

то

AVOID

HARDSHIP IN

/THE PRESENT