XN000022-1994-06-22 — Page 20

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WEDNESDAY, JUNE 22, 1994

HOWEVER, IN GOVERNMENT TO,

DECEMBER 1993 THE COUNCIL PASSED A MOTION URGING THE

INTER ALIA, EXTEND CEDAW TO HONG KONG AS SOON AS POSSIBLE TO PROMOTE SEXUAL EQUALITY.

MEANWHILE MORE THAN 90 PER CENT OF THE SOME 1,100 SUBMISSIONS RECEIVED DURING THE CONSULTATION EXERCISE ON THE GREEN PAPER ON EQUAL OPPORTUNITIES FOR WOMEN AND MEN CALLED FOR THE INTRODUCTION OF LEGISLATION TO REMOVE THE INHIBITION ON FEMALE SUCCESSION TO LAND OR PROPERTY IN THE NEW TERRITORIES IN CASE AN OWNER DIED INTESTATE.

FURTHERMORE, IN OCTOBER 1993 THE COUNCIL PASSED BY A LARGE MAJORITY A MOTION URGING THE GOVERNMENT TO ENSURE EQUALITY OF SUCCESSION RIGHTS THROUGH LEGISLATIVE MEANS.

"AGAINST THIS BACKGROUND, IT IS UNDERSTANDABLE THAT MEMBERS OF THE BILLS COMMITTEE SOUGHT TO ADDRESS THE WIDER ISSUE OF PROVIDING FOR GENDER EQUALITY IN THE INHERITANCE OF LAND IN THE NEW TERRITORIES IN THE CONTEXT OF THE BILL, HE SAID.

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IT WAS ALSO AGAINST THIS BACKGROUND THAT THE ADMINISTRATION HAD DECIDED ΤΟ RESPOND POSITIVELY TO THE PROPOSAL MADE BY THE HON CHRISTINE LOH TO EXTEND THE ORIGINAL SCOPE OF EXEMPTION UNDER THE BILL TO COVER RURAL LAND AS WELL, HE ADDED.

IN COMING TO A FINAL DECISION IN THIS REGARD, MR SUEN STRESSED, THE ADMINISTRATION HAD VERY CAREFULLY TAKEN INTO ACCOUNT THE VERY STRONG REACTIONS OF THE HEUNG YEE KUK AND NEW TERRITORIES VILLAGERS ON THE QUESTION OF EQUAL INTESTATE SUCCESSION RIGHTS BETWEEN THE SEXES.

MR SUEN ALSO APPRECIATED THE EXTENT AND DEPTH OF THE CONCERN OF THE KUK AND INDIGENOUS NEW TERRITORIES VILLAGERS THAT OTHER CUSTOMARY RIGHTS MIGHT ALSO BE ADVERSELY AFFECTED.

BUT HE ASSURED THEM THAT THEIR FEAR WAS NOT WELL-FOUNDED AS THE BILL DID NOT GIVE RISE TO ANY SUCH EFFECTS.

ELABORATING, HE SAID: "MEMBERS OF THIS COUNCIL AND MYSELF HELD MEETINGS WITH THE KUK AND ITS MEMBERS TO EXPLAIN THE CLEAR AND SPECIFIC INTENTION BEHIND THE PROPOSAL.

MANY

"AS A RESULT OF THESE MEETINGS AND BRIEFINGS, THERE SHOULD BE NO MISUNDERSTANDING ON ANYONE'S MIND THAT THE PROPOSAL IS NOT INTENDED TO FORCE INDIGENOUS VILLAGERS TO BEQUEATH THEIR LAND OR PROPERTY TO DAUGHTERS ONLY, OR TO SONS AND DAUGHTERS EQUALLY."

THE INTENTION, HE EMPHASISED, WAS SIMPLY TO PROVIDE FOR AN EQUAL OPPORTUNITY FOR WOMEN TO SUCCEED TO LAND OR PROPERTY IN THE NEW TERRITORIES IF THE OWNER DIED INTESTATE.

"THIS CAN BE ACHIEVED BY THE EXTENSION OF THE APPLICATION OF THE PROBATE AND ADMINISTRATION ORDINANCE, THE INTESTATES' ESTATES ORDINANCE AND THE DECEASED'S FAMILY MAINTENANCE ORDINANCE TO LAND IN THE NEW TERRITORIES.

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"VILLAGERS WISHING TO PASS THEIR LAND OR PROPERTY TO THEIR MALE HEIRS CAN OF COURSE DO SO THROUGH THE MAKING OF A WILL, HE SAID.

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IN CONCLUSION, MR SUEN SAID IN THE COURSE OF STUDYING THE BILL BY THE BILLS COMMITTEE, THE HON CHRISTINE LOH, PEGGY LAM, MIRIAM LAU AND ANNA WU HAD EITHER PROPOSED AMENDMENTS TO THE BILL OR MADE SUGGESTIONS ON THE WAY TO ADDRESS THE ISSUE OF CUSTOMARY SUCCESSION.

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