TNAG-0189-FCO40-225-Chinese-marriages-in-Hong-Kong-1969 — Page 59

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

come to the conclusion that the authors of the Report were right in deciding not to include this older recommendation. As they have noted, the most serious problems caused by Reputed Marriages would be remedied by the introduction of other safeguards of the interests of children born out of lawful wedlock. However, the Sub-Committee feels that in one particular respect injustices could still arise on this account; on the death of one party to a Reputed Marriage there might be doubt as to the status of the other as a lawful relict, and it is submitted that some form of legislative protection ought to be given to people in this unfortunate situation. Quite apart from the ordinary questions arising on succession, it is believed that the present anomaly might give rise to most unjust results in the application of Fatal Accidents legislation and the like. It is to be hoped that in tidying up the law surrounding Chinese marriages in general this category of unprotected persons will not be forgotten.

"NEW RECOMMENDATION NO. 5: ON CONCUBINES

Intention:

To abolish recognition, in law, of any state of concubinage entered into after the Appointed Date.

Recommendation:

Legislation to be enacted to ensure that after the Appointed Date no woman may newly acquire any legal status as a concubine."

51. The Sub-Committee has no hesitation in favouring the abolition of the legal state of concubinage as from the Appointed Date, (though it should be recorded that the single representation made to the Sub-Committee by a Member of the Association, in accordance with the Honorary Secretary's invitation, was opposed to such abolition). It is appreciated that the Report does not re- commend that the rights or expectations of concubines validly taken before the Appointed Date, should be in any way affected, which is clearly proper in the circumstances. However, the Sub-

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