TNAG-2923-FCO40-4198-Visits-and-proposed-visits-by-Alastair-Goodlad--Minister-of--1993 — Page 36

Serial No.

RMENT HOUSE HONG KONG.

Subject

Succession to

Property in the New Territories

Background

The New Territories Ordinance (Cap 97) provides that 'the court shall have power to recognize and enforce Chinese customs and customary right" including succession (along the male line only) in relation to land in the New

Territories. There are provisions in the New Territories Ordinance which enable landowners, if they so wish, to seek an exemption of land from application of that law or to avoid the effect of customary law by making a will. However, as the Ordinance now stands,

Line-to-take

The Government is well aware of the concern expressed recently over succession rights in the New

Territories.

Active consideration

is being given to find legislative means to remove doubts about existing titles and the rights of succession. As for future land grants, except for village lots, the Administration bas already taken measures to ensure that they are exempted from the application of the New Territories Ordinance.

1.

THU 07 OCT 93 10:21

PG.10