1901_CHINESE_WILLS_VALIDATION_ORDINANCE__1856 — Page 1

HK Historical Laws 香港歷史法例 All AI Reviewed

A.D. 1853.

26

No. 1 THE ORDINANCES OF HONGKONG : [A.D. 1853.

ORDINANCE No. 1 OF 1853.

A.D. 1853. AN ORDINANCE for the Removal of Doubts regarding the Right of Aliens to hold and transfer Property within this Colony,

Ordinance No. 2 of 1839.

Short title.

Right of alien to require, hold, and dispose of immovable property.

[17th November, 1853.]

WHEREAS doubts have arisen regarding the right of aliens to hold and transfer property within this Colony :

Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, in pursuance of the Act of Parliament 10 & 11 Victoria Chapter 83, entitled “An Act for the Naturalization of Aliens," and of the power inherent in the said Governor and Council, as follows:

1. This Ordinance may be cited as the Aliens (Rights of Property) Ordinance, 1853.

2. It shall be lawful for any alien, and he or she is hereby declared entitled, by grant, conveyance, lease, assignment, or bequest, or otherwise, to take, acquire, hold, and possess any lands or other immovable property situated in this Island, and the said lands or other property as aforesaid to sell, transfer, assign, or bequeath to any other person, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, and privileges, as if he or she were a natural-born subject of Her Majesty residing in this Island.

Validation of acts done by aliens in relation to immovable property.

3. Every such grant, conveyance, lease, assignment, bequest, sale, transfer, or other act heretofore made or done by or with any such alien shall be deemed in law as valid and effectual as if it had been made or done by or with any natural-born British subject.

ORDINANCE No. 1 OF 1856.

A.D. 1856. AN ORDINANCE relating to Wills made by Chinese People.

Ordinance No. 4 of 1856.

[5th March, 1856.]

WHEREAS the laws relating to wills and testamentary writings prescribe certain formalities touching the signing, acknowledging, and attesting thereof, and for avoiding all wills and testamentary writings signed, acknowledged, or attested in any other manner; and whereas the provisions of the said laws in that behalf, if enforced, will tend to the avoidance of all wills and testamentary writings made in the Chinese manner :

Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof...

1. This Ordinance...

2. Any will or testamentary writing made after the commencement of this Ordinance by a native Chinese shall be valid if made in the same manner as is usual and according to the customs and usages for the transmission of property among the Chinese, and take effect as if it had been made by virtue and in pursuance of the Act relating to Administration of Estates.

3. This Ordinance shall apply to wills heretofore made in the Chinese manner in which any native Chinese has or shall have made or done, and by its virtue and in pursuance of this Ordinance, such writings are hereby validated.

AN ORDINANCE...

BE it enacted by the Governor of Hongkong...

1. This Ordinance...

2. The schedule to this Ordinance...

3. For the purposes of this Ordinance, the said Supreme Court of Hongkong, and the Court of Equity, and the Lord Chancellor, and the said Supreme Court...

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A.D. 1853. 26 No. 1 THE ORDINANCES OF HONGKONG : [A.D. 1853. ORDINANCE No. 1 OF 1853. A.D. 1853. AN ORDINANCE for the Removal of Doubts regarding the Right of Aliens to hold and transfer Property within this Colony, Ordinance No. 2 of 1839. Short title. Right of alien to require, hold, and dispose of immovable property. [17th November, 1853.] WHEREAS doubts have arisen regarding the right of aliens to hold and transfer property within this Colony : Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, in pursuance of the Act of Parliament 10 & 11 Victoria Chapter 83, entitled “An Act for the Naturalization of Aliens," and of the power inherent in the said Governor and Council, as follows: 1. This Ordinance may be cited as the Aliens (Rights of Property) Ordinance, 1853. 2. It shall be lawful for any alien, and he or she is hereby declared entitled, by grant, conveyance, lease, assignment, or bequest, or otherwise, to take, acquire, hold, and possess any lands or other immovable property situated in this Island, and the said lands or other property as aforesaid to sell, transfer, assign, or bequeath to any other person, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, and privileges, as if he or she were a natural-born subject of Her Majesty residing in this Island. Validation of acts done by aliens in relation to immovable property. 3. Every such grant, conveyance, lease, assignment, bequest, sale, transfer, or other act heretofore made or done by or with any such alien shall be deemed in law as valid and effectual as if it had been made or done by or with any natural-born British subject. ORDINANCE No. 1 OF 1856. A.D. 1856. AN ORDINANCE relating to Wills made by Chinese People. Ordinance No. 4 of 1856. [5th March, 1856.] WHEREAS the laws relating to wills and testamentary writings prescribe certain formalities touching the signing, acknowledging, and attesting thereof, and for avoiding all wills and testamentary writings signed, acknowledged, or attested in any other manner; and whereas the provisions of the said laws in that behalf, if enforced, will tend to the avoidance of all wills and testamentary writings made in the Chinese manner : Be it enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof... 1. This Ordinance... 2. Any will or testamentary writing made after the commencement of this Ordinance by a native Chinese shall be valid if made in the same manner as is usual and according to the customs and usages for the transmission of property among the Chinese, and take effect as if it had been made by virtue and in pursuance of the Act relating to Administration of Estates. 3. This Ordinance shall apply to wills heretofore made in the Chinese manner in which any native Chinese has or shall have made or done, and by its virtue and in pursuance of this Ordinance, such writings are hereby validated. AN ORDINANCE... BE it enacted by the Governor of Hongkong... 1. This Ordinance... 2. The schedule to this Ordinance... 3. For the purposes of this Ordinance, the said Supreme Court of Hongkong, and the Court of Equity, and the Lord Chancellor, and the said Supreme Court...
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A.D. 18 26 No. 1 THE ORDINANCES OF HONGKONG : [A.D. 1853. ! ORDINANCE No. 1 OF 1853. A.D. 1853. AN ORDINANCE for the Removal of Doubts regarding the Right of Aliens to hold and transfer Property within this Colony, Ordinance No. 2 of 1839. Short title. Right of alien to require, hold, and dispose of imunovable WI [17th November, 1853.] THEREAS doubts have arisen regarding the right of aliens to hold and transfer property within this Colony : Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, in pursuance of the Act of Parliament 10 & 11 Victoria Chapter 83, entitled An Act for the Naturalization of Aliens," and of the power inherent in the said Governor and Conneil, as follows: 1. This Ordinance may be cited as the Aliens (Rights of Property) Ordinance, 1853. 2. It shall be lawful for any alien, and he or she is hereby declared entitled, by grant, conveyance, lease, assignment, or bequest, or other- wise, to take, acquire, hold, and possess any lands or other inmovable property like property situated in this Island, and the said lands or other property as aforesaid to sell, transfer, assign, or bequeath to any other person, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, and privileges, as if he or she were a natural-born subject of Her Majesty residing in this Island. natural-born subject. Validation of acts done by aliens in relation to immovable property. 3. Every such grant, conveyance, lease, assignment, bequest, sale, such alion transfer, or other act heretofore made or done by or with any shall be deemed in law as valid and effectual as if it had been made or done by or with any natural-born British subject. ORDINANCE No. 1 OF 1856. A.D. 1858. AN ORDINANCE relating to Wills made by Chinese People. Ordinance No. 4 of 1856. WHE [5th March, 1856.] THEREAS the laws relating to wills and testamentary writings prescribe certain formalities touching the signing, acknow- ledging, and attesting thereof, and for avoiding all wills and testamentary writings signed, acknowledged, or attested in any other manner; and whereas the provisions of the said laws in that behalf, if enforced, will tend to the avoidance of all wills and testamentary writings made in the Chinese manner : Be it of the L 1. Th Ordinam 2. An after ma a native the same accordin; transmis: and take virtue an ing to Ac 3. Thi heretofor in which has or sh and by i writings a AN ORD of the BE it the 1. This sion Ordin 2. The dule to thi but not ot. Colony Erc 3. For the said e preme Cou the Lord of Equity, said Supre (howsoever having or
2026-05-02 20:02:38 · Baseline
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A.D. 18

26

No. 1 THE ORDINANCES OF HONGKONG : [A.D. 1853.

!

ORDINANCE No. 1 OF 1853.

A.D. 1853. AN ORDINANCE for the Removal of Doubts regarding the Right of Aliens to hold and transfer Property within this Colony,

Ordinance

No. 2 of 1839.

Short title.

Right of alien to require, hold, and

dispose of

imunovable

WI

[17th November, 1853.]

THEREAS doubts have arisen regarding the right of aliens to hold

and transfer property within this Colony :

Be it therefore enacted by the Governor of Hongkong, with the advice of the Legislative Council thereof, in pursuance of the Act of Parliament 10 & 11 Victoria Chapter 83, entitled “ An Act for the Naturalization of Aliens," and of the power inherent in the said Governor and Conneil, as follows:

1. This Ordinance may be cited as the Aliens (Rights of Property) Ordinance, 1853.

2. It shall be lawful for any alien, and he or she is hereby declared entitled, by grant, conveyance, lease, assignment, or bequest, or other- wise, to take, acquire, hold, and possess any lands or other inmovable property like property situated in this Island, and the said lands or other property as aforesaid to sell, transfer, assign, or bequeath to any other person, as fully and effectually to all intents and purposes, and with the same rights, remedies, exemptions, and privileges, as if he or she were a natural-born subject of Her Majesty residing in this Island.

natural-born

subject.

Validation of acts done by aliens in

relation to immovable property.

3. Every such grant, conveyance, lease, assignment, bequest, sale, such alion transfer, or other act heretofore made or done by or with any shall be deemed in law as valid and effectual as if it had been made or done by or with any natural-born British subject.

ORDINANCE No. 1 OF 1856.

A.D. 1858. AN ORDINANCE relating to Wills made by Chinese People.

Ordinance

No. 4 of 1856.

WHE

[5th March, 1856.]

THEREAS the laws relating to wills and testamentary writings prescribe certain formalities touching the signing, acknow- ledging, and attesting thereof, and for avoiding all wills and testamentary writings signed, acknowledged, or attested in any other manner; and whereas the provisions of the said laws in that behalf, if enforced, will tend to the avoidance of all wills and testamentary writings made in the Chinese manner :

Be it

of the L

1. Th Ordinam

2. An

after ma

a native the same accordin; transmis: and take virtue an

ing to Ac

3. Thi heretofor in which

has or sh and by i writings a

AN ORD

of the

BE it

the

1. This

sion Ordin

2. The dule to thi

but not ot. Colony Erc

3. For

the said e preme Cou the Lord of Equity, said Supre (howsoever having or

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