1971 Ed.]
Deceased's Family Maintenance.
[CAP. 129
17. (1) The provisions of the Schedule shall have effect with regard to a union of concubinage entered before the appointed day under the Marriage Reform Ordinance.
(2) In this section and in the Schedule, "union of concubinage" means a union of concubinage, entered by a male partner and a female partner before the appointed day under the Marriage Reform Ordinance, under which union the female partner has, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally.
Transitional provisions for concubinage.
Schedule. (Cap. 178.)
SCHEDULE.
[s. 17.]
Interpretation.
1. In this Schedule-
“dependant”, in relation to a deceased person, means-
(a) a tsip or male partner of the deceased by a union of concubinage;
(b) a daughter of the deceased by such a union who has not been married;
(c) an infant son of the deceased by such a union;
(d) a son of the deceased by such a union who is, by reason of some mental or physical disability, incapable of maintaining himself; and
(e) a parent of the deceased substantially maintained by him immediately before his death;
"party to a union of concubinage" means a tsip or a male partner of such a union;
"tsip" means the female partner of a union of concubinage.
2. Subject to paragraph 3, the Ordinance shall apply to a dependant, as defined in paragraph 1, as it does to a dependant as defined in section 2 and all references in the Ordinance (other than in this Schedule) to a dependant shall be construed accordingly.
3. (1) Notwithstanding paragraph 2, the following provisions shall have effect with regard to a union of concubinage.
(2) An order for the maintenance of a tsip shall not be made if she has married or committed an act of sexual intercourse.
(3) An order under section 4 providing for the maintenance of a tsip by way of periodical payments shall provide for their termination thereupon if she marries or commits an act of sexual intercourse.
(4) Nothing in this Schedule shall authorize the court to make an order providing for maintenance to be made wholly or in part by way of a lump sum payment, in accordance with subsection (4) of section 4, to a party to a union of concubinage.
Application of Ordinance to dependants by union of concubinage.
Special provisions relating to maintenance orders.
1971 Ed.]
Deceased's Family Maintenance.
[CAP. 129
17. (1) The provisions of the Schedule shall have effect with regard to a union of concubinage entered before the appointed day under the Marriage Reform Ordinance.
(2) In this section and in the Schedule, "union of concubinage" means a union of concubinage, entered by a male partner and a female partner before the appointed day under the Marriage Reform Ordinance, under which union the female partner has, during the lifetime of the male partner, been accepted by his wife as his concu- bine and recognized as such by his family generally.
Transitional
provisions for concubinage.
Schedule. (Cap. 178.)
L. In this Schedule-
SCHEDULE.
[s. 17.]
Interpretation.
“dependant”, in relation to a deceased person, means-
(a) a tsip or male partner of the deceased by a union of concubinage; (b) a daughter of the deceased by such a union who has not been married; (c) an infant son of the deceased by such a union;
(d) a son of the deceased by such a union who is, by reason of some mental or physical disability, incapable of maintaining himself; and (e) a parent of the deceased substantially maintained by him immediately
before his death;
"party to a union of concubinage" means a tsip or a male partner of such
a union;
"tsip" means the female partner of a union of concubinage.
2.
Subject to paragraph 3, the Ordinance shall apply to a dependant, as defined in paragraph 1, as it does to a dependant as defined in section 2 and all references in the Ordinance (other than in this Schedule) to a dependant shall be construed accordingly.
3.
(1) Notwithstanding paragraph 2, the following provisions shall
have effect with regard to a union of concubinage.
(2) An order for the maintenance of a tsip shall not be made if she has married or committed an act of sexual intercourse.
(3) An order under section 4 providing for the maintenance of a tsip by way of periodical payments shall provide for their termination thereupon if she marries or commits an act of sexual intercourse.
(4) Nothing in this Schedule shall authorize the court to make an order providing for maintenance to be made wholly or in part by way of a lump sum payment, in accordance with subsection (4) of section 4, to a party to a union of concubinage.
Application of Ordinance to dependants by union of concubinage.
Special provisions relating to maintenance orders.
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