1964_INTESTATES__ESTATES_ORDINANCE — Page 11

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CAP. 73]

Intestates' Estates

[1986 Ed.

Transitional provisions for concubinage.

Schedule. (Cap. 178.)

13. (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.

Interpretation.

1.

In this Schedule--

SCHEDULE

[s. 13.]

Application of

Ordinance to child of union of concubinage.

Application of Ordinance to party to union of concubinage.

Benefits of tsip or male partner.

"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.

(Amended, 49 of 1971, s. 3)

(1) A child of a union of concubinage shall be regarded for the purposes of the Ordinance as the child of a valid marriage.

(2) The reference in section 2(2)(b) to “husband" shall be construed as including a reference to the male partner of a union of concubinage.

3.

(Replaced, 49 of 1971, s. 3)

The Ordinance shall apply to a party to a union of concubinage to the extent set out in paragraph 4 and section 4 shall be modified accordingly,

4. (1) Where the intestate is at the time of his death a party to one union of concubinage and the residuary estate is held on trust for the surviving wife absolutely in accordance with section 4(2), one third of the residuary estate shall be held on trust for the tsip of that union of concubinage absolutely.

(2) Where the intestate is at the time of his death a party to more than one union of concubinage and the residuary estate is held on trust for the surviving wife absolutely in accordance with section 4(2), one third of the residuary estate shall be held on trust for such of his tsip who survive him, in equal shares absolutely.

(3) Where the intestate is at the time of his death a party to one union of concubinage and the residuary estate is held as to one half on trust for the surviving wife absolutely in accordance with section 4(3), one third of the said half shall be held on trust to pay the income therefrom to the tsip of that union of concubinage during her lifetime.

(4) Where the intestate is at the time of his death a party to more than one union of concubinage and the residuary estate is held as to one half on trust for the surviving wife absolutely in accordance with section 4(3), one third of the said half shall be held on trust to pay the income therefrom to such of his tsip who survive him, and to the survivors of them, in equal shares.

(5) Where the intestate is at the time of his death a party to one union of concubinage and the residuary estate is held as to one half on trust in accordance with section 4(4)(b), one third of the said half shall be held on trust for the tsip of the union of concubinage absolutely.

(6) Where the intestate is at the time of his death a party to more than one union of concubinage and the residuary estate is held as to one half on trust in accordance with section 4(4)(b), one third of the said half share shall be held on trust for such of his tsips who survive him in equal shares absolutely.

(7) Where the intestate is at the time of death a party to one union of concubinage and the residuary estate is held on the statutory trusts for the intestate's issue in accordance with section 4(5), one third of the residuary estate shall be held on trust to pay the income therefrom to the surviving party to that union of concubinage during his or her lifetime.