2164 where the property concerned is or may be the

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21.64 Where the property concerned is or may be the subject of a nomination, it should be included in the deceased's estate both where a nomination has been made and where a nomination could have been made by the deceased in respect of it (para 16.6). (Chapter 17 – anti-avoidance) 21.65 Anti-avoidance provisions should be introduced in Hong Kong to prevent the deceased from being able to avoid future applications against his estate by particular financial arrangements made during his lifetime (paras 17.1 to 17.7). Consolidation and revision (Chapter 18 – consolidation) 21.66 The Wills Ordinance Cap 30, the Intestates' Estates Ordinance Cap 73 and legislation providing for Deceased Persons' Families and Dependants should be consolidated into one ordinance (para 18.3). (Chapter 19 – revision) 21.67 The Probate and Administration Ordinance should be revised and in particular the practice and procedure in force in England and applied in Hong Kong should be specifically enacted in Hong Kong (para 19.2). 90
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Forfeiture (Chapter 20 – the forfeiture rule) 21.68 Should the matter have been within its Terms of Reference the Commission would have wished to recommend that Hong Kong enact legislation to modify the forfeiture rule where justice so requires along the lines of the UK Forfeiture Act 1982 (para 20.4). 91
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Annexure 1 Report on an opinion survey on public attitudes towards illegitimate children by the City and New Territories Administration CONTENTS Page I. Introduction 93 II. Method of data collection 93 III. Rate of response 93 IV. Findings 93 (i) Knowledge of the right of illegitimate children 93 (ii) Equal right 94 (iii) Right to claim maintenance out of the estate 95 (iv) Right of mothers of illegitimate children 97 (v) Effect on extra-marital relations 98 V. Conclusion 99 Appendix I 101 Appendix II: Tables I – VI 106 92
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I. Introduction At present illegitimate children and dependent cohabitees of a deceased man have no claim to his estate under the Intestates' Estates Ordinance (Cap. 73) unless specific provision is made by his will. Neither can they claim for maintenance from the estate under the Deceased's Family Maintenance Ordinance (Cap. 129) because they are not included in the categories of "dependent" as defined under Section 2 of the said Ordinance. 2. Some people maintain that the above legal position causes social injustice and suggest that the legislation should be suitably amended so as to enable illegitimate children to claim maintenance out of the estate. On the other hand, some consider that, as a Chinese tradition, children born out of wedlock should have no claim to the estate of a deceased man. The present survey is designed to find out how the public perceive the right of illegitimate children. Appendix I II. Method of data collection 3. The fieldwork, commissioned to a private research firm, Market Decision Research Co. Ltd. (MDR), was conducted in August 1985. The survey covered a random sample of 1,000 persons aged 15 or over living in the territory. Face-to-face interview, on the basis a structured questionnaire shown at Appendix I, was adopted.
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