Legitimacy ordinance right of illegitimate child and

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Legitimacy Ordinance Right of illegitimate child and mother of illegitimate child to succeed on intestacy of the other 17. Section 10 of the Legitimacy Ordinance (Cap. 184) is repealed. Avoidance of doubt 18. Section 14 of Cap. 184 is amended – (a) in subsection (2), by repealing "the appointed day under the Marriage Reform Ordinance" and substituting "7 October 1971"; (b) by adding after subsection (2) – "(3) Where in any proceedings a union of concubinage is proved to have been entered into by a male partner and a female partner before 7 October 1971, it shall be presumed until 172
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the contrary is proved that 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.". Adoption Ordinance Adoption to be effected under the Ordinance 19. Section 25(2) of the Adoption Ordinance (Cap. 290) is amended by repealing "31 December 1972" and substituting "1 January 1973". Application of Ordinance 20. This Ordinance does not affect any rights under the intestacy of a person dying before the commencement of this Ordinance. Explanatory Memorandum This Bill amends the law relating to intestacy with the following principal effects – (a) the surviving spouse of an intestate is to receive a greater benefit from the estate than previously, and is to be entitled to purchase the matrimonial home; (b) relatives of an intestate are entitled to succeed to his estate regardless of any illegitimate link in their relationship; (c) the rights of brothers and sisters and uncles and aunts of an intestate are amended; (d) land in the New Territories will devolve on intestacy in the same manner as other property in Hong Kong; (e) the positions of a surviving party to a recognized union of concubinage and children of such a union are improved. 2. Clause 2 amends section 2 of the Intestates' Estates Ordinance by – (a) redefining "personal chattels" (which, under the Bill, will pass to the surviving spouse (if any) of the intestate); (b) repealing the provision stating that for the purposes of the Ordinance, a child of a female includes a child of a valid 173
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marriage to which her last husband and another female were parties; (c) providing that references in the Ordinance to any relationship between 2 persons (e.g. the parent or brother of the intestate) shall, unless the context otherwise requires, be construed without regard to any illegitimate link there may be in that relationship (e.g. the father of the intestate is his parent even though he was not married to the mother of the intestate); the effect of this is that illegitimate children and other persons claiming through an illegitimate link have the same rights on intestacy as legitimate children and those claiming through a legitimate link; (d) providing that, for the purposes of the Ordinance, a child adopted in Hong Kong in accordance with Chinese law and custom before 1 January 1973 shall be treated as the child of the adopter; (e) repealing the provision stating that references to a brother or
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