3 section 48 of the ordinance be amended to provide

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(3) Section 4(8) of the Ordinance be amended to provide for brothers and sisters of the half blood immediately after the first sub-paragraph and for uncles and aunts being brothers or sisters of the half blood of a parent of the intestate in a last sub- paragraph to follow the existing last sub-paragraph (see clause 4 of the Bill). (4) There be a statutory provision to the effect that children of a man by his wife and concubines are to be regarded as brothers and sisters of the whole blood (see clause 4 of the Bill). 52
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Chapter 11 Intestate succession: Concubinage _____________________________________________ Present position Concubinage 11.1 Concubinage is recognised under the Ordinance, but only if it was entered into before 7 October 1971. Transitional provisions which provide for such concubinage are contained in section 13 and the Schedule to the Ordinance. Under the transitional provisions , if the concubinage was entered into before 7 October 1971, the tsip or female partner, and the male partner, are given certain rights of entitlement on the intestacy of the other. Further, under the transitional provisions, a child of a union of such concubinage is regarded for the purposes of the Ordinance as a child of a valid marriage and can claim under the Ordinance, for example, on the intestacy of his or her father or mother, or on the intestacy of the kit fat (first) wife or concubine who is not a mother of the father, or a brother or sister. The transitional provision of the Ordinance provides as follows – "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." 11.2 It will be noted from the Schedule to the Ordinance that – (1) A child of a union of concubinage is regarded for the purposes of the Ordinance as a child of a valid marriage (paragraph 2(1)). (2) The reference in section 2(2)(b) to "husband" is to be construed as including a reference to the male partner of a union of concubinage (paragraph 2(2)). (3) The Ordinance as a whole is made to apply to a party to a union of concubinage (paragraph 3). 53
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(4) Benefits given to a tsip or a male partner of a union of concubinage on the death of the other are generally at the expense of the interests of a surviving spouse, issue or other relatives (paragraph 4). (5) The entitlement of a tsip to a life interest in part of the residuary estate of a deceased male partner ceases if she marries or commits an act of sexual intercourse (paragraph 4(12)).
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