Hong Kong Ordinances

FATAL ACCIDENTS ORDINANCE - SECT 2

Interpretation

(1) In this Ordinance, unless the context otherwise requires-

"adopted" (領養) means adopted in pursuance of an adoption order made under
the Adoption Ordinance ( Cap 290) or of any adoption recognized as valid by
the law of Hong Kong;

"dependant" (受養人), in relation to a deceased person, means-

   (a)  the wife, husband, former wife or former husband of the  deceased and
        any person whose marriage to the deceased has been annulled or
        declared void;

   (b)  a concubine lawfully taken by the deceased before 7 October 1971;

   (c)  any person who-

        (i)    was living with the deceased in the same household immediately
               before the date of his death; and

        (ii)   had been living with the deceased in the same household for at
               least 2 years before that date, as the husband or wife of
               the deceased;

   (d)  any parent or other ascendant of the deceased;

   (e)  any person (not being a parent of the deceased) who, during any
        marriage to which that person was a party, treated the deceased as a
        son or daughter of the family in relation to that marriage;

   (f)  any child or other descendant of the deceased;

   (g)  any person (not being a child of the deceased) who, during any
        marriage to which the deceased was at any time a party, was treated by
        the  deceased as a son or daughter of the family in relation to that
        marriage;

   (h)  any person who is, or is the issue of, a brother, sister, uncle or
        aunt of the deceased;

   (i)  any person who is, or is the issue of, a brother or sister of a
        grandparent of the deceased;

   (j)  any godchild or godparent of the deceased according to Chinese custom;

"wife" (妻、妻子) means-

   (a)  in the case of a Christian marriage or its civil equivalent, the
        lawful wife; and

   (b)  in the case of any other lawful marriage-

        (i)    the lawful wife of such marriage; or

        (ii)   if there is more than one lawful wife, the lawful principal
               wife recognized as such by the personal law of the husband of
               such marriage, or if there is no lawful principal wife, the
               lawful wives so recognized.

(2) In deducing any relationship for the purposes of this Ordinance-

   (a)  an adopted person shall be treated as the child of the person or
        persons by whom he was adopted and not as the child of any other
        person; and, subject thereto;

   (b)  any relationship by affinity shall be treated as relationship by
        consanguinity, any relationship of the half-blood as a relationship of
        the whole blood, and the stepchild of any person as his child; and

   (c)  an illegitimate person shall be treated as the legitimate child of his
        mother and reputed father. (Enacted 1986)

"adopted" (領養)

"dependant" (受養人)

"wife" (妻、妻子)