Hong Kong Ordinances

INHERITANCE (PROVISION FOR FAMILY AND DEPENDANTS) ORDINANCE - SECT 16

Provision as to cases where no financial relief was granted in divorce proceedings, etc.

PART V

SPECIAL PROVISIONS RELATING TO CASES OF DIVORCE, SEPARATION, ETC.

(1) Where after the date on which a decree of divorce or nullity of marriage
has been made absolute or a decree of judicial separation has been granted, a
party to the marriage dies and-

   (a)  an application for a financial provision order under section 4 of the
        Matrimonial Proceedings and Property Ordinance ( Cap 192) or an order
        under section 6 of that Ordinance has not been made by the other party
        to that marriage; or

   (b)  such an application has been made but the proceedings thereon have not
        been determined at the time of the death of the deceased, then, if an
        application for an order under section 4 of this Ordinance is made by
        that other party, the court shall, notwithstanding anything in
        section 3 or 5 of this Ordinance, have power, if it thinks it just to
        do so, to treat that party for the purposes of that application as if
        the decree of divorce or nullity of marriage had not been made
        absolute or the decree of judicial separation had not been granted, as
        the case may be.

(2) This section shall not apply in relation to a decree of judicial
separation unless at the date of the death of the deceased the decree was in
force and the separation was continuing. (Enacted 1995) [cf. 1975 c. 63 s. 14
U.K.]