Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 2

Interpretation

(Past version on 30/06/1997).

Adaptation amendments retroactively made-see 25 of 1998 s. 2

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

"attorney" (受權人), in relation to an enduring power, means the person
appointed as attorney under the power;

"court" (法院) means the Court of First Instance; (Amended 25 of 1998 s. 2)

"donor" (授權人), in relation to an enduring power, means the person giving
the power;

"enduring power" (持久授權) means an enduring power of attorney;

"enduring power of attorney" (持久授權書) means a power of attorney which
is an enduring power of attorney within the meaning of section 3;

"mentally incapable" (精神上無能力行事) and "mental incapacity"
(精神上無行為能力) mean being mentally incapable and suffering from
mental incapacity within the meaning of section 1A of the
Powers of Attorney Ordinance ( Cap 31) and

"mentally capable" (精神上有能力行事) and "mental capacity"
(精神上行為能力) must be construed accordingly;

"prescribed" (訂明) means prescribed by regulations made under section 18;

"prescribed explanatory information" (訂明說明資料) means the
information prescribed under section 18 (which is described in subsection (2)
of that section);

"registered" (註冊) means registered under section 9;

"trust corporation" (信託法團) has the meaning assigned to it by the
Trustee  Ordinance ( Cap 29).

(2) For the avoidance of doubt it is declared that for the purposes
of this Ordinance the references to "power of attorney" and "effect of the
power of attorney" in section 1A of the Powers of Attorney Ordinance (Cap
31) are to be construed as references respectively to "enduring power" and
"effect of the enduring power and the prescribed explanatory information in
the enduring power". "attorney" (受權人) "court" (法院) "donor"
(授權人) "enduring power" (持久授權) "enduring power of attorney"
(持久授權書) "mentally incapable" (精神上無能力行事) and "mental
incapacity" (精神上無行為能力) "mentally capable"
(精神上有能力行事) and "mental capacity" (精神上行為能力)
"prescribed" (訂明) "prescribed explanatory information"
(訂明說明資料) "registered" (註冊) "trust corporation" (信託法團)
"power of attorney" and "effect of the power of attorney"