Hong Kong Ordinances

INTESTATES' ESTATES ORDINANCE - SECT 2

Interpretation

Caution: This is a past version. See the current version here.

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

(1) In this Ordinance, unless the context otherwise requires- "court" (法院)
means the Court of First Instance; (Amended 25 of 1998 s. 2) "estate" (遺產)
means real and personal estate; "husband" (丈夫) and "wife" (妻子), in
relation to a person, mean a husband or wife of that person by a
valid marriage; "intestate" (無遺囑者) includes a person who leaves a will
but dies intestate as to some beneficial interest in his estate; [cf. 1925 c.
23 s. 55(1) U.K.] "personal chattels" (非土地資產) means-

   (a)  the following things situated at the time of the intestate's death at
        any residence of a surviving husband or wife of the intestate, namely
        furniture, clothes, articles of adornment, articles of household,
        personal, recreational or decorative use, consumable stores, garden
        effects and domestic animals; and

   (b)  motor vehicles and accessories, but does not include any chattel used
        exclusively or principally for business or professional purposes, or
        money or securities for money; (Replaced 57 of 1995 s. 2) "residuary
        estate" (剩餘遺產) means every beneficial interest in an estate as
        to which a person dies intestate, after payment of all such funeral
        and administration expenses, debts and other liabilities as are
        properly payable thereout, which (otherwise than in right of a power
        of appointment) he could, if of full age and capacity, have disposed
        of by his will.

(2) For the purposes of this Ordinance, a person adopted under-

   (a)  an adoption order made under the Adoption Ordinance ( Cap 290);

   (b)  an adoption to which section 17 of that Ordinance applies; or

   (c)  an adoption made in Hong Kong in accordance with Chinese law and
        custom before 1 January 1973, shall be treated as the child of the
        adopter, and not as the child of any other person, and all
        relationships to the adopted person shall be deduced accordingly.
        (Replaced 57 of 1995 s. 2)

(3) References in this Ordinance to a child or issue living at the death of
any person include a child or issue en ventre sa mere at the death. [cf. 1925
c. 23 s. 55(2) U.K.]

(4) (Repealed 57 of 1995 s. 2) "court" (法院) "estate" (遺產) "husband"
(丈夫) and "wife" (妻子) "intestate" (無遺囑者) "personal chattels"
(非土地資產) "residuary estate" (剩餘遺產)