Hong Kong Ordinances

INTESTATES' ESTATES ORDINANCE - SECT 2

Interpretation

(Past version on 01/07/1997).
(Past version on 30/06/1997).



"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)

(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 or 20F 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, subject to subsection
        (2A), 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. Amended 28 of 2004 s. 35)

(2A) For the purposes of this Ordinance, a person adopted under an adoption
order granted under paragraph (c) of section 5(1) of the Adoption  Ordinance (
Cap 290) shall be treated as the child of the adopter and the parent referred
to in that paragraph, and not as the child of any other person, and all
relationships to the adopted person shall be deduced accordingly. (Added 28 of
2004 s. 35)

(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)