### Merchant Shipping (Liner Conferences) Ordinance 《商船(班輪公會)條例》

17. Repeal
(1) The Merchant Shipping (Liner Conferences) (Hong Kong) Order 1985 (App. III, p. CL1) is repealed.
(2) Sections 23 to 25 of the Interpretation and General Clauses Ordinance (Cap. 1) apply to the repeal of the enactment mentioned in subsection (1) as they apply to the repeal of an Ordinance.

### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

1. Short title
(Amended E.R. 1 of 2022)(1) This Ordinance may be cited as the Inheritance (Provision for Family and Dependants) Ordinance.
(2) (Omitted as spent—E.R. 1 of 2022)

### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

7. Interim orders
(1) Where on an application for an order under section 4 it appears to the court—
(a) that the applicant is in immediate need of financial assistance, but it is not yet possible to determine what order (if any) should be made under that section; and
(b) that property forming part of the net estate of the deceased is or can be made available to meet the need of the applicant,
the court may order that, subject to such conditions or restrictions, if any, as the court may impose and to any further order of the court, there shall be paid to the applicant out of the net estate of the deceased such sum or sums and (if more than one) at such intervals as the court thinks reasonable; and the court may order that, subject to this Ordinance, such payments are to be made until such date as the court may specify, not being later than the date on which the court either makes an order under section 4 or decides not to exercise its powers under that section.
(2) Subsections (2), (3) and (4) of section 4 shall apply in relation to an order under this section as they apply in relation to an order under that section.
(3) In determining what order, if any, should be made under this section the court shall, so far as the urgency of the case admits, have regard to the same matters as those to which the court is required to have regard under section 5.
(4) An order made under section 4 may provide that any sum paid to the applicant by virtue of this section shall be treated to such an extent and in such manner as may be provided by that order as having been paid on account of any payment provided for by that order.

[cf. 1975 c. 63 s. 5 U.K.]

8. Variation, discharge, etc. of orders for periodical payments
(1) Where the court has made an order under section 4(1)(a) (in this section referred to as the original order

### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

9. Payment of lump sums by instalments
(1) An order under section 4(1)(b) or 8(2)(b) for the payment of a lump sum may provide for the payment of that sum by instalments of such amount as may be specified in the order.
(2) Where an order is made by virtue of subsection (1), the court shall have power, on an application made by the person to whom the lump sum is payable, by the personal representatives of the deceased or by the trustees of the property out of which the lump sum is payable, to vary that order by varying the number of instalments payable, the amount of any instalment and the date on which any instalment becomes payable.

[cf. 1975 c. 63 s. 7 U.K.]

10. Property treated as part of net estate

11. Property held on a joint tenancy
(1) Where a deceased person was immediately before his death beneficially entitled to a joint tenancy of any property, then, if, before the end of the period of 6 months from the date on which representation with respect to the estate of the deceased was first taken out, an application is made for an order under section 4, the court for the purpose of facilitating the making of financial provision for the applicant under this Ordinance may order that the deceased’s severable share of that property, at the value thereof immediately before his death, shall, to such extent as appears to the court to be just in all the circumstances of the case, be treated for the purposes of this Ordinance as part of the net estate of the deceased.
(2) In determining the extent to which any severable share is to be treated as part of the net estate of the deceased by virtue of an order under subsection (1), the court shall have regard to any estate duty payable in respect of that severable share.
(3) Where an order is made under subsection (1), this section shall not render any person liable for anything done by him before the order was made.
(4) For the avoidance of doubt it is hereby declared that for the purposes of this section there may be a joint tenancy of a chose in action.
(5) This section does not apply to a joint tenancy of any property created before the commencement* of this Ordinance.

[cf. 1975 c. 63 s. 9 U.K.] Editorial Note:
* Commencement date: 3 November 1995.

### Inheritance (Provision for Family and Dependants) Ordinance 《財產繼承(供養遺屬及受養人)條例》

12. Dispositions intended to defeat applications for financial provision
(1) Where an application is made to the court for an order under section 4, the applicant may, in the proceedings on that application, apply to the court for an order under subsection (2).
(2) Where on an application under subsection (1) the court is satisfied—
(a) that, less than 6 years before the date of the death of the deceased, the deceased with the intention of defeating an application for financial provision under this Ordinance made a disposition; and
(b) that full valuable consideration for that disposition was not given by the person to whom or for the benefit of whom the disposition was made (in this section referred to as the donee

13. Contracts to leave property by will
(1) Where an application is made to a court for an order under section 4, the applicant may, in the proceedings on that application, apply to the court for an order under this section.
(2) Where on an application under subsection (1) the court is satisfied—
(a) that the deceased made a contract by which he agreed to leave by his will a sum of money or other property to any person or by which he agreed that a sum of money or other property would be paid or transferred to any person out of his estate; and
(b) that the deceased made that contract with the intention of defeating an application for financial provision under this Ordinance; and
(c) that when the contract was made full valuable consideration for that contract was not given or promised by the person with whom or for the benefit of whom the contract was made (in this section referred to as the donee