### Powers of Attorney Ordinance 《授權書條例》

6. Execution of instruments, etc. by donee of power of attorney
(1) The donee of a power of attorney may, if he thinks fit—
(a) execute any instrument with his own signature and, where sealing is required, with his own seal; and
(b) do any other thing in his own name,
by the authority of the donor of the power; and any document executed or thing done in that manner shall be as effective as if executed or done by the donee with the signature and seal, or, as the case may be, in the name, of the donor of the power.
(2) For the avoidance of doubt it is hereby declared that an instrument may be executed on behalf of a person by a donee of a power of attorney either as provided in this section or as provided in any other Ordinance.
(3) This section is without prejudice to a provision in any other Ordinance requiring an instrument to be executed by a person specified therein.
(4) This section applies to powers of attorney whenever created.
[cf. 1971 c .27 s. 7 U.K.]

7. Effect of general power of attorney in specified form
(1) Subject to subsection (2), a general power of attorney in the form set out in the Schedule, or in a form to the like effect but expressed to be made under this Ordinance, shall operate to confer—
(a) on the donee of the power; or
(b) if there is more than one donee, on the donees acting jointly or acting jointly or severally, as the case may be,
authority to do on behalf of the donor anything which he can lawfully do by an attorney.
(2) This section does not apply to functions which the donor has as a trustee or personal representative.
[cf. 1971 c. 27 s. 10 U.K.] 

8. Powers of attorney prior to amendments not to be affected
For the avoidance of doubt it is declared that any question relating to the validity or otherwise or revocation of a power of attorney created before the commencement* of the Powers of Attorney (Amendment) Ordinance 1997 (18 of 1997) is to be determined as if that Ordinance had not been enacted.
(Added 18 of 1997 s. 3)Editorial Note:
* Commencement date: 27 June 1997. 

### Wills Ordinance 《遺囑條例》

1. Short title
This Ordinance may be cited as the Wills Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
disposition (處置) means any devise, bequest, gift or appointment, or the giving of any estate or interest;
internal law (本土法律) in relation to any territory or state means the law which would apply in a case where no operation of the law in force in any other territory or state arose; [cf. 1963 c. 44 s. 6(1) U.K.]
personal representative (遺產代理人) means the executor, original or by representation, or administrator for the time being of a deceased person; [cf. 1925 c. 23 s. 53 U.K.]
property (財產) includes all property both real and personal;
sign (簽署) includes the affixing or making of a seal, mark, thumbprint or chop; (Added 56 of 1995 s. 2)
state (國家) means a territory or group of territories having its own law of nationality; [cf. 1963 c. 44 s. 6(1) U.K.]
will (遺囑) includes a codicil and any other testamentary instrument or act, and testator (立遺囑人) shall be construed accordingly. [cf. 1963 c. 44 s. 6(1) U.K.]

3. All property may be disposed of by will
A person may by will, executed in accordance with this Ordinance, dispose of all property to which he is beneficially entitled at the time of his death and which on his death devolves on his personal representatives.
(Replaced 56 of 1995 s. 3)[cf. 1837 c. 26 s. 3 U.K.]

4. Wills of persons not of full age
(1) Subject to subsection (2), no will made by a person who has not attained full age shall be valid.
(2) A married person, a person in actual naval, military or air force service, and a mariner or seaman at sea, may make a valid will and may validly revoke a will even though he has not attained full age.
[cf. 1837 c. 26 s. 7 U.K.; 1918 c. 58 U.K.] (3) For the purpose of this section, married person (已婚者) means a party to a marriage within the meaning of the Married Persons Status Ordinance (Cap. 182).
(Replaced 56 of 1995 s. 3)

### Wills Ordinance 《遺囑條例》

5. Signing and witnessing of a will
(1) Subject to sections 6 and *23D, no will shall be valid unless—
(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction;
(b) it appears that the testator intended by his signature to give effect to the will;
(c) the signature is made or acknowledged by the testator in the presence of 2 or more witnesses present at the same time; and
(d) each witness either—
(i) attests and signs the will; or
(ii) acknowledges his signature,
in the presence of the testator (but not necessarily in the presence of any other witness),
but no form of attestation shall be necessary. [cf. 1982 c. 53 s. 17 U.K.](2) A document purporting to embody the testamentary intentions of a deceased person shall, notwithstanding that it has not been executed in accordance with the requirements under subsection (1), be deemed to be duly executed if, upon application, the court is satisfied that there can be no reasonable doubt that the document embodies the testamentary intentions of the deceased person.
(Replaced 56 of 1995 s. 3) Editorial Note:
* Section 23D has not yet come into operation. See section 8 of the Wills (Amendment) Ordinance 1995 (56 of 1995).

6. Privileged wills
Any person in actual naval, military or air force service, and any mariner or seaman at sea may by will—
(a) dispose of any of his property;
(b) exercise any power of appointment; or
(c) appoint a person as guardian of his infant children,
without complying with section 5(1).
(Replaced 56 of 1995 s. 3)[cf. 1837 c. 26 s. 11 U.K.; 1918 c. 58 U.K.]

7. Appointment by will
(1) No appointment made by will, in exercise of any power, shall be valid unless it is executed in accordance with section 5.
(2) Every will so executed shall, so far as concerns its execution and attestation, be a valid execution of a power of appointment by will, notwithstanding that it has been expressly required that a will made in exercise of such power shall be executed with some additional or other form of execution or solemnity.
[cf. 1837 c. 26 s. 10 U.K.]

8. Publication of will not necessary
Every will executed in accordance with section 5 shall be valid without any other publication thereof.
[cf. 1837 c. 26 s. 13 U.K.]