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

21. Effect, duration and form of orders
(1) Where an order is made under section 4 then for all purposes, including the purposes of the enactments relating to estate duty (if applicable), the will or the law relating to intestacy, or both the will and the law relating to intestacy, as the case may be, shall have effect and be deemed to have had effect as from the deceased’s death subject to the provisions of the order. (Amended 21 of 2005 s. 39)
(2) Any order made under section 4 or 7 in favour of—
(a) an applicant who was the former husband or former wife of the deceased; or
(b) an applicant who was the husband or wife of the deceased in a case where the marriage with the deceased was the subject of a decree of judicial separation and at the date of death the decree was in force and the separation was continuing,
shall, in so far as it provides for the making of periodical payments, cease to have effect on the remarriage of the applicant, except in relation to any arrears due under the order on the date of the remarriage.
(3) A copy of every order made under this Ordinance (other than an order made under section 17(1)) shall be sent to the Probate Registry of the High Court for entry and filing, and a memorandum of the order shall be endorsed on, or permanently annexed to, the probate or letters of administration under which the estate is being administered. (Amended 25 of 1998 s. 2)
[cf. 1975 c. 63 s. 19 U.K.]

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

22. Provisions as to personal representatives
(1) This Ordinance shall not render the personal representative of a deceased person liable for having distributed any part of the estate of the deceased, after the end of the period of 6 months from the date on which representation with respect to the estate of the deceased is first taken out, on the ground that he ought to have taken into account the possibility—
(a) that the court might permit the making of an application for an order under section 4 after the end of that period; or
(b) that, where an order has been made under section 4, the court might exercise in relation thereto the powers conferred on it by section 8,
but this subsection shall not prejudice any power to recover, by reason of the making of an order under this Ordinance, any part of the estate so distributed.
(2) Where the personal representative of a deceased person pays any sum directed by an order under section 7 to be paid out of the deceased’s net estate, he shall not be under any liability by reason of that estate not being sufficient to make the payment, unless at the time of making the payment he has reasonable cause to believe that the estate is not sufficient.
(3) Where a deceased person entered into a contract by which he agreed to leave by his will any 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, then, if the personal representative of the deceased has reason to believe that the deceased entered into the contract with the intention of defeating an application for financial provision under this Ordinance, he may, notwithstanding anything in that contract, postpone the payment of that sum of money or the transfer of that property until the expiration of the period of 6 months from the date on which representation with respect to the estate of the deceased is first taken out or, if during that period an application is made for an order under section 4, until the determination of the proceedings on that application.

[cf. 1975 c. 63 s. 20 U.K.]

24. Onus of proof
Where in any proceedings under this Ordinance a union of concubinage is proved to have been entered into before 7 October 1971, it shall be presumed, until the contrary is proved, that the female partner has, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally.

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

25. Commencement and transfer of proceedings
(1) Subject to subsections (2) and (3), proceedings under this Ordinance shall be commenced in the District Court.
(2) The power to make rules of court under section 54 of the High Court Ordinance (Cap. 4) and section 72 of the District Court Ordinance (Cap. 336) shall for the purpose of this Ordinance include powers to make provision—
(a) for the transfer to the High Court of any proceedings upon the application of any party or at the instance of the District Court; and
(b) for the transfer and retransfer from the High Court of any proceedings to the District Court. (Amended 25 of 1998 s. 2)
(3) Applications under sections 8 and 9(2) shall be made to the court that made the order to which the application relates; but rules of court may make provision for the transfer of applications from one court to the other.

26. Determination of date on which representation was first taken out
In considering for the purposes of this Ordinance when representation with respect to the estate of a deceased person was first taken out, a grant limited to part only of the estate shall be left out of account unless a grant limited to the remainder of the estate has previously been made or is made at the same time.
[cf. 1975 c. 63 s. 23 U.K.]

28. Repeal
The Deceased’s Family Maintenance Ordinance (Cap. 129) is repealed.

29. Sections repealed
Sections 38, 39 and 40 of the Matrimonial Causes Ordinance (Cap. 179) are repealed.

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

33. Transitional provisions
(1) The repeal of provisions referred to in sections 28 and 29 shall not affect their operation in relation to any application made thereunder (whether before or after the commencement* of this Ordinance) with reference to the death of any person who died before the commencement of this Ordinance.
(2) Without prejudice to section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) (which relates to the effect of repeals) nothing in any repeal made by this Ordinance shall affect any order made or direction given under any enactment repealed by this Ordinance, and, subject to this Ordinance, every such order or direction (other than an order made under section 11 of the Deceased’s Family Maintenance Ordinance (Cap. 129)) shall, if it is in force at the commencement of this Ordinance or is made by virtue of subsection (1), continue in force as if it had been made under section 4(1)(a) of this Ordinance, and for the purposes of section 8(7) of this Ordinance the court in exercising its powers under that section in relation to an order continued in force by this subsection shall be required to have regard to any change in any of the circumstances to which the court would have been required to have regard when making that order if the order had been made with reference to the death of any person who died after the commencement of this Ordinance.
[cf. 1975 c. 63 s. 26 U.K.] Editorial Note:
* Commencement date: 3 November 1995.

### Sex Discrimination Ordinance 《性別歧視條例》

1. Short title
(1) This Ordinance may be cited as the Sex Discrimination Ordinance.
(2) (Omitted as spent—E.R. 1 of 2013)