LEGITIMACY ORDINANCE

LEGITIMACY ORDINANCE

LAWS OF HONG KONG

LEGITIMACY ORDINANCE

CHAPTER 184





CHAPTER 184

LEGITIMACY ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Legitimation by subsequent marriage of parents ... ... ... ... ... ... ... 2
4. Rights of legitimated persons, etc. to take interests in property ... ... ... ... 3
5. Succession on intestacy of legitimated persons and their issue ... ... ... ... 3
6. Application to illegitimate person dying before marriage of parents ... ... ... 3
7. Personal rights and obligations of legitimated persons ... ... ... ... ... ... 3
8. Provisions as to persons legitimated by extraneous law ... ... ... ... ... ... 4
9. Application to persons recognized as having been legitimated ... ... ... ... 4
10. Right of illegitimate child and mother of illegitimate child to succeed on intestacy
of the other ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
11. Legitimacy of children of certain void marriages ... ... ... ... ... ... ... 4
12. Legitimacy of children of voidable marriages ... ... ... ... ... ... ... ... 5

13. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
14. Avoidance of doubt ... ... ... ... ... ... ... ... ... ... ... ... ... 5

Schedule. Registration of Births of Legitimated Persons ... ... ... ... ... ... ... 5





CHAPTER 184

LEGITIMACY

To amend the law relating to children born out of wedlock.

[7 October 197 L]

1. This Ordinance may be cited as the Legitimacy Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'Court' means the Supreme Court or the District Court,
(Replaced, 79 of 1981, s. 6)

'date of legitimation' means the date of the marriage leading to
the legitimation, or, where the marriage occurred before the
commencement of this Ordinance, the commencement of this
Ordinance;

'disposition' means an assurance of any interest in property by any
instrument whether inter vivos or by will;

'intestate' includes a person who leaves a will but dies intestate as to
some beneficial interest in his estate;

'legitimated person' means a person legitimated by this Ordinance;

'marriage' means-

(a)a marriage celebrated or contracted in accordance with the
provisions of the Marriage Ordinance;

(b)a modern marriage validated by the Marriage Reform
Ordinance;

(c)a customary marriage declared to be valid by the Marriage
Reform Ordinance; or

(d)a marriage celebrated or contracted outside Hong Kong in
accordance with the law in force at the time and in the
place where the marriage was performed.

3. (1) Subject to the provisions of this section, where the
parents of an illegitimate person marry or have married one another,
whether before or after the commencement of this Ordinance, the
marriage shall, if the father of the illegitimate person was or is at the
date of the marriage domiciled in Hong Kong or had or has at such
date a substantial connexion with Hong Kong, render that person,
if living, legitimate from the commencement of this Ordinance, or
from the date of the marriage, whichever last happens.

(2) The legitimation of a person under this Ordinance shall not
enable him or his spouse, children or remoter issue to take any
interest in property save as is hereinafter in this Ordinance expressly
provided.





(3) The provisions contained in the Schedule shall have effect
with respect to the re-registration of the births of legitimated
persons.
(4) The Legislative Council may by resolution vary the
amount of any fee specified in the Schedule. (Added, 53 of 1986,
s.2)

4. (1) Subject to the provisions of this Ordinance, a legiti-
mated person and his spouse, children or remoter issue shall be
entitled to take any interest-
(a)in the estate of an intestate dying after the date of legitima-
tion;
(b)under any disposition coming into operation after the date
of legitimation,
in like manner as if the legitimated person had been born legitimate.
(2) Where the right to any property depends on the relative
seniority of the children or any person, and those children include
one or more legitimated persons, the legitimated person or persons
shall rank as if he or they had been born on the day when he or they
became legitimated, and if more than one such legitimated person
became legitimated at the same time, they shall rank as between
themselves in order of seniority.
(3) This section applies only if and so far as a contrary
intention is not expressed in the disposition, and shall have effect
subject to the terms of the disposition and to the provisions therein
contained.

5. Where a legitimated person or a child or remoter issue of
a legitimated person dies intestate in respect of all or any of his
property, the same persons shall be entitled to take the same
interests therein as they would have been entitled to take if the
legitimated person had been born legitimate.

6. Where an illegitimate person dies after the commencement
of this Ordinance and before the marriage of his parents leaving any
spouse, children or remoter issue living at the date of such marriage,
then, if that person would, if living at the time of the marriage of his
parents, have become a legitimated person, the provisions of this
Ordinance with respect to the taking of interests in property by, or in
succession to, the spouse, children and remoter issue of a legitimated
person shall apply as if such person as aforesaid had been a
legitimated person and the date of the marriage of his parents had
been the date of legitimation.

7. A legitimated person shall have the same rights, and shall
be under the same obligations in respect of the maintenance and
support of himself or of any other person as if he had been born
legitimate, and, subject to the provisions of this Ordinance. the
provisions of any law relating to claims for damages, compensation,
allowance, benefit, or otherwise by or in respect of a legitimate child
shall apply in like manner in the case of a legitimated person.





8. (1) Where the parents of an illegitimate person marry or have
married one another, whether before or after the commencement of this
Ordinance, and the father of the illegitimate person was or is, at the time
of the marriage, domiciled in or had a substantial connexion with a
country, other than Hong Kong, by the law of which the illegitimate
person became legitimated by virtue of such subsequent marriage, that
person, if living. shall in Hong Kong be recognized as having been so
legitimated from the commencement of this Ordinance or from the date
of the marriage, whichever last happens, notwithstanding that his father
was not at the time of the birth of such person domiciled in or did not
have a substantial connexion with a country in which legitimation by
subsequent marriage was permitted by law.

(2) For the purposes of this section the expression
'country'includes any Commonwealth country and any foreign
country.

9. All the provisions of this Ordinance relating to legitimated
persons and to the taking of interests in property by or in succession to
a legitimated person and the spouse, children and remoter issue of a
legitimated person shall apply in the case of a person recognized as
having been legitimated under section 8, or who would, had he survived
the marriage of his parents, have been so recognized; and accordingly
this Ordinance shall have effect as if reference therein to a legitimated
person included persons so recognized as having been legitimated.

10. (1) Where, after the commencement of this Ordinance, the
mother of an illegitimate child, such child not being a legitimated
person, dies intestate as respects all or any of her property, and does
not leave any legitimate issue her surviving, the illegitimate child, or, if
he is dead, his issue, shall be entitled to take any interest therein to
which he or such issue would have been entitled if he had been born
legitimate.

(2) Where, after the commencement of this Ordinance, an
illegitimate child not being a legitimated person, dies intestate in respect
of all or any of his property, his mother if surviving shall be entitled to
take any interest therein to which she would have been entitled if the
child had been born legitimate and she had been the only surviving
parent.

11. (1) Subject to the provisions of this section, the child of a void
marriage, whether born before or after the commencement of this
Ordinance, shall be treated as the legitimate child of his parents if at the
time of the act of intercourse resulting in the birth (or at the time of the
celebration of the marriage if later) both or either of the parties
reasonably believed that the marriage was valid.

(2) This section applies, and applies only, where the father of the
child was domiciled in or had a substantial connexion with Hong Kong
at the time of the birth or, if he died before the birth. was so domiciled or
had such a connexion immediately before his death.





(3) In this section, 'void marriage' means a marriage, not being
voidable only, in respect of which the Court has or had jurisdiction to
grant a decree of nullity, or would have or would have had such
jurisdiction if the parties were domiciled in or had a substantial
connexion with Hong Kong.

12. Where a decree of nullity is granted in respect of a voidable
marriage, any child who would have been the legitimate child of the
parties to the marriage if it had been dissolved, instead of being
annulled, at the date of the decree shall be deemed to be their legitimate
child notwithstanding the annulment.

13. Nothing in this Ordinance shall affect the operation or
construction of any disposition coming into operation before the
commencement of this Ordinance, or affect any rights under the
intestacy of a person dying before the commencement of this
Ordinance.

14. (1) For the avoidance of doubt, it is declared that any person
who is the child of

(a)a modern marriage validated by the Marriage Reform
Ordinance;

(b)a customary marriage declared to be valid by the Marriage
Reform Ordinance;

(e) a union of concubinage; or

(d)a kim flu marriage entered in accordance with Chinese law and
custom applicable thereto in Hong Kong before the appointed
day under the Marriage Reform Ordinance,

shall be a legitimate child of the marriage or union and shall be deemed
always to have been so legitimate, for all purposes.

(2) In this section, 'union of concubinage' means a union of
concubinage, entered by a male partner and a female partner before the
appointed day under the Marriage Reform Ordinance, under which
union 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.

SCHEDULE [s. 3(3).]

REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS

1. The Registrar of Births and Deaths (hereinafter referred to as the Registrar
which term shall include any deputy registrar) may, on production of such evidence
as appears to him to be satisfactory, authorize at any time the re-registration of
the birth of a legitimated person whose birth is already registered under the Births
and Deaths Registration Ordinance, and such re-registration shall be effected in
such manner and at such place as the Registrar directs:

Provided that the Registrar shall not authorize the re-registration of the birth
of any such person in any case where information with a view to obtaining such re-
registration is not furnished to him by both parents, unless





(a)the name of a person acknowledging himself to be the father of the
legitimated person has been entered in the register in pursuance of section
12 of the Births and Deaths Registration Ordinance; or

(b) the paternity of the legitimated person has been established by an
affiliation
order or otherwise by a decree of a court of competent jurisdiction; or

(c)a declaration of the legitimacy of the legitimated person has been made
under section 49 of the Matrimonial Causes Ordinance.

2. It shall be the duty of the parents of a legitimated person, or, in cases where
re-registration can be effected on information furnished by one parent and one of
the parents is dead, of the surviving parent, within the time hereinafter specified,
to furnish to the Registrar information with a view to obtaining the re-registration
of the birth of that person; that is to say

(a)if the marriage took place before the commencement of this Ordinance,
within 6 months of such commencement;

(b)if the marriage took place after the commencement of this Ordinance,
within 3 months after the date of the marriaee.

3. Where the parents, or either of them. fail to furnish the necessary
information within the lime limited for the purpose, the Registrar may at any time
after the expiration of that time require the parents of a person whom he believes
to have been legitimated by virtue of this Ordinance, or either of them, to give
him such information concerning the matter as he may consider necessary, verified
in such manner as he may direct, and for that purpose to attend personally either
at a register office or at any other place appointed by him within such time, not
being less than 7 days after the receipt of the notice, as may be specified in the
notice.

4. The failure of the parents or either of them to furnish information as
required by this Schedule in respect of any legitimated person shall not affect the
legitimation of that person.

5. No fee for re-registration under this Schedule shall be charged if the
necessary information for the purpose is furnished within the time above specified;
but in any other case there shall be charged in respect of such re-registration a fee
of $35.

(Amended, 69 of 1984, s. 2 and 53 of 1986, s.
3)

6. (1) Upon application being made to a Registrar and upon payment of a fee
of $12 a certified copy of the entry of the birth of a legitimated person whose
birth has been re-registered shall be supplied to the person applying and paying the
fee. (Amended, 69 of 1984, s. 2 and 53 of 1986, s. 3)

(2) Where the birth of a legitimated person has been re-registered no certified
copy of any previous entry shall be supplied without the consent of the Registrar.

7. This Schedule shall be construed as one with the Births and Deaths
Registration Ordinance.
Originally 29 of 1971. 79 of 1981. 69 of 1984. 53 of 1986. Short title. Interpretation. 1926 c. 60, s. 11. (Cap. 181.) (Cap. 178.) Legitimation by subsequent marriage of parents. 1926 c. 60, s. 1. Schedule. rights of legitimated persons, etc. to take interests in property. 1926 c. 60, s. 3. Succession on intestacy of legitimated persons their issue. 1926 c. 60. S. 4. Application to illegitimate person dying before marriage of parents. 1926 c. 60, s. 5. Personal rights and obligations of legitimated persons 1926 c. 60, s. 6. Provisions as to persons legitimated by extraneous law. 1926 c. 60, s. 8(1) & (3). Application to persons recognized as having been legitimated. 1926 c. 60, s. 8(2). Right of illegitimate child and mother illegitimate child to succeed on intestacy of the other. 1926 c. 60, s. 9. Legitimacy of children of certain void marriages. 1959 c. 73, s. 2. Legitimacy of children of voidable marriages. 1965 c. 72, s. 11. Saving. 1926 c. 60, s. 10(2). Avoidance of doubt. (Cap. 178) (Cap. 178) (Cap. 174) (Cap. 179.) (Cap. 174.)

Originally 29 of 1971. 79 of 1981. 69 of 1984. 53 of 1986. Short title. Interpretation. 1926 c. 60, s. 11. (Cap. 181.) (Cap. 178.) Legitimation by subsequent marriage of parents. 1926 c. 60, s. 1. Schedule. rights of legitimated persons, etc. to take interests in property. 1926 c. 60, s. 3. Succession on intestacy of legitimated persons their issue. 1926 c. 60. S. 4. Application to illegitimate person dying before marriage of parents. 1926 c. 60, s. 5. Personal rights and obligations of legitimated persons 1926 c. 60, s. 6. Provisions as to persons legitimated by extraneous law. 1926 c. 60, s. 8(1) & (3). Application to persons recognized as having been legitimated. 1926 c. 60, s. 8(2). Right of illegitimate child and mother illegitimate child to succeed on intestacy of the other. 1926 c. 60, s. 9. Legitimacy of children of certain void marriages. 1959 c. 73, s. 2. Legitimacy of children of voidable marriages. 1965 c. 72, s. 11. Saving. 1926 c. 60, s. 10(2). Avoidance of doubt. (Cap. 178) (Cap. 178) (Cap. 174) (Cap. 179.) (Cap. 174.)

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