To amend the law relating to children born out of wedlock.
[7 October 1971]
(Format changes—E.R. 4 of 2019)
This Ordinance may be cited as the Legitimacy Ordinance.
In this Ordinance, unless the context otherwise requires—
Court (法院) means the High Court or the District Court; (Replaced 79 of 1981 s. 6. Amended 25 of 1998 s. 2) date of legitimation (確立婚生地位日期) 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 (產權處置) means an assurance of any interest in property by any instrument whether inter vivos or by will; intestate (無遺囑者) includes a person who leaves a will but dies intestate as to some beneficial interest in his estate; legitimated person (獲確立婚生地位人士) means a person legitimated by this Ordinance; marriage (婚姻、結婚) means— (a)a marriage celebrated or contracted in accordance with the provisions of the Marriage Ordinance (Cap. 181); (b)a modern marriage validated by the Marriage Reform Ordinance (Cap. 178); (c)a customary marriage declared to be valid by the Marriage Reform Ordinance (Cap. 178); 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. [cf. 1926 c. 60 s. 11 U.K.]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.
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.
The provisions contained in the Schedule shall have effect with respect to the re-registration of the births of legitimated persons.
The Legislative Council may by resolution vary the amount of any fee specified in the Schedule. (Added 53 of 1986 s. 2)
[cf. 1926 c. 60 s. 1 U.K.]
Subject to the provisions of this Ordinance, a legitimated person and his spouse, children or remoter issue shall be entitled to take any interest—
in the estate of an intestate dying after the date of legitimation;
under any disposition coming into operation after the date of legitimation,
in like manner as if the legitimated person had been born legitimate.
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.
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.
[cf. 1926 c. 60 s. 3 U.K.]
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.
[cf. 1926 c. 60 s. 4 U.K.]
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.
[cf. 1926 c. 60 s. 5 U.K.]
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.
[cf. 1926 c. 60 s. 6 U.K.]
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 place outside 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 place in which legitimation by subsequent marriage was permitted by law. (Amended 23 of 1998 s. 2)
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.
[cf. 1926 c. 60 s. 8(2) U.K.]
(Repealed 17 of 1993 s. 19)
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 conception of the child (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. (Amended 17 of 1993 s. 19)
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.
It is hereby declared for the avoidance of doubt that subsection (1) applies notwithstanding that the belief that the marriage was valid was due to a mistake as to law. (Added 17 of 1993 s. 19)
In relation to a child born after the coming into force of section 19 of the Parent and Child Ordinance (Cap. 429), it shall be presumed for the purposes of subsection (1), unless the contrary is shown, that one of the parties to the void marriage reasonably believed at the time of the conception of the child (or at the time of the celebration of the marriage if later) that the marriage was valid. (Added 17 of 1993 s. 19) [cf. 1976 c. 31 s. 1 U.K.]
[cf. 1959 c. 73 s. 2 U.K.]
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.
[cf. 1965 c. 72 s. 11 U.K.]
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.
[cf. 1926 c. 60 s. 10(2) U.K.]
For the avoidance of doubt, it is declared that any person who is the child of—
a modern marriage validated by the Marriage Reform Ordinance (Cap. 178);
a customary marriage declared to be valid by the Marriage Reform Ordinance (Cap. 178);
a union of concubinage; or
a kim tiu marriage entered in accordance with Chinese law and custom applicable thereto in Hong Kong before the appointed day under the Marriage Reform Ordinance (Cap. 178),
shall be a legitimate child of the marriage or union and shall be deemed always to have been so legitimate, for all purposes.
Where in any proceedings a union of concubinage is proved to have been entered into by a male partner and a female partner 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. (Added 57 of 1995 s. 14)
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 (Cap. 174), 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 (Cap. 174); 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 (Cap. 179).
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—
if the marriage took place before the commencement of this Ordinance, within 6 months of such commencement;
if the marriage took place after the commencement of this Ordinance, within 3 months after the date of the marriage.
Where the parents, or either of them, fail to furnish the necessary information within the time 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.
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.
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 $340. (Amended 69 of 1984 s. 2; 53 of 1986 s. 3; L.N. 75 of 1991; L.N. 198 of 1993; L.N. 364 of 1994; L.N. 243 of 1995; L.N. 285 of 1996; L.N. 453 of 1997)
Upon application being made to a Registrar and upon payment of a fee of $140 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; 53 of 1986 s. 3; L.N. 75 of 1991; L.N. 198 of 1993; L.N. 364 of 1994; L.N. 243 of 1995; L.N. 285 of 1996; L.N. 453 of 1997)
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.
This Schedule shall be construed as one with the Births and Deaths Registration Ordinance (Cap. 174).