Cap. 73A 《無遺囑者繼承(資本價值的計算)公告》Intestate Succession (Reckoning of Capital Value) Notice
生效中Intestate Succession (Reckoning of Capital Value) Notice
(Cap. 73, paragraph 5(3) of Schedule 1)
(Enacting provision omitted—E.R. 6 of 2019)
[22 December 1995]
(Format changes—E.R. 6 of 2019)
1. (Omitted as spent—E.R. 6 of 2019)
2. Interpretation
In this Notice—
election date (選擇日期) means the date on which the election is exercised as mentioned in section 3(1); Monetary Authority (金融管理專員) means the Monetary Authority appointed under section 5A of the Exchange Fund Ordinance (Cap. 66); Notes (債券) means the Exchange Fund Notes with a maturity of 5 years issued by the Government for the account of the Exchange Fund under the Exchange Fund Ordinance (Cap. 66); Rate (息率) means—(a)in the case of the election date being a business day, the yield of the Notes at the election date as quoted by the Monetary Authority for publication by the Information Services Department;(b)in the case of the election date not being a business day, the average of—(i)the yield of the Notes at the date of the last business day before the election date as quoted by the Monetary Authority for publication by the Information Services Department; and(ii)the yield of the Notes at the date of the next business day following the election date as quoted by the Monetary Authority for publication by the Information Services Department.For the purpose of subsection (1), a day is a business day if the yield of the Notes at the date of that day is quoted by the Monetary Authority for publication by the Information Services Department.
3. Reckoning of capital value of life interest
Where an election is exercised in accordance with paragraph 5 of Schedule 1 to the Ordinance, the capital value of the life interest of the surviving party to a union of concubinage shall be reckoned in the manner prescribed in this Notice, which manner is approved by the Chief Justice.
There shall be ascertained the Rate; and the column which corresponds to that Rate in whichever of the Tables set out in the Schedule is applicable to the sex of the surviving party to a union of concubinage shall be the appropriate column for the purposes of subsection (3).
The capital value for the purposes of subsection (1) is the product of the part of the residuary estate (whether or not yielding income) in respect of which the election is exercised and the multiplier shown in the appropriate column opposite the age which the surviving party to a union of concubinage has attained at the election date.
Schedule
[s. 3]
| Table 1 : | Multiplier to be applied to the residuary estate in respect of which the election is exercised to obtain the capital value of the life interest of a surviving male partner of a union of concubinage, when the Rate is at the rate shown |
| Age last birth- day of male partner | less than 3.5% | 3.5% or bet- ween 3.5% & 4.5% | 4.5% or bet- ween 4.5% & 5.5% | 5.5% or bet- ween 5.5% & 6.5% | 6.5% or bet- ween 6.5% & 7.5% | 7.5% or bet- ween 7.5% & 8.5% | 8.5% or bet- ween 8.5% & 9.5% | 9.5% or bet- ween 9.5% & 10.5% | 10.5% or bet- ween 10.5% & 11.5% | 11.5% or bet- ween 11.5% & 12.5% | 12.5% or bet- ween 12.5% & 13.5% | 13.5% or bet- ween 13.5% & 14.5% | 14.5% or bet- ween 14.5% & 15.5% | 15.5% or bet- ween 15.5% & 16.5% | 16.5% or bet- ween 16.5% & 17.5% | 17.5% or bet- ween 17.5% & 18.5% | 18.5% or bet- ween 18.5% & 19.5% | 19.5% or bet- ween 19.5% & 20.5% | 20.5% or more |
| Table 2 : | Multiplier to be applied to the residuary estate in respect of which the election is exercised to obtain the capital value of the life interest of a surviving tsip of a union of concubinage, when the Rate is at the rate shown |
| Age last birth- day of tsip | less than 3.5% | 3.5% or bet- ween 3.5% & 4.5% | 4.5% or bet- ween 4.5% & 5.5% | 5.5% or bet- ween 5.5% & 6.5% | 6.5% or bet- ween 6.5% & 7.5% | 7.5% or bet- ween 7.5% & 8.5% | 8.5% or bet- ween 8.5% & 9.5% | 9.5% or bet- ween 9.5% & 10.5% | 10.5% or bet- ween 10.5% & 11.5% | 11.5% or bet- ween 11.5% & 12.5% | 12.5% or bet- ween 12.5% & 13.5% | 13.5% or bet- ween 13.5% & 14.5% | 14.5% or bet- ween 14.5% & 15.5% | 15.5% or bet- ween 15.5% & 16.5% | 16.5% or bet- ween 16.5% & 17.5% | 17.5% or bet- ween 17.5% & 18.5% | 18.5% or bet- ween 18.5% & 19.5% | 19.5% or bet- ween 19.5% & 20.5% | 20.5% or more |