Cap. 22activeordinance

Fatal Accidents Ordinance

致命意外條例

Full legislation

s.2

Interpretation

(1)
In this Ordinance, unless the context otherwise
requires—
adopted
(
領養
) means adopted in pursuance of an
                adoption order made under the Adoption Ordinance (
Cap.
                    290
) or of any adoption recognized as valid by the law of Hong Kong;
dependant
(
受養人
), in relation to a deceased person,
means—
(a)
the wife, husband, former wife or former husband of the deceased and
                        any person whose marriage to the deceased has been annulled or declared
                        void;
(b)
a concubine lawfully taken by the deceased before 7 October
                        1971;
(c)
any person
who—
(i)
was living with the deceased in the same household immediately
                            before the date of his death; and
(ii)
had been living with the deceased in the same household for at
                            least 2 years before that date,
as the husband or wife of the deceased;
(d)
any parent or other ascendant of the deceased;
(e)
any person (not being a parent of the deceased) who, during any
                        marriage to which that person was a party, treated the deceased as a son or
                        daughter of the family in relation to that marriage;
(f)
any child or other descendant of the deceased;
(g)
any person (not being a child of the deceased) who, during any marriage
                        to which the deceased was at any time a party, was treated by the deceased
                        as a son or daughter of the family in relation to that marriage;
(h)
any person who is, or is the issue of, a brother, sister, uncle or aunt
                        of the deceased;
(i)
any person who is, or is the issue of, a brother or sister of a
                        grandparent of the deceased;
(j)
any godchild or godparent of the deceased according to Chinese
                        custom;
wife
(
妻
、
妻子
)
means—
(a)
in the case of a Christian marriage or its civil equivalent, the lawful
                        wife; and
(b)
in the case of any other lawful
marriage—
(i)
the lawful wife of such marriage; or
(ii)
if there is more than one lawful wife, the lawful principal wife
                            recognized as such by the personal law of the husband of such marriage,
                            or if there is no lawful principal wife, the lawful wives so
                            recognized.
(2)
In deducing any relationship for the purposes of this
Ordinance—
(a)
an adopted person shall be treated as the child of the person or persons by
                    whom he was adopted and not as the child of any other person; and, subject
                    thereto;
(b)
any relationship by affinity shall be treated as relationship by
                    consanguinity, any relationship of the half-blood as a relationship of the whole
                    blood, and the stepchild of any person as his child; and
(c)
an illegitimate person shall be treated as the legitimate child of his
                    mother and reputed father.