||Title:||LAW AMENDMENT AND REFORM (CONSOLIDATION) ORDINANCE||Gazette Number:|
|Section:||25B||Heading:||Power to modify the rule||Version Date:||30/06/1997|
(1) Where a court determines that the forfeiture rule has precluded a person (in this section referred to as "the offender") who has unlawfully killed another from acquiring any interest in property mentioned in subsection (4), subject to section 25D, the court may make an order modifying the effect of that rule.
(2) The court shall not make an order under subsection (1) unless it is satisfied that, having regard to the conduct of the offender and of the deceased concerned and to such other circumstances (if any) as appear to the court to be material, the justice of the particular case requires the effect of the rule to be modified in that case.
(3) In any case where a person stands convicted of an offence of which unlawful killing is an element, the court shall not make an order under subsection (1) modifying the effect of the forfeiture rule in that case unless proceedings for the purpose are brought before the expiry of the period of 90 days beginning on-
(4) The interests in property referred to in subsection (1) are-
(a) in case an appeal is taken as regards the conviction, the day on which the appeal is determined or withdrawn; or
(b) in any other case, the day on which the period during which such an appeal may be taken expires.
(5) An order under subsection (1) may modify the effect of the forfeiture rule in respect of any interest in property to which the order relates and may do so in either or both of the following ways, that is-
(a) any beneficial interest in property which (apart from the forfeiture rule) the offender would have acquired-
(i) under the relevant deceased's will or the law relating to intestacy;
(b) any beneficial interest in property which (apart from the forfeiture rule) the offender would have acquired in consequence of the death of such deceased, being property which, before the death, was held on trust for any person.
(ii) on the nomination of that deceased or on the failure of that deceased to make a nomination;
(iii) as a donatio mortis causa made by that deceased; or
(6) On the making of an order under subsection (1), the forfeiture rule shall have effect for all purposes (including purposes relating to anything done before the order was made) subject to the modifications made by the order.
(a) where there is more than one such interest, by excluding the application of the rule in respect of any (but not all) of those interests; and
(b) in the case of any such interest in property, by excluding the application of the rule in respect of part of the property.
(7) A court shall not make an order under subsection (1) modifying the effect of the forfeiture rule in respect of any interest in property which, in consequence of the rule, has been acquired before the coming into force of this section by a person other than the offender or a person claiming through him.
(8) In this section-
"property" (財產) includes any chose in action or incorporeal movable property;
"will" (遺囑) includes a codicil.
[cf. 1982 c. 34 s. 1 U.K.]