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STATUTE ON CROSS-STRAITS RELATIONS DOES NOT APPLY TO HK RESIDENTS' INHERITANCE OF PROPERTY IN TAIWAN


Josephine Peng

A ruling recently issued by the MOF states that in the Statute Governing Relations with Hong Kong and Macao, "Hong Kong resident" means a permanent resident in Hong Kong who does not hold a travel document other than a British National (Overseas) passport or a Hong Kong passport. When a Hong Kong resident so de-fined inherits property from a Taiwan resident, the provisions concerning inheritance of the Law Governing the Application of Laws to Civil Matters Involving Foreign Elements should ap-ply by analogy, and not those of the Statute Governing Relations Between the People of the Taiwan Area and the Mainland Area.
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