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Plan for the Best

Writer: Peter K F Cheung SBSPeter K F Cheung SBS
  1. FADE IN.


  2. Act 1


  3. INT. BEDROOM - MORNING

  4. Having just done his morning exercises, PETER researches with his phone.


  5. PETER (V.O.): I've already made reservations for my two jabs. One after staycations with my wife next week, and another in July.


  6. Pausing.


  7. PETER (V.O.) (Cont'd): My family doctor told me that the risk I'll be assuming should be no more than the medicine he has been prescribing to me.


  8. Pausing.


  9. PETER (V.O.): I've told my doctor that I'd heed his advice but I'd make a will before taking the jabs.


  10. Pausing.


  11. PETER (V.O.) (Cont'd): I've only days left to do that. And I don't want to trouble anybody or pay any money for making it.


  12. Pausing.


  13. PETER (V.O.) (Cont'd): I believe I can do it myself, authentically.


  14. Act 2


  15. INT. BEDROOM - CONTINUOUS


  16. FLASHBACK


  17. INT. LAW SCHOOL, HKU - 1984


  18. Peter (30) was attending PROFESSOR WILLOUGHBY's lecture on Revenue law.


  19. PETER (V.O.): He's lecturing on Hong Kong's estate duty. He's the authority.


  20. Pausing.

  21. PETER (V.O.) (Cont'd): I love to attend his lecture. He was my LLB dissertation supervisor and gave me high marks.

  22. PROFESSOR WILLOUGHBY: In Hong Kong, a will written in English has to be witnessed.


  23. Pausing.


  24. PROFESSOR WILLOUGHBY (Cont'd): But any will of a Chinese testator written wholly or substantially in Chinese doesn't have to be witnessed.


  25. Pausing.


  26. PROFESSOR WILLOUGHBY (Cont'd): Chinese are superstitious. They don't want to talk about death with others.


  27. Pausing.


  28. PROFESSOR WILLOUGHBY (Cont'd): But law's formality shouldn't negate their testamentary freedom.


  29. Pausing.


  30. PETER (V.O.): That should be the legal policy. When I want to make a will, I'll do one in Chinese, dispensing with the formality inconvenience.


  31. END FLASHBACK


  32. PETER (V.O.): When I joined Hong Kong's Law Reform Commission secretariat in 1987, some of my colleagues were already working on Laws of Wills, Intestate Succession and Provision for Deceased Persons' Families and Dependants.


  33. Peter continues his research.


  34. PETER (V.O.) (Cont'd): The general information all say that a will has to be in writing and the testator's signature has to be witnessed by at least 2 witnesses.


  35. Reading.


  36. PETER (V.O.) (Cont'd): And there's no mention of any privilege to wills made by Chinese in Chinese.


  37. Reading.


  38. PETER (V.O.) (Cont'd): And solicitors offer bargain prices for creating wills.


  39. Pausing.


  40. PETER (V.O.) (Cont'd): Let me check the present legislative provision.


  41. Reading.


  42. PETER (V.O.) (Cont'd): The general information is all based on section 5(1) of the Wills Ord, Cap 30.


  43. Reading.


  44. PETER (V.O.) (Cont'd): Section 5(2) provides that: A document purporting to embody the testamentary intentions of a deceased person, shall, notwithstanding that it has not been executed in accordance with the requirements under subsection (1), be deemed to be duly executed if, upon application, the court is satisfied that there can be no reasonable doubt that the document embodies the testamentary intentions of the deceased person.


  45. Pausing.


  46. PETER (V.O.) (Cont'd): I know the Wills Ord is meant to implement the recommendations of the Law Reform Commission. Let me find out the rationale.


  47. Reading.


  48. PETER (V.O.) (Cont'd): The new law has balanced testamentary freedom with authenticity, doing away the race distinction at the same time.


  49. Pausing.

  50. PETER (V.O.) (Cont'd): Yes, those are necessary and sufficient conditions, not the formality in section 5(1).


  51. Reading.


  52. PETER (V.O.) (Cont'd): The Law Reform Commission Report (Topic 15) was published in May 1990.


  53. Reflecting.


  54. PETER (V.O.) (Cont'd): The one I had a hand at the Sub-committee stage was the Law Relating to Copyright (Topic 19). After the publication of the Report in Jan 1994, I helped implement it via the Copyright Ord and Registered Designs Ord in June 1997.


  55. Pausing.


  56. PETER (V.O.) (Cont'd): Together with the Patents Ord, they're just in time to prevent a legal laguna in intellectual property.


  57. Act 3


  58. EXT. PETER'S NT HOME - AFTERNOON


  59. Peter goes to its backyard. We see a red swimming hat on the ground and a red swimming brief is still on the stem of the small papaya tree.


  60. PETER (V.O.): As expected, my gardener hasn't touched my laundry. My hope that my laundry don't impact on the papaya buds has also come true.

  61. INT. BEDROOM - NIGHT


  62. PETER (V.O.):I prepare for the worst and so I'd make my will. This is how I can plan for the best and expect realistically.


  63. Pausing.


  64. PETER (V.O.) (Cont'd): I just want to be unsurprised by anything in between.


  65. FADE OUT.


  66. THE END



 
 
 

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