CHINESE MARRIAGE PRESERVATION ORDINANCE, 1912

CHINESE MARRIAGE PRESERVATION ORDINANCE, 1912

No. 42 of 1912.
To provide punishment for certain persons found guilty of adultery
or of harbouring Chinese Married Women.

[20th December, 1912.]

1. The Chinese Marriage Preservation Ordinance, 1912.

2. In this Ordinance :-

'Woman being married according to the laws and customs of
China' means and includes only the first wife (' Kit Fat -) or the
second wife (Tin Fong) of any Chinese man.

3.-(a) Any Chinese person who shall have committed adultery
with ally Chinese woman, such woman being married according to
the laws or customs of China, shall be guilty of an offence and shall
be liable upon summary conviction to a fine not exceeding 500
dollars and in default of payment thereof to imprisonment for any
period not exceeding 6 months.

(b) Any Chinese woman married according to the laws or customs
of China who voluntarily commits adultery with any Chinese person
shall be guilty of an offence and shall be liable upon summary con-
viction to a fine not exceeding 500 dollars and in default of payment
thereof to imprisonment for any period not exceeding 6 months.

(c) No proceedings shall be capable of being instituted under the
provisions of this section except at the instance of the husband of
the woman who has committed adultery.

4. Any person who without reasonable excuse shall receive or
harbour any Chinese woman married according to the laws or
customs of China who has left the protection of her husband shall
be guilty of an offenee and shall be liable an summary conviction
to a fine not exceeding 100 dollars or in default of payment thereof to
imprisonment for any period not exceeding 3 months.


as amended by no. 43 of 1912 supp sched.





5.(a) the magistrate in addition to the penalty provided under
the provisions of this ordinance may order any person convicted of
an offence against the provision of section 3 sub-section (a) or of
section 4 of this ordinance to pay to the husband of any woman
with thom such convicted person shall have committed adultery
or whom such convicted person shall have received or harboured
compensation which :-

(1) in the case of an offence under sub-section (a) of section 3 of
this ordinance shall not exceed the sum of 500 dollars.

(2) in the case of an offence under section 4 of this ordinance
shall not exceed the sum of 200 dollars.

(b) in default of payment of the whole or any part of the said
compensation it shall be lawful for the magistrate to issue a warrant
of distree on the goods and chattels of the person convicted and to
appoint any fit person or persons to execute the same.

(c) any goods or chattels seized under any such warrant of dis-
tress may be sold byu the person executing the same for the purpose
of paying the said compensation and the costs of the execution and
sale.

(d) where a claim shall be made to or in respect of property,
taken in execution under the provisions of this section, by any
person other than othe party against whom such execution shall have
issued, such claim shall be heard and determined by the magistrate
upon a summons calling before him such claimant as well as the
party on whose behalf such execution issued and teh decision of the
magistrate upon such claim shall be final.

6. the receipt by the person in whose favour any order for com-
pensation is made under the provisions of this ordinance of such
compensation shall be a bar to the institution or continuance of any
further or other proceedings for damages for adultery against the
person by whom such compensation has been paid at the suit of the
person by whom such compensation has been paid.

7. it shall be sufficient defence to any charge made under the
provisions of section 3 sub-section (a) or of section 4 of this ordi-
nance if ti shall be proved to the satisfaction of the magistrate that
teh person so charged had reasonable cause, other than from in-
formation supplied by the woman with whom such person is charged.






with having counnitted adultery or whom such person is charged
with receiving or harbouring to believe that such woman was a
spinster or to believe that she- was a widow.

8. A person who receives or harbours a Chinese moman who has
left her husband because of his cruelty to her or because of his
failure. properly to maintain her shall not be deemed to have received
or harboured such married woman without reasonable excuse.

[s. 9, rep, no. 43 of 1912 Supp. Sched.]

No. 43 of 1912, incorporated generally.
Short title. Definition. Penalty for adultery with Chinese married woman. Penalty for adultery by Chinese married woman. Husband, only, to have power to institute proceedings. Penalty for harboring Chinese married woman without reasonable excuse. Powers as to award of compensation to injured husband. Procedure on default of payment. Sale of property seized. Claims in respect of property seized. Receipt of compensation a bar to action for damages for adultery. Defence to charge. Reasonable excuse defined.

Short title. Definition. Penalty for adultery with Chinese married woman. Penalty for adultery by Chinese married woman. Husband, only, to have power to institute proceedings. Penalty for harboring Chinese married woman without reasonable excuse. Powers as to award of compensation to injured husband. Procedure on default of payment. Sale of property seized. Claims in respect of property seized. Receipt of compensation a bar to action for damages for adultery. Defence to charge. Reasonable excuse defined.

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