MARRIED WOMEN (DESERTION) ORDINANCE, 1905

MARRIED WOMEN (DESERTION) ORDINANCE, 1905

No. 5 of 1905, incorporated in No. 10 of 1899.
No. 6 of 1905, incorporated in No. 4 of 1897.
No. 7 of 1905, incorporated in No. 1 of 1845.
No. 8 of 1905, repeated by No. 8 of 1912.
No. 9 of 1905, repeated by No. 34 of 1910.

No. 10 of 1905.

An Ordinance relating to the maintenance of married

women deserted by their husbands.

[6th October, 1905.]

1. This Ordinance may be cited as the Married Women
(Desertion) Ordinance, 1905.

2. In this Ordinance, married woman includes the first
wife (kit fat) or second wife (tin fong) of any Chinese man
married to him in accordance with the laws or customs of
China, and any woman married to a man of Asiatic race (not
being Chinese) in accordance with the rites and cererrionies
of his religion.


3. Every married woman whose husband shall have
deserted her, or whose husband shall have been guilty of
persistent cruelty to her, or of wilful neglect to provide
reasonable maintenance for her or for her infant children
whom he is legally liable to maintain, and shall by such
cruelty or neglect have edused her to leave and live separately
and apart from him, may apply to a magistrate for an order
under this Ordinance.

4. The magistrate may make an order containing all or
any of the provisions following:-

(a) that the applicant be no longer bound to cohabit with
her husband (which provision while in force shall have the
effect of a decree of judicial separation on the ground of
cruelty under the law of England);

As amended by Law Rev. Ord., 1924.
As amended by Law Rev. Ord., 1924. For evidence of parties in proceedings
under this Ordinance see No. 14 of 1906, s. 5.
As amended by No. 9 of 1921.





(b) that the legal custody of any children of the marriage
between the applicant and her husband, while under the age
of sixteen, be committed to the applicant;

(c) that the husband shall pay to the applicant personally,
or to some person on her behalf, for her use, such weekly
sum as the magistrate shall, having regard to the means both
of the husband and wife, consider reasonable;

(d) that the costs of the application be paid by the
applicant or by the husband or by both.

5. No order shall be made under this Ordinance if it be
proved that the applicant has committed an act of adultery,
provided that the husband has not condoned or connived at,
or by his wilful neglect or misconduct conduced to, the act
of adultery.

6. A magistrate may on the application of the married
woman or her husband, and upon cause being shown on fresh
evidence, alter, vary, or discharge any order made under this
Ordinance, and may from time to time diminish the amount
of any weekly payment ordered to be made, or increase such
amount: Provided always that if any married -woman upon
whose application an order shall have been made under this
Ordinance shall voluntarily resume cohabitation with her
husband or shall commit an act of adultery, such order shall
upon proof thereof be discharged.

7. All applications under this Ordinance shall be made
and be dealt with and all orders be enforced and all appeals
be made in accordance with the Magistrates Ordinance, 1890.

8. This Ordinance shall not be deemed to be restricted to
persons of Chinese or other Asiatic race.

No. 11 of 1905, repeated by No. 8 of 1913.

No. 12 of 1905, repeated by No. 8 of 1913.

As amended by No. 9 of 1921.
As amended by No. 9 of 1921 and Law Rev., Ord., 1924.
+No. 11 of 1905 was repealed by No. 8 of 1913 in so far its it had not, been acted
upon before April 18th, 1913, but the repeal does not affixt the rights of persons
holding stock under the Ordinance. See No. 8 of 1913, s. 5.
[Originally No.10 of 1905. No. 9 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. Power of magistrate to make order for maintenance. What orders may be made. Limitation as to orders. Power to vary or discharge order. Procedure. Ordinance No. 3 of 1890. Construction of Ordinance.

[Originally No.10 of 1905. No. 9 of 1921. Law Rev. Ord., 1924.] Short title. Interpretation. Power of magistrate to make order for maintenance. What orders may be made. Limitation as to orders. Power to vary or discharge order. Procedure. Ordinance No. 3 of 1890. Construction of Ordinance.

https://oelawhk.lib.hku.hk/items/show/1221

1923

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No. 10 of 1905

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