CHINESE MARRIAGE PRESERVATION ORDINANCE, 1912

CHINESE MARRIAGE PRESERVATION ORDINANCE, 1912

No. 42 of 1912.

An Ordinance to provide punishment for certain persons
found guilty of adultery or of harbouring Chinese
married women.

[20th December, 1912.]

1. This Ordinance may be cited as the Chinese Marriage
Preservation Ordinance, 1912.

2. In this Ordinance, women married according to the
laws or customs of China means and includes only the first
wife (kit fat) or the second wife (tin fong) of any Chinese
man.

3.-(1) Every Chinese person who ommits adultey with
any Chinese woman married according to the laws or customs
of China, shall be guilty of an offence and shall upon sum-
mary conviction be liable to a fine not exceeding five hundred
dolalrs and in default o fpayment thereof tow imprisonment
for any term not exceeding six months.

(2) Every Chinese woman married acording to the laws
or customs of China who voluntarily commits adultery with
any Chinese person shall be guilty of an offence and shall

* As amended by Law Rev. Ord., 1924.



upon summary conviction be liable to a fine not exceeding
five hundred dollars and in default of payment thereof to
imprisonment for any term not exceeding six months.

(3) 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. Every person who without reasonable excuse receives
or harbours any Chinese woman married according to the
laws or customs of of China who has left the protection of her
husband shall be guilty of an offence and shall upon summary
conviction be liable to a fine not exceeding on hundred dollars
or in default of payment therefore to imprisonment for
any term not exceeding three months.

5.-(1) The magistrate in addition to the penalty provided
under the provisions of this Ordinance may order any person
convicted of an offence against the provisions of section 3(1)
or of section 4 to pay to the husband of any woman with
whom such convicted peson shall have committed adultery,
or whom such convicted person shall have received or har-
boured, compensation which-

(a) in the case of an offence under section 3(1) shall not
exceed the sum of five hundred dollars.

(b) in the case of an offence under section 4 shall not
exceed the sum of two hundred dollars.

(2) In deault of payment of the whole or any part of the
said compensation, it shall be lawful for the magistrate to
issue a warrant of distress on the goods and chattels of the
persons convicted and to appoint any fit person or persons to
execute the same.

(3) Any goods or chattels seized uner any such warrant
of distress may be sold by the person executing the same for
the purpose of paying the said compensation and the costs of
the execution and sale.

(4) Where a claim shall be made to ro in respect of prop-
erty, taken in execution under the provisions of this section,
by any person other than than the party against whom such
execution shall have issued, such claim shall be heard and

* As amended by Law Rev. Ord., 1924.



























determined by the magistrate upon a summons calling before
him such claimant as well as the party on whose behalf such
execution issued and the decision of the magistrate upon
such claim shall be fina.

6. The receipt, by the person in whose favour any order
for compensation is made under theof this Ordi-
nance 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 com-
ponsation has been paid at the suit of the person to whom
such compensation has been paid.

7, It shall be sufficient defence to any charge made under
the provisions of seclon 3 (1) or of section 4 if it shall be
proved to the satisfaction of the magistrate that the person so
charged had reasonable cause, other than from information
supplied by the womaan with whom such person is charged
with having committed adultery or whom such person is
charged with receiving or harbouring, to believe tht such
woman was a spinster or to belive that she was a widow.

8. A person who receives or harbours a Chinese woman
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.

* As amended by Law Rev. Ord., 1924.
[Originally No. 42 of 1912. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty for adultery with Chinese married woman. Penalty for adultery by Chinese married woman. Husband only to have power to institute proceeding. Penalty for harbouring 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 commpensation a bar to action for damages for adultery. Defence. To charge. Reasonable excuse defined.

[Originally No. 42 of 1912. Law Rev. Ord., 1924.] Short title. Interpretation. Penalty for adultery with Chinese married woman. Penalty for adultery by Chinese married woman. Husband only to have power to institute proceeding. Penalty for harbouring 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 commpensation a bar to action for damages for adultery. Defence. To charge. Reasonable excuse defined.

https://oelawhk.lib.hku.hk/items/show/1273

1923

v4

178

No. 42 of 1912

3