CHINESE MARRIAGE PRESERVATION ORDINANCE, 1912

CHINESE MARRIAGE PRESERVATION ORDINANCE, 1912

No. 41, of 1912, repealed by Law Revision
Ordinance, 1939.

No. 42 of 1912.

An Ordinance to provide a remedy against certain persons
who commit adultery with or harbour Chinese married
women.
[20th December, 1912.]

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

2. In this Ordinance-

(i) 'Chinese married woman' means a woman married
according to the laws or customs of China, and includes only
the first wife (kit fat) or the second wife (tin fong) of any Chinese
man ;

(2) a person who receives or harbours a Chinese married
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 her without reasonable
excuse.

3.-(1) If it is proved to the satisfaction of a magistrate that
any Chinese person has committed adultery with a Chinese
married woman, the magistrate may order such person to pay
to the husband of the woman compensation not exceeding five
hundred dollars.

(2) If it is proved to the satisfaction of a magistrate that
any person has without reasonable excuse received or harboured
a Chinese married woman who has left the protection of her
husband, the magistrate may order such person to pay to the
husband of the woman compensation not exceeding two hundred
dollars.

The provisions of this Ordinance, which are set out in full in the Schedule
to, and re-enacted by, the Law Revision Ordinance, 1939, have been
rearranged and certain provisions omitted.





4. Compensation payable under this Ordinance may be
recovered on complaint made by the husband of a Chinese
married woman in all respects in the same manner as a civil
debt is recoverable under the Magistrates Ordinance, 1932.

5. The making of an order for compensation under this
Ordinance shall be a bar to any further or other proceedings for
damages for adultery at the suit of the person in whose favour
the order is made.

6. It shall be sufficient defence to any proceedings under
section 3 if it is proved to the satisfaction of the magistrate that
the defendant had reasonable cause, other than from information
supplied by the woman with whom it is alleged that the defendant
has committed adultery, or whom he is alleged to have received
or harboured, to believe that such woman was a spinster or a
widow.

No. 43 of 1912, incoTporated generally.

1913.
No. 1 of 1913, incoporated in No. 1 of 1845,
repealed by No. 40 Of 1932.

No. 2 of 1913, repealed by No. 4 of 1914.
No. 3 of 1913, incorporated in No. 3 Of 1890,
repealed by No. 41 Of 1932.

No. 4 of 1913, in corporated in No. 65 of 1911

No. 5 of 1913, incorporated in No. 9 of 1897.

No. 6 of 1913, repealed by No. 2 of 1917.
[Originally No. 42 of 1912. Law Rev. Ord., 1939.] Short title. Interpretation. Power to award compensation to husband for adultery with or harbouring Chinese married woman. Compensation recoverable summarily on complaint of husband. Ordinance No. 41 of 1932. Order for compensation a bar to action for damages for adulter. Defence.

[Originally No. 42 of 1912. Law Rev. Ord., 1939.] Short title. Interpretation. Power to award compensation to husband for adultery with or harbouring Chinese married woman. Compensation recoverable summarily on complaint of husband. Ordinance No. 41 of 1932. Order for compensation a bar to action for damages for adulter. Defence.

https://oelawhk.lib.hku.hk/items/show/1526

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