CHINESE MARRIAGE PRESERVATION ORDINANCE
Title
CHINESE MARRIAGE PRESERVATION ORDINANCE
Description
CHAPTER 178.
CHINESE MARRIAGE PRESERVATION.
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.
2. (1) In this Ordinance-
'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 magis-
trate 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.
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 udder the Magistrates Ordin-
ance.
5. The making of an order for compensation under
this Ordinance shall be a bar to any further or other pro-
ceedings 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.
Originally 42 of 1912. Fraser 42 of 1912. Short title. Interpretation. Power of award compensation to husband for adultery with or harbouring Chinese married woman. Compensation recoverable summarily by husband. (Cap. 227). Order for compensation a bar to action for damages for adultery. Defence.
Abstract
Originally 42 of 1912. Fraser 42 of 1912. Short title. Interpretation. Power of award compensation to husband for adultery with or harbouring Chinese married woman. Compensation recoverable summarily by husband. (Cap. 227). Order for compensation a bar to action for damages for adultery. Defence.
Identifier
https://oelawhk.lib.hku.hk/items/show/1990
Edition
1950
Volume
v4
Subsequent Cap No.
178
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CHINESE MARRIAGE PRESERVATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed March 5, 2025, https://oelawhk.lib.hku.hk/items/show/1990.