MARRIED PERSONS STATUS ORDINANCE

MARRIED PERSONS STATUS ORDINANCE

LAWS OF HONG KONG

MARRIED PERSONS STATUS ORDINANCE

CHAPTER 182





CHAPTER 182

MARRIED PERSONS STATUS ORDINANCE

ARRANGEMENT OF SECTIONS

Section..................................... Page

1...........Short title ................... ... ... ... ... ... ... ... ... ... 2
2...........Application ................... ... ... ... ... ... ... ... ... ... 2

3. Capacity of married women ... ... ... ... ... ... ... ... ... ... 2
4. Property of married women ... ... ... ... ... ... ... ... ... ... 2

5...........................Actions in tort between husband and wife ... ... ... ... ... ... 3

6. Questions between husband and wife as to property to be decided in a
summary way ............................ ... ... ... ... ... ... 3
7. Extension of section 6 ................. ... ... ... ... ... ... ... ... 4

8. Further extension of sections 6 and 7 ..... ... ... ... ... ... ... 5

9. Contributions by spouse in money or money's worth to the improvement of
property ............................. ... ... ... ... ... ... ... 5

10. Abolition of husband's liability for wife's torts, contracts, debts and
obligations ............................. ... ... ... ... ... ... ... 6

11........................Abolition of wife's agency of necessity ... ... ... ... ... ... ... 6

12.................Gift in fraud of creditors ... ... ... ... ... ... ... ... ... ... 6

13..........................Insurance for benefit of spouse or children ... ... ... ... ... ... 6

14.................Will of married woman ..... ... ... ... ... ... ... ... ... ... 7
15.................Receipts by married infants ... ... ... ... ... ... ... ... ... ... 7

16........................Power of attorney of married woman ... ... ... ... ... ... ... 7

17. Savings............................ ... ... ... ... ... ... ... ... ... 7





CHAPTER 182

MARRIED PERSONS STATUS

To consolidate the law relating to the status of married persons.

[7th October, 1971.1

1. This Ordinance may be cited as the Married Persons Status
Ordinance.

2. (1) Save where otherwise appears, this Ordinance applies to
persons who are parties to a marriage, whether married before or after
the commencement of this Ordinance.

(2) In subsection (1), 'marriage' means-

(a)a marriage celebrated or contracted in accordance with the
provisions of the Marriage Ordinance;

(b)a modern marriage validated by the Marriage Reform
Ordinance;

(c)a customary marriage declared to be valid by the Marriage
Reform Ordinance; or

(d)a marriage celebrated or contracted outside Hon. Kong in
accordance with the law in force at the time and in the place
where the marriage was performed.

3. (1) Subject to this Ordinance, a married woman shall-

(a)be capable of acquiring, holding and disposing of, any
property;

(b)be capable of rendering herself, and being rendered, liable in
respect of any tort, contract, debt or obligation;

(c)be capable of suing and being sued, either in tort or in contract
or otherwise; and

(d)be subject to the law relating to bankruptcy and to the
enforcement of judgements and orders,

in all respects as if she were unmarried.

(2) A married woman may act as a trustee or personal
representative in all respects as if she were unmarried.

4. (1) Subject to this Ordinance, all property which-

(a)immediately before the 20th day of March 1936 was the
separate property of a married woman or held for her separate
use in equity; or

(b)belonged or belongs at the time of her marriage to a woman
married after that date; or

(c)after that date has been or is acquired by or devolved or
devolves upon a married woman,





shall belong to her in all respects as if she were unmarried and may
be disposed of accordingly.

(2) No restriction upon anticipation or alienation attached,
whether before or after the commencement of this Ordinance, to
the enjoyment of any property by a woman which could not have
been attached to the enjoyment of that property by a man shall be
of any effect.

5. (1) Subject to this section, each of the parties to a marriage
shall have the like right of action in tort against the other as if they
were unmarried.

(2) Where an action in tort is brought by one of the parties
to a marriage against the other during the subsistence of the marriage,
the court may stay the action if it appears-
(a)that no substantial benefit would accrue to either party
from the continuation of the proceedings; or
(b)that the question or questions in issue could more con-
veniently be disposed of on an application made under
section 6.

(3) Without prejudice to subsection (2)(b), the court may, in
such an action, either exercise any power which could be exercised
on an application under section 6 or give such directions as it thinks
fit for the disposal under that section of any question arising in the
proceedings.

(4) The references in subsection (1) to the parties to a marriage
include references to the persons who were parties to a marriage
which has been dissolved.

(5) This section does not apply to any cause of action which
arose, or would but for the subsistence of a marriage have arisen,
before the commencement of this Ordinance.

6. (1) In any question between husband and wife as to the
title to or possession of property the husband or the wife may apply
by summons or otherwise in a summary way to a judge to determine
the question.

(2) On any such application the judge may make such order
with respect to the property in dispute and as to the costs of and
consequent on the application as he thinks fit, or may direct such
application to stand over and any inquiry touching the matters in
question to be made in such manner as he thinks fit.

(3) An order made under subsection (2) shall be subject to
appeal in the same way as an order made by the judge in an action
in the Supreme Court would be.

(4) If either party so requests, the judge may hear the applica-
tion in private.





7. (1) Any right of a wife, under section 6, to apply to a
judge, in any question between husband and wife as to the title
to or possession of property, shall include the right to make such
an application where it is claimed by the wife that her husband
has had in his possession or under his control-

(a)money to which, or to a share of which, she was bene-
ficially entitled (whether by reason that it represented the
proceeds of property to which, or to an interest in which,
she was beneficially entitled, or for any other reason); or

(b)property (other than money) to which, or to an interest
in which, she was beneficially entitled,

and that either that money or other property has ceased to be in
his possession or under his control or that she does not know
whether it is still in his possession or under his control.

(2) Where, on an application made to ajudge under section 6,
as extended by subsection (1), the judge is satisfied-

(a)that the husband has had in his possession or under his
control money or other property as mentioned in subsection
(1)(a) or (b); and

(b)that he has not made to the wife, in respect of that money
or other property, such payment or disposition as would
have been appropriate in the circumstances,

the power to make orders under that section shall be extended in
accordance with subsection (3).

(3) Where subsection (2) applies, the power to make orders
under section 6 shall include power for the judge to order the
husband to pay to the wife-

(a)in a case falling within subsection (1)(a), such sum in respect
of the money to which the application relates, or the wife's
share thereof, as the case may be; or

(b)in a case failing within subsection (1)(b), such sum in respect
of the value of the property to which the application relates,
or the wife's interest therein, as the case may be,

as the judge may consider appropriate.

(4) Where on an application under section 6, as extended by
this section, it appears to the judge that there is any property
which-

(a)represents the whole or part of the money or property
in question; and

(b)is property in respect of which an order could have been
made under that section if an application had been made
by the wife thereunder in a question as to the title to or
possession of that property,





the judge (either in substitution for or in addition to the making of an
order in accordance with subsection (3) ) may make any order under that
section in respect of that property which he could have made on such an
application as is mentioned in paragraph (b).

(5) Subsections (1), (2), (3) and (4) shall have effect in relation to a
husband as they have effect in relation to a wife, as if any reference to
the husband were a reference to the wife and any reference to the wife
were a reference to the husband.

(6) Any power of a judge under section 6 to direct inquiries or give
any other directions in relation to an application under that section shall
be exercisable in relation to an application made under that section, as
extended by this section; and subsections (3) and (4) of that section
shall apply in relation to any order made under section 6, as extended by
this section, as they apply in relation to an order made under that
section apart from this section.

(7) For the avoidance of doubt it is hereby declared that any power
conferred by section 6 to make orders with respect to any property
includes power to order a sale of the property.

(8) In this section 'disposition' does not include any provision
contained in a will, but, with that exception, includes any conveyance,
assurance or gift of property of any description, whether made by an
instrument or otherwise.

8. An application may be made under section 6 (including that
section as extended by section 7) by either of the parties to a marriage
notwithstanding that their marriage has been dissolved or annulled so
long as the application is made within the period of three years
beginning with the date on which the marriage was dissolved or
annulled; and references in sections 6 and 7 to a husband or a wife shall
be construed accordingly.

(Added, 39 of 1972, s. 33(3)

9. It is hereby declared that, where a husband or wife contributes in
money or money's worth to the improvement of real or personal property
in which or in the proceeds of sale of which either or both of them has or
have a beneficial interest, the husband or wife so contributing shall, if
the contribution is of a substantial nature and subject to any agreement
between them to the contrary express or implied, be treated as having
them acquired by virtue of his or her contribution a share or an enlarged
share, as the case may be, in that beneficial interest of such an extent as
may have been then agreed or, in default of such agreement, as may
seem in all the circumstances just to any court before which the question
of the existence or extent of the beneficial interest of the husband or wife
arises (whether in proceedings between them or in any other
proceedings).

(Added, 39 of 1972, s. 33(3)





10. Subject to this Ordinance, the husband of a woman shall not, by
reason only of his being her husband, be liable

(a)in respect of any tort committed by her whether before or after
the marriage, or in respect of any contract entered into, or debt
or obligation incurred, by her before the marriage; or

(b)to be sued or made a party to any legal proceedings brought in
respect of any such tort, contract, debt or obligation.

11. Any rule of law or equity conferring on a wife authority, as
agent of necessity of her husband, to pledge his credit or to borrow
money on his credit is hereby abrogated.

12. Nothing in this Ordinance shall be construed as validating

(a)as against creditors of the husband, any gift, by a husband to
his wife, of any property which, after such gift, continues to be
in the order or disposition or reputed ownership of the
husband or any deposit or other investment of moneys of the
husband made by or in the name of his wife in fraud of his
creditors; or

(b)as against creditors of the wife, any gift, by a wife to her
husband, of any property which, after such gift, continues to
be in the order or disposition or reputed ownership of the wife
or any deposit or other investment of moneys of the wife made
by or in the name of her husband in fraud of her creditors,

and any such money so deposited or invested may be followed as if this
Ordinance had not been passed.

13. (1) This section applies to a policy of assurance or endowment
expressed to be for the benefit of, or by its express terms purporting to
confer a benefit upon, the wife, husband or child of the insured.

(2) The policy shall create a trust in favour of the objects therein
named.

(3) The moneys payable under the policy shall not, so long as any
part of the trust remains unperformed, form part of the estate of the
insured or be subject to his or her debts.

(4) If it is proved that the policy was effected and the premiums paid
with intent to defraud the creditors of the insured, they shall be entitled
to receive, out of the moneys payable under the policy. a sum equal to
the premiums so paid.

(5) The insured may by the policy, or by any memorandum under
his or her hand. appoint a trustee or trustees of the moneys payable
under the policy, and from time to time appoint a new





trustee or new trustees thereof, and may make provision for the
appointment of a new trustee or new trustees thereof, and for the
investment of the moneys payable under any such policy.

(6) In default of any such appointment of a trustee, such policy,
immediately on its being effected, shall vest in the insured and his or her
legal personal representatives, in trust for the purposes aforesaid.

(7) The receipt of a trustee or trustees duly appointed, or in default
of any such appointment, or in default of notice to the insurer, the
receipt of the legal personal representative of the insured, shall be a
discharge to the insurer for the sum secured by the policy, or for the
value thereof, in whole or in part.

14. Section 19 of the Wills Ordinance (which provides for the cases
in which a will is to be construed as speaking from the death of the
testator) shall apply to the will of a married woman made during
coverture whether she is or is not possessed of or entitled to any
property at the time of making it, and such will shall not require to be re-
executed or republished after the death of her husband.

15. A married infant shall have power to give valid receipts for all
income (including statutory accumulations of income made during
minority) to which the infant may be entitled in like manner as if the
infant were an adult.

16. A married woman, whether an infant or not, shall have power, as
if she were unmarried and an adult, by deed, to appoint an attorney on
her behalf for the purpose of executing any deed or doing any other act
which she might herself execute or do.

17. For the avoidance of doubt it is hereby declared that nothing in
this Ordinance

(a)renders the husband of a married woman liable in respect of
any contract entered into, or debt or obligation incurred, by
her after the marriage in respect of which he would not have
been liable if this Ordinance had not been passed;

(b)exempts the husband of a married woman from liability in
respect of any contract entered into, or debt or obligation (not
being a debt or obligation arising out of the commission of a
tort) incurred, by her after the marriage in respect of which he
would have been liable if this Ordinance had not been passed;

(c)prevents a husband and wife from acquiring, holding, and
disposing of, any property jointly or as tenants in common, or
from rendering themselves, or being rendered, jointly liable in
respect of any tort, contract, debt or obligation, and of suing
and being sued either in tort or in contract or otherwise, in like
manner as if they were not married;

(d)prevents the exercise of any joint power given to a husband
and wife.
Originally 27 of 1971. 39 of 1972. Short title. Application. (Cap. 181.) (Cap. 178.) Capacity of married women. 1935 c. 30, s. 1. 1882 c. 75, s. 18. Property of married women. 1935 c. 30, s. 2. 1949 c. 78, s. 1(1) & (2). Actions in tort between husband and wife. 1862 c. 48, s. 1(1) & (20. 1962 c. 48, s. 3(3). Questions between husband and wife as to property to be decided in a summary way. 1882 c. 75, s. 17. Extension of section 6. 1958 c. 35, s. 7. 1958 c. 35, s. 8(1). Further extension of sections 6 and 7. 1970 c. 45, s. 39. Contributions by spouse in money or money's worth to the improvement or property. 1970 c. 45, s. 37. Abolition of husband's liability for wife's torts, contracts, debts and obligations. 1935 c. 30, s. 3. Abolition of wife's agency of necessity. 1970 c. 45, s. 41. Gift in fraud of creditors. 1882 c. 75, s. 10. Insurance for benefit of spouse or children. 1882 c. 75, s. 11. Will of married woman. (Cap. 30.) 1893 c. 63, s. 3. Receipts by married infants. 1925 c. 20, s. 129. Savings. 1935 c. 30, s. 4(2).

Originally 27 of 1971. 39 of 1972. Short title. Application. (Cap. 181.) (Cap. 178.) Capacity of married women. 1935 c. 30, s. 1. 1882 c. 75, s. 18. Property of married women. 1935 c. 30, s. 2. 1949 c. 78, s. 1(1) & (2). Actions in tort between husband and wife. 1862 c. 48, s. 1(1) & (20. 1962 c. 48, s. 3(3). Questions between husband and wife as to property to be decided in a summary way. 1882 c. 75, s. 17. Extension of section 6. 1958 c. 35, s. 7. 1958 c. 35, s. 8(1). Further extension of sections 6 and 7. 1970 c. 45, s. 39. Contributions by spouse in money or money's worth to the improvement or property. 1970 c. 45, s. 37. Abolition of husband's liability for wife's torts, contracts, debts and obligations. 1935 c. 30, s. 3. Abolition of wife's agency of necessity. 1970 c. 45, s. 41. Gift in fraud of creditors. 1882 c. 75, s. 10. Insurance for benefit of spouse or children. 1882 c. 75, s. 11. Will of married woman. (Cap. 30.) 1893 c. 63, s. 3. Receipts by married infants. 1925 c. 20, s. 129. Savings. 1935 c. 30, s. 4(2).

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