MARRIED WOMEN (DESERTION) ORDINANCE, 1905

MARRIED WOMEN (DESERTION) ORDINANCE, 1905

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No. 1 of 1905, incorporated in No. 14 of 1904.

No. 2 of.1905, incorporated in No. 9,of 1897.

No. 3 of 1905, repealed by No. 34 of 1910.

No. 4 of 1905, repealed by No. 8 ol 191.2 s. 87.

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 184.5.

repealed by No. 8 of 1912 s. 87
No. 8 of 1905t

No. 9 of 1905, repealed by No. 34 of 1910.

No. 10 of 1905.
Relatinq to the maintenance of Married Romen deserted by
their Husbands. [6th October,' 1905.]

1. The Married Wonien (Desertion) Ordinance, 1905.

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

3. Any married wonian 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

As amended by No. 43 of 1912 Supp. Selied.
+ Asamended by No. 50 of 1911. For evidence of parties in pro-
ceedings under this Ordinance see No. 14 of 1906 s. 5,






shall by such cruelty or neglect have caused 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 containmig all or aily 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 o n the ground of ectietty under the law
of England) ;
(b). that the legal custody of any children of the marriage
between the applicant and her husband, while under the age of
16, 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 not
exceeding 20 dollars as the Magistrate shall, having re'lard to the
c
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 tlits 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 lieg-
lect or misconduct conduced to, the act of adultery.

6. A Magistrate may on the application of the inarried wonian 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 paynient
ordered to be made, or increase stich amount so ;hat it shall not in
any case exceed the weekly sum of 220 dollars: 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.

As amended by No. 50 of 1911, and No. 12 of 1912.
As amended by No. 13 of 1912.
As amended by No. 12 of 1912 and No. 48 of 1912 Supp, Sched.
-v
Short title. Interpretation. Power of Magistrate to make orders for maintenance. What orders may be made. Limitation as to orders. Power to vary or discharge order. Procedure. No.3 of 1890.

Short title. Interpretation. Power of Magistrate to make orders for maintenance. What orders may be made. Limitation as to orders. Power to vary or discharge order. Procedure. No.3 of 1890.

https://oelawhk.lib.hku.hk/items/show/945

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No. 10 of 1905

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