MATRIMONIAL CAUSES (AMENDMENT)
Ord. No. 63/79
A 195
HONG KONG
No. 63 OF 1979
L.S.
I assent.
MURRAY MACLEHOSE,
Governor.
2nd August, 1979.
An Ordinance to amend the Matrimonial Causes Ordinance.
[3rd August, 1979]
Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
1. This Ordinance may be cited as the Matrimonial Causes (Amend- Short title. ment) Ordinance 1979.
2.
Section 2 of the principal Ordinance is amended by inserting Amendment of before the definition of "court" the following definition-
(Cap. 178.)
3.
(a)
(b)
(Cap. 178.)
4.
""adultery" does not include sexual intercourse of a man who is a party to a customary marriage celebrated in accordance with section 7 of the Marriage Reform Ordinance with a concubine (tsip) lawfully taken by him;".
Section 7A of the principal Ordinance is amended-
in subsection (1) by deleting ", and in the case of section 36 a magistrate's court,"; and
by deleting subsection (2) and substituting the following-
"(2) Where the parties to a marriage which is dissolved in accordance with Part V of the Marriage Reform Ordinance have agreed as to the amount of maintenance to be payable by one of the parties to the other after the dissolution of the marriage and have recorded the terms of that agreement as part of the agree- ment or memorandum dissolving the marriage, subsection (1) shall not have effect to confer jurisdiction at any time on any court in respect of maintenance for either of the parties to the former marriage.".
section 2. (Cap. 179.)
Amendment of section 7A.
Section 9 of the principal Ordinance is repealed and replaced by Repeal and the following-
"Power to grant
relief limited
to certain
marriages.
(Cap. 178.)
9. Nothing in this Ordinance shall authorize the court to pronounce a decree of divorce, nullity, judicial separation or presumption of death and dissolution of marriage or to make any other order unless the marriage to or in respect of which the decree or order relates was a customary marriage celebrated in accordance with section 7 of the Marriage Reform Ordinance and registered in accordance with Part IV of that Ordinance or was a monogamous marriage.".
replacement of section 9.