C.S.O. 1/5658/31

534

A BILL

[No. 9-5.5.33.-3.]

Short title.

Amendment

of Ordin-

ance No. 35 of 1932, s. 4.

Amendment

of Ordin-

INTITULED

An Ordinance to amend the Divorce Ordinance, 1932.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:

1. This Ordinance may be cited as the Divorce Amend- ment Ordinance, 1933.

2. Sub-section (3) of section 4 of the Divorce Ordinance, 1932, is repealed and the following sub-section is sub- stituted:

(3) Nothing herein shall authorise the court to make any decree of judicial separation or of restitution of conjugal rights except where the marriage was a Christian marriage or its civil equivalent and where both the parties to the marriage had their usual place of residence in the Colony at the time of the commencement of proceedings.

3. Sub-section (3) of section 17 of the Divorce Ordin- ance No. 35 ance, 1932, is repealed and the following sub-section is

substituted:

of 1932,

s. 17.

20 and 21 Vict. c. 85.

Repeal of Ordinance No. 35 of 1932, s. 38 (2).

Repeal of certain forms in

Schedule to Ordinance No. 35 of 1932.

Construction and com. mencement.

(3) A decree of judicial separation shall have the effect. which a divorce a mensa et thoro had in England before the Matrimonial Causes Act, 1857, and such other legal effect as hereinafter mentioned.

4. Sub-section (2) of section 38 of the Divorce Ordi- nance, 1932, is repealed.

5. Forms Nos. 4, 5, 6, 7, 8, 9, 16, 18, 25 and 29 in the Schedule to the Divorce Ordinance, 1932, are repealed.

6. This Ordinance shall be read and construed as one with, and shall come into operation at the same time as, the Divorce Ordinance, 1932, which it amends and which shall not be brought into operation by Proclamation until His Majesty's pleasure not to disallow this Ordinance is known.

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