1162
THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 6, 1935.
Grounds on
which a
married
woman may apply for an order.
58 & 59 Vict., c. 39, s. 4.
2 Edw. 7,
c. 28, s. 5 (1).
15 & 16 Geo
5, c. 51, s. 1 (1) & (2).
Ordinance No. 2 of 1865.
Grounds on which the husband of a married
woman may
apply for
an order.
2 Edw. 7, c.
28, s. 5 (2).
15 & 16 Geo.
5, c. 51, s. 1 (3).
Fowers of Magistrate.
58 & 59
Vict., c. 39,
s. 5.
10 & 11 Geo.
3. Every married woman whose husband-
(a) has been convicted summarily, under section 38 of the Offences against the Person Ordinance, 1865, of an assault upon her which in the opinion of the convicting magistrate is of an aggravated character;
(b) has been convicted upon indictment of an assault upon her, and sentenced to pay a fine of more than one hundred dollars or to a term of imprisonment exceeding two months;
(c) has deserted her;
(d) has been guilty of persistent cruelty to her or her children;
(e) has been guilty of wilful neglect to provide reason- able maintenance for her or her infant children whom he is legally liable to maintain;
k
(has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her;
(g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict,
may apply to a magistrate for an order under this Ordinance. Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled
her so to submit herself.
4. The husband of every married woman who-
(a) has been guilty of persistent cruelty to his children; (b) is a habitual drunkard or a drug addict,
may apply to a magistrate for an order under this Ordinance.
5. On any application under section 3 or 4, the magis- trate may make one or more orders containing all or any of the following provisions :----
(a) that the applicant be no longer bound to cohabit with 5, e. 63, s. 1. her husband, or, as the case may be, that the applicant be no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);
(b) that the legal custody of any children of the marriage be committed to the husband, or to his wife;
(c) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum, not exceeding fifty dollars, as the magistrate having regard to the means both of the husband and his wife considers reasonable;
(d) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, such weekly sum not exceeding ten dollars for the maintenance of
Page 15Page 16