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THE HONGKONG GOVERNMENT GAZETTE, JUNE 15, 1906.
HONGKONG.
No. 5 or 1906.
An Ordinance to amend the law relating to the
Property of Married Women.
LS
M. NATHAN,
Governor.
[15th June, 1906.]
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
Short title.
Interpreta-
tion of terms.
(M.W.P. Act, 1882, section 24. 45 and 46 Vict. Cap. 75.)
o
1. The Ordinance may be cited as the Married Women's Property Ordinance, 1906.
2. The word “contract” in this Ordinance shall include the acceptance of any trust, or of the office of executrix or administratrix, and the provisions of this Ordinance as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or executrix or administratrix either before or after her marriage, and her husband shall not be subject to such liabilities unless he has acted or intermeddled in the trust or administration.
The word "property" in this Ordinance includes a thing in action.
Married
3.-(1.) A married woman shall in accordance with woman to be the provisions of this Ordinance he capable of acquir- capable of
ing, holding, and disposing by will or otherwise, of any holding pro-
immovable or movable property as her separate property, contracting in the same manner as if she were a feme sole, without
the intervention of any trustee.
perty and of
as a feme
sole.
(M.W.P.
Act, 1882, section 1
(1) & (2).
Effect of
(2.) A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract, and of suing and being sued, either in contract or in tort, or otherwise, in all respects as if she were a feme sole, and her husband need not be joined with her as plaintiff or defendant, or be made a party to any action or other legal proceeding brought by or taken against her; and any damages or costs recovered by her in any such action or proceeding shall be her separate property; and any damages or costs recovered against her in any such action or proceeding shall be payable out of her separate property, and not otherwise.
4. Every contract hereafter entered into by a married contracts by woman, otherwise than as agent,
married
women.
(M.W.P. Act, 1893, section 1. 56 and 57 Vict. Cap.
63.)
(a.) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to
any separate property at the time when she enters into such contract;
(b.) shall bind all separate property which she may at that time or thereafter be possessed of or entitled to; and
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