THE HONG KONG GOVERNMENT GAZETTE, OCTOBER 18, 1940.
No. 1152.
COLONIAL SECRETARY'S DEPARTMENT.
With reference to Government Notification No. 738 of the 27th September, 1935, publishing the text of the Indian and Colonial Divorce Jurisdiction Act, 1926, section 1 of which has been applied to this Colony as from the first day of January, 1936, by the Hong Kong Divorce Jurisdiction Order in Council, 1935, published in Government Notification No. 737 of the 27th September, 1935, the Indian and Colonial Divorce Jurisdiction Act, 1940, which explains and amends, as from the 1st January, 1941, the Act of 1926, and which by virtue of section 5 (b) thereof applies to this Colony, is published for general information.
N. L. SMITH,
Colonial Secretary.
18th October, 1940.
3 and 4 George VI Chapter 35.
An Act to explain and amend the Indian and Colonial Divorce
Jurisdiction Act, 1926.
[10th July, 1940.]
BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
1.-(1) For the removal of doubts it is hereby declared that in considering, for the purposes of the Indian and Colonial Divorce Jurisdiction Act, 1926 (hereafter in this referred to as "the principal Act")--
Act
(a) what are the grounds on which a decree for the dissolution of any marriage may be granted by the High Court in England according to the law for the time being in force in England; and
Removal of doubts as
to effect of Matrimonial Causes Act, 1937, on divorce jurisdiction
under Indian and Colonial
Divorce Jurisdiction Act, 1926.
Geo. 5 c. 40.
(b) what are the principles and rules on which, in the 16 & 17 exercise of its jurisdiction to make decrees for the dissolution of a marriage, and, as incidental thereto, to make orders as to damages, alimony or maintenance, custody of children and costs, the High Court in England for the time being acts and gives relief,
c. 57.
the amendments of the law relating to divorce effected by sections one to four, six and eight to ten of the Matrimonial 1 Edw. 8. & Causes Act, 1937, have to be taken into account, and that 1 Geo. 6. references in the principal Act to a decree for the dissolution of a marriage include references to such a decree of pre- sumption of death and of dissolution of a marriage as is authorized by the said section eight.
(2) A decree for the dissolution of a marriage granted under the principal Act before the appointed day shall not be invalid by reason only that regard has not been had to the provisions of section one of the Matrimonial Causes Act, 1937, and where before the appointed day a petition under
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