26
CAP. 192]
Matrimonial Proceedings and Property
[1972 Ed.
SECOND SCHEDULE
REPEALS*
Extent of Repeal
(s. 33.)
In section 2, the definitions of "adopted" and "relevant child" except so far as they apply for the interpretation of section 50(2) of that Ordinance.
Short title
(Cap. 179.)
Matrimonial Causes Ordinance.
1. Section 25.
2. Section 7.
3. Jurisdiction in restitution of conjugal rights.
4. Interpretation.
5. Sections 27 to 31.
6. In section 32, subsections (1) and (2), sub-section (3) except in relation to a case where the death occurred before the commencement of this Ordinance and subsection (4).
7. Sections 33 to 37 except section 37(4) and (5) as applied by section 40(2) of that Ordinance.
Sections 41 to 47.
1965 c. 72, s. 46(2).
1965 c. 72. s. 40(1).
APPENDIX
SECTIONS OF THE MATRIMONIAL CAUSES ORDINANCE
REPEALED BY THE SECOND SCHEDULE
2. In this Ordinance, unless the context otherwise requires-
"adopted", except in section 35(2), means adopted in pursuance of an adoption order made under any enactment in force in Hong Kong at any time relating to the adoption of children or any corresponding imperial enactment; "relevant child" means a child who is-
(a) a child of both parties to the marriage in question; or
(b) a child of one party to the marriage who has been accepted as one of the family by the other party,
and in paragraphs (a) and (b) of this definition "child" includes illegitimate child and adopted child; and references to a child of the marriage in sections 29, 33(3), 34(2), 46(2) and 50(2) include references to a child adopted by both parties to the marriage.
7. The court shall have jurisdiction in proceedings for restitution of conjugal rights under this Ordinance if-
(a) both parties to the marriage were domiciled in Hong Kong at the date of the petition;
(b) the parties had a matrimonial home in Hong Kong at the time when cohabitation ceased;
(c) both parties to the marriage were resident in Hong Kong at the date of the petition;
(d) in the case of proceedings by a wife, the wife has been deserted by her husband or the husband has been deported from Hong Kong under any law and the husband was immediately before the desertion or deportation domiciled in Hong Kong; or
* Note:
For ease of reference, the repealed sections of the Matrimonial Causes Ordinance are reproduced in the Appendix.