CAP. 16]
49 of 1935.
42 of 1948.
9 of 1950.
Short title.
Interpretation.
(Cap. 179.)
42 & 43 Vict.,
c. 19, s. 3.
2 Edw. 7.
c. 28, s. 5.
15 & 16 Geo. 5, c. 51, s. 3.
(Cap. 134.)
Grounds on which
married
woman may apply.
68 & 59 Vict.,
c. 39, s. 4.
2 Edw. 7.
c. 28, s. 5 (1).
15 & 16 Geo.
5, c. 51, s. 1 (1) & (2).
(Cap. 212.)
Separation and Maintenance Orders.
CHAPTER 16.
SEPARATION AND MAINTENANCE ORDERS,
To make better provision in this Colony for the granting
by magistrates of separation and maintenance orders.
[6th December, 1935.]
1. This Ordinance may be cited as the Separation and Maintenance Orders Ordinance.
1.
In this Ordinance-
"Christian marriage or its civil equivalent" has the same
meaning as in the Divorce Ordinance;
"habitual drunkard" and "drug addict" mean a person who is, by reason of habitual intemperate drinking of intoxicating liquor, or habitual taking or using, except upon and in accordance with medical advice, of opium, or any dangerous drug within the meaning of the Dangerous Drugs Ordinance, at times dangerous to himself or herself or to others, or incapable of managing himself or herself, and his or her affairs.
"wife" and "married woman" mean the wife of any man by any Christian marriage or its civil equivalent recognized by the law of this Colony, and, where no such marriage subsists, include-
(a) the tsip or tin fong spouse of any Chinese man, married to him in accordance with the laws or customs of China;
(b) any woman married to any man, not being Chinese,
by a non-Christian customary marriage, duly celebrated according to the personal law and religion of the parties.
3.
(1) Every married woman whose husband—
(a) has been convicted summarily, under section 38 of the Offences against the Person Ordinance, 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;
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