1956-HKRS29-8-23_Part02 — Page 48

Repeal of section 25.

Repeal and replace- ment of section 28.

Amendment

of section 31.

Amendment

of section 34.

Repeal of section 35.

Repeal and replace. ment of section 39.

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of conjugal rights should not be granted, may make the decree accordingly. "'.

15. Section 25 of the principal Ordinance is repealed.

16. Section 28 of the principal Ordinance is repealed and replaced by the following section--

"Alimony pendente lite.

28. On any petition under this Ordinance the court may make such interim orders for the payment of alimony to the wife as the court thinks just.

17. Section 31 of the principal Ordinance is amended by the insertion in subsection (1), after the word "adultery" of the following

desertion or cruelty".

18. Section 34 of the principal Ordinance is amended by-

(a) the deletion of the words "or for restitution of conjugal

rights, "; and

(b) the deletion of the words "decree absolute" and the

substitution therefor of the following-

"final decree".

10. Section 35 of the principal Ordinance is repealed.

20. Section 39 of the principal Ordinance is repealed and replaced by the following section-

"Evidence,

39. (1) Notwithstanding any rule of law, the evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.

(2) Notwithstanding anything in this section or any rule of law, a husband or wife shall not be com- pellable in any proceedings to give evidence of the matters aforesaid.

(3) The parties to any proceedings instituted in consequence of adultery and the husbands and wives

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of the parties shall be competent to give evidence in the proceedings, but no witness in any such proceed- ings, whether a party thereto or not, shall be liable to be asked or be bound to answer any question tending to show that he or she has been guilty of adultery unless he or she has already given evidence in the same proceedings in disproof of the alleged adultery.".

21. The principal Ordinance is amended by the addition, Addition after section 45, of the following new section—

"Additional jurisdic- tion in proceed. inga by a wife.

48. (1) Without prejudice to any jurisdiction exercisable by the court apart from this section, the court shall by virtue of this section have jurisdiction to entertain proceedings by a wife in any of the following cases, notwithstanding that the domicile of the parties to the marriage at the time when the peti tion was presented was not in the Colony, that is to say....

(a) in the case of any proceedings under this Ordinance other than proceedings for pre- sumption of death and dissolution of marriage under section B, if the wife has been deserted by her husband, or the husband has been deported or expelled from the Colony under any law for the time being in force relating to the deportation or expulsion of aliens, and the husband was immediately before the desertion, deportation or expulsion domiciled in the Colony;

(b) in the case of proceedings for dissolution of marriage under section 5. if the wife is resident in the Colony and has been ordinarily resident there for a period of three years immediately preceding the time when the peti tion was presented.

(2) Without prejudice to the jurisdiction of the court to entertain proceedings under section 118 in cases where the petitioner is domiciled in the Colony, the court shall by virtue of this section have jurisdic tion to entertain any such proceedings brought by a

of new

nection 45