2
(c) a customary marriage declared to be valid by the
Marriage Reform Ordinance; or
(d) a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed.
Capacity of married woman. 1935 6. 30, L. I.
3.
(2)
1892. c. 73. a. 18.
Property of married women. 1935 2. 30, N. 2.
1949 C. 78, * 100) & 2).
Actions in
tort between husband and wife.
1962 c. 48, ✩ TO
C).
(1) Subject to this Ordinance, a married woman shall- be capable of acquiring, holding and disposing of, any property:
(b) be capable of rendering herself, and being rendered, liable
in respect of any fort, contract, debt or obligation; (c) be capable of suing and being sued, either in tort or lo
contract or otherwise; and
(d) be subject to the law relating to bankruptcy and to the
enforcement of judgements and orders,
in all respects as if she were unmarried.
(2) A married woman may act as a trustee or personal representative in all respects as if she were unmarried.
4. (1) Subject to this Ordinance, all property which- (a) immediately before the 20th day of March 1936 was the separate property of a married woman or held for her separate use in equity; or
(b) belonged or belongs at the time of her marriage to a
woman married after that date; or
(c) after thai date has been or is acquired by or devolved or
devolves upon a married woman,
shall belong to her in all respects as if she were unmarried and may be disposed of accordingly.
(2) No restriction upon anticipation or alienation attached. whether before or after the commencement of this Ordinance, to the enjoyment of any property by a woman which could not have been attached to the enjoyment of that property by a man shall be of any effect.
5. (1) Subject to this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were unmarried.
(2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears-
(a) that no substantial benefit would accrue to either party
from the continuation of the proceedings; or
(b) that the question or questions in issue could more con- veniently be disposed of on an application made under section 6.
(3) Without prejudice to paragraph (b) of subsection (2), the court may, in such an action, either exercise any power which could be exercised on an application under section 6 or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.
(4) The references in subsection (1) to the parties to a marriage include references to the persons who were parties to a marriage which has been dissolved.
(5) This section does not apply to any cause of action which arose, or would but for the subsistence of a marriage have arisen. before the commencement of this Ordinance.
(1) In any question between husband and wife as to the Litle to or possession of property the husband or the wife may apply by summons or otherwise in a summary way to a judge to determine the question.
(2) On any such application the judge may make such order with respect to the property in dispute and as to the costs of and consequent on the application as he thinks fit, or may direct such application to stand over and any inquiry touching the matters in question to be made in such manner as he thinks fir
(3) An order made under subsection (2) shall be subject to appeal in the same way as an order made by the judge in an action in the Supreme Court would be.
(4) If either party so requests, the judge may bear the applica- tion in private.
7. (1) Any right of a wife, under section 6, to apply to a judge, in any question between husband and wife as to the title to or possession of property, shall include the right to make such an application where it is claimed by the wife that her husband has had in his possession or under his control-—–—–
(a) money to which, or to a share of which, she was bene- ficially entitled (whether by reason that it represented the proceeds of property to which, or to an interest in which, she was beneficially entitled, or for any other reason); or (b) property (other than money) to which, or to an interest
in which, she was beneficially entitled,
and that either that money or other property has ceased to be in his possession or under his control or that she does not know whether it is still in his possession or under his control.
1962 G. 48, 1, 3037.
1962 c. 48, 4. 304),
Questions between husband and wife as to property to be decided in a summary way.
1982 c. 75, m. 17.
Extension of section 4. 1956 c. 35, s. 7.
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