1971-HKRS29-8-38_Part03 — Page 4

Misapplying

moneys or ill-treating a child.

1937 4. 35. x. IL

Power to make rulci.

Transitional provisions.

Ameadments to Cap. 16.

(4) If a child, in respect of whom an affiliation order has been made or is sought, is wrongfully taken out of the custody of the mother or the custodian, the court, on the application of the mother or custodian, may order that the child be returned to such custody,

(5) Any person who fails to comply with an order made under subsection (4) shall be guilty of an offence and shall be fiable on conviction to a fins of one thousand dollars and to imprisonment for six months.

16. Any custodian who-

(a) misapplies any money paid for the child's support by

the putative father under an affiliation order; or

(b) withholds proper nourishment from or otherwise abuses

or maltreats the child,

shall be guilty of an offence and shall be liable on conviction to a line of five hundred dollars and to imprisonment for one month.

17. The Chief Justice, with the approval of the Legislative Council, may make rules for the better carrying into effect of this Ordinance.

18. An application may be made under section 3 in relation only to a child born on or after the commencement of this Ordinance.

19. The Separation and Maintenance Orders Ordinance is amended

(a) in section 2, by deleting the definitions of "monogamous marriage", and of "wife" and "married woman”, and sub- stituting the following-

(Cap 181)

Cap. 1783

09 of 1971)

"husband" means the husband or partner of a wife

or married woman;

"wife" and "married woman" mean the wife or

partner of a man by--

(2) a marriage celebrated or contracted in accordance with the provisions of the Marriage Ordinance;

(b) a modern marriage validated by the

Marriage Reform Ordinance;

(c) a customary marriage declared to be valid

by the Marriage Reform Ordinance;

(d) a union of concubinage as defined by section 14 of the Legitimacy Ordinance 1971:

7

(e) a kim tiu marriage entered in accordance with Chinese law and custom applicable thereto in Hong Kong before the appointed day under the Marriage Reform Ordin-

anco: or

(f) 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"; and

(b) by adding the following new sections at the end

thereof

“Continua- tion of payments in certain cases.

1957 4. 53. ¤. 712 & (3).

Amendment

by resolu- tion of Legislative Comcil

12. (1) IG on the application of a married woman, it appears to the District Court that a child is or will be engaged on a course of education or training after attain- ing the age of sixteen years, or that the child is suffering from a mental or physical dis- ability, and it is therefore expedient for pay- ments to be made under an order made under paragraph (d) of section 5 or under section 7 after the child attains that age, the District Court may order that payments be so made for such period not exceeding two years from the date of the order as may be specified in the order.

(2) The period specified in an order under subsection (2) may from time to time be extended by a subsequent order so made, but shall not in any case extend beyond the date when the child attains the age of twenty-one years.

13. The Legislative Council may, by resolution, amend the maximum weekly sum which may be ordered under paragraph (c) or (d) of section 5 or under paragraph (b) of the proviso to subsection (2) of section 7.".

Passed by the Hong Kong Legislative Council this 23rd day of June, 1971.

Clerk to the Legislative Council.