1972-HKRS28-16-20_Part02 — Page 27

Amendmeat of section 27.

Aussendment of Section 28.

Amendment of section 29.

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(b) by inserting after subsection (3) the following new sub-

section-

H1971 c. 44, IL 602).

(4) Neither collusion nor any other con- duct on the part of the petitioner which has at any time been a bar to relief in matrimo- nial proceedings shall constitute a bar to the grant of a decree under this section.”.

18. Section 27 of the principal Ordinance is amended by deleting paragraph (b) and substituting the following-

*(6) in the case of a petition for divorce or judicial separation presented by the wife alleging any such fact as is mentioned in section 11A(1)e), where the court is satisfied on proof of such facts as may be prescribed by rules that her husband is insane, to the husband.".

19. Section 28 of the principal Ordinance is amended by deleting subsection (3) and substituting the following-

**(3) Where on a petition for divorce presented by the wife, the court grants her a decree of divorce and holds that the only fact on which she is entitled to rely is that mentioned in section 11A()){e), if the court is satisfied on proof of such facts as may be prescribed by rules that the husband is insane. subsection (1) shall have effect with the substitution of references 10 the wife for references to the husband and of references to the husband for references to the wife.".

20. Section 29 of the principal Ordinance is amended by deleting subsection (2) and substituting the following-

"(2) Where on a petition for divorce presented by the husband-

(a) the husband satisfies the court of any such fact as

is mentioned in section 11A(1)(a), (b) or (c);

(8) the court grants him a decree of divorce; and (c) it appears to the court that the wife is entitled to any property either in possession or in reversion,

the court may, if it thinks it, order such settlement as it thinks reasonable to be made of the property, or of any part of it, for the benefit of the husband and of the children of the marriage or either or any of them.".

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21. Section 32(1) of the principal Ordinance is amended by deleting paragraph (b) and substituting the following---

“(b) in a case where the petition is presented by the wife and the court holds that the only fact on which she is entitled to rely is that mentioned in section 11A(1)(e), if the court is satisfied on proof of such facts as may be prescribed by rules that the husband is insane, to the husband.".

22. Section 42 of the principal Ordinance is amended by deleting subsection (2) and substituting the following-

"(2) Where-

(a) a petition for divorce or judicial separation is pre- sented by a wife and the court is satisfied on proof of such facts as may be prescribed by rules that her husband is insane:

(b) a petition for divorce or judicial separation is pre- sented by a husband and the court is satisfied on proof of such facts as may be prescribed by rules that bis wife is insane; or

(c) a petition for oullity is presented by a busband on the ground of his wife's insanity or mental deficiency or disorder.

and the court orders payments, other than a lump sum pay- ment, in favour of the respondent under sections 27, 28(1), section 28(1) as applied by section 28(3) or by section 31. or under section 32(1), the court may order the payments to be made to such persons having charge of the respondent as the court may direct.".

23. Section 46(3) of the principal Ordinance is amended by deleting paragraph (6) and substituting the following-

*(5) in the case of a decree of divorce made in favour of a wife where the court holds that the only fact on which she is entitled to rely is that mentioned in section 11A(D)(e) and the court is satisfied on proof of such facts as may be prescribed by rules that her husband is insane, requiring the wife,”.

24. Section 51 of the principal Ordinance is repealed.

25. The Separation and Maintenance Orders Ordinance is amended by adding after section 6 the following new section-

"Condona-

tion.

1963 c. 72, M. (4203).

6A. For the purposes of this Ordinance, adultery and cruelty shall not be deemed to have been con- doned by reason only of a continuation or resump-

Amendment of section 32.

Amendment of Section 41.

Amendment of section 46.

Repeal of section $1.

Amendment of Cap. 16.