A BILL
INTITULED
An Ordinance to remove doubts as to the validity of certain Decrees granted in the Colony for the dissolution of a marriage.
WHEREAS doubts have been entertained with respect to the validity of Decrees granted by the Supreme Court of Hong Kong on the 8th day of June, 1942, and the 10th day of December, 1942, in exercise of Divorce Juris- diction in the matter of
Winifred May Dalziel
and
Adam Gray Dalziel
Now therefore :-
Petitioner.
Respondent.
BE it enacted by the Governor of Hong Kong with the advice and consent of the Legislative Council thereof, as follows:
1. This Ordinance may be cited as the Divorce Short title. (Validity) (Dalziel) Ordinance, 1947.
2. In this Ordinance—
"Court" means the Supreme Court of Hong Kong in exercise of Divorce Jurisdiction at Stanley, Hong Kong.
Interpreta- tion.
decrees.
3. For the removal of doubts it is hereby confirmed and Validity of declared that the decrees specified in the Schedule to this Ordinance are valid and shall be deemed always to have been valid in all respects as from the dates of the grant or making thereof.
SCHEDULE,
Degree (Nisi) granted by the Court on the 8th day of June, 1942, Decree (Absolute) granted by the Court on the 10th day of December, 1942, for the dissolution of the marriage had and solemnised on the 2nd day of November, 1938 at the Registry Office, Victoria, in the Colony of Hong Kong between Winifred May Dalziel (then Winifred May Marsh, spinster) and Adam Gray Dalziel.
Objects and Reasons.
1. In the period of the Japanese occupation of the Colony, the Supreme Court held sittings at the Internment Camp at Stanley in exercise of divorce jurisdiction. Doubt has been expressed as to the validity of the exercise of such jurisdiction for the reason that, in the period and in the circumstances then prevailing, the powers of the Supreme Court should, in law, be regarded as having been in abeyance.
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