CO129-610-5 Marriages solemnized in Stanley Camp during the Japanese occupation and subsequent legislation for divorce 14-2-1947 - 27-6-1947 — Page 25

DIVORCE (VALIDITY) (DALZIEL) ORDINANCE, 1947.

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Explanatory observations in accordance with Article XXVIII of the Royal Instructions.

1.

This Ordinance was passed with one amendment on the 19th June,

1947.

2.

The reasons for enacting this Ordinance are set out in the

Objects and Reasons to the Bill, a copy of which is forwarded herewith.

3. Before introduction and enactment of this Ordinance, the

Ordinance was the subject of correspondence with the Secretary of State

for the Colonies terminating with the telegram of His Excellency the

· Officer Administering the Government, to the Secretary of State, (No.1024)

dated the 19th June, 1947.

40 In the Secretary of State's telegram No. 949 dated the 13th June,

1947, definition of "Supreme Court" was suggested. As decoded the

definition proposed was not clear, but the intention appeared to be to

suggest the following wording, i.e. "the Chief Justice acting in purported

exercise of Divorce Jurisdiction in the Supreme Court at Stanley,

Hong Kong". At the date such telegram was received the First reading of

the Ordinance under report had been taken in Legislative Council. On

that occasion, one introduction of the Bill, I had stated my intention, at the appropriate stage, to move amendment of Clause 2 of the Bill to

insert in the definition of "Court" the word "purported" before the word

'exercise" for the reason that without such word there would be insufficient

emphasis on the fact that the exercise of Divorce Jurisdiction by the

Supreme Court at the Stanley Internment Camp was of doubtful validity.

For this reason I advised against the adoption of the definition as above

quoted.

Other reasons for so advising were

A: amendment to the preamble would also have been necessary;

B: