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HONG KỞNG ĐAILY PRESS, FRIDAY, OCTOBER 28, 1932.

MR. BRAGA ATTACKS DIVORCE BILL

INTERESTING SUBMISSION TO LEGISLATIVE COUNCIL:

OBJECTION TO CLASS LEGISLATION:

ATTORNEY GENERAL'S REPLY: NOT CONCERNED

WITH RELIGIOUS ATTITUDE

Stern opposition to the Divorce Bill was voiced by the Hon. Mr. J. P. Brugen when the it came up for its second reading Mr. Benga, in at the Legislative Council yesterday' afternoon. The course of a lengthy speech, pointed out several grounds on which, he thought, the Divorce Bill should not be sanctioned. Among other things, Mr. Braga objected to "class legislation." Both the llon, Mr. Paterson and the Attorney General spoke in the Bill which passed through its final stages.

Christianity and Marriage.

This line of thought brings me very near the mark of the contro- versial points that have fouined the subject of the heated debate for a Different long perind of years. schools of thought entertain varying views on the main restrictions on liberty of divorce. The conceptión of marringe which I and those of the same upbringing as I entertain fa only one. It is that one which has been very aptly put by one writer that "Christianity has had no greater practical effect on the life of mankind than in its belief that marringe is no mere civil con- tract, but a row in the sight of God binding the parties by cħliga. tions of conscieneo above and be

Such is yond those of civil law." my conception of the indissolubility of marriage. It is no wonder either that I should hold tenaciously to a conception in the atmosphere of the particular religion in which I was brought up and of whose toaching I am a professed adherent. It in preference, or necord to some other

the opinion of a leading authority part of the Empire preference not accorded to the contracting Dominon divorce that "onge the indis- solubility of marriage is abandoned

In moving the first reading of "A Bill to conselicate' and wel the law relating to Companies" the Attorney General unid that the introduction of this Ordinance would necessitate con- siderable study ley auditors, company secretaries and directors.

FIRST READING OF NEW COMPANY LAW

H.. the Officer Administering; the fiovernment, the Hon. Mr. W T: Suthor, presided. · ̧ Others presont. were :— The Colonial Secretary (Hom Mr. E., R. Halifax).

The Attorney General (Hon. Mr.

C: G. Alabaster, K.C., O.B.E.).

The Secretary for Chinese Affairs (Hon. Mr. A. E. Wood).

ion.

The Colonial Secretary seconded in principle, then matrimony be nere experiment, or að and the Bill passed through its comes

best a.contract voidable upon the second and third reading.

non-fulfilment of certain conditions. and, iu the idea of many, terinin- able at will"

The following, Bills also passed through their final stages:

"A Bill to amend the Supreme

The Colonial Treasurer (Hon. Court (Admiralty Procedure). Or-

Mr. Edwin Taylor).

R. M. Henderson Hon. Mr. (Director of Public Works).

Hon. Mr. E, D. C. Wolfe, CJG. (Inspector-General of Polier).

Hon. Comdr. G. F. Hole, R.N. (retired), (Harbour Master),

Wellington Hon. Dr. A. R. (Director of Medical and Sanitary Services)..

Hon. Sir Henry Pollock. Hon, Mr. W. E. L. Shenton.

H. Hon. Mr. R.

Kolewall,

C.M.G., LL.D.

Hon. Mr. J. P. Braga, Hon, Mr. S. W. Tro, O.B.E., LL.D.

Hon. Mr. J. J. Paterson. Hon. Mr. W. H. Bell. Hon. Mr. T. N. Chau.

Mr. R. A. C. North (Clerk of Courteils).

Company Law Amendment,

dinance 1800,"

"A Bill to amend the Marriage Ordinance, 1975."

DIVORCE BILL

When "A Bill to confer on the Jurisdiction in Supreme Court Divorce and Matrimonial Causes, came before the Council, the Hott. Mr. Kenga addressed the Council as follows:--

MR. J. P. BRAGA

SEARCHING CRITICISM OF

BILL.

The points dealing with dogmatic and spiritual reasons do not coter into the scope, of my argument, which deals with the social conse quences of the measure in its ap>- plication to the local conditions of! the Colony of Hong Kong.

a formal ceremony recognised

by the law of the place where the union was contracted as involving the voluntary union for life of one man and one woman to the exclusion of all others.?

Since the publication of the first draft of the Bill in the Government Gazette of the 26th August. Inst. Government has produced a second draft of the Bill. This revised edition includes a material addi- tian. The addition contains the definition, not included in the original draft, of the term "Chris- tian marriage or its civil equiva lent." It is borrowed from the de finition of Marriage-the same prin. ciple holds in English law-laid down in the casa Hydo ». Hyde and. Woodmanseo (1 P. and D. 130) A The Hon. Mr. J. P. Braga said: - Your Excellency, That I should leading case, in which this definition is applied is In re Bathell, Bethell rise to raise tay voice, however feeble, in opposition to the second. Hildyard (38 Ch, D.290). "Chris In introducing the first reading of the Bill entitled Antian marriage," by the new section reading of "A Bill to consolidate Ordinance to confer on the Supreme 2 of the Bill, is defined to mean :--- and amend the law relating to Companies," the Attorney General Court Jurisdiction in Divorce and said:--I rise to move the first read Matrimonial Causes is not auris ing of a bill to consolidate anding. And that I am conscious of Ainend the law relating to com panies which has been prepared the futility of my cilort, however with a view to bringing the Com-carnost, I fully recognise. Never- pany Law of the Colony into line with that prevailing in England.theless, I feel that I should be want This is in accordance with prece ing in my sense of the civil dutylu the search for dent. There have been three great which I am called upon to perform definition of the insurmountable cquisolidations of the Company Inw in England in 1802, 1909, and 1929. in the position that I have the difficulty confronting the promoters The Acts of 1909, and 1008 were honour to hold in this Council, were of the Divorce Bill, the Govern-- followed in 1865 and 1911 by Hong to refrain from giving expressionment has furnished an expressed Kong Ordinances which correspond

admission of the indefensibility of that part of the Ordinance provid ing for n dissolution of marriage. I ask for leave to lay special stress on the wording of this definition. A Christian marriage" is a mar- riage in the eyes of the Law only when it is a voluntary union for life of one man and one woman to the exclusion of all others. If the contract is one binding for life, in my humble opinion, no act of human agency can be valid to sane- tion the Interposition of a subse quent arrangement destructive of the contract as between one man and one woman to the exclusion of all others. Granted, as we must by the definition of a "Christian marriage," that the contrabt ik a life contract, the very foundation for the Divorce Bill. it wiped ont.

uncompromisingly opposed to the introduction of any law, legalising divorce in Hong Kong.

ad generally with their provisions. to the thought uppermost in the As Acting Attorney General nearly minds of a large number of my twenty one years ago it fell to me to fellow-citizens who are definitely and move the thin reading of the Inter Ordinance. The Act of 1020 repeat

d the Act of 1908 and the Acts amending it, particularly the Act

It is not my purpose to argue of 1998 and re-enacted their net re- salt though not exactly in the same against the provisions of the Bill language or neording to the ramo in Uetail; it is to the principle, of arrangement. The object of the the Bill that I and those for whom Act of 1929, as stated in, Lord I speak are opposed. In this view Hailsham's edition of Halsbury I am supported by a great many was to present the whole body of people in thb Colony who see, as the subiect in a complete form I do, absolutely no reason why This bill has a similar object. It facilities for divorce should be follows the Acte very closely, but, afforded to a very, small number of As stated in the Memorandum of Hong Kong reaidcats to whom the Objects and Reasons, it has been necessary to incorporate special lucal provisions taken from the existing Ordinance.

proposed enactment, is designed to give, in legal phraseology, relief in matrimonial proceedings.

Olass Legislation.

The introduction of this Ordin- ance will necessitate considerable

On several occasions has it been study by auditors, secretaries and argued in this Council that the directors, but speaking generally, Government cannot be a party to any one who is provided with a text class legislation. Yet Section 4 of book on the Act of 1920 tould have the Bill specifically provides, inter little difficulty in ascertaining his alia, that nothing here in shall duties under this Ordinance, which, authorise the Court to make any under Section 367 ott page 140 of degree of dissolution of marriags the print, will not come lato forcé until July 1 next year, I now move tho first reading of the Bill.

The Colonial Secretary seconded and the Bill was read a first time.

Empito 'Brandy. ⠀⠀⠀

except

(a) Where the marriage was either a Christian marriage or the civil equivalent of a Christian marriage; and (b) Where the domicile of the partids to the marriage at the time when the petition was presented was in the Colony."

an acceptable

No Necessity for the Law.

The absence of the usual "ob- jects and reasons" attached to the Bill fails to give any explanation for the introduction of this excep tional legislative measure. The de- ficiency has been rectified by the Honourable the Attorney-General ant the last meeting of the Council. The statement, on behalf of the Government, contains nothing, how- ever; that can carry conviction as to tlio oceanity for the new law. It only emphasizes the point that. the proposta Ordinance is intended to affect persons domiciled in the Colony. The Bill is defended of the kround that Hong Kong has been made in Alanta by peccanthus bands, the inference being that to

In moving the second reading of "Bill" to secure an increased *krade båtshamn the Colony and other

parts of the British Emuire," the In other words, the Bill is aired Attorney General said: This, at affording Christians permanently Bill and the resolution relating to residing in the Colony facilities for obtain divorco in the past the pro a preference on Empire Brady, a breach of the marriage vow the codings would necessarily have which was passed last week, repre- indiasolubility of which both husheen costly. Divorce legislation in sent the contribution the Colony has hand and wife agreed to take at England has been defended on iden beopiaskad to make to the success the altar rail at the time they tical ground that of costly proceed of the Ottawa Conferenbe It, lo enter into the Ble-long engagings before the Houses of Parlia understood that the various Domin-ment for better for worse, forsichtment which imposed great-hardship. ion arcemente concluded at the for poorer, in sickness or in health, on the mass of the population-a Conference contain clauses exclud-ill death do us part." These words bardship which, in the care of, ing from preference. Colonies which Catholics and Anglicans slike have divorce petitioners in Englnad, in (not being precluded by juternation inherited from their pre-Reforma supposed to have been deeply felt.

(Continued on Page 7) Conventions) either record no tion forefathers

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