TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 27

HONG KONG

LEGAL REPORT

THE MATRIMONIAL CAUSES (AMENDMENT) ORDINANCE 1979

(No. 63 of 1979)

Enclosure No. 2

This Ordinance applies the provisions of the principal Ordinance to a Chinese customary marriage registered under the Marriage Reform Ordinance (Chapter 178) so that the parties to such a marriage will be eligible for the matrimonial relief, e.g. divorce and maintenance, provided by the principal Ordinance. is effected by section 4, which also takes the opportunity of deleting from the principal Ordinance an obsolete reference to restitution of conjugal rights, which has been abolished.

This

2.

The matrimonial relief provided by the principal Ordinance includes divorce and damages for adultery. Section 2 therefore makes it clear that in relation to customary marriages, adultery does not include the relations of a male spouse with a concubine (tsip) lawfully taken by him.

3. Section 7A (2) of the principal Ordinance excludes the jurisdiction of a court under section 7A(1) to entertain the application of a former wife for maintenance in the circumstances it specifies. Section 3(b) of this Ordinance extends the exclusion to like applications by a former husband.

4. Section 3(a) deletes a reference to section 36, which has been repealed.

5. Before the Governor assented to the Bill in the name and on behalf of Her Majesty, I advised that he could properly do so.

Frederick T. Jonel

Attorney General (Acting).

7° August 1979,

ATTORNEY GENERAL'S CHAMBERS,

HONG KONG.