TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 28

A BILL

To

Closure No 4

Amend the Matrimonial Causes Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Matrimonial Causes (Amend- Short title. ment) Ordinance 1979.

2.

Section 2 of the principal Ordinance is amended by inserting Amendment of before the definition of "court" the following definition—

(Cap. 178.)

(Cap. 178.)

3.

““adultery” does not include sexual intercourse of a man who is a party to a customary marriage celebrated in accordance with section 7 of the Marriage Reform Ordinance with a concubine (tsip) lawfully taken by him;".

Section 7A of the principal Ordinance is amended-

(a) in subsection (1) by deleting ", and in the case of section 36 a

magistrate's court,"; and

(b) by deleting subsection (2) and substituting the following-

4.

"(2) Where the parties to a marriage which is dissolved in accordance with Part V of the Marriage Reform Ordinance have agreed as to the amount of maintenance to be payable by one of the parties to the other after the dissolution of the marriage and have recorded the terms of that agreement as part of the agree- or memorandum dissolving the marriage, subsection (1) shall not have effect to confer jurisdiction at any time on any court in respect of maintenance for either of the parties to the former marriage.".

section 2. (Cap. 179.)

Amendment of section 7A.

Section 9 of the principal Ordinance is repealed and replaced by Repeal and the following—

"Power to grant

relief limited

to certain

marriages.

(Cap. 178.)

9. Nothing in this Ordinance shall authorize the court to pronounce a decree of divorce, nullity, judicial separation or presumption of death and dissolution of marriage or to make any other order unless the marriage to or in respect of which the decree or order relates was a customary marriage celebrated in accordance with section 7 of the Marriage Reform Ordinance and registered in accordance with Part IV of that Ordinance or was a monogamous marriage.".

replacement of section 9.

Explanatory Memorandum

This Bill 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. This is effected by clause 4, which also takes the opportunity of deleting from the principal Ordinance an obsolete reference to restitution of conjugal rights, which has been abolished.

The matrimonial relief provided by the principal Ordinance includes divorce and damages for adultery. Clause 2 therefore makes it clear that