TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 36

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

C

G.S. 84

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XCR (79)141

at Annex B is designed to restrict a former husband from applying, in the same way that a former wife is restricted. The opportunity has been taken in clause 3(a) of deleting a reference to section 36 of the Ordinance, which has been repealed.

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Clause 4 of the bill repeals and replaces section 9 of the principal Ordinance. This amendment is consequential upon the repeal and replacement of section 15 of the Marriage Reform Ordinance, i. e. to enable a registered customary marriage to be dissolved in the same way as a registered modern marriage (see paragraph 4). In replacing section 9, clause 4 omits an obsolete reference to restitution of conjugal rights, a remedy which has been abolished.

Matrimonial Proceedings and Property (Amendment) Bill 1979 - Annex C

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As is fully explained in the Explanatory Memorandum of the bill, the single amendment effected by this bill is to enable a court hearing matrimonial petitions to revoke an existing maintenance order made by another court, so that parties are not compelled to go back to that other court. The amendment will bring the law into conformity with that in the United Kingdom. It was suggested by the Director of Legal Aid and is clearly desirable.

Consultation

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The Rural Committees of the New Territories, the Bar Association and the Law Society have been consulted on the bills at Annex A and Annex B. The Judiciary, the Bar Association and the Law Society have been consulted on the bill at Annex C.

Public relations aspect

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It is believed that all three bills, which are primarily intended to facilitate the granting of matrimonial relief, will be generally welcomed. A press release will be issued to draw attention to and explain the amendments.

Staffing and additional expenditure

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The enactment of these bills will not result in any additional staffing requirements or public expenditure.

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