TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 43

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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 in relation to

customary marriages, adultery does not include the relations of a male spouse with a concubine (tsip) lawfully taken by

him.

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. Clause 3(2) extends the

exclusion to like applications by a former husband.

Clause 3(1) deletes a reference to section 36,

which has been repealed.

The Bill has no financial or staffing implications.