192987-1932-Supplementary-Draft-Bills--Marriage-Amendment — Page 2

C.S.O. / in 5658/31.

777

[No. 18-18.8.32.-7.]

A BILL

INTITULED

An Ordinance to confer on the Supreme Court Jurisdiction in

Divorce and Matrimonial causes.

BE it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Divorce Short title. Ordinance, 1932.

tation.

2. In this Ordinance, unless there is something repugnant Interpre- in the subject or context,

"The court" means the Supreme Court or a Judge

thereof;

"Minor children" means unmarried children who in the

opinion of the court have not attained the age of twenty-one years;

"Desertion" implies an abandonment against the wish of

the person charging it.

to be

3. Subject to the provisions contained in this Ordinance, Principles the court shall in all suits and proceedings hereunder act and of law give relief on principles which in the opinion of the court applied. are, as nearly as may be, conformable to the principles on which the High Court of Justice in England for the time being acts and gives relief in matrimonial proceedings.

4.-(1) Nothing herein shall authorise the court to Extent of make any decree of dissolution of marriage 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 parties to the marriage at the time when the petition was presented was in the Colony.

(2) Nothing herein shall authorise the court to make any decree of nullity of marriage except where the marriage to which the decree relates purported to have been celebrated in the Colony and to have been a Christian marriage or its civil equivalent.

(3) Nothing herein shall authorise the court to make any decree of judicial separation or of restitution of conjugal rights except where the marriage was a Christian marriage or its civil equivalent and where both the parties to the marriage were in the Colony at the time of the commencement of pro- ceedings.

power to grant relief.