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THE HONG KONG GOVERNMENT GAZETTE, DECEMBER 6, 1935. 1163
each child of the marriage committed to her custody under paragraph (b) until such child attains the age of sixteen years;
(e) a provision for payment by the husband or his wife, or both of them, of such reasonable costs of the parties or either of them as the magistrate may think fit.
6.-(1) No order shall be made under this Ordinance Limitation of if it is proved that the applicant has committed an act of powers of
magistrate. adultery :
58 & 59 Vict., c. 39, 5. 6.
Provided that the husband or, as the case may be, the wife, of the applicant has not condoned, or connived at, or 15 & 16 Geo. by his or her wilful neglect or misconduct conduced to such 5, c. 51, act of adultery.
(2) No order made under this Ordinance shall be en- forceable and no liability shall accrue under any such order whilst the married woman, and her husband, with respect to whom the order was made, reside together, and any such order shall cease to have effect if for a period of three months after it is made the married woman and her husband continue to reside together.
s. 1 (4).
discharge
7. Any magistrate may on the application of the married Magistrate woman or her husband, and upon cause being shown on fresh may vary or evidence at any time alter, vary or discharge any order made order. under this Ordinance, and may from time to time increase 58 & 59 or diminish the amount of any weekly payment ordered to Vict., c. 39, be made, so that the same does not in any case exceed such weekly sum as might be ordered to be paid under section 5.
If any person who has applied for an order and with respect to whom an order has been made under this Ordinance voluntarily resumes cohabitation with her husband or, as the case may be, with his wife, or commits an act of adultery; such order shall upon proof thereof be discharged:
Provided that if the order was made on the application of a married woman, the magistrate may, if he thinks fit-
(a) refuse to discharge the order if in his opinion such act of adultery as aforesaid was conduced to by the failure of the husband to make such payments as in the opinion of the magistrate he was able to make under the order; and
(b) in the event of the order being discharged, makę a new order that the legal custody of the children of the marriage shall continue to be committed to the wife, and that the husband shall pay to the wife or to the magistrate's clerk or any third person on her behalf a weekly sum not exceeding ten dollars until the child attains the age of sixteen years. In making such an order the magistrate shall have regard primarily to the interests of the children.
s. 7.
may refuse
cases more
8. If in the opinion of a magistrate the matters in Magistrate question between the parties or any of them would be more an order in conveniently dealt with by the Supreme Court, the magistrate may refuse to make an order under this Ordinance, and in fit for the
Supreme such case, without prejudice to the general right of appeal Court. conferred by the Magistrates Ordinance, 1932, no appeal 58 & 59 Vict. shall lie from the magistrate's decision: Provided that the c. 39, s. 10. Supreme Court shall have power by order in any proceeding Ordinance in the Supreme Court relating to or comprising the same 1932, subject matter as the application so refused as aforesaid, or any part thereof, to direct the magistrate to rehear and determine the same.
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