222860-1935-Supplementary-Draft-Bills--Separation-and-Maintenance-Orders — Page 1

1886

LEGISLATIVE COUNCIL.

Draft Bills.

No. S. 338.-The following Bills are published for general information :-

Short title.

Interpreta- tion.

Ordinance

No. 35 of 1932.

42 & 43

Vict., c. 19,

s. 3.

2 Edw. 7,

c. 28, s. 5.

15 & 16 Geo. 5, c. 51, s. 3.

Ordinance No. 35 of 1935.

Grounds on

which a married

woman may

apply for an order.

58 & 59

Vict., c. 39, s. 4.

2 Edw. 7. c. 28, s.

(1).

15 & 16 Geo. 5, c. 51, s. 1 (1) & (2).

Ordinance No. 2 of 1865.00

A BILL

[No. 299.10.35.-6.]

INTITULED

An Ordinance to make better provision in this Colony for the granting by magistrates of separation and maintenance orders.

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 Separation and Maintenance Orders Ordinance, 1935.

2. In this Ordinance-

"Wife" and

married woman mean the wife of any man by any Christian marriage or its civil equivalent recog- nised by the law of this Colony, and, where no such marriage subsists, include--

(a) the kit fat or tin fong spouse of any Chinese man, married to him in accordance with the laws or customs of China;

(b) any woman married to any man, not being Chinese, by a non-Christian customary marriage, duly celebrated ac- cording to the personal law and religion of the parties.

"Christian marriage or its civil equivalent" has the same meaning as in the Divorce Ordinance, 1932.

Habitual drunkard" and

drug addict

mean a per- son who is, by reason of habitual intemperate drinking of intoxicating liquor, or habitual taking or using, except upon and in accordance with medical advice, of opium, or any dangerous drug within the meaning of the Dangerous Drugs Ordinance, 1935, at times dangerous to himself or herself or to others, or incapable of managing himself or herself, and his or her affairs.

3. Every married woman whose husband-

(a) has been convicted summarily, under section 38 of the Offences against the Person Ordinance, 1865, of an assault upon her which in the opinion of the convicting magistrate is of an aggravated character;

(b) has been convicted upon indictment of an assault upon her, and sentenced to pay a fine of more than one hundred dollars or to a term of imprisonment exceeding two months;

(c) has deserted her;

(d) has been guilty of persistent cruelty to her or her children;