Notice of change of address.
15 & 16 Geo. 5, c. 51, s. 4.
Enforcement of orders as
to custody of
children.
15 & 16 Geo.
5, c. 51, s. 5,
Ordinance No. 41 of 1932.
Procedure.
Ordinance No. 41 of 1932.
1976
(2) Any such order shall be enforced in like manner as if it were a final order of the magistrate.
10. Any person for the time being under an obligation to make payments, including costs, under an order under this Ordinance shall give notice to such persons, if any, as may be specified in the order of any change of address, and any person failing to give such notice without reasonable excuse shall be liable on summary conviction to a fine not exceeding fifty dollars.
11. Where an order under this Ordinance contains a provision committing to the applicant the legal custody of any children of the marriage, a copy of the order may be served upon any person in whose actual custody the children may for the time being be, and thereupon the provision may, with- out prejudice to any other remedy open to the applicant, be enforced under subsection (2) of section 34 of the Magis- trates Ordinance, 1932, as if it were an order of the magis- trate requiring that person to give up the children to the applicant.
12. All applications under this Ordinance shall be made and be dealt with and all orders be enforced in accordance with the Magistrates Ordinance, 1932.
Repeal of Ordinance No. 10 of 1905.
13. The Married Women (Desertion) Ordinance, 1905, is repealed.
Objects and Reasons.
The object of this Ordinance is to incorporate in the local law relating to husband and wife the amendments effected in England by the Married Women (Maintenance) Act, 1920, (10 & 11 Geo. 5, c. 63), the Summary Jurisdiction (Separation and Maintenance) Act, 1925, (15 & 16 Geo. 5, c. 51), and section 5 of the Licensing Act, 1902, (2 Edw. 7, c. 28), (relating to habitual drunkards).
2. The definition of "married woman in Section 2 of this Ordinance makes it clear that the Ordinance is intended to apply primarily to the parties to a marriage as defined in the Divorce Ordinance, 1932, but the provisions of section 2 of Ordinance No. 10 of 1905 extending the operation of that Ordinance to Chinese and other customary marriages "duly celebrated according to the personal law and religion of the parties have been retained for the benefit of the large non- European population of this Colony. The racial distinction between Asiatics and others contained in section 2 of Ordi- nance No. 10 of 1905 has however been abolished, except as regards a Chinese first (or kit fat) marriage, or a marriage between a Chinese widower and his second (or tin fong) spouse, where it is necessary to define the two recognised forms of Chinese customary marriage.
3. The Married Women (Desertion) Ordinance, 1905, is repealed by Section 13 of this Ordinance, and its provisions. recast, together with the amendments, as shown in the attached Table of Correspondence.
October, 1935.
C. G. ALABASTER,
Attorney General.
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