230505-1936-Supplementary-Bills-read-a-first-time--Married-Women-Tortfeasors-Liquors-Amendment — Page 1

208

LEGISLATIVE COUNCIL.

No. S. 30. The following Bills were read a first time at a meeting of the Council held on the 30th January, 1936 :-

Short title.

Capacity of married

women.

[No. 53-2.412.35.-2.]

A BILL

INTITULED

An Ordinance to amend the law relating to the capacity, property and liabilities of married women and the liabilities of husbands.

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 Married Women Ordinance, 1936.

2. Subject to the provisions of this Ordinance and subject, as respects actions in tort between husband and wife, to the provisions of section 16 of the Married Women's Geo. 5, c. 30 Property Ordinance, 1906, a married woman shall-

25 & 26

8. 1.

Ordinance No. 5 of 1906.

Property of

married

women.

25 & 26

(a) be capable of acquiring, holding and disposing of, any property; and

(b) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation: and

(c) be capable of suing and being sued, either in tort or in contract or otherwise; and

(d) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were a feme sole.

3. Subject to the provisions of this Ordinance all property which—

(a) immediately before the passing of this Ordinance Geo. 5, c. 30, was the separate property of a married woman or held for

her separate use in equity; or

8. 2.

(b) belongs at the time of her marriage to a woman married after the passing of this Ordinance; or

(c) after the passing of this Ordinance is acquired by or devolves upon a married woman,

shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly: Provided that nothing in this sub-section shall interfere with or render inoperative any restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision attaching such restriction contained in any enactment passed before the passing of this Ordinance, or in any instrument executed before the commencement of this Ordinance.