4576-1906-Bills-read-a-first-time--Married-Women-s-Property — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, MAY 18, 1906.

Moneys payable

under policy of assurance not to formI part of estate of the insured.

(M.W.P. Act. 1882,

section 11.)

Remedies of married woman for protection and security

of

separate property.

(M.W.P.

Act, 1882.

give validity as against creditors of the husband to any gift, by a husband to his wife, of any property, which, after such gift, shall continue to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in frand of his creditors; but any moneys so deposited or invested may be followed as if this Ordinance had not passed.

15. A married woman may by virtue of the power of making contracts herein-before contained effect a policy upon her own life or the life of her husband for her separate use; and the same and all benefit thereof shall enure accord- ingly.

A policy of assurance effected by any man on his own life and expressed to be for the benefit of his wife, or of his children, or of his wife and children, or any of them, or by any woman on her own life, and expressed to be for the benefit of her husband, or of her children, or of her husband and children, or any of them, shall create a trust in favour of the objects therein named, and the moneys payable under any such policy shall not, so long as any object of the trust remains unperformed, form part of the estate of the insured, or be subject to his or her debts: Provided that if it shall be proved that the policy was effected and the premiums paid with intent to defrand the creditors of the insured, they shall be entitled to receive, out of the moneys payable under the policy, a sum equal to the premiums so paid. The in- sured may by the poliey, or by any memorandum under his or her hand, appoint a trustee or trustees of the moneys payable under the policy, and from time to time appoint a new trustee or new trustees thereof, and may make provi- sion for the appointment of a new trustee or new trustees thereof, and for the investment of the moneys payable under any such policy. In default of any such appointment of a trustec, such policy, immediately on its being effected, shall vest in the insured and his or her legal personal representatives, in trust for the purposes aforesaid. If, at the time of the death of the insured, or at any time after- wards, there shall be no trustee, or it shall be expedient to appoint a new trustee or new trustees, a trustee or trustees or a new frusec or new trustees may be appointed by any Court having jurisdiction under the provisions of the Trustee Ordinance, 1901, or any Ordinanec amending or extending the same. The receipt of a trustee or trustees duly appointed, or in default of any such appointment, or in default of notice to the insurance office, the receipt of the legal personal representative of the insured shall be a discharge to the office for the sum secured by the policy, or for the value thereof, in whole or in part.

18. Every woman, whether married before or after this Ordinance, shall have in her own name against all persons whomsoever, including her husband, the same civil remedies, and also (subject, as regards her husband, to the proviso hereinafter contained) the same remedies and redress by way of criminal proceedings, for the protection and security of her own separate property, as if such property belonged to her as a feme sole, but, except as aforesaid, no husband section 12.)

or wife shall be entitled to sue the other for a tort. In any indictment or other proceeding under this section it shall be sufficient to allege such property to be her property; and in any proceeding under this section a husband or wife shall be competent to give evidence against each other, any statute or rule of law to the contrary notwithstanding : Provided always, that no criminal proceeding shall be taken by any wife against her husband by virtue of this Ordinance while they are living together, as to or concerning uny property claimed by her, nor while they are living apart, as to or concerning any act done by the husband while they were living together, concerning property claimed by the wife, unless such property shall have been wrongfully taken by the husband when leaving or deserting, or about to leave or desert, his wife.

Costs may be ordered to be paid out of property

17. In any action or proceeding now or hereafter insti- tuted by a woman or by a next friend on her behalf, the Court before which such action or proceeding is pending subject to shall have jurisdiction by judgment or order from time to restraint on time to order payment of the costs of the opposite party anticipation. out of property which is subject to a restraint on anticipa- tion, and may enforce such payment by the appointment of a receiver and the sale of the property or otherwise as may be just.

(M.W.P. Act, 1893, section 2.)

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