541479-1905-Ordinances-passed-and-assented-to--Appropriation-No-8-of-1905 — Page 5

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THE HONGKONG GOVERNMENT GAZETTE, 6TH OCTOBER, 1905.

Time limit of power given by sections 3 and 5.

6. No schedule shall be cancelled under section 3 and no entry shall be male in any schedule under section 5, after the 31st day of July, 1907.

Passed the Legislative Commeil of Hongkong, this 28th day of September, 1905.

A. G. M. FLETCHER,

Clerk of Councils,

Assented to by His Excellency the Governor, the 6th day of October, 1905.

T. SERCOMBE SMITH,

Colonial Secretary.

No. 10 or 1905.

An Ordinance relating to the Maintenance of Married Women deserted by their Husbands.

LS

M. NATHAN,

Governor.

[6th October, 1905.]

Short title.

Interpreta- tion of terms.

Power of Magistrate to make orders for

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Coumeil thereof, as follows:-

1. This Ordinance may be cited as the Married Women (Maintenance in case of Desertion) Ordinance, 1905.

ラケ

2. In this Ordinance the expression married woman includes the first wife ("kit fat") or second wife ("tin fong") of any Chinese man married to him in accordance with the laws and enstoms of China and any woman married to a man of Asiatic race (not being Chinese) in accordance with the rites and ceremonies of his religion.

3. Any married woman whose husband shall have deserted her, or whose husband shall have been guilty of persistent cruelty to her, or of wilful neglect to provide maintenance, reasonable maintenance for her or for her infant children whom he is legally liable to maintain, and shall by such cruelty or neglect have caused her to leave and live separately and apart from him, may apply to any Magistrate for an order or orders under this Ordinance.

What orders may be

made.

Limitation as to orders.

4. The Magistrate to whom application is made may make an order or orders containing all or any of the pro- visions following, namely :-

(.) That the applicant be no longer bonul to cohabit with her husband (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty. nuder the law of England).

(b.) That the legal custody of any children of the marriage between the applicant and her hus- band while under the age of sixteen be com- mitted to the applicant.

(c.) That the husband shall pay to the applicaut personally, or to some person on her behalf, for her use, such weekly sam not exceeding $20 as the Magistrate shall, having regard to the means both of the husband and wife, consider reasonable.

(d.) That the costs of the application be paid by the applicant or by the husband or by both.

5. No order shall be made under this Ordinance if it be proved that the applicant has committed an act of adultery Provided that the husband has not condoned or connived at, or by his wilful neglect or misconduct conduced to the act of adultery.

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