1950_SEPARATION_AND_MAINTENANCE_ORDERS_ORDINANCE — Page 2

HK Historical Laws 香港歷史法例 All AI Reviewed

十

Separation and Maintenance Orders.

[CAP. 16

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

(e) has been guilty of wilful neglect to provide reasonable maintenance for her or her infant children whom he is legally liable to maintain;

(f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her;

(g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict, may apply to a magistrate for an order under this Ordinance.

(2) Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled her so to submit herself.

Grounds on which

4. The husband of every married woman who- (a) has been guilty of persistent cruelty to his children; husband may (b) is a habitual drunkard or a drug addict, may apply to a magistrate for an Ordinance.

2 Edw. 7. c. 28, s. 5 (2).

order under this 15 & 16 Geo.

5. On any application under section 3 or 4, the magistrate may make one or more orders containing all or any of the following provisions—

(a) that the applicant be no longer bound to cohabit with her husband, or, as the case may be, that the applicant be no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty);

(b) that the legal custody of any children of the marriage be committed to the husband, or to his wife; (c) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf,

5, c. 51,

s. 1 (3).

Powers of 58 & 59 Vict.,

Magistrate.

c. 39, s. 5. 10 & 11 Geo. 5, c. 63, s. 1.

such weekly sum, not exceeding two hundred and fifty dollars, as the magistrate having regard to the means both of the husband and his wife considers reasonable;

42 of 1948, s. 2.

343

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十 Separation and Maintenance Orders. [CAP. 16 (c) has deserted her; (d) has been guilty of persistent cruelty to her or her children; (e) has been guilty of wilful neglect to provide reasonable maintenance for her or her infant children whom he is legally liable to maintain; (f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her; (g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict, may apply to a magistrate for an order under this Ordinance. (2) Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitution, he shall, for the purposes of this section, be deemed to have compelled her so to submit herself. Grounds on which 4. The husband of every married woman who- (a) has been guilty of persistent cruelty to his children; husband may (b) is a habitual drunkard or a drug addict, may apply to a magistrate for an Ordinance. 2 Edw. 7. c. 28, s. 5 (2). order under this 15 & 16 Geo. 5. On any application under section 3 or 4, the magistrate may make one or more orders containing all or any of the following provisions— (a) that the applicant be no longer bound to cohabit with her husband, or, as the case may be, that the applicant be no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty); (b) that the legal custody of any children of the marriage be committed to the husband, or to his wife; (c) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, 5, c. 51, s. 1 (3). Powers of 58 & 59 Vict., Magistrate. c. 39, s. 5. 10 & 11 Geo. 5, c. 63, s. 1. such weekly sum, not exceeding two hundred and fifty dollars, as the magistrate having regard to the means both of the husband and his wife considers reasonable; 42 of 1948, s. 2. 343

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十 Separation and Maintenance Orders. [CAP. 16 (c) has deserted her; (d) has been guilty of persistent cruelty to her or her children; (e) has been guilty of wilful neglect to provide reason- able maintenance for her or her infant children whom he is legally liable to maintain; (f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her; (g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict, may apply to a magistrate for an order under this Ordinance. (2) Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitu- tion, he shall, for the purposes of this section, be deemed to have compelled her so to submit herself. Grounds on which apply. 4. The husband of every married woman who- (a) has been guilty of persistent cruelty to his children; husband may (b) is a habitual drunkard or a drug addict, may apply to a magistrate for an Ordinance. 2 Edw. 7. c. 28, s. 5 (2). order under this 15 & 16 Geo. 5. On any application under section 3 or 4, the magis- trate may make one or more orders containing all or any of the following provisions— (a) that the applicant be no longer bound to cohabit with her husband, or, as the case may be, that the applicant be no longer bound to cohabit with his wife (which provision while in force shall have the effect of a decree of judicial separation on the ground of cruelty); (b) that the legal custody of any children of the mar- riage be committed to the husband, or to his wife; (c) that the husband shall pay to his wife, or to the magistrate's clerk or any third person on her behalf, 5, c. 51, s. 1 (3). Powers of 58 & 59 Vict., Magistrate. c. 39, s. 5. 10 & 11 Geo. 5, c. 63, s. 1. such weekly sum, not exceeding two hundred and 42 of 1948, s. 2. fifty dollars, as the magistrate having regard to the means both of the husband and his wife considers reasonable; 343

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十

Separation and Maintenance Orders.

[CAP. 16

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

children;

(e) has been guilty of wilful neglect to provide reason- able maintenance for her or her infant children whom he is legally liable to maintain;

(f) has, while suffering from a venereal disease, and knowing that he was so suffering, insisted on having sexual intercourse with her;

(g) has compelled her to submit herself to prostitution; (h) is a habitual drunkard, or a drug addict, may apply to a magistrate for an order under this Ordinance.

(2) Where the husband has, in the opinion of the magistrate, been guilty of such conduct as was likely to result and has resulted in her submitting herself to prostitu- tion, he shall, for the purposes of this section, be deemed to have compelled her so to submit herself.

Grounds on which

apply.

2 Edw. 7. c. 28, s. 5 (2).

order under this 15 & 16 Geo.

5. On any application under section 3 or 4, the magis- trate may make one or more orders containing all or any of the following provisions—

(b) that the legal custody of any children of the mar- riage be committed to the husband, or to his wife; (c) that the husband shall pay to his wife, or to the

magistrate's clerk or any third person on her behalf,