1964_SEPARATION_AND_MAINTENANCE_ORDERS_ORDINANCE — Page 3

CAP. 16]

Separation and Maintenance Orders

[1986 Ed.

CHAPTER 16

Originally 49 of 1935.

(Cap. 16, 1950.)

42 of 1948.

9 of 1950.

15 of 1962.

23 of 1968.

43 of 1968.

SEPARATION AND MAINTENANCE ORDERS

To make better provision in the Colony for the granting by the District Court of separation and maintenance orders.

(Amended, 35 of 1969, Schedule)

[6 December 1935.]

35 of 1969.

28 of 1971.

33 of 1972.

15 of 1977.

63 of 1986.

Short title.

Interpretation.

1879 c. 19, s. 3. 1902 c. 28, s. 5. 1925 c. 51, s. 3.

(Cap. 134.)

(Cap. 181.)

(Cap. 178.)

(Cap. 184.)

Grounds on which married woman may apply.

1895 c. 39, s. 4.

1902 c. 28, s. 5(1).

1925 c. 51, s. 1(1) & (2).

1. This Ordinance may be cited as the Separation and Maintenance Orders Ordinance.

2. In this Ordinance, unless the context otherwise requires— “habitual drunkard” and “drug addict" mean a person who is, by reason of habitual intemperate drinking of intoxicating liquor, or habitual taking or using, except upon and in accordance with medical advice, of opium, or any dangerous drug within the meaning of the Dangerous Drugs Ordinance, at times dangerous to himself or herself or to others, or incapable of managing himself or herself, and his or her affairs;

"husband" means the husband or partner of a wife or married woman;

"wife" and "married woman" mean the wife or partner of a man by—

(a) a marriage celebrated or contracted in accordance with the provisions of the Marriage Ordinance;

(b) a modern marriage validated by the Marriage Reform Ordinance;

(c) a customary marriage declared to be valid by the Marriage Reform Ordinance;

(d) a union of concubinage as defined by section 14 of the Legitimacy Ordinance;

(e) a kim tiu marriage entered in accordance with Chinese law and custom applicable thereto in Hong Kong before the appointed day under the Marriage Reform Ordinance; or (f) a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed.

(Amended, 28 of 1971, s. 19)

3. (1) Every married woman whose husband— (a) has been convicted summarily of an assault upon her which in the opinion of the convicting magistrate is of an aggravated character; (Amended, 15 of 1962, s. 2)

(b) has been convicted upon indictment of an assault upon her, and sentenced to pay a fine of more than $100 or to a term of imprisonment exceeding 2 months;