Hong Kong Ordinances

SEPARATION AND MAINTENANCE ORDERS ORDINANCE - SECT 3

Grounds on which married woman may apply

Caution: This is a past version. See the current version here.

(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;

   (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 reasonable maintenance and education for her infant
        children whom he is legally liable to maintain; (Amended 63 of 1986 s.
        2)

   (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 the District
        Court for an order under this Ordinance.

(2) Where the husband has, in the opinion of the District Court, 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. (Amended 35 of 1969 Schedule) [cf.
1895 c. 39 s. 4 U.K.; 1902 c. 28 s. 5(1) U.K.; 1925 c. 51 s. 1(1) &

(2) U.K.]