Hong Kong Ordinances

SEPARATION AND MAINTENANCE ORDERS ORDINANCE - SECT 3

Grounds on which an application for a s. 5 order may be made

(Past version on 30/06/1997).

(1) Where a married person-

   (a)  has been convicted summarily of an assault upon the other party 
        to the marriage which in the opinion of the convicting magistrate is
        of an aggravated character;

   (b)  has been convicted whether on indictment or summarily of an assault
        upon the other party to the marriage, and sentenced to pay a fine of
        more than $500 or to a term of imprisonment exceeding 2 months;

   (c)  has deserted the other party to the marriage;

   (d)  has been guilty of persistent cruelty to the other party to the 
        marriage or that party's children;

   (e)  has failed to provide reasonable maintenance for the other 
        party to the marriage or reasonable maintenance and education for that
        party's children whom the married person is legally liable to
        maintain;

   (f)  has, while suffering from a venereal disease, and knowing that he or
        she was so suffering, insisted on having sexual intercourse with the
        other party to the marriage;

   (g)  has compelled the other party to the marriage to submit to
        prostitution;

   (h)  is a habitual drunkard, or a drug addict, that other party may apply
        to the District Court for an order under this Ordinance.

(2) For the purpose of subsection (1)(g), where a married person has, in the
opinion of the District Court, been guilty of such conduct as was likely to
result and has resulted in the other party to the marriage submitting to
prostitution, that person shall be deemed to have compelled the
other party to the marriage so to submit. (Replaced 69 of 1997 s. 10)