Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 2

Interpretation

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

In this Ordinance, unless the context otherwise requires- "adultery" (通姦)
does not include sexual intercourse of a man who is a party to a customary
marriage celebrated in accordance with section 7 of the
Marriage Reform Ordinance ( Cap 178) with a concubine (tsip) lawfully taken by
him; (Added 63 of 1979 s. 2) "court" (法院) means the Supreme Court or the
District Court; (Replaced 79 of 1981 s. 5) "deported" (遞解離境) includes
being prohibited from landing in Hong Kong, being obliged to leave Hong Kong
by reason of the refusal to grant or renew, or the revocation of, a permit to
remain in Hong Kong and an order of expulsion; "matrimonial cause"
(婚姻訴訟) means any proceedings for-

   (a)  divorce;

   (b)  nullity;

   (c)  judicial separation;

   (d)  presumption of death and dissolution of marriage;

   (e)  (Repealed 80 of 1997 s. 81)

   (f)  (Repealed 80 of 1997 s. 81)

   (g)  (Repealed 29 of 1995 s. 2) "monogamous marriage"
        (一夫一妻制婚姻) means a marriage which was-

   (a)  if it took place in Hong Kong-

        (i)    celebrated or contracted in accordance with the provisions of
               the Marriage Ordinance ( Cap 181);

        (ii)   a modern marriage validated by section 8 of the Marriage 
               Reform Ordinance ( Cap 178) and registered under Part IV of
               that Ordinance; or (Replaced 68 of 1970 s. 26)

   (b)  if it took place outside Hong Kong, celebrated or contracted in
        accordance with the law in force at the time and in the place where
        the marriage was performed and recognized by such law as involving the
        voluntary union for life of one man and one woman to the exclusion of
        all others; "property" (財產) means any real or personal property,
        any estate or interest in real or personal property, any money, any
        negotiable instrument, any prescribed instrument within the meaning of
        section 137B of the Banking Ordinance ( Cap 155), debt or other chose
        in action, and any other right or interest whether in possession or
        not; (Amended 94 of 1993 s. 39) [cf. 1965 c. 72 s. 26(6) U.K.] "the
        Proctor" (代訴人) means the Attorney General. [cf. 1965 c. 72 s.
        46(2) U.K.] "adultery" (通姦) "court" (法院) "deported"
        (遞解離境) "matrimonial cause" (婚姻訴訟) "monogamous
        marriage" (一夫一妻制婚姻) "property" (財產) "the Proctor"
        (代訴人)