Hong Kong Ordinances

MARRIED PERSONS STATUS ORDINANCE - SECT 5

Actions in tort between husband and wife

(1) Subject to this section, each of the parties to a marriage shall have the
like right of action in tort against the other as if they were unmarried. [cf.
1962 c.48 s.1(1) U.K.]

(2) Where an action in tort is brought by one of the parties to a marriage
against the other during the subsistence of the marriage, the court may stay
the action if it appears-

   (a)  that no substantial benefit would accrue to either party from the
        continuation of the proceedings; or

   (b)  that the question or questions in issue could more conveniently be
        disposed of on an application made under section 6. [cf. 1962 c.48
        s.1(2) U.K.]

(3) Without prejudice to subsection (2)(b), the court may, in such an action,
either exercise any power which could be exercised on an application under
section 6 or give such directions as it thinks fit for the disposal under that
section of any question arising in the proceedings.

(4) The references in subsection (1) to the parties to a marriage include
references to the persons who were parties to a marriage which has been
dissolved. [cf. 1962 c.48 s.3(3) U.K.]

(5) This section does not apply to any cause of action which arose, or would
but for the subsistence of a marriage have arisen, before the commencement of
this Ordinance. [cf. 1962 c.48 s.3(4) U.K.]