Cap. 16activeordinance

Separation and Maintenance Orders Ordinance

分居令及贍養令條例

Full legislation

s.3

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

(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.