### Legitimacy Ordinance 《婚生地位條例》

13. Saving
Nothing in this Ordinance shall affect the operation or construction of any disposition coming into operation before the commencement of this Ordinance, or affect any rights under the intestacy of a person dying before the commencement of this Ordinance. 
[cf. 1926 c. 60 s. 10(2) U.K.]

14. Avoidance of doubt
(1) For the avoidance of doubt, it is declared that any person who is the child of—
(a) a modern marriage validated by the Marriage Reform Ordinance (Cap. 178); 
(b) a customary marriage declared to be valid by the Marriage Reform Ordinance (Cap. 178); 
(c) a union of concubinage; or 
(d) a kim tiu marriage entered in accordance with Chinese law and custom applicable thereto in Hong Kong before the appointed day under the Marriage Reform Ordinance (Cap. 178), 
shall be a legitimate child of the marriage or union and shall be deemed always to have been so legitimate, for all purposes. 
(2) In this section, union of concubinage (夫妾關係) means a union of concubinage, entered by a male partner and a female partner before 7 October 1971, under which union the female partner has, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally. (Amended 57 of 1995 s. 14)
(3) Where in any proceedings a union of concubinage is proved to have been entered into by a male partner and a female partner before 7 October 1971, it shall be presumed until the contrary is proved that the female partner has, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally. (Added 57 of 1995 s. 14)

### Married Persons Status Ordinance 《已婚者地位條例》

1. Short title
This Ordinance may be cited as the Married Persons Status Ordinance.

2. Application
(1) Save where otherwise appears, this Ordinance applies to persons who are parties to a marriage, whether married before or after the commencement* of this Ordinance. 
(2)  In subsection (1), marriage (婚姻) means— (Amended E.R. 2 of 2019)
(a) a marriage celebrated or contracted in accordance with the provisions of the Marriage Ordinance (Cap. 181); 
(b) a modern marriage validated by the Marriage Reform Ordinance (Cap. 178); 
(c) a customary marriage declared to be valid by the Marriage Reform Ordinance (Cap. 178); or 
(d) a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed.

Editorial Note:
* Commencement date: 7 October 1971.

3. Capacity of married women
(1) Subject to this Ordinance, a married woman shall—
(a) be capable of acquiring, holding and disposing of, any property; 
(b) be capable of rendering herself, and being rendered, liable in respect of any tort, contract, debt or obligation; 
(c) be capable of suing and being sued, either in tort or in contract or otherwise; and 
(d) be subject to the law relating to bankruptcy and to the enforcement of judgements and orders, 
in all respects as if she were unmarried. [cf. 1935 c. 30 s. 1 U.K.]
(2) A married woman may act as a trustee or personal representative in all respects as if she were unmarried. [cf. 1882 c. 75 s. 18 U.K.]

### Married Persons Status Ordinance 《已婚者地位條例》

4. Property of married women
(1) Subject to this Ordinance, all property which—
(a) immediately before 20 March 1936 was the separate property of a married woman or held for her separate use in equity; or (Amended E.R. 2 of 2019)
(b) belonged or belongs at the time of her marriage to a woman married after that date; or 
(c) after that date has been or is acquired by or devolved or devolves upon a married woman, 
shall belong to her in all respects as if she were unmarried and may be disposed of accordingly. [cf. 1935 c. 30 s. 2 U.K.]
(2) No restriction upon anticipation or alienation attached, whether before or after the commencement* of this Ordinance, to the enjoyment of any property by a woman which could not have been attached to the enjoyment of that property by a man shall be of any effect. 
[cf. 1949 c. 78 s. 1(1) & (2) U.K.] Editorial Note:
* Commencement date: 7 October 1971.

### Married Persons Status Ordinance 《已婚者地位條例》

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.]

Editorial Note:
* Commencement date: 7 October 1971.

6. Questions between husband and wife as to property to be decided in a summary way
(1) In any question between husband and wife as to the title to or possession of property the husband or the wife may apply by summons or otherwise in a summary way to a judge to determine the question. 
(2) On any such application the judge may make such order with respect to the property in dispute and as to the costs of and consequent on the application as he thinks fit, or may direct such application to stand over and any inquiry touching the matters in question to be made in such manner as he thinks fit. 
(3) An order made under subsection (2) shall be subject to appeal in the same way as an order made by the judge in an action in the Court of First Instance would be. (Amended 92 of 1975 s. 59; 25 of 1998 s. 2)
(4) If either party so requests, the judge may hear the application in private. 
[cf. 1882 c. 75 s. 17 U.K.]