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Old 15-05-2011, 07:47 AM
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All you need to know about the WOMEN'S CHARTER

Source: Singapore Statutes Online
(Last update: 15/04/2011. Changes to legislation after 15/04/2011 will be updated on 15/5/2011.)
(brought to you by the Attorney-General's Chambers and the Managing for Excellence Office, MOF)


PART I PRELIMINARY

1 Short title

2 Interpretation

3 Application



PART II MONOGAMOUS MARRIAGES

4 Disability to contract marriages

5 Void marriages

6 Offence

7 Continuance of marriage



PART III SOLEMNIZATION OF MARRIAGES

8 Persons by whom marriages may be solemnized

9 Avoidance of marriages where either party is under minimum age for marriage

10 Marriages within prohibited degrees

11 Avoidance of marriages by subsisting prior marriage

12 Avoidance of marriages between persons of same sex

13 Consents

14 Notice of marriage

15 Signature on notice by person unable to write or to understand English language

16 Notice to be filed and published

17 Registrar to issue marriage licence on proof of conditions by statutory declaration

18 Marriage to take place within 3 months


19 Caveat

20 Proceedings if caveat entered

21 Special marriage licence

22 Requirements for valid marriage

23 Solemnization of marriages

24 Religious ceremony



PART IV REGISTRATION

25 Registration of marriages

26 Appointment of Registrar, Assistant Registrars and Deputy Registrars

27 Books and registers

28 Registration of marriage solemnized by Registrar

29 Registration of marriage not solemnized by Registrar

30 Registration where parties have not appeared within prescribed time

31 Copy of entry to be given

32 Unlawful registers

33 Legal effect of registration



PART V PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO SOLEMNIZATION AND REGISTRATION OF MARRIAGES

34 Omission to appear before Deputy Registrar within prescribed time

35 Contravention of section 32

36 Interference with marriage

37 False oath, etc., for procuring marriage

38 False allegation in caveat

39 Unauthorised solemnization of marriage

40 Offences relating to solemnization of marriages

41 Destroying or falsifying register of marriages

42 Consent for prosecution

43 Correction of errors

44 Inspection and search

45 Proof



PART VI RIGHTS AND DUTIES OF HUSBAND AND WIFE

46 Rights and duties

47 Abolition of wife’s dependent domicile

48 Conciliation Officers

49 Duty of judge to consider possibility of reconciliation

50 Court may refer parties for mediation or to attend counselling

51 Capacity of married women

52 Property of woman to be held by her as feme sole

53 Loans by wife to husband

54 Money and property derived from housekeeping allowance


55 Gifts by husband to wife

56 Remedies of married woman for protection and security of property

57 Wife"s antenuptial debts and liabilities

58 Actions in tort between husband and wife

59 Questions between husband and wife as to property to be decided in summary way

60 Married woman as an executrix or trustee

61 Saving of existing settlements and power to make future settlements

62 Legal representative of married woman

63 Liability for breach of trust



PART VII PROTECTION OF FAMILY

64 Interpretation of this Part

65 Protection order

66 Expedited order

67 Supplementary provisions with respect to orders under sections 65 and 66



PART VIII MAINTENANCE OF WIFE AND CHILDREN

68 Duty of parents to maintain children

69 Court may order maintenance of wife and children

70 Duty to maintain child accepted as member of family

71 Enforcement of maintenance order

72 Rescission and variation of order

73 Power of court to vary agreement for maintenance of child

74 Application of section 121

75 Application of Act to orders made under repealed Minor Offences Ordinance, etc.


76 Power of District Court or Magistrate’s Court to refuse order where High Court proceedings more convenient

77 Appeal

78 Powers of High Court

79 Procedure


PART IX ENFORCEMENT OF MAINTENANCE ORDERS

80 Interpretation of this Part

81 Power of court to make attachment of earnings order

82 Nature of attachment of earnings order

83 Effect of attachment of earnings order

84 Duty of defendant and employer to comply with attachment of earnings order


85 Additional powers of court in attachment of earnings order proceedings

86 Obligation of defendant and employer to notify changes of employment and earnings

87 Power of court to determine what are earnings

88 Payment of money under attachment of earnings order

89 Earnings paid by Government or out of Consolidated Fund

90 Costs of proceedings

91 Penalties for non-compliance with attachment of earnings order and for giving false notice or statement



PART X CHAPTER 1 — DIVORCE

92 Interpretation of this Part

93 Jurisdiction of court in matrimonial proceedings

94 Restriction on filing of writ for divorce during first 3 years of marriage

95 Irretrievable breakdown of marriage to be sole ground for divorce

96 Rules to provide for agreements to be referred to court


97 Intervention of Attorney-General

98 Relief for defendant in divorce proceedings

99 Interim judgment and proceedings thereafter

100 Proceedings for interim judgment of presumption of death and divorce


PART X CHAPTER 2 — JUDICIAL SEPARATION

101 Judicial separation

102 Judicial separation no bar to writ for divorce

103 Judicially separated spouses not entitled to claim in intestacy of each other


PART X CHAPTER 3 — NULLITY OF MARRIAGE

104 Writ for nullity of marriage

105 Grounds on which marriage is void

106 Grounds on which marriage is voidable

107 Bars to relief where marriage is voidable

108 Marriage governed by foreign law

109 Application of sections 97 and 99 to nullity proceedings

110 Effect of judgment of nullity in case of voidable marriage

111 Legitimacy of children of annulled marriages


PART X CHAPTER 4 — FINANCIAL PROVISIONS CONSEQUENT ON MATRIMONIAL PROCEEDINGS

112 Power of court to order division of matrimonial assets

113 Power of court to order maintenance

114 Assessment of maintenance

115 Power of court to order security for maintenance

116 Compounding of maintenance


117 Duration of orders for maintenance

118 Power of court to vary orders for maintenance

119 Power of court to vary agreements for maintenance

120 Maintenance payable under order of court to be inalienable

121 Recovery of arrears of maintenance


PART X CHAPTER 5 — WELFARE OF CHILDREN

122 Meaning of “child”

123 Arrangements for welfare of children

124 Custody of children

125 Paramount consideration to be welfare of child

126 Orders subject to conditions

127 Power of court to order maintenance for children

128 Power of court to vary order for custody

129 Power of court to vary agreement for custody

130 Court to have regard to advice of welfare officers, etc.

131 Power of court to restrain taking of child out of Singapore

132 Power of court to set aside and prevent dispositions intended to defeat claims to maintenance


PART X CHAPTER 6 — GENERAL PROVISIONS

133 Procedure

134 Evidence

135 Sittings in camera

136 Power to rescind interim judgment in certain cases

137 Appeals

138 Power to allow intervention on terms

139 Power to make rules
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  #2  
Old 15-05-2011, 07:48 AM
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Re: All you need to know about the WOMEN'S CHARTER

Source: Singapore Statutes Online
(Last update: 15/04/2011. Changes to legislation after 15/04/2011 will be updated on 15/5/2011.)
(brought to you by the Attorney-General's Chambers and the Managing for Excellence Office, MOF)



PART XI OFFENCES AGAINST WOMEN AND GIRLS

140 Offences relating to prostitution

141 Traffic in women and girls

142 Importation of woman or girl by false pretences

143 Permitting girl below the age of 16 to use premises for sexual penetration

144 Permitting mental defective to use premises for sexual penetration


145 Causing or encouraging prostitution of, sexual penetration with, or indecent assault on, girl below the age of 16

146 Persons living on or trading in prostitution

147 Suppression of places of assignation

148 Suppression of brothels

149 Notice to owner and occupier

150 Determination of tenancy of places on conviction for permitting use as brothel, etc.

151 Demolition of structural contrivances for facilitating the running of a place of assignation or of a brothel


152 Authority of courts to issue arrest and search warrants

153 Trials in camera in certain cases

154 Trial of offences

155 Detention pending judicial proceedings

156 Director may examine women and girls and person in charge of them

157 Inspection

158 Security on departure of woman or girl from Singapore


159 Woman or girl below the age of 21 trained or used for immoral purposes, etc.

160 Director may order detention of woman or girl in certain cases

161 Period of detention of woman or girl in place of safety

162 Marriage not to be contracted without consent of Director

163 Women and girls in urgent need of refuge

164 Transfer of women or girls from one place of safety to another place of safety within Singapore

165 Removal of women or girls to Malaysia, Brunei Darussalam or Hong Kong by order of Minister

166 Appeal

167 Women and girls may be received into and detained in Singapore

168 Women and girls so received to be subject to local law

169 Women and girls detained to be subject to rules


170 Director may cause persons to be photographed

171 Power to summon and examine persons in certain circumstances

172 Record of evidence

173 Power of search

174 Power of arrest and seizure

175 Presumption arising out of warrants

176 Appointment of officers

177 Minister may establish places of safety


178 Boards of Visitors

179 Discharge Committees


PART XII MISCELLANEOUS

180 Rules

181 Marriages solemnized before 15th September 1961 deemed to be registered under this Act

182 Voluntary registration of marriages solemnized under religion or custom

183 Recognition of marriages contracted in Embassies, etc., in Singapore

184 Validity of customary marriages contracted on or after 15th September

1961 and before 2nd June 1967
185 Saving for petitions presented before 1st June 1981

186 Savings for proceedings before 1st May 1997




FIRST SCHEDULE
KINDRED AND AFFINITY PROHIBITED DEGREES OF RELATIONSHIP


SECOND SCHEDULE
CONSENTS REQUIRED TO THE MARRIAGE OF A MINOR


LEGISLATION HISTORY
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Old 15-05-2011, 07:51 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART I
PRELIMINARY


Short title
1. This Act may be cited as the Women’s Charter.

Interpretation
2. In this Act, unless the context otherwise requires —

"brothel" means any place occupied or used by any 2 or more women or girls whether at the same time or at different times for the purpose of prostitution;

"club" means any place which is used by an association of 2 or more persons for any purpose or object;

"Conciliation Officer" means a Conciliation Officer appointed under section 48;

"Deputy Registrar" means a Deputy Registrar of Marriages appointed under section 26;

"Director" means the Director of Social Welfare appointed under section 3(1) of the Children and Young Persons Act (Cap. 38) and includes any person who is authorised by him to perform any of the duties or exercise any of the powers of the Director under this Act;

"married woman" means a woman validly married under any law, religion, custom or usage;

"minor" means a person who is below the age of 21 years and who is not married or a widower or widow;

"occupier" of a place means the tenant, sub-tenant or lessee thereof or any person in charge of the place, whether or not he is in actual occupation and whether he has or does not have powers to let or sub-let;

"owner" of a place means a person who, for the time being, has power or authority to let, hire, sell or convey the place to another person, or who receives the rent of the place whether on his own account or as an agent or a trustee for any other person;

"place" means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;

"place of assignation" means any place where communication is established with any woman or girl, either directly or through an intermediary, for any immoral purpose;

"place of public resort" means any place to which the public for the time being has access;

"place of safety" means any place of safety established under section 177;

"prostitution" means the act of a female offering her body for sexual penetration for hire, whether in money or in kind;

"register of marriages" means the State Marriage Register kept under this Act;

"Registrar" means the Registrar of Marriages appointed under section 26 and includes an Assistant Registrar of Marriages;

"sexual penetration" means the penetration of the vagina, anus or mouth of a woman or girl by a man’s penis, or the sexual penetration of the vagina or anus of a woman or girl by a part of another person’s body (other than the penis) or by anything else;

"solemnization" , with its grammatical variations and cognate expressions, includes the contracting of a marriage or effecting a marriage in accordance with the law, religion, custom or usage of the parties or any of the parties thereto.

[9/67; 14/69;30/96;20/2001;51/2007]

Application

3. —(1) Except as otherwise provided, this Act shall apply to all persons in Singapore and shall also apply to all persons domiciled in Singapore. [26/80]

(2) Parts II to VI and Part X and sections 181 and 182 shall not apply to any person who is married under, or to any marriage solemnized or registered under, the provisions of the Muslim law or of any written law in Singapore or in Malaysia providing for the registration of Muslim marriages.[9/67]

(3) Notwithstanding subsection (2), sections 4, 5 and 6 shall apply to any person who contracts or purports to contract any such marriage during the subsistence of a marriage registered or deemed to be registered under the provisions of this Act or which was contracted under a law providing that or in contemplation of which the marriage is monogamous.[9/67]

(4) No marriage between persons who are Muslims shall be solemnized or registered under this Act.[9/67]

(5) For the purposes of this Act, a person who is a citizen of Singapore shall be deemed, until the contrary is proved, to be domiciled in Singapore.
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Old 15-05-2011, 07:53 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART II
MONOGAMOUS MARRIAGES


Disability to contract marriages

4. —(1) Every person who on 15th September 1961 is lawfully married under any law, religion, custom or usage to one or more spouses shall be incapable during the continuance of that marriage or marriages of contracting a valid marriage under any law, religion, custom or usage with any person other than such spouse or spouses. [9/67]

(2) Every person who on 15th September 1961 is lawfully married under any law, religion, custom or usage to one or more spouses and who subsequently ceases to be married to that spouse or all the spouses shall, if he thereafter marries again, be incapable during the continuance of that marriage of contracting a valid marriage with any other person under any law, religion, custom or usage. [9/67]

(3) Every person who on 15th September 1961 is unmarried and who after that date marries under any law, religion, custom or usage shall be incapable during the continuance of that marriage of contracting a valid marriage with any other person under any law, religion, custom or usage. [9/67]

(4) Nothing in this section shall affect the operation of Part III in relation to marriages solemnized in Singapore after 15th September 1961. [9/67]

Void marriages
5. —(1) Every marriage contracted in Singapore or elsewhere in contravention of section 4 shall be void. [9/67;26/80]

(2) If any male person lawfully married under any law, religion, custom or usage shall, during the continuance of that marriage, contract a union with a woman, that woman shall have no right of succession or inheritance on the death intestate of such male person. [9/67]

(3) Nothing in this section shall affect the liability of any person to pay such maintenance as may be directed to be paid by him under any written law.

Offence
6. Any person lawfully married under any law, religion, custom or usage who during the continuance of that marriage purports to contract a marriage in Singapore or elsewhere under any law, religion, custom or usage in contravention of section 4 shall be deemed to commit the offence of marrying again during the lifetime of the husband or wife, as the case may be, within the meaning of section 494 of the Penal Code (Cap. 224).[26/80]

Continuance of marriage
7. Every marriage solemnized in Singapore after 15th September 1961, other than a marriage which is void under the provisions of this Act, shall continue until dissolved —

(a) by the death of one of the parties;

(b) by order of a court of competent jurisdiction; or

(c) by a declaration made by a court of competent jurisdiction that the marriage is null and void. [9/67]
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Old 15-05-2011, 08:04 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART III
SOLEMNIZATION OF MARRIAGES


Persons by whom marriages may be solemnized
8. (1) A marriage may be solemnized by the Registrar or any other person to whom a licence to solemnize marriages under this section has been granted by the Minister.

(2) The Minister may grant a licence to any suitable person to solemnize marriages in Singapore.

Avoidance of marriages where either party is under minimum age for marriage
9. A marriage solemnized in Singapore or elsewhere between persons either of whom is below the age of 18 years shall be void unless the solemnization of the marriage was authorised by a special marriage licence granted by the Minister under section 21.
[26/80]

Marriages within prohibited degrees
10. (1) A marriage solemnized in Singapore or elsewhere between a man and any of the persons mentioned in the first column of the First Schedule, or between a woman and any of the persons mentioned in the second column of that Schedule, shall be void.
[9/67;26/80]

(2) Notwithstanding subsection (1) and the First Schedule, the Minister may, in his discretion, grant a licence under this section for a marriage to be solemnized, notwithstanding the kindred or affinity of the parties, if the Minister is satisfied that the marriage is valid under the law, religion, custom or usage which would have been applicable to the parties thereto if this Act had not been enacted.
[9/67;30/96]

(3) A marriage solemnized under such a licence shall be valid.
[9/67;30/96]

Avoidance of marriages by subsisting prior marriage
11. A marriage solemnized in Singapore or elsewhere between persons either of whom, at the date of the marriage, is married under any law, religion, custom or usage to any other person shall be void.
[26/80]

Avoidance of marriages between persons of same sex

12. (1) A marriage solemnized in Singapore or elsewhere between persons who, at the date of the marriage, are not respectively male and female shall be void.
[30/96]

(2) It is hereby declared that, subject to sections 5, 9, 10, 11 and 22, a marriage solemnized in Singapore or elsewhere between a person who has undergone a sex re-assignment procedure and any person of the opposite sex is and shall be deemed always to have been a valid marriage.
[30/96]

(3) For the purpose of this section

(a) the sex of any party to a marriage as stated at the time of the marriage in his or her identity card issued under the National Registration Act (Cap. 201) shall be prima facie evidence of the sex of the party; and

(b) a person who has undergone a sex re-assignment procedure shall be identified as being of the sex to which the person has been re-assigned.
[30/96]

(4) Nothing in subsection (2) shall validate any such marriage which had been declared by the High Court before 1st May 1997 to be null and void on the ground that the parties were of the same sex.
[30/96]

Consents
13. (1) Subject to this section, a marriage licence under section 17 or a special marriage licence under section 21 for the marriage of a minor shall not be issued or granted without the consent of a person mentioned in the Second Schedule who is authorised to give such consent.
[26/80]

(2) If the Registrar or, in the case of a proposed marriage by special marriage licence, the Minister is satisfied that the consent of any person whose consent is so required cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability

(a) the necessity for the consent of that person shall be dispensed with, if there is any other person whose consent is also required; and

(b) if the consent of no other person is required, the Registrar or the Minister may dispense with the necessity of obtaining any consent, or the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent cannot be so obtained.
[26/80]

(3) If any person whose consent is required refuses his consent, the High Court may, on application being made, consent to the marriage, and the consent of the High Court so given shall have the same effect as if it had been given by the person whose consent is so refused.

(4) An application to the High Court under this section shall be made to a judge in chambers.

(5) When an application is made to the High Court in consequence of a refusal to give consent, notice of the application shall be served upon the person who refused to give consent.

(6) Notwithstanding anything to the contrary in this Part, consent to the marriage of a minor shall not be necessary if the minor has been previously married.

(7) There shall be no appeal from an order of a judge under this section.

Notice of marriage
14. Whenever any persons desire to marry in Singapore, one of the parties to the intended marriage shall sign and give to the Registrar a notice in the prescribed form.
[9/67]

Signature on notice by person unable to write or to understand English language
15. If the person giving the notice under section 14 is unable to write or is insufficiently acquainted with the English language, or both, then it shall be sufficient if he places his mark or cross thereon in the presence of some literate person who shall attest the same, which attestation shall be in the prescribed form.

Notice to be filed and published
16. (1) Upon receipt of a notice under section 14, the Registrar shall cause the notice to be filed serially by electronic media or other means.
[30/96]

(2) The Registrar shall also cause a computer print-out or summary of all notices filed during the day to be displayed in an electronic terminal in a conspicuous place in his office and shall keep the same so displayed until he issues a marriage licence under section 17, or until 3 months have elapsed.
[30/96]

Registrar to issue marriage licence on proof of conditions by statutory declaration
17. (1) The Registrar shall, at any time after the expiration of 21 days and before the expiration of 3 months from the date of the notice and upon payment of the prescribed fee, issue a marriage licence in the prescribed form.
[26/80]

(2) The Registrar shall not issue a marriage licence until he has been satisfied by statutory declaration made by each of the parties to the proposed marriage

(a) that one of the parties has been resident within Singapore for at least 15 days preceding the date of the notice;

(b) that

(i) each of the parties is 21 years of age or above, or, if not, is divorced or is a widower or widow or has had his or her previous marriage declared null and void, as the case may be; or

(ii) if either party is a minor who has not been previously married the consent of the appropriate person mentioned in the Second Schedule has been given in writing, or has been dispensed with, or the consent of the High Court has been given in accordance with section 13;

(c) that neither party is below the age of 18 years;

(d) that there is no lawful impediment to the marriage; and

(e) that neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted.
[9/67;26/80]

(3) If any party giving a notice of marriage or making a statutory declaration does not understand the English language, the Registrar shall, before issuing the marriage licence, ascertain whether that party is cognizant of the purport of the notice or declaration and, if not, shall interpret or cause to be interpreted the notice or declaration to that party into some language which he understands.
[26/80]

Marriage to take place within 3 months
18. If the marriage does not take place within 3 months after the date of the notice, the notice and all proceedings consequent thereupon shall be void, and fresh notice shall be given before the parties can lawfully marry.
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Old 15-05-2011, 08:05 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART III
SOLEMNIZATION OF MARRIAGES


Caveat
19. —(1) Any person may, on payment of the prescribed fee, enter a caveat with the Registrar against the issue of a licence for the marriage of any person named in the caveat and notice of whose intended marriage has been given to the Registrar.[26/80]

(2) A caveat entered under this section shall contain the name and place of residence of the person entering the caveat and the grounds of objection upon which the caveat is founded and shall be signed by the person entering the caveat.

Proceedings if caveat entered
20. —(1) If a caveat is entered in accordance with section 19, the Registrar shall not issue a licence for the marriage against which the caveat has been entered unless —

(a) after examining into the matter of the said objection, the Registrar is satisfied that it ought not to obstruct the issue of the licence for the marriage; or

(b) the caveat is withdrawn by the person who entered it.[26/80]

(2) In cases of doubt, it shall be lawful for the Registrar to refer the matter of any caveat referred to in subsection (1) to the High Court which shall decide upon the same.

(3) Where the Registrar has refused to issue the marriage licence, the person applying for the same shall have a right of appeal to the High Court which shall thereupon either confirm the refusal or direct the issue of the marriage licence.[26/80]

(4) The High Court may examine the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.

(5) The proceedings under this section shall be before a judge in chambers.

(6) There shall be no appeal from a decision of a judge under this section.

(7) If the Registrar or the High Court declares the grounds of objection to be frivolous and such as ought not to obstruct the issue of the marriage licence, the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit by the party against whose marriage the caveat was entered. [26/80]

Special marriage licence
21. —(1) The Minister, upon proof being made to him by statutory declaration that there is no lawful impediment to the proposed marriage, and upon his being satisfied that the necessary consent, if any, to the marriage has been obtained, or that the consent has been dispensed with or given under section 13 may, if he thinks fit, dispense with the giving of notice and with the issue of a marriage licence, and may grant a special marriage licence in the prescribed form authorising the solemnization of a marriage between the parties named in that licence. [26/80]

(2) The Minister may, in his discretion, grant a special marriage licence under this section authorising the solemnization of a marriage although any party to the marriage is below the age of 18 years. [26/80]

(3) If the marriage authorised by a special marriage licence under this section is not solemnized within one month from the date of the licence, the licence shall become void. [26/80]

(4) The Minister may delegate his powers under this section to any person, subject to such conditions as he may think fit to impose.

Requirements for valid marriage
22. —(1) Every marriage solemnized in Singapore shall be void unless it is solemnized —

(a) on the authority of a valid marriage licence issued by the Registrar or a valid special marriage licence granted by the Minister; and

(b) by the Registrar or a person who has been granted a licence to solemnize marriages. [26/80]

(2) Every marriage shall be solemnized in the presence of at least 2 credible witnesses.

(3) No marriage shall be solemnized unless the person solemnizing the marriage is satisfied that both the parties to the marriage freely consent to the marriage.

Solemnization of marriages

23. A marriage solemnized by the Registrar or any person licensed to solemnize marriages may be solemnized according to such form and ceremony as the Registrar or the person solemnizing the marriage sees fit to adopt and in some part of the ceremony he shall request each of the parties to the marriage to declare that he or she is willing to take the other party as his or her wedded wife or husband, as the case may be. [26/80]

Religious ceremony
24. —(1) If the parties to any marriage contracted and solemnized under this Act or under any previous written law relating to Christian or civil marriages shall desire to add to the marriage so contracted and solemnized the religious ceremony ordained or used by the church or temple of which the parties or one of them are members or is a member, it shall be competent for them to present themselves for that purpose to a clergyman, minister or priest of such church or temple, having given notice to that clergyman, minister or priest of their intention to do so; and that clergyman, minister or priest, upon the production of a certified copy of the certificate of the marriage, may, if he sees fit, read or celebrate the marriage service of the church or temple to which he belongs.

(2) Nothing in the reading or celebration of such service under subsection (1) shall be held to supersede or invalidate any marriage so previously contracted and solemnized, nor shall such reading or celebration be entered as a marriage in any register of marriages kept according to the provisions of this Act.

(3) Where a person is under expectation of death and desires to have a religious ceremony of marriage between himself and any person performed, it shall be lawful for the clergyman, minister or priest of the church or temple to which he belongs to read or celebrate the marriage service of that church or temple.

(4) The reading or celebration of such service under subsection (3) shall not be deemed to be a solemnization of marriage for the purposes of this Act and shall not be entered as a marriage in any register of marriages kept according to the provisions of this Act.
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  #7  
Old 15-05-2011, 08:09 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART IV
REGISTRATION


Registration of marriages
25. Every marriage solemnized in Singapore after 15th September 1961 shall be registered in accordance with the provisions of this Part.

Appointment of Registrar, Assistant Registrars and Deputy Registrars

26. —(1) The Minister may appoint any public officer either by name or office to be the Registrar of Marriages or an Assistant Registrar of Marriages for the purposes of this Act.

(2) The Minister may appoint by name or office such number of Deputy Registrars as may be necessary for the purposes of this Act.

(3) The Minister may appoint by name or office such other officers as may be necessary for carrying this Part into effect.

(4) The Registrar and every Assistant Registrar and Deputy Registrar appointed under this section shall be deemed to be public servants within the meaning of the Penal Code (Cap. 224).

Books and registers
27. —(1) The Registrar shall keep a State Marriage Register as prescribed by this Act.[30/96]

(2) The Registrar shall cause all certificates of marriage issued under this Act to be bound together to form a State Marriage Register.

Registration of marriage solemnized by Registrar
28. —(1) Every marriage solemnized by the Registrar shall immediately after the solemnization thereof be registered by the Registrar in the certificate of marriage.[30/96]

(2) The entry of such marriage in the certificate of marriage shall —

(a) be signed by the Registrar solemnizing the marriage, and by the persons married; and

(b) be attested by 2 credible witnesses, other than the Registrar solemnizing the marriage, present at the solemnization.[30/96]

Registration of marriage not solemnized by Registrar

29. —(1) The parties to a marriage which is not solemnized by the Registrar shall —

(a) appear before a Deputy Registrar within one month of the marriage;

(b) produce to the Deputy Registrar such evidence of the marriage either oral or documentary as the Deputy Registrar may require;

(c) furnish such particulars as may be required by the Deputy Registrar for the due registration of the marriage; and

(d) apply in the prescribed form for the registration of the marriage to be effected. [9/67]

(2) The Deputy Registrar shall register a marriage by entering the particulars thereof in a certificate of marriage. [30/96]

(3) The entry of the marriage in the certificate of marriage shall —

(a) be signed by the Deputy Registrar who made the entry and the parties to the marriage; and

(b) be attested by 2 credible witnesses present at the solemnization of the marriage. [30/96]

(4) The Deputy Registrar registering the marriage shall send the certificate of marriage within 3 days of the registration of the marriage to the Registrar. [14/69]

Registration where parties have not appeared within prescribed time
30. Where the parties to a marriage have not appeared before a Deputy Registrar within the time prescribed by section 29, the marriage may, with the consent in writing of the Registrar, be registered by a Deputy Registrar on payment of such penalty as may be prescribed.[9/67]

Copy of entry to be given
31. On the completion of the registration of any marriage, the Registrar or the Deputy Registrar shall deliver to the bride a copy of the certificate of marriage duly signed and sealed with his seal of office.

Unlawful registers
32. No person other than the Registrar or a Deputy Registrar shall —

(a) keep any book being or purporting to be a register kept in accordance with the provisions of this Act; or

(b) issue to any person any document being or purporting to be a copy of a certificate of a marriage or a certificate of a marriage registered by the Registrar or a Deputy Registrar.

Legal effect of registration
33. Nothing in this Act shall be construed to render valid or invalid merely by reason of its having been or not having been registered any marriage which otherwise is invalid or valid.
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  #8  
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Re: All you need to know about the WOMEN'S CHARTER

PART V
PENALTIES AND MISCELLANEOUS PROVISIONS RELATING TO SOLEMNIZATION AND REGISTRATION OF MARRIAGES


Omission to appear before Deputy Registrar within prescribed time

34. (1) Any person who, being required by section 29 to appear before a Deputy Registrar, fails to do so within the prescribed time shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.[26/80]

(2) The Registrar may, in his discretion, compound any such offence by collecting from the person reasonably suspected of having committed the same a sum not exceeding $400.[26/80]

Contravention of section 32
35. Any person who contravenes section 32 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both.

Interference with marriage

36. Any person who uses any force or threat

(a) to compel a person to marry against his will; or

(b) to prevent a person who has attained the age of 21 years from contracting a valid marriage,

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

False oath, etc., for procuring marriage
37. Any person who for the purpose of procuring any marriage under this Act intentionally makes any false declaration or signs any false notice or certificate required by this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

False allegation in caveat

38. (1) Any person who enters a caveat against the issue by the Registrar of a marriage licence and makes any false representation in or in support of the caveat knowing or believing such representation to be false or not having reason to believe it to be true shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

(2) Any person who enters a caveat against the issue of a marriage licence and pretends or falsely represents himself to be a person whose consent to the marriage is required by law knowing or believing such pretence or representation to be false or not believing it to be true shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 3 years or to both.

Unauthorised solemnization of marriage
39. Any person who, not being authorised thereto under this Act, solemnizes or purports to solemnize any marriage shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 10 years and shall also be liable to a fine not exceeding $15,000.[9/67]

Offences relating to solemnization of marriages
40. (1) Any person who knowingly and contrary to this Act solemnizes or purports to solemnize or officiates at a marriage

(a) without first receiving a marriage licence or a special marriage licence;

(b) otherwise than in the presence of at least 2 credible witnesses other than the person solemnizing the marriage; or

(c) after the expiration of 3 months from the date of the notice of marriage given under section 14,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine not exceeding $5,000. [9/67;26/80]

(2) The Registrar or any Assistant Registrar who knowingly and contrary to this Act issues any marriage licence

(a) without publishing the notice of marriage as required by section 16;

(b) when a caveat has been entered under section 19 without having first complied with section 20; or

(c) contrary to section 17,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine not exceeding $5,000.[26/80]

(3) Any person who marries or purports to marry or goes through a form of marriage with any person contrary to any of the provisions of Part III shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine not exceeding $5,000.[9/67]

Destroying or falsifying register of marriages
41. Any person who by himself or another

(a) wilfully destroys or causes damage to any register of marriages or any certificate in that register or any part thereof or any authenticated extract therefrom;

(b) falsely makes or counterfeits any part of such register or certificate; or

(c) wilfully inserts any false entry in any register or certificate or authenticated extract,

shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 7 years and shall also be liable to a fine not exceeding $10,000.

Consent for prosecution

42. No prosecution for any offence punishable under this Part shall be instituted except with the consent of the Public Prosecutor.[9/67]

Correction of errors
43. (1) If the Registrar is satisfied by statutory declaration or otherwise that any entry relating to a marriage is erroneous in form or substance, he may, in the presence of the persons married, or, if they are absent, in the presence of 2 credible witnesses, correct the error by ruling through any entry in the certificate of marriage which is erroneous and making the correct entry therein.[30/96]

(2) The Registrar or the Deputy Registrar shall sign and date the correction made in the certificate of marriage.[30/96]

(3) Every entry made under subsection (1) shall be attested by the witnesses in whose presence it was made.

Inspection and search
44. (1) Every marriage register and index kept by the Registrar under the provisions of this Act shall be open to inspection upon payment of the prescribed fee by any person applying to inspect the same.

(2) The Registrar shall upon payment of the prescribed fee furnish to any person requiring the same a copy of any entry certified under his hand and seal of office.

Proof
45. Every marriage register kept by the Registrar or a Deputy Registrar under the provisions of this Act and any copy of any entry therein certified under his hand and seal of office to be a true copy or extract shall be prima facie evidence in all courts and tribunals in Singapore of the dates and acts contained or set out in such marriage register, copy or extract.
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  #9  
Old 15-05-2011, 08:22 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART VI
RIGHTS AND DUTIES OF HUSBAND AND WIFE

Rights and duties
46. —(1) Upon the solemnization of marriage, the husband and the wife shall be mutually bound to co-operate with each other in safeguarding the interests of the union and in caring and providing for the children.

(2) The husband and the wife shall have the right separately to engage in any trade or profession or in social activities.

(3) The wife shall have the right to use her own surname and name separately.

(4) The husband and the wife shall have equal rights in the running of the matrimonial household.

Abolition of wife’s dependent domicile
47. —(1) Subject to subsection (2), the domicile of a married woman as at any time on or after 1st June 1981 shall, instead of being the same as her husband’s by virtue only of marriage, be ascertained by reference to the same factors as in the case of any other individual capable of having an independent domicile.
[26/80]

(2) Where immediately before 1st June 1981 a woman was married and then had her husband’s domicile by dependence, she is to be treated as retaining that domicile (as a domicile of choice, if it is not also her domicile of origin) unless it is changed by acquisition or revival of another domicile either on or after that date.
[26/80]

Conciliation Officers
48. —(1) The Minister may appoint such public officers as he thinks fit to be Conciliation Officers for the purposes of this Act and shall from time to time publish in the Gazette the names of the officers so appointed.

(2) Where there are differences between the parties to a marriage, the parties or either of them may refer the differences to a Conciliation Officer for his advice and assistance.

(3) A Conciliation Officer may by notice in writing require any party to a marriage to attend before him at any reasonable time and at any convenient place for the purposes of settling differences between the parties to the marriage and such person shall be legally bound to attend as required and to answer any questions relating to those differences, truthfully and to the best of his ability. [26/80]

Duty of judge to consider possibility of reconciliation
49. —(1) A court before which —

(a) proceedings for divorce or judicial separation;

(b) proceedings, instituted by a party to a subsisting marriage, under section 59, 65, 66 or 69,

are being heard shall consider, from time to time, the possibility of a reconciliation of the parties. [30/96]

(2) If, during such proceedings, it appears to the judge from the nature of the case, the evidence in the proceedings or the attitude of the parties that there is a reasonable possibility of a reconciliation of the parties, the judge may do all or any of the following:

(a) adjourn the proceedings to give the parties the opportunity to consider a reconciliation or to enable anything to be done in accordance with paragraph (b) or (c);

(b) with the consent of the parties, interview them in chambers, with or without their solicitors, as the judge thinks proper, to assist in a possible reconciliation; and

(c) nominate a Conciliation Officer or some other suitable person or organisation to assist in considering a possible reconciliation. [30/96]

(3) If, not less than 14 days after an adjournment under subsection (2), either of the parties requests that the hearing be proceeded with, the judge shall resume the hearing, or arrangements shall be made for the proceedings to be dealt with by another judge, as the case requires, as soon as practicable. [30/96]

(4) Where a judge has acted as conciliator under subsection (2)(b) but the attempt to effect a reconciliation has failed, the judge shall not, except at the request of the parties to the proceedings, continue to hear the proceedings, or determine the proceedings, and, in the absence of such a request, arrangements shall be made for the proceedings to be dealt with by another judge. [30/96]

(5) Evidence of anything said, or of any admission made, in the course of an endeavour to effect a reconciliation under this section shall not be admissible in any court. [30/96]

Court may refer parties for mediation or to attend counselling
50. —(1) A court before which any proceedings under this Act (other than proceedings under section 104) are being heard may give consideration to the possibility of a harmonious resolution of the matter and for this purpose may, with the consent of the parties, refer the parties for mediation by such person as the parties may agree or, failing such agreement, as the court may appoint. [30/96]

(2) A court before which any proceedings under this Act (other than proceedings under section 65 or 66) are being heard may, if it considers that it is in the interests of the parties or their children to do so, at any stage in the proceedings direct or advise either or both of the parties or their children to attend counselling provided by such person as the Minister may approve or as the court may direct. [30/96]

(3) Failure to comply with any direction or advice referred to in subsection (2) does not constitute a contempt of court. [30/96]

(4) Evidence of anything said, or of any admission made, in the course of any mediation or any counselling under this section shall not be admissible in any court. [30/96]

Capacity of married women
51. Subject to the provisions of this Act, 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 in her own name either in tort or in contract or otherwise and shall be entitled to all remedies and redress for all purposes; and

(d) be subject to the law relating to bankruptcy and to the enforcement of judgments and orders,

in all respects as if she were a feme sole.[9/67]

Property of woman to be held by her as feme sole
52. —(1) Subject to the provisions of this Act, all property which —

(a) immediately before 15th September 1961 was the property (including the separate property) of a married woman or held for her separate use in equity;

(b) belongs at the time of her marriage to a woman married after 15th September 1961; or

(c) after 15th September 1961 is acquired by or devolves upon a married woman,

shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly.

(2) Nothing in subsection (1) shall —

(a) be construed as affecting adversely the right of any married woman to any property which she had immediately before 15th September 1961; or

(b) interfere with or render inoperative any valid restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision contained in any written law in force immediately before 15th September 1961, or in any instrument executed before that date.

(3) Any instrument executed on or after 15th September 1961 shall, in so far as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.

(4) For the purposes of this section relating to restrictions upon anticipation or alienation —

(a) an instrument attaching such a restriction as aforesaid, executed on or after 15th September 1961, in pursuance of an obligation imposed before that date to attach such a restriction, shall be deemed to have been executed before that date;

(b) a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and

(c) the will of any testator who dies after 15th September 1961, shall (notwithstanding the actual date of the execution thereof) be deemed to have been executed after that date.

Loans by wife to husband
53. Any money or other estate of the wife, lent or entrusted by her to her husband for the purpose of any trade or business carried on by him or otherwise, shall be treated as assets of her husband’s estate in the case of his bankruptcy under reservation of the wife’s claim to a dividend as a creditor for the amount or value of such money or other estate after, but not before all claims of the other creditors of the husband for valuable consideration in money or money’s worth have been satisfied.

Money and property derived from housekeeping allowance
54. If any question arises as to the right of a husband or wife to money derived from any allowance made by the husband for the expenses of the matrimonial home or for similar purposes, or to any property acquired out of that money, the money or property shall, in the absence of any agreement between them to the contrary, be treated as belonging to the husband and the wife in equal shares.
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  #10  
Old 15-05-2011, 08:25 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART VI
RIGHTS AND DUTIES OF HUSBAND AND WIFE

Gifts by husband to wife
55. —(1) Nothing in this Part shall give validity, as against creditors of the husband, to any gift by a husband to his wife of any property which, after such gift, continues to be in the order and disposition or reputed ownership of the husband, or to any deposit or other investment of moneys of the husband made by or in the name of his wife in fraud of his creditors.

(2) Any money deposited or invested in the manner referred to in subsection (1) may be followed as if this Act had not been passed.

Remedies of married woman for protection and security of property
56. —(1) Every married woman shall have in her own name against all persons whomsoever, including her husband, the same civil remedies and also, subject as regards her husband to subsection (3), the same remedies and redress by way of criminal proceedings for the protection and security of her own property as if that property belonged to her as a feme sole.[9/67]

(2) In any charge or other proceeding under this section, it shall be sufficient to allege that property to be her property.

(3) No criminal proceedings shall be taken against a husband or wife while they are living together as to or concerning any property claimed by her or him respectively nor while they are living apart as to or concerning any act done by the husband or wife while they were living together concerning property claimed by the wife or husband respectively unless that property has been wrongly taken by the husband or wife when leaving or deserting or about to leave or desert the wife or husband respectively.[9/67]

(4) In any action or proceeding by a woman or by a next friend on her behalf, the court before which that action or proceeding is pending shall have jurisdiction by judgment or order to order payment of the costs of the opposite party out of property which is subject to a restraint on anticipation, and may enforce such payment by the appointment of a receiver and the sale of the property or otherwise as is just.

Wife"s antenuptial debts and liabilities
57. —(1) A woman after her marriage shall continue to be liable for all debts contracted and all contracts entered into or wrongs committed by her before her marriage, including any sums for which she is liable as a contributory, either before or after she has been placed on the list of contributories under and by virtue of the Companies Act (Cap. 50).[9/67]

(2) A woman referred to in subsection (1) may be sued for any such debt and for any liability in damages or otherwise under any such contract or in respect of any such wrong.

Actions in tort between husband and wife
58. —(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 not married.[9/67]

(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 59.[9/67]

(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 59, or give such directions as it thinks fit for the disposal under that section of any question arising in the proceedings.[9/67]

Questions between husband and wife as to property to be decided in summary way
59. —(1) In any question between husband and wife as to the title to or possession of property, either party may apply by summons or otherwise in a summary way to any Judge of the High Court, and 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 the application to stand over, and any inquiry touching the matters in question to be made in such manner as he thinks fit.[16/93]

(2) Any order made under this section shall be subject to appeal in the same way as an order made by the same Judge in an action pending in the High Court.

(3) The Judge may, if either party so requires, hear any such application in his chambers.

(4) An application may be made under this section by either of the parties to a marriage notwithstanding that their marriage has been dissolved or annulled so long as the application is made within the period of 3 years beginning with the date on which the marriage was dissolved or annulled.

(5) References in this section to a husband or a wife shall be construed accordingly.[26/80]

Married woman as an executrix or trustee
60. A married woman who is an executrix or administratrix, alone or jointly with any other person or persons, of the estate of any deceased person, or a trustee alone or jointly as aforesaid of property subject to any trust, may sue or be sued, and may transfer or join in transferring any movable or immovable property belonging to the estate or trust without her husband as if she were a feme sole.

Saving of existing settlements and power to make future settlements
61. —(1) Nothing in this Part shall interfere with or affect any settlement or agreement for a settlement made or to be made, whether before or after marriage, respecting the property of any married woman, or shall interfere with or render inoperative any restriction against anticipation at present attached or to be hereafter attached to the enjoyment of any property or income by a woman under any settlement, agreement for a settlement, will or other instrument.

(2) No restriction against anticipation contained in any settlement or agreement for a settlement of a woman"s own property, to be made or entered into by herself, shall have any validity against debts contracted by her before marriage, and no settlement or agreement for a settlement shall have any greater force or validity against creditors of that woman than a like settlement or agreement for a settlement made or entered into by a man would have against his creditors.

Legal representative of married woman
62. For the purposes of this Part, the legal personal representative of any married woman shall, in respect of her estate, have the same rights and liabilities as she would have, and be subject to the same jurisdiction as she would be, if she were living.
[9/67]

Liability for breach of trust
63. The provisions of this Part as to liabilities of married women shall extend to all liabilities by reason of any breach of trust or devastavit committed by any married woman being a trustee or an executrix or administratrix either before or after her marriage, and her husband shall not be subject to those liabilities unless he has acted or intermeddled in the trust or administration.
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  #11  
Old 15-05-2011, 08:30 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART VII
PROTECTION OF FAMILY

Interpretation of this Part
64. In this Part, unless the context otherwise requires —

"applicant" means the person who applies for a protection order or, where the application is made by a person referred to in section 65(10), the child or incapacitated person on whose behalf the application is made;

"court" means a District Court or a Magistrate’s Court;

"expedited order" means an order made under section 66(1);

"family member" , in relation to a person, means —

(a) a spouse or former spouse of the person;

(b) a child of the person, including an adopted child and a step-child;

(c) a father or mother of the person;

(d) a father-in-law or mother-in-law of the person;

(e) a brother or sister of the person; or

(f) any other relative of the person or an incapacitated person who in the opinion of the court should, in the circumstances, in either case be regarded as a member of the family of the person;

"family violence" means the commission of any of the following acts:

(a) wilfully or knowingly placing, or attempting to place, a family member in fear of hurt;

(b) causing hurt to a family member by such act which is known or ought to have been known would result in hurt;

(c) wrongfully confining or restraining a family member against his will; or

(d) causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member,

but does not include any force lawfully used in self-defence, or by way of correction towards a child below 21 years of age;

"hurt" means bodily pain, disease or infirmity;

"incapacitated person" means a person who is wholly or partially incapacitated or infirm, by reason of physical or mental disability or ill-health or old age;

"protected person" means a person who is protected under a protection order;

"protection order" means an order made under section 65;

"relative" includes a person who is related through marriage or adoption;

"shared residence" means the premises at which the parties are, or have been, living together as members of the same household.[30/96]

Protection order
65. —(1) The court may, upon satisfaction on a balance of probabilities that family violence has been committed or is likely to be committed against a family member and that it is necessary for the protection of the family member, make a protection order restraining the person against whom the order is made from using family violence against the family member.[30/96]

(2) An application for a protection order may be made by the family member concerned or any person referred to in subsection (10).[30/96]

(3) A protection order may be made subject to such exceptions or conditions as may be specified in the order and for such term as may be specified.[30/96]

(4) The court, in making a protection order, may include a provision that the person against whom the order is made may not incite or assist any other person to commit family violence against the protected person.[30/96]

(5) A protection order may, where the court is satisfied on a balance of probabilities that it is necessary for the protection or personal safety of the applicant, provide for such orders as the court thinks fit having regard to all the circumstances of the case, including any one or more of the following orders:

(a) the granting of the right of exclusive occupation to any protected person of the shared residence or a specified part of the shared residence by excluding the person against whom the order is made from the shared residence or specified part thereof, regardless of whether the shared residence is solely owned or leased by the person against whom the order is made or jointly owned or leased by the parties;

(b) referring the person against whom the order is made or the protected person or both or their children to attend counselling provided by such body as the Minister may approve or as the court may direct; and

(c) the giving of any such direction as is necessary for and incidental to the proper carrying into effect of any order made under this section.[30/96]

(6) Except so far as the exercise by the person against whom a protection order is made of a right to the shared residence is suspended or restricted, or prohibited or restrained, by virtue of an order made under subsection (5), such order shall not affect any title or interest that the person against whom the order is made or any other person might have in the residence.[30/96]

(7) Where a person against whom a protection order or an expedited order has been made contravenes the order, the court may, in addition to any penalty provided for under subsection (8), make, as the case may be, any one or more of the orders under subsection (5), to commence from such date as is specified in such new order.[30/96]

(8) Any person who wilfully contravenes a protection order or an expedited order or an order made by virtue of subsection (5), except an order made by virtue of subsection (5)(b), shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.[30/96]

(9) Any failure to comply with an order made by virtue of subsection (5)(b) shall be punishable as a contempt of court.[30/96]

(10) In the case of a child below the age of 21 years or an incapacitated person, an application under this section or section 66 may be made by a guardian or relative or person responsible for the care of the child or incapacitated person, as the case may be, or by any person appointed by the Minister.[30/96]

(11) An offence under subsection (8) shall be deemed to be a seizable offence within the meaning of the Criminal Procedure Code (Cap. 68).
[30/96]

Expedited order
66. —(1) Where, upon an application for a protection order under section 65, the court is satisfied that there is imminent danger of family violence being committed against the applicant, the court may make the protection order notwithstanding —

(a) that the summons has not been served on the respondent or has not been served on the respondent within a reasonable time before the hearing of the application; or

(b) that the summons requires the respondent to appear at some time or place.[30/96]

(2) An expedited order shall not take effect until the date on which notice of the making of the order is served on the respondent in such manner as may be prescribed or, if the court has specified a later date as the date on which the order is to take effect, that later date, and an expedited order shall cease to have effect on whichever of the following dates occurs first:

(a) the date of the expiration of a period of 28 days beginning with the date of the making of the order; or

(b) the date of commencement of the hearing of the application for an order under this section.[30/96]

(3) Notwithstanding subsection (2), the court may extend the duration of the expedited order.[30/96]

Supplementary provisions with respect to orders under sections 65 and 66
67. —(1) The court shall, on an application made by the applicant or the person against whom a protection order or an expedited order is made, have power by order to vary, suspend or revoke such order.[30/96]

(2) Rules of Court may be made for the purpose of giving effect to sections 65 and 66 and any such Rules may, in particular, make provision for the hearing without delay of any application for an order under section 65(5)(a).
[30/96]

(3) The expiry by virtue of section 66(2) of an expedited order shall not prejudice the making of a further expedited order under that section.
[30/96]
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  #12  
Old 15-05-2011, 10:30 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART VIII
MAINTENANCE OF WIFE AND CHILDREN

Duty of parents to maintain children
68. Except where an agreement or order of court otherwise provides, it shall be the duty of a parent to maintain or contribute to the maintenance of his or her children, whether they are in his or her custody or the custody of any other person, and whether they are legitimate or illegitimate, either by providing them with such accommodation, clothing, food and education as may be reasonable having regard to his or her means and station in life or by paying the cost thereof.[30/96]

Court may order maintenance of wife and children
69. —(1) Any married woman whose husband neglects or refuses to provide her reasonable maintenance may apply to a District Court or a Magistrate’s Court and that Court may, on due proof thereof, order the husband to pay a monthly allowance or a lump sum for her maintenance.[30/96]

(2) A District Court or a Magistrate’s Court may, on due proof that a parent has neglected or refused to provide reasonable maintenance for his child who is unable to maintain himself, order that parent to pay a monthly allowance or a lump sum for the maintenance of that child.[30/96]

(3) An application for the maintenance of a child under subsection (2) may be made by —

(a) any person who is a guardian or has the actual custody of the child;

(b) where the child has attained the age of 21 years, by the child himself;

(c) where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years; or

(d) any person appointed by the Minister.[30/96]

(4) The court, when ordering maintenance for a wife or child under this section, shall have regard to all the circumstances of the case including the following matters:

(a) the financial needs of the wife or child;

(b) the income, earning capacity (if any), property and other financial resources of the wife or child;

(c) any physical or mental disability of the wife or child;

(d) the age of each party to the marriage and the duration of the marriage;

(e) the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;

(f) the standard of living enjoyed by the wife or child before the husband or parent, as the case may be, neglected or refused to provide reasonable maintenance for the wife or child;

(g) in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained; and

(h) the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.[30/96]

(5) The court shall not make an order under subsection (2) for the benefit of a child who has attained the age of 21 years or for a period that extends beyond the day on which the child will attain that age unless the court is satisfied that the provision of the maintenance is necessary because —

(a) of a mental or physical disability of the child;

(b) the child is or will be serving full-time national service;

(c) the child is or will be or (if an order were made under subsection (2)) would be receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not while in gainful employment; or

(d) special circumstances, other than those stated in paragraphs (a), (b) and (c), exist which justify the making of the order. [30/96]

(6) An order under subsection (2) ceases to be in force on the day on which the child attains the age of 21 years unless the order is expressed to continue in force for a period ending after that day.[30/96]

(7) An order under subsection (2) may direct payment to the person having custody or care and control of the child or the trustees of the child. [30/96]

(8) When ordering the payment of maintenance under this section or at any time after the making of the order, the court may, if it considers just, order the person liable to pay the maintenance to secure the whole or any part of it by vesting any property belonging to the person in trustees upon trust to pay the maintenance or any part of it out of the income from the property, and subject thereto, in trust for the settlor. [30/96]

(9) The court shall have the powers conferred by section 85 in respect of proceedings relating to maintenance under this section. [30/96]

Duty to maintain child accepted as member of family
70. —(1) Where a person has accepted a child who is not his child as a member of his family, it shall be his duty to maintain that child while he remains a child, so far as the father or the mother of the child fails to do so, and the court may make such orders as may be necessary to ensure the welfare of the child. [26/80]

(2) The duty imposed by subsection (1) shall cease if the child is taken away by his father or mother.[26/80]

(3) Any sums expended by a person maintaining that child shall be recoverable as a debt from the father or mother of the child.[26/80]

(4) An application for an order under subsection (1) may be made by —

(a) any person who is a guardian or has the actual custody of the child;

(b) where the child has attained the age of 21 years, the child himself;

(c) where the child is below the age of 21 years, any of his siblings who has attained the age of 21 years; or

(d) any person appointed by the Minister.[30/96]

(5) Subsections (4) to (9) of section 69 shall apply, with the necessary modifications, to the making of an order under this section.[30/96]

Enforcement of maintenance order
71. —(1) If any person fails to make one or more payments required to be made under a maintenance order, the court which made the order may do all or any of the following:

(a) for every breach of the order by warrant direct the amount due to be levied in the manner by law provided for levying fines imposed by a Magistrate’s Court;

(b) sentence him to imprisonment for a term not exceeding one month for each month"s allowance remaining unpaid; and

(c) make a garnishee order in accordance with the rules made under this Act.[30/96]

(2) A sentence of imprisonment ordered under subsection (1)(b) shall not affect or diminish the obligation of the person against whom the maintenance order is made to make the payment or payments under the maintenance order which he has failed to make, except that the court may, if it thinks fit, reduce the amount of any such payments.[30/96]

(3) A maintenance order made by the High Court may be enforced by a District Court in accordance with subsection (1) as if that order had been made by the District Court, except that a District Court shall have no power to vary an order of the High Court.[26/80]

Rescission and variation of order
72. —(1) On the application of any person receiving or ordered to pay a monthly allowance under this Part and on proof of a change in the circumstances of that person, his wife or child, or for other good cause being shown to the satisfaction of the court, the court by which the order was made may rescind the order or may vary it as it thinks fit.

(2) Without prejudice to the extent of the discretion conferred upon the court by subsection (1), the court may, in considering any application made under this section, take into consideration any change in the general cost of living which may have occurred between the date of the making of the order sought to be varied and the date of the hearing of the application.

Power of court to vary agreement for maintenance of child
73. The court may, at any time and from time to time, vary the terms of any agreement relating to the maintenance of a child, whether made before or after 1st June 1981, notwithstanding any provision to the contrary in that agreement, where it is satisfied that it is reasonable and for the welfare of the child to do so.[30/96]

Application of section 121
74. Section 121 shall apply, with the necessary modifications, to any order for the payment of maintenance under this Part.[30/96]

Application of Act to orders made under repealed Minor Offences Ordinance, etc.
75. —(1) All orders made under section 37 of the repealed Minor Offences Ordinance (Cap. 24, 1936 Ed.) or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance (Cap. 44, 1955 Ed.) and in force on 15th September 1961 shall be deemed to have been made under this Part by a District Court or a Magistrate’s Court, as the case may be, and the provisions of this Part shall apply to the same accordingly.

(2) Upon an application to vary any order made under section 37 of the repealed Minor Offences Ordinance (Cap. 24, 1936 Ed.) or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance (Cap. 44, 1955 Ed.), the court may make under section 72 any order which it could have made upon an application under section 69 or under section 2 of the repealed Married Women and Children (Maintenance) Ordinance.
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  #13  
Old 15-05-2011, 10:31 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART VIII
MAINTENANCE OF WIFE AND CHILDREN

Power of District Court or Magistrate’s Court to refuse order where High Court proceedings more convenient
76. —(1) If in the opinion of the District Court or the Magistrate’s Court the matters in question between the parties or any of them would be more conveniently dealt with by the High Court, the District Court or the Magistrate’s Court may refuse to make an order and in that case there shall be no appeal from its decision.

(2) The High Court or a Judge thereof shall have power, by order in any proceedings in the High Court relating to or comprising the same subject-matter as the application refused or any part thereof under subsection (1), to direct the District Court or the Magistrate"s Court to rehear or determine the same.

Appeal
77. —(1) Subject to the provisions of this Part and Part VII, an appeal shall lie from any order or the refusal of any order by a District Court or a Magistrate’s Court under this Part and Part VII to the High Court exercising appellate civil jurisdiction under the provisions of the Supreme Court of Judicature Act (Cap. 322).[30/96]

(2) All appeals brought under this section shall be by way of rehearing and the High Court shall have the like powers and jurisdiction on the hearing of such appeals as the Court of Appeal has on the hearing of appeals from the High Court under the Supreme Court of Judicature Act.[26/80]

(3) No appeal made under the provisions of this Part and Part VII from any order shall operate as a stay of such order unless the High Court or the District Court or the Magistrate’s Court so directs.[26/80;30/96]

Powers of High Court

78. The High Court shall have the jurisdiction and powers which belong to and are exercisable by a District Court or a Magistrate’s Court under this Part.

Procedure
79. —(1) All applications to a District Court or a Magistrate’s Court under this Part and Part VII shall be made and heard in the same manner and in accordance with the same procedure as applications for summonses are made and heard by the District Court or the Magistrate’s Court under the provisions of the Criminal Procedure Code (Cap. 68) and an application under this Part and Part VII shall be deemed to be a complaint for the purposes of that Code.[30/96]

(2) The Rules of Court for the time being in force made under the provisions of the Supreme Court of Judicature Act (Cap. 322) and applicable to appeals from District Courts brought under section 21 of that Act shall apply to all appeals brought under section 77.

(3) Where an appeal is so brought from a Magistrate’s Court, the Rules of Court shall be construed and applied as far as necessary as if references to a District Court were references to a Magistrate’s Court and references to a District Judge were references to a Magistrate.

(4) A court before which any application under this Part or Part VII is heard may make such order as to costs as it thinks fit. [30/96]
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  #14  
Old 15-05-2011, 11:07 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART IX
ENFORCEMENT OF MAINTENANCE ORDERS

Interpretation of this Part

80. In this Part, unless the context otherwise requires —

"court" includes the Syariah Court constituted under the provisions of the Administration of Muslim Law Act (Cap. 3);

"defendant" , in relation to a maintenance order or a related attachment of earnings order, means the person liable to make payments under the maintenance order;

"earnings" , in relation to a defendant, means any sums payable to him —

(a) by way of wages or salary, including any fees, bonus, commission, overtime pay or other emoluments payable in addition to wages or salary by the person paying the wages or salary or payable under a contract of service;

(b) by way of pension, including an annuity in respect of past services, whether or not the services were rendered to the person paying the annuity, and including periodical payments by way of compensation for the loss, abolition or relinquishment, or any diminution in the emoluments, of any office or employment;

(c) if the defendant is a self-employed person, by way of payments received from self-employment;

"employer" means a person by whom, as a principal and not as an employee or agent, earnings fall to be paid to a defendant, and references to payment of earnings shall be construed accordingly;

"maintenance order" means —

(a) an order for the payment of a monthly allowance made or deemed to be made by a court under Part VIII;

(b) an order for the payment of periodical sums by way of maintenance or alimony to a wife or for the benefit of any child under Part X;

(c) an order for maintenance made by the Syariah Court under the Administration of Muslim Law Act (Cap. 3);

(d) an order for maintenance made under the Maintenance of Parents Act (Cap. 167B); and

(e) a maintenance order registered or confirmed by the court under the Maintenance Orders (Facilities for Enforcement) Act (Cap. 168)1.
[14/69;30/96]

1This Act, which was formerly known as the Reciprocal Enforcement of Maintenance Orders Act (Cap. 26, 1970 Ed.), will be repealed upon the commencement of section 19 (1) of the Maintenance Orders (Reciprocal Enforcement) Act (Cap. 169).

Power of court to make attachment of earnings order
81. —(1) A court may, when ordering the payment of maintenance under Part VIII or at any time thereafter, if the court considers just, make an attachment of earnings order to secure payment of the maintenance.
[30/96]

(2) A District Court may make an attachment of earnings order to secure payments the defendant is required to make under a maintenance order made by the High Court.
[26/80]

Nature of attachment of earnings order

82. —(1) An attachment of earnings order shall require the person to whom the order in question is directed, being a person appearing to the court to be the defendant’s employer, to make out of the earnings falling to be paid to the defendant payments in satisfaction of the order.

(2) The amount to be prescribed in an attachment of earnings order shall be such sum as to the court seems reasonable after taking into account the resources and needs of the defendant and the needs of persons for whom he must or reasonably should provide.

(3) An attachment of earnings order shall contain, so far as they are known to the court making the order, such particulars as may be prescribed for the purpose of enabling the defendant to be identified by the person to whom the order is directed.

(4) An attachment of earnings order or any variation thereof shall not come into force until the expiration of 7 days from the date when a copy of the order is served on the person to whom the order is directed.

(5) An attachment of earnings order shall designate the officer to whom the payments under the order are to be made.

Effect of attachment of earnings order
83. —(1) When an attachment of earnings order is made, all other proceedings for the enforcement of the related maintenance order begun before the making of the attachment of earnings order shall be suspended.

(2) The court by which an attachment of earnings order has been made may, if it thinks fit, on the application of the defendant or a person entitled to receive payments under the related maintenance order, make an order discharging or varying the attachment of earnings order.

(3) An attachment of earnings order shall cease to have effect —

(a) upon the issue of a warrant directing that the amount due under the related maintenance order shall be levied in the manner provided by law for levying fines;

(b) upon the making of an order sentencing the defendant to imprisonment for failure to comply with the related maintenance order;

(c) upon the making of a garnishee order under section 71(1)(c); and

(d) upon the rescission of the related maintenance order.[30/96]

(4) Where an attachment of earnings order ceases to have effect under subsection (3), the court making the order shall give notice of the cessation to the person to whom the order was directed.

Duty of defendant and employer to comply with attachment of earnings order
84. —(1) A person to whom an attachment of earnings order is directed shall, notwithstanding anything in any other written law but subject to the provisions of this Part, comply with the order or, if the order is subsequently varied under section 83, with the order as so varied.

(2) Where, on any occasion on which earnings fall to be paid to a defendant, there are in force 2 or more attachment of earnings orders relating to those earnings, then, for the purpose of complying with this Part, the employer shall —

(a) deal with those orders according to the respective dates on which they came into force disregarding any later order until all earlier orders have been dealt with; and

(b) deal with any later order as if the earnings to which it relates were the residue of the defendant’s earnings after the making of any payment under this Part in pursuance of any earlier order.

(3) An employer who, in pursuance of an attachment of earnings order, makes a payment under this Part shall give to the defendant a statement in writing specifying the amount of that payment.

(4) A person to whom an attachment of earnings order is directed who, at the time when a copy of the order is served on him, has on no occasion during the period of one month immediately preceding that time been the defendant’s employer shall forthwith give notice in writing to that effect in the prescribed form to the court which made the order.
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  #15  
Old 15-05-2011, 11:08 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART IX
ENFORCEMENT OF MAINTENANCE ORDERS

Additional powers of court in attachment of earnings order proceedings
85. —(1) Where proceedings relating to an attachment of earnings order are brought in any court, the court may, either before or at the hearing —

(a) order the defendant to give to the court, within such period as may be specified by the order, a statement signed by him of —

(i) the name and address of his employer, or of each of his employers if he has more than one;

(ii) such particulars as to the defendant’s earnings as may be so specified; and

(iii) such prescribed particulars as may be so specified for the purpose of enabling the defendant to be identified by any employer of his; and

(b) order any person appearing to the court to be an employer of the defendant to give to the court, within such period as may be specified by the order, a statement signed by him or on his behalf of such particulars as may be specified by the order of all earnings of the defendant which fell to be paid by that person during such period as may be so specified.

(2) A document purporting to be such a statement as is mentioned in subsection (1) shall, in any such proceedings as are so mentioned, be received in evidence and be deemed to be such a statement without further proof unless the contrary is shown.

Obligation of defendant and employer to notify changes of employment and earnings
86. While an attachment of earnings order is in force —

(a) the defendant shall from time to time notify in writing the court which made the order of every occasion on which he leaves any employment, or becomes employed or re-employed, not later (in each case) than 7 days from the date on which he did so;

(b) the defendant shall, on any occasion when he becomes employed or re-employed, include in his notification under paragraph (a) particulars of his earnings and anticipated earnings from the relevant employment; and

(c) any person who becomes the defendant’s employer and knows that the order is in force and by what court it was made shall, within 7 days of his becoming the defendant’s employer or of acquiring that knowledge (whichever is the later), notify that court in writing that he is the defendant’s employer, and include in his notification a statement of the defendant’s earnings and anticipated earnings.[26/80]

Power of court to determine what are earnings
87. —(1) The court by which an attachment of earnings order has been made shall, on the application of the person to whom the order is directed or of the defendant or of the person in whose favour the order was made, determine whether payments to the defendant of a particular class or description specified by the application are earnings for the purposes of that order; and the person to whom the order is directed shall be entitled to give effect to any determination for the time being in force under this subsection.

(2) A person to whom an attachment of earnings order is directed who makes an application under subsection (1) shall not incur any liability for failing to comply with the order as regards any payments of the class or description specified by the application which are made by him to the defendant while the application, or any appeal in consequence thereof, is pending.

(3) Subsection (2) shall not apply as regards such payments if that person subsequently withdraws the application or, as the case may be, abandons the appeal.

Payment of money under attachment of earnings order
88. —(1) The court to whom an employer pays any sum in pursuance of an attachment of earnings order shall pay that sum to the person entitled to receive payments under the related maintenance order as is specified by the attachment of earnings order.

(2) Any sums received by virtue of an attachment of earnings order by the court shall be deemed to be payments made by the defendant, so as to discharge first any sums for the time being due and unpaid under the related maintenance order (a sum due at an earlier date being discharged before a sum due at a later date) and secondly any costs incurred in proceedings relating to the maintenance order which were payable by the defendant when the attachment of earnings order was made or last varied.
Earnings paid by Government or out of Consolidated Fund

89. —(1) In relation to earnings falling to be paid by the Government or out of the Consolidated Fund, the earnings shall be treated as falling to be paid by the chief officer for the time being of the department, office or other body concerned.

(2) If any question arises, in connection with any proceedings relating to an attachment of earnings order, as to what department, office or other body is concerned for the purposes of this section, or as to who for those purposes is the chief officer thereof, that question shall be referred to and determined by the Minister for Finance but that Minister shall not be under any obligation to consider a reference under this subsection unless it is made by a court.

(3) A document purporting to set out a determination of the Minister for Finance under subsection (2) and to be signed by an official of the Ministry of Finance shall, in any such proceedings as are mentioned in that subsection, be admissible in evidence and deemed to contain an accurate statement of such a determination unless the contrary is shown.

Costs of proceedings
90. A court before which proceedings relating to an attachment of earnings order are brought may make such order as to costs as it thinks fit.
[30/96]

Penalties for non-compliance with attachment of earnings order and for giving false notice or statement
91. —(1) Any person who —

(a) fails to comply with section 84(1) or (4) or section 86, or an order of a court under section 85(1);

(b) gives such a notice as is mentioned in section 84(4) or a statement in pursuance of an order of a court under section 85(1), which notice or statement he knows to be false in a material particular; or

(c) recklessly gives such a notice or statement which is false in a material particular,

shall, subject to subsection (2), be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 12 months or to both.[30/96]

(2) It shall be a defence for a person charged with failing to comply with section 84(1) to prove that he took all reasonable steps to comply with the attachment of earnings order to which the failure relates.
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