MATRIMONIAL CAUSES ORDINANCE

MATRIMONIAL CAUSES ORDINANCE

LAWS OF HONG KONG

MATRIMONIAL CAUSES ORDINANCE

CHAPTER 179





CHAPTER 179

MATRIMONIAL CAUSES ORDINANCE

ARRANGEMENT OF SECTIONS

Page

PART 1

PRELIMINARY

Short title ............................... ... ... ... ... ... ... 4

Interpretation.............................. .. ... ... ... ... ... 4

PART 11

JURISDICTION (1 (01
COURT

3...............Jurisdiction in divorce ... ... ... ... ...

4. Jurisdiction in nuillity

Jurisdiction in judicial separation ......... ... ... . ... ... ... ... 6
6.....................Jurisdiction in presumption of death ... ... ... 6

7..........[Repealed .......................... ... 6

7A.............................Effect of dissolution under Marriage Reform Ordinance ... ... ... ... ... 6

8,..................Law of Hong, Kong applicable ... ... ... ... ... ... .. ... 7

9............................Power to grant relief limited to certain marriages ... ... ... ... ... ... 7

10..............Practice and procedure ......... ... ... ... ... ... ... ... ... ... ... 7

PART IIA

COMMENCEMENT OF PROCEEDINGS

10A........................Commencement and transfer of proceedings ... ... ... ... ... ... ... 7

PART Ill

DIVORCE

11..............Ground for petition ........... ... ... ... ... ... ... ... ... ... ... 8
1 1A............Proof of ground for petition ... ... ... ... ... ... ... 8

12..............................Restriction on petitions within three years of marriage ... ... ... ... ... 9

13. Divorce not precluded by previous judicial separation ... ... ... ... ... ... 9

14................Alleged adulterer as a party ... ... ... ... .. ... ... ... ... ... ... 9

15..............Hearing of petition ........... ... ... ... ... ... ... ... ... ... 10

15A......................Provisions to encourage reconciliation ... ... ... ... ... ... ... ... 10

15b........................Decree to be refused in certain circumstances ... ... ... ... ... ... ... 11
15C........................Power to rescind decree nisi in certain cases ... ... ... ... ... ... 12

16................Intervention of the Proctor ... ... ... ... ... ... ... ... ... ... ... 12






17................Proceedings after decree nisi ... ... ... ... ... ... ... ... ... ... 12

17A..........................Financial protection for respondent in certain cases ... ... ... ... 13

is...................Remarriage of divorced persons ... ... ... ... ... ... ... ... ... ... 14

18A. Court not to dismiss petition or application to make absolute a decree nisi on

ground of collusion or misconduct of petitioner ... ... ... ... .. ... 14

18B. Rules ... ... ... ... ... ... ... ... ... ... .. ... 14





Section Page
PART IV

NULLITY

19. Petition for nullity ... ... ... ... ... ... . ... ... ... ... .. 15
20. Grounds for decree of nullity . ... ... ... ... ... ... ... ... ... ... 15
20A. Foreign marriages ... ... ... ... ... ... ... ... ... ... 17
20B. Decree of nullity in case of voidable marriage ... ... ... ... ... ... 18
21. Granting of decree of nullity ... ... ... ... ... ... ... ... ... 18
22. Application of ss. 15(5), 16 and 17 to nullity proceedings ... ... ... 18
23. Collusion not to be bar to relief in nullity proceedings ... ... ... ... ... ... is

PART V

OTHER MATRIMONIAL
SUITS

24. Judicial separation ... .. 1 ... ... ... ... ... ... ... ... 18
25. [Repealed) .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... 19

26. Presumption of death and dissolution of marriage ... ... ... ... ... ... ... 19

PART VI

ANCILLARY
RELIEF

27-37. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... 19

38 Orders for maintenance from deceased's estate ... ... ... ... ... ... ... 20

39. Discharge and variation of orders under s. 38 ... ... ... ... ... ... ... ... 22

40. Additional provisions as to orders under ss. 38 and 39 ... ... ... ... ... ... 23 41-44.
[Repealed] ... ... ... ... ... ... ... ... ... ... ... ... 23

PART VII

PROTECTION OF
CHILDREN

45-47. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... 23
48. Power to provide for supervision of children ... ... ... ... ... ... ... ... 23
48A. Power to commit children to care of Director of Social Welfare ... ... ... ... 24
48B. Parent or guardian to inform Director of Social Welfare of change of address ... 24
48C0 Application of section 3 of the Guardianship of Minors Ordinance ... ... ... 25

PART VIII

MISCELLANEOU
S

49. Declarations of legitimacy. etc . ... ... ... ...
1 25
50. Damages for adultery ... ... ... ... ... ... ... . ... ... ... ... ... 26
51. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... 26
52. Evidence ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 27
53. Power to allow intervention on terms ... ... ... ... ... ... ... ... ... ... 27
54 Rules ... ... ... ... ... ... ... ... 17

PART IX

RECOGNITION OF OVERSEAS DIVORCES AND LEGAL
SEPARATIONS







55. Recognition in Hong Kong of overseas divorces and legal separations ... ... ...
27
56. Grounds for recognition ... ... ... ... ... .. ... ... ... .... ... 28





Section Page
57. Cross- proceedings and divorces following legal separations ... ... ... ... 28
58. Proof of facts relevant to recognition ... ... ... ... ... ... ... ... ... 28
59. Certain existing rules of recognition to continue in force ... ... ... ... ... ... 29
60. Non-recognition of divorce by third country no bar to remarriage ... ... ... 29
61. Exceptions from recognition ... ... ... ... ... ... ... ... ... ... ... 29
62. Interpretation and transitional provisions ... ... ... ... ... ... ... ... ... 29





CHAPTER 179

MATRIMONIAL CAUSES

To make further and better provision in respect of the law governing
matrimonial causes and for matters incidental thereto or
connected therewith

[20 January 1967.1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Matrimonial Causes
Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'adultery' does not include sexual intercourse of a man who is a party
to a customary marriage celebrated in accordance with section 7 of
the Marriage Reform Ordinance with a concubine (tsip) lawfully
taken by him; (Added. 63 of1979, s. 2)

---court-means the Supreme Court or the District Court: 1 Replaced, 79 of
1981. s. 5)

---deported'includes being prohibited from landing in Hong Kong.
being obliged to leave Hong Kong by reason of the refusal to
grant or renew. or the revocation A a permit to remain in Hong
Kong and an order of expulsion.'

'matrimonial cause- means any proceedings for

(a) divorce,.

(b) nullity,

(c) Judicial separation;

(d) presumption of death and dissolution of marriage.

(e) restitution of conjugal rights.

(f) jactitation of marriage; or

(g) damages only under section 50: (Added. 37 of 1971, s. 2)

monogamous marriage' means a marriage which was-

(a) if it took place in Hong Kong-

(i) celebrated or contracted in accordance with the
provisions of the Marriage Ordinance.

(11) a modern marriage validated by section 8 of the
Marriage Reform Ordinance and registered under Part IV

of that Ordinance: or(Replaced, 68 of 1970 s. 26,





(b)if it took place outside Hong Kong. celebrated or contracted in
accordance with the law 'In force at the time and in the place
where the marriage was performed and recognized by such law
as involving the voluntary union for life of one man and one
woman to the exclusion of all others,

property means any real or personal property. any estate or interest in
real or personal property, any money, any negotiable instrument,
debt or other chose in action, and any other right or interest
whether in possession or not;

'the Proctor' means the Attorney General.

PART 11

JURISDICTION OF COURT

3. The court shall have jurisdiction in proceedings for divorce
under this Ordinance if

(a)both parties to the marriage were domiciled in Hong Kong at
the date of the petition;

(b) in the case of proceedings by a wife-

(i) the wife was resident in Hong Kon. at the date of

c

the petition and has been ordinarily resident in Hong Kong
for the period of 3 years immediately preceding the date of the
petition; or

(ii) the wife has been deserted by her husband or the
husband has been deported from Hong Kong under any law
and the husband was immediately before the desertion or
deportation domiciled in Hong Kong,, or

(c)either of the parties to the marriage had a substantial
connexion with Hong Kong at the date of the petition. (Added,
68 of 1970, s. 26)

4. The court shall have jurisdiction in proceedings for nullity under
this Ordinance if

(a)either of the parties to the marriage was domiciled in or had a
substantial connexion with Hong Kong at the date of the
petition; (Amended, 68 of 1970, s. 26)

(b) in the case of proceedings by a wife-

(i) the wife was resident in Hong Kong at the date of the
petition and has been ordinarily resident in Hong Kong for
the period of 3 years immediately preceding the date of the
petition; or

(ii) the wife has been deserted by her husband or the
husband has been deported from Hong Kong under any law
and the husband was immediately before the desertion or
deportation domiciled in Hong Kong;





(e)both parties to the marriage were resident in Hong Kong at the
date of the petition;

(d)the respondent in the proceedings was resident in Hong Kong
at the date of the petition; or

(e) the marriage was celebrated in Hong Kong.

5. The court shall have jurisdiction in proceedings for judicial
separation under this Ordinance if

(a)both parties to the marriage were domiciled in Hong Kong at
the date of the petition;

(b)both parties to the marriage were resident in Hong Kong at the
date of the petition;

(c)in the case of proceedings by a wife, the wife has been
deserted by her husband or the husband has been deported
from Hong Kong under any law and the husband was
immediately before the desertion or deportation domiciled in
Hong Kong; or

(d)either of the parties to the marriage had a substantial
connexion with Hong Kong at the date of the petition. (Added,
68 of 1970, s. 26)

6. (1) The court shall have Jurisdiction in proceedings for
presumption of death and dissolution of marriage under this Ordinance
if

(a)the petitioner was domiciled in or had a substantial connexion
with Hong Kong at the date of the petition. or

(Amended, 68 of 1970, s. 26)

(b)in the case of a petition presented by a wife. the wife was
resident in Hong Kong at the date of the petition and has
been ordinarily resident in Hong Kong for the period of 3
years immediately preceding the date of the petition.

(2) In determining for the purposes of this section whether a
woman was domiciled in Hong Kong. her husband shall be treated as
having died immediately after the last occasion on which she knew or
had reason to believe him to be living.

7. [Repealed, subject to the First Schedule to the Matrimonial

Proceedings and Property v Ordinance, Chapter 192. The section is
reproduced in the Appendix to that Ordinance.)

7A. (1) Subject to subsection (2), the dissolution in accordance
with Part V of the Marriage Reform Ordinance of a modern marriage
validated by section 8 of the Marriage Reform Ordinance and subsisting
on the day appointed under section 3 of that Ordinance or a customary
marriage subsisting on the day appointed under section 3 of that
Ordinance shall, for the purposes of Part VI and Part VII, be deemed to
be a final decree of divorce granted by





the court, and accordingly, the court shall have the same jurisdiction
and powers in respect of ancillary relief and the protection of children as
it would have had under Parts VI and VII if the court had pronounced a
final decree of divorce. (Amended, 63 of 1979 s. 3,

(2) Where the parties to a marriage which is dissolved in
accordance with Part V of the Marriage Reform Ordinance have agreed
as to the amount of maintenance to be payable by one of the parties to
the other after the dissolution of the marriage and has c recorded the
terms of that agreement as part of the agreement or memorandum
dissolving the marriage, subsection (1) shall not have effect to confer
jurisdiction at any time on any court in respect of maintenance for either
of the parties to the former marriage. (Replaced, 63 of 1979, s. 3)

(Added, 68 of 1970. s. 26)

8. In any proceedings in which the court has jurisdiction under this
Ordinance, the issues shall be determined in accordance with the law
which would be applicable thereto if both parties were domiciled in
Hong Kong at the time of the proceedings.

9. Nothing in this Ordinance shall authorize the court to pronounce
a decree of divorce, nullity, judicial separation or presumption of death
and dissolution of marriage or to make any other order unless the
marriage to or in respect of which the decree or order relates was a
customary marriage celebrated in accordance with section 7 of the
Marriage Reform Ordinance and registered in accordance with Part IV of
that Ordinance or was a monogamous marriage.

(Replaced, 63 of 1979. s. 4)

10. The jurisdiction vested in the court by thisOrdinance shall so
far as regards procedure, practice and powers of the court be exercised
in the manner provided by this Ordinance; and where no special
provision is contained in this Ordinance with reference thereto, any
such jurisdiction shall be exercised in accordance with the practice,
procedure and powers for the time being in force in the High Court of
Justice in England with reference to matrimonial proceedings.

PART IIA

COMMENCEMENT OF
PROCEEDINGS

10A. (1) Subject to subsection (2), a matrimonial cause and any
other proceedings under this Ordinance shall be commenced in the
District Court:

Provided that rules may make provision

(a)for the transfer to the Supreme Court of any cause or
proceedings upon the application of any party or at the
instance of the District Court; and





(b)for the transfer or retransfer from the Supreme Court of any
cause or proceedings to the District Court.

(2) An application under section 39 shall be made to the court that
made the order to which the application relates:

Provided that rules of court may make provision for the transfer of
applications from one court to the other.

(3) The District Court may exercise jurisdiction under this
Ordinance although the amount claimed in the proceedings would, but
for this subsection, be beyond the jurisdiction of that court.

(Replaced, 79 of 1981, s. 5)

PART 111

DIVORCE

11. The sole ground on which a petition for divorce may be
presented to the court by either party to a marriage shall be that the
marriage has broken down irretrievably.

(Replaced. 33 of 1972. s. 3)

11A. (1) The court hearing a petition for divorce shall not hold the
marriage to have broken down irretrievably unless the petitioner
satisfies the court of one or more of the following facts

(a)that the respondent has committed adultery and the petitioner
finds it intolerable to live with the respondent.

(b)that the respondent has behaved in such a way that the
petitioner cannot reasonably be expected to live with the
respondent:

(c)that the respondent has deserted the petitioner for a
continuotis period of at least 2 years immediately preceding the
presentation of the petition.

(d)that the parties to the marriage have lived apart for a
continuous period of at least 2 years immediately preceding the
presentation of the petition and the respondent consents to a
decree being granted:

(e) that the parties to the marriage have lived apart for a con-

c

tinuous period of at least 5 years immediately preceding the
presentation of the petition.

(2) For the purposes of subsection the court may treat a period of
desertion as having continued at a time when the deserting party was
incapable of continuing the necessary, intention if the evidence before
the court is such that, had that party not been so incapable. the court
would have inferred that his desertion continued at that time.

(3) For the purposes of this Part. a husband and wife shall be
treated as living apart unless they are living with each other in the same
household.

33 of 1972. s. 3





12- (1) Subject to subsection (2), no petition for divorce shall be
presented to the court before the expiration of the period of 3 years from
the date of the marriage (hereafter in this section referred to as---
thespecified period').

(2) A judge of the court may, on an application made to him. allow
the presentation of a petition for divorce within the specified period on
the groundd that the case is one of exceptional hardship suffered by the
petitioner or of exceptional depravity on the part of the respondent. but
in determining the application the judge shall have regard to the
interests of any child of the family within the meaning of section 2 of the
Matrimonial Proceedings and Property Ordinance and to the question,
whether there is reasonable proba of a reconciliation- between the
parties during the specified period. (Aniended, 39 of 1972 s. 33)

(3) Nothing in this section shall be deemed to prohibit the
presentation of a petition based upon matters which occurred before the
expiration of the specified period.

13. (1) A person shall not be prevented from presenting a
petition for divorce, or the court from granting a decree of divorce.
by reason only that the petitioner or respondent has at any time on
the same facts or substantially, the same facts as those proved in
support of the petition been granted a decree of judicial separation
or an order under, or having effect as if made under. the Separation
and Maintenance Orders Ordinance. 33 ol 1972, s. 4;

(2) On a petition for divorce in such a case as is mentioned in
subsection ( 1), the court may treat the decree of judicial separation or
the said order as sufficient proof of the ground on which it was granted.
but shall not grant a decree of divorce without receiving evidence from
the petitioner. (Amended, 33 of 1972, s. 4)

(3) For the purposes of a petition for divorce in such a case, a
period of desertion immediately preceding the institution of proceedings
for a decree of judicial separation or for such an order as aforesaid
having the effect of a decree of judicial separation shall. if the parties
have not resumed cohabitation and the decree or order has been
continuously in force since it was granted. be deemed immediately to
precede the presentation of the petition.

14. (1) On a petition for divorce presented by the husband in which
adultery is alleged, or in the answer of the husband praying for divorce
and alleging adultery, the husband shall make the alleged adulterer a co-
respondent unless excused by the court on special grounds from doing
so. (Amended, 33 of 1972. s. 5)

(2) On a petition for divorce presented by the wife in which
adultery is alleged the court may, if it thinks fit, direct that the alleged
adulteress be made a respondent. (Amended, 33 of 1972, S. 5)





(3) Where an alleged adulterer is made a co-respondent on such a
petition as is mentioned in subsection (1) or an alleged adulteress is
made a respondent on such a petition as is mentioned in subsection (2).
the court may, after the close of the evidence on the part of the
petitioner, direct that the co-respondent or. as the case may be, the
respondent be dismissed from the suit if the court is of opinion that
there is not sufficient evidence against him or her.

15. (1) On a petition for divorce, it shall be the duty of the court to
inquire, so far as it reasonably can, into the facts alleged by the
petitioner and into any facts alleged by the respondent.

(2) If the court is satisfied on the evidence of any such fact as is
mentioned in section 11 A(1), then unless it is satisfied on all the
evidence that the marriage has not broken down i irretrievably ably, it
shall, subject to subsection (3) of this section, grant a decree nisi of
divorce.

(3) If it appears to the court, at the hearing of a petition for divorce
presented in pursuance of leave granted under section 12(2), that the
leave was obtained by the petitioner by any misrepresentaton or
concealment of the nature of the case, the court may

(a)dismiss the petition, without prejudice to any petition which
may be brought after the expiration of the period of 3 years
from the date of the marriage upon the same facts, or
substantially the same facts, as those proved in support of the
dismissed petition; or

(b)if it grants a decree, direct that no application to make the
decree absolute shall be made during that period.

(4) If in any proceedings for divorce the respondent alleges against
the petitioner and proves any such fact as is mentioned in section 11
A(1). the court may give to the respondent the relief to which the
respondent would have been entitled if the respondent had presented a
petition seeking that relief.

(5) Every decree of divorce shall in the first instance be a decree
nisi and shall not be made absolute before the expiration of 3 months
from its grant, unless the Chief Justice by general order, or the court in
any particular case, fixes a shorter period.

(Replaced, 33 of 1972, s. 6)

15A. (1) If at any stage of proceedings for divorce it appears to the
court that there is a reasonable possibility of a reconciliation between
the parties to the marriage, the court may adjourn the proceedings for
such period, as it thinks fit to enable attempts to be made to effect such
a reconciliation.

(2) The power of the court to adjourn under subsection (1) shall be
additional to any other power of the court to adjourn proceedings.





(3) Where the parties to the marriage have lived with each other for
any period or periods after it has become known to the petitioner that
the respondent has, since the celebration of the marriage. committed
adultery,

(a)if the length of that period or of those periods together is 6
months or less. their living with each other during that period
or those periods shall be disregarded in determining for the
purposes of section 11 A( 1 )(a) whether the pelitioner finds it
intolerable to live with the respondent: but

(b)if the length of that period or of those periods together exceeds
6 months, the petitioner shall not be entitled to rely on that
adultery for the purpose of section 1 1A(1)(a

(4) Where the petitioner alleges that the respondent has behaved
in such a way that the petitioner cannot reasonably be expected to live
with him. but the parties to the marriage ha\ c lived ed with each other
for a period or periods after the date of the occurrence of the final
incident relied on by the petitioner and held by the court to support his
allegation. that fact shall be disregarded in determining, for the purposes
of section 1 1A(1)(b) whether the petitioner cannot reasonably be
expected to live with the respondent if the length of that period or of
those periods together is 6 months or less.

(5) In considering for the purposes of section 11 A( 1 )(c). (d) or (e)
whether the period for which the respondent has deserted the petitioner
or the period for which the parties to a marriage have lived apart has
been continuous, no account shall be taken of any period or periods
together not exceeding 6 months during which the parties have resumed
living with each other. but no period during which the parties lived with
each other shall count as part of the period of desertion or of the period
for which the parties to the marriage have lived apart, as the case may
be.

(6) References in this section to the parties to a marriage living with
each other shall be construed as references to their living with each
other in the same household.

(Added, 33 of 1972, s. 7)

15B. (1) The respondent to a petition for divorce in which the
petitioner alleges any such fact as is mentioned in section 11 A (1)(e)
may oppose the grant of decree nisi on the ground that the dissolution
of the marriage will result in grave financial or other hardship to him and
that it would in all the circumstances be wrong to dissolve the marriage.

(2) Where the grant of a decree nisi is opposed by virtue of this
section, then

(a)if the court is satisfied that the only fact on which the
petitioner is entitled to rely in support of his petition is that
mentioned in section 11 A(I)(e); and

(b) if apart from this section it would grant a decree nisi.





the court shall consider all the circumstances, including the conduct of
the parties to the marriage and the interest of those parties and of any
children or other persons concerned. and if the court is of opinion that
the dissolution of the marriage will result in grave financial or other
hardship to the respondent and that it would in all circumstances be
wrong to dissolve the marriage it shall dismiss the petition.

(3) For the purposes of this section hardship shall include the loss
of the chance of acquiring any benefit which the respondent might
acquire if the marriage were not dissolved.

(Added, 33 qf 1972, s. 7)

15C. Where the court on granting a decree nisi of divorce holds
that the only fact on which the petitioner is entitled to rely in support of
his petition is Chat mentioned in section 1 ]A( 1 )(d). it may'. on
application made by the respondent at any time before the decree is
made absolute, rescind the decree if it is satisfied that the petitioner has
misled the respondent. whether intentionally or unintentionally, about
any matter which the respondent has taken into account in deciding to
consent to the grant of a decree.

(Added, 33 of 1972 s. 7)

16. (1 ) In the case of a petition for di,, divorce

(a)the court may. if it thinks fit, direct all necessary papers in the
matter to be sent to the Proctor. who shall instruct counsel
to argue before the court any question in relation to the matter
which the court deems it necessary or expedient to have fully
argued:

(b)any person may at any time during the progress of the
proceedings or before the decree nisi is made absolute give
information to the Proctor on any matter material to the due
decision of the case. and the Proctor may thereupon take such
steps as he considers necessary or expedient. (Amended, 33 of
1972 s. 8)

(2) Where the Proctor intervenes or shows cause against a decree
nisi in any proceedings for divorce. the court may mike such order as
may be just as to the payment by other parties to the proceedings of the
costs incurred by him in so doing or as to the payment by him of any
costs incurred by any of those parties by reason of his so doing.

17. (1) Where a decree nisi of divorce has been granted but not
made absolute, then, without prejudice to section 16. any person
(excluding a party to the proceedings other than the Proctor) may show
cause why the decree should not be made absolute by reason of
material facts not having been brought before the court: and in such a
case the court may

(a)notwithstanding anything in section 15(5). make the decree
absolute; or





(b) rescind the decree nisi; or

(c) require further inquiry; or

(d)otherwise deal with the case as it thinks fit. (Amended, 33 of
1972 s. 9)

(2) Where a decree nisi of divorce has been granted and no
application for it to be made absolute has been made by the party to
whom it was granted, then, at any time after the expiration of 3 months
from the earliest date on which that party could have made such an
application, the party against whom it was granted may make an
application to the court, and on that application the court may exercise
any of the powers mentioned in subsection (1)(a) to (d).

17A. (1) This section shall apply where

(a)the respondent to a petition for divorce in which the petitioner
alleges any such fact as is mentioned in section 11 A(1)(d) or
(e) has applied to the court under this section for it to
consider the financial position of the respondent after the
divorce; and

(b)a decree nisi of divorce has been granted on the petition and
the court holds that the only fact on which the petitioner is
entitled to rely in support of his petition is that mentioned in
section 11 A(1)(d) or (e).

(2) The court hearing an application by the respondent under
subsection (1) shall consider

(a)all the circumstances, including the age. health. conduct,
earning capacity, financial resources and financial obligations
of each of the parties; and

(b)the financial position of the respondent as. having regard to
the divorce, it is likely to be after the death of the petitioner
should the petitioner die first

(3) Notwithstanding anything in this Ordinance but subject to
subsection (4), the court shall not make absolute the decree of divorce if
an application has been made under subsection (1). unless it is satisfied
that

(a)the petitioner should not be required to make any financial
provision for the respondent; or

(b)the financial provision made by the petitioner for the
respondent is reasonable and fair or the best that can be made
in the circumstances.

(4) The court may, if it thinks fit, proceed without observing the
requirements of subsections (2) and (3) if

(a)it appears that there are circumstances making it desirable
that the decree should be made absolute without delay; and





(b)the court has obtained a satisfactory undertaking from the
petitioner that he will make such financial provision for the
respondent as the court may approve.

(Added, 33 of 1972 s. 10)

18. (1) Where a decree of divorce has been made absolute and
either

(a) there is no right of appeal against the decree absolute,. or

(b)the time for appealing against the decree absolute has expired
without an appeal having been brought, or

(c) an appeal against the decree absolute has been dismissed,

either party to the former marriage may marry again.

(2) No clergyman shall be compelled-

(a)to solemnize the marriage of any person whose former
marriage has been dissolved and whose former spouse is still
living; or

(b)to permit the marriage of such a person to be solemnized in
the church or chapel of which he is the minister.

18A. Without prejudice to any provision of this Ordinance which
empowers or requires the court to dismiss a petition for divorce or
judicial separation or to dismiss an application for a decree nisi to be
made absolute, nothing in any rule of law shall be taken as empowering
or requiring the court to dismiss such a petition or application on the
ground of collusion between the parties in connexion with the
presentation or prosecution of the petition or the obtaining of the
decree nisi or on the ground of any conduct on the part of the
petitioner.

A Added 33 of' 19 7-1. s.
11

18B. The Chief Justice may make rules for the purposes of

(a)ensuring that, where on a petition for divorce the petitioner, in
pursuance of section I 1A(1)(d). alleges that the respondent
consents to a decree being granted, the respondent has been
given such information as will enable him to understand the
consequences to him of his consenting to a decree being
granted and the steps which he must take to indicate that he
consents to the grant of a decree; and

(b)requiring the solicitor acting for a petitioner for divorce to
certify whether he has discussed with the petitioner the
possibility of a reconciliation and given him the names and
address of persons qualified to help effect a reconciliation
between the parties to a marriage who have become
estranged. and





(c)enabling the parties to a marriage. or either of them, on
application made either before or after the presentation of a
petition for divorce, to refer to the court any agreement or
arrangement made or proposed to be made between them.
being an agreement or arrangement which relates to, arises out
of, or is connected with. the proceedings for divorce which are
contemplated or, as the case may. be. have begun, and for
enabling the court to express an opinion, should it think it
desirable to do so, as to the reasonableness of the agreement
or arrangement and to give such directions, if any, in the matter
as it thinks fit.

(Added, 33 of 1972 s. 11)

PART IV

NULLITY

19. A husband or wife may present a petition to the court praying
that his or her marriage may be declared null and void on any of the
grounds mentioned in section 20.

*20. (1) A marriage which takes place after 30 June 1972 shall be
void on any of the following grounds only

(a)that it is not a valid marriage under section 27 of the Marriage
Ordinance, that is to say

Note. The repealed section 20. which is reproduced below. shall continue to
have effect in relation to marriages which took place before 1 July
1972
and the new section 20 shall have effect only, in relation to marriages
which took place after 30 June 1972-(33 of 1972, s. 26(2)

Grounds for 20. (1) A marriage shall be void on any of the
decree following grounds-
(a) that the parties to the marriaee are within the
prohibited degrees of consanguinity or affinity
(Cap. 181 as provided in the Marriage Ordinance:

(b)that the former husband or wife of either
party to the marriage was living at the time of
the marriage and the marriage with such
former husband or wife was then in force;

(c)that the consent of either party to the
marriaee was obtained by force or fraud in any
case in which the marriage might be annulled
on this ground by the law of England

(d)that the marriage is invalid by the law of the
Colony.

1965 e. 72. s. 9(1). (2) A marriage shall. subject to subsection (3). be

voidable on any of the following grounds-

(a)that the marriage has not been consummated
owing to the wilful refusal of the respondent
to consummate it; or

(b)that at the time of the marriage either party
to the marriage

(i) was of unsound mind. or











(i) the parties to the marriage are within the prohibited
degrees of kindred or affinity; or

(ii) either party is under the age of 16; or

(iii) the parties have intermarried in disregard of certain
requirements as to the formation of marriage,

(b)that the marriage is otherwise invalid by the law of Hong
Kong;

(c)that at the time of the marriage either party was already lawfully
married;

(d) that the parties are not respectively male and female.

(2) A marriage which takes place after 30 June 1972 shall, subject to
subsection (3), be voidable on any of the following grounds only

(a)that the marriage has not been consummated owing to the
incapacity of either party to consummate it:

(b)that the marriage has not been consummated owing to the
wilful refusal of the respondent to consummate it..

(c)that either party to the marriage did not validly consent to it,
whether in consequence of duress. mistake, unsoundness of
mind or otherwise;

(ii) was a mentally disordered person

(Cap. 136.) within the meaning of the Mental Health

Ordinance of such a kind or to such an extent
as to be unfitted for marriaee and the procrea-
tion of children. or
(iii) was subject to recurrent attacks of
insanity, or epilepsy: or
(c)that the respondent was at the time of the
marriage suffering from venereal disease in a
communicable form: or
(d)that the respondent was at the time of the
marriage p. pregnant by some person other
than
the petitioner; or
(e)that at the time of the marriage either party to
the marriage was impotent or incapable of
consummating the marriage.
1965 72. 9(2), (3) The court shall not grant a decree of nullity in
a case failing within paragraph (b). (c) or (d) of subsec-
tion (2) unless it is satisfied that-
(a)the petitioner was as at the time of the
marriage
ignorant of the facts alleged: and
(h)proceedings were instituted within a %car from
the date if the marriage: and
(c)marital intercourse with the consent of the
petitioner has not taken place since the peti-
tioner discovered the existence of the grounds
for a decree.
1965 72, 9(3), (4) Nothing in this section shall be construed as
validating a marriage which is by law void but with
respectto which a decree of nullity has not been
granted.





(d)that at the time of the marriage either party to the marriage,
though capable of giving a valid consent. was suffering,
whether continuously or intermittently. from mental disorder
within the meaning of the Mental Health Ordinance of such a
kind or to such extent as to be unfitted for marriage;

(e)that at the time of the marriage the respondent was suffering
from venereal disease in a communicable form,

that at the time of the marriage the respondent was pregnant
by some person other than the petitioner.

(3) The court shall not, in proceedings instituted after 30 June
1972, grant a decree of nullity on the ground that a marriage is voidable
(whether the marriage took place before or after 1 July 1972) if the
respondent satisfies the court

(a)that the petitioner, with knowledge that it was open to him to
have the marriage avoided, so conducted himself in relation to
the respondent as to lead the respondent reasonably to believe
that he would not seek to do so.. and

(b)that it would be unjust to the respondent to grant the decree.

(4) Without prejudice to subsection (3). the court shall not grant a
decree of nullity on the grounds mentioned in subsection (2)(c) (d). (e)
or (f) unless the court 'Is satisfied that the proceedings were instituted
within 3 years from the date of the marriage.

(5) Without prejudice to subsections (3) and (4). the court shall not
grant a decree of nullity on the grounds mentioned in subsection (2)(e)
or (f) unless the court is satisfied that the petitioner was at the time of
the marriage ignorant of the facts alleged.

(6) Subsection (3) replaces, in relation to any decree to which it
applies, any rule of law whereby a decree may be refused by reason of
approbation, ratification or lack of sincerity on the part of the petitioner
or on similar grounds.

(Replaced, 33 of 1972, s. 12)

20A. (1) Where apart from this Ordinance, any matter affecting the
validity of a marriage would fall to be determined (in accordance with the
rules of private international law) by reference to the law of a country
outside Hong Kong, nothing in section 20 shall

(a) preclude the determination of that matter as aforesaid, or

(b)require the application to the marriage of the grounds or bars
mentioned therein except so far as applicable in accordance
with those rules.

(2) In the case of a marriage which purports to have been
celebrated under the Foreign Marriages Acts 1892 to 1947 or has taken
place outside Hong Kong and purports to be a marriage under





common law, section 20(1) is without prejudice to any ground on which
the marriages may be void under those Acts or as the case may be, by
virtue of the rules governing the celebration of marriages

c
marria
ges

outside Hong Kong under common law.

(Added, 33 of 1972 s. 13)

20B. A decree of nullity granted after 30 June 1972 on the ground
that a marriage is voidable shall operate lo annul the marriage only as
respects any time after the decree has been made absolute, and the
marriage shall. notwithstanding the decree, be treated as if it had existed
up to that time

(Added, 33 of 1972. s. 13,,

21. If the court is satisfied that the case for the petition has been
proved, the court shall grant a decree of nullity.

22. Sections 15(5), 16 and 17 shall apply in relation to proceedings
for nullity of marriage as if for any reference in those provisions to
divorce there were substituted a reference to nullity of marriage.

(Amended 33 of' 197-1, s. 14)

23. Collusion shall not be a bar to the granting of a decree of
nullity, whether the marriage took place. or the proceedings were
instituted, before or after 1 July 1972.

33 ol 1972, s. 15)

PART V

OTHER MATRIMONIAL SUITS
ITS

24. (1) A petition for judicial separation may be presented to the
court by either party to a marriage on the ground that any such fact as is
mentioned in section 1 ]A( 1) exists. and sections 11 A(2). (3), 15A and
18A shall apply in relation to such a petition as if they apply in relation
to a petition for divorce. (Replaced. 33 of 1972 s. 16)

(IA) The court hearing a petition for judicial separation shall not be
concerned to consider whether the marriage has broken down
irretrievably and if it is satisfied on the evidence of any such fact as is
mentioned in section 11 A(1) it shall. subject to section 18 of the
Matrimonial Proceedings and Property Ordinance. grant a decree of
judicial separation. (Added, 33 of 1972 s. 16. Amended. 39 of 1972,s.33)

(2) Where the court grants a decree of judicial separation it shall no
longer be obligatory for the petitioner to cohabit with the respondent.

(3) The court may, on an application by petition of the spouse
against whom a decree of judicial separation has been made and on
being satisfied that the allegations in the petition are true. rescind the





decree at any time on the ground that it was obtained in the absence of
the applicant or, if desertion was the ground of the decree. that there
was reasonable cause for the alleged desertion.

25. [Repealed, subject to the First Schedule to the Matrimonial

Proceedings and Property v Ordinance, Chapter 192. The section is
reproduced in the Appendix to that Ordinance.]

26. (1) Any married person who alleges that reasonable grounds
exist for supposing that the other party to the marriage is dead may
present a petition to the court to have it presumed that the other party is
dead and to have the marriage dissolved, and the court may if satisfied
that such reasonable grounds exist. make a decree of presumption of
death and dissolution of the marriage.

(2) In any proceedings under this section the fact that for a period
of 7 years or more the other party to the marriage has been continually
absent from the petitioner and the petitioner has no reason to believe
that the other party has been living within that time shall be evidence that
the other party is dead until the contrary is proved.

(3) Section 15(5) and sections 16 to 18 shall apply to a petition and
a decree under this section as they apply to a petition for divorce and a
decree of divorce respectively. A mended 33 of 19 72s. 170 s. 1 17

(4) Neither collusion nor any other conduct on the part of the
petitioner which has at any time been a bar to relief in matrimonial
proceedings shall constitute a bar to the grant of a decree under this
section. (Added, 33 of 1972, s. 17)

PART VI

ANCILLARY RELIEF

27-31. [Repealed, subject to the First Schedule to the
Matrimonial
Proceedings and Property Ordinance, Chapter 192. The
sections are reproduced in the Appendix to that Ordinance.]

32. [Repealed, subject to the First Schedule to the Matrimonial
Proceedings and Property Ordinance, Chapter 192. Subsection (3),
reproduced below shall, however continue to apply to a case where
the
death occurred before 1 July 1972. The section is reproduced in the
Appendix to that Ordinance.]

(3) In a case of judicial separation-

(a)any property which is acquired by or devolves upon the wife
on or after the date of the decree whilst the separation
continues; and

(b)where the decree is obtained by the wife, any property to
which she is entitled for an estate in remainder or reversion
on the date of the decree,





shall, if she dies intestate, devolve as if her husband had then been
dead.

33-36. [Repealed, subject to the First Schedule to the Matri-

monial Proceedings and Property Ordinance, Chapter 192. The
sections are reproduced in the Appendix to that Ordinance.]

37. [Subsections (1), (2) and (3) repealed, subject to the First
Schedule to the Matrimonial Proceedings and Property Ordinance,
Chapter 192. Subsections (4) and (5), reproduced below. as applied
by section 40 (2) are still in force. The section is reproduced in the
Appendix to that Ordinance.]

(4) In considering for the purposes of subsection (1) the question
when representation was first taken out, a grant limited to settled land or
to trust property shall be left out of account. and a grant limited to real
estate or to personal estate shall be left out of account unless a grant
limited to the remainder of the estate has previously been made or is
made at the same time.

(5) For the purposes of any law which relates to the discretion of
the court as to the persons to whom administration is to be granted, a
person by whom an application is proposed to be made by virtue of this
section shall be deemed to be a person interested in the deceased's
estate.

38. (1) Where a person dies domiciled in Hong Kong and is
survived by a former spouse of his or hers (hereafter in this section
referred to as---thesurvivor'^) who has not remarried. the survivor may

(a)before the end of the period of 6 months beginning with the
date on which representation in regard to the estate of the
deceased is first taken out: or

(b)with the permission of the court. after the end of that period
but before the administration and distribution of the estate is
completed.

apply to the court for an order under this section on the ground that the
deceased has not made reasonable provision for the survivor's or's
maintenance after the deceased's death.

(2) If on an application under this section the court is satisfied-

(a)that it would have been reasonable for the deceased to make
provision for the survivor's maintenance; and

(b)that the deceased has made no provision. or has not made
reasonable provision. for the survivor's maintenance.

the court may order that such reasonable provision for the or's
maintenance as the court thinks fit shall be made out of the net estate of
the deceased, subject to such conditions or restrictions (if any) as the
court may impose.





(3) Where the court makes an order under this section requiring
provision to be made for the maintenance of the survivor. the order shall
require that provision to be made by. way of periodical payments
terminating not later than the survivor's death and. if the survivor
remarries, not later than the remarriage, so however that if the value of
the net estate of the deceased does not exceed SI 00.000 the order may
require that provision to be made wholly or in part by way of a lump sum
payment.

(4) On an application under this section the court shall have regard

(a)to the past, present or future capital of the survivor and to any
income of the survivor from any, source,

(b)to the survivor's conduct in relation to the deceased and
otherwise;

(e)to any application made or deemed to be made by- the
survivor during the lifetime of the deceased

(i) where the survivor is a former wife of the deceased. for
such an order as is mentioned in section 28(1) or that
subsection as applied by section 3 1,

(ii) where the survivor is a former husband of the deceased,
for such an order as could be made either under section 28(1 )
as applied by subsection (3) of that section or under section
29(2);

(iii) where the survivor is a former wife or a former husband
of the deceased, for an order under section 4 or 6 of the
Matrimonial Proceedings and Property Ordinance, (Added, 39
of 1972, s. 33)

and to the order (if any) made on any such application, or (if
no such application was made by the survivor. or such an
application was made by the survivor and no order was made
on the application) to the circumstances appearing to the
court to be the reasons why no such application was made, or
no such order was made, as the case may be, and

(d)to any other matter or thing which, in the circumstances of the
case, the court may consider relevant or material in relation to
the survivor, to persons interested in the estate of the
deceased, or otherwise.

(5) In determining whether, and in what way, and as from what date,
provision for maintenance ought to be made by an order under this
section, the court shall have regard to the nature of the property
representing the net estate of the deceased and shall not order any such
provision to be made as would necessitate a realization that would be
imprudent having regard to the interests of the dependants of the
deceased, of the survivor, and of the persons who apart from the order
would be entitled to that property.





(5A) For the avoidance of doubt it is hereby declared that
references in this section to remarriage include references to a marriage
which is by law void or voidable. (Added 39 of 1972, s.33)

(6) In this section and section 39-

'dependant' shall include

(a) a wife or husband;

(b)a daughter who has not been married. or who is. by reason of
some mental or physical disability. incapable of maintaining
herself,

(c) an infant son; or

(d)a son who is, by reason of some mental or physical disability,
incapable of maintaining himself:

'former spouse', in relation to a deceased person. means a person
whose marriage with the deceased was during the deceased's
lifetime dissolved or annulled;

estate' means all the property of which a deceased person had
power to dispose by his will (otherwise than b,, virtue of a special
power of appointment) less the amount of his funeral. testamentary
and administration expenses. debts and liabilities and estate duty
payable out of his estate on his death.

39. (1 ) Subject to the provisions of this section. where an order (in
this section referred to as---theoriginal order---) has been made under
section 38, the court. on an application under this section, shall have
power by order to discharge or vary the original order or to suspend
any provision of it temporarily. and to revive the operation of any,
provision so suspended.

(2) An application under this section may be made by. any, of the
following persons. that is to say--

(a)the former spouse on whose application the original order was
made;

(b) any other former spouse of the deceased;

(c) any dependant of the deceased,

(d) the trustees of any relevant property..

(c)any person who. under the will or codicil of the deceased or
under the law relating to intestacy. is beneficially, interested
in any relevant property.

(3) An order under this section varying the original order, or
reviving any suspended provision of it, shall not be made so as to affect
any property which. at the time of the application for the order under
this section. is not relevant property.





(4) In exercising the powers conferred by this section. the court
shall have regard to all the circumstances of the case, including any
change in the circumstances to which the court 'as required to have
regard in determining the application for the original order.

(5) In this section, -relevant property' means property the income
of which, in accordance with the original order or any consequential
directions given by the court in connexion with it, is applicable wholly
or in part for the maintenance of the former spouse on whose
application the original order was made.

40. (1) The provisions of sections 38 and 39 shall not render the
personal representatives of a deceased person liable for having
distributed any part of the estate of the deceased after the end of the
period mentioned in section 38(1) on the ground that they. ought to
have taken into account the possibility that the court might permit an
application under that section after the end of that period. or that an
order under that section might be varied under section 39, but this
subsection shall not prejudice any power to recover any, part of the
estate so distributed arising by virtue of the making of an order under
section 38 or section 39.

(2) Section 37(4) shall apply for the purposes of section 38(1) as it
applies for the purposes of section 37(1); and section 37(5) shall apply
in relation to an application under section 38 or section 39 as it applies
in relation to an application in pursuance of section 37.

41-44. [Repealed, subject to the First Schedule to the
Matrimonial Proceedings and Property Ordinance, Chapter 192. The
sections are reproduced in the Appendix to that Ordinance.]

PART VII

PROTECTION OF CHILDREN

45-47. [Repealed, subject to the First Schedule to the
Matrimonial Proceedings and Property Ordinance, Chapter 192. The
sections are reproduced in the Appendix to that Ordinance.]

48. (1) Where the court has jurisdiction by virtue of this Ordinance
or of the Matrimonial Proceedings and Property Ordinance to make an
order for the custody of a child and it appears to the court that there are
exceptional circumstances making it desirable that the child should be
under the supervision of an independent person, the court may, as
respects any period during which the child is, in exercise of that
jurisdiction, committed to the custody of any person, order that the
child be under the supervision of the Director of Social Welfare.
(Amended, 39 of 1972, s. 33)

(2) Where a child is under the supervision of the Director of Social
Welfare in pursuance of this section the jurisdiction possessed by a
court to vary any order made with respect to the child's custody,
maintenance or education under this Ordinance or under the Matri





monial Proceedings and Property Ordinance shall. subject to any rules,
be exercisable at the instance of that court itself. (Amended. 39 of 1972.
s. 33)

(3) The court shall have power from time to time by. an order under
this section to vary or discharge any provision made in pursuance of
this section.

48A. (1) Where the court has jurisdiction by, virtue of this
Ordinance or the Matrimonial Proceedings and Property Ordinance to
make an order for the custody of a child and it appears to the court that
there are exceptional circumstances making it impracticable or
undesirable for the child to be entrusted to either of the parties to the
marriage or to any other individual. the court may, if it thinks fit. make an
order committing the care of the child to the Director of Social Welfare.

(2) The court shall before making an order under this section hear
any representations from the Director of Social Welfare. including any
representations as to the making of a financial provision order in favour
of the child.

(3) While an order made by. virtue of this section is in force with
respect to a child, the child shall continue in the care of the Director of
Social Welfare notwithstanding an\ claim by a parent of the child or
another person.

(4) An order made by virtue of this section shall cease to have
effect as respects any child Mien lie attains the age of 21. and the court
shall not make an order committing the care of a child to the Director of'
Social Welfare under this section after the child has attained the age of
20.

(5) The court shall have power from time to time by an order under
this section to vary or discharge any provision made in pursuance of
this section.

10 ol 1983, s, 2 )

48B. Each parent or guardian of a child who for the time being. is--

(a)under the supervision of the Director of Social Welfare by
virtue of an order made under section 48: or

(b)in the care of the Director of Social Welfare by virtue of an
order made under section 48A.

shall within 1 month give notice to the Director of any change of
address of that parent or guardian and any, person who without
reasonable excuse fails to comply, with this section commits an offence
and is liable to a fine of $5,000

Added 10 ol 1983, s. 2





48C. For the avoidance of doubt. section 3 of the Guardianship of
Minors Ordinance (which provides that the welfare of the minor shall be
the first and paramount consideration) shall apply in relation to any
order for the custody care or supervision of a child which may be made
under this Ordinance or the Matrimonial Proceedings and Property
Ordinance.

(Added. 10 of1983, s. 2

PART VIII

MISCELLANEOUS
S

49. (1) Any person xkhoisaCommonix.ealtheitizeii. or whose right to
be deemed a Commonwealth citizen depends wholly or in part on his
legitimacy. or on the validity of any marriage. may if lie is domiciled in
Hong Kong or claims any real or personal estate situate in Hong Kong,
apply by petition to the court for a decree declaring that he is the
legitimate child of his parents. or that the marriage of his father and
mother or of his grandfather and grandmother was a valid marriage or
that his own marriage was a valid marriage. (Amended. 80 of 1982 s. 2)

(2) Any person claiming that he or his parent or any remoter
ancestor became or has become a legitimated person may, apply by
petition to the court, or may apply to the District Court in the manner
prescribed by rules. for a decree declaring that lie or his parent or
remoter ancestor, as the case may be, became or has become a
legitimated person.

In this subsection, 'legitimated person' means a person
legitimated or recognized as legitimated by or under any law.

(3) Where an application under subsection (2) is made to the
District Court, the District Court, if it considers that the case is one
which owing to the value of the property involved or otherwise ought to
be dealt with by the Supreme Court, may, and if so ordered by the
Supreme Court shall, transfer the matter to the Supreme Court; and on
such a transfer the proceeding shall be continued in the Supreme Court
as if it had been originally commenced by petition to the Supreme Court.

(4) Any person who is domiciled in Hong Kong or claims any real
or personal estate situate in Hong Kong may apply to the court for a
decree declaring his right to be deemed a Commonwealth citizen.
(Amended, 80 of 1982, s. 2)

(5) Applications to the Supreme Court (but not to the District
Court) under the foregoing provisions of this section may be included in
the same petition, and on any application under the foregoing
provisions of this section (including an application to the District Court)
the Supreme Court or the District Court shall make such decree as it
thinks just, and the decree shall be binding on Her Majesty and all other
persons whatsoever, so however that the decree shall not prejudice any
person





(a)if it is subsequently proved to have been obtained by fraud or
collusion; or

(b)unless that person has been given notice of the application in
the manner prescribed by rules or made a party to the
proceedings or claims through a person so given notice or
made a party.

(6) A copy of every application under this section and of any
affidavit accompanying it shall be delivered to the Attorney General at
least one month before the application is made. and the Attorney
General shall be a respondent on the hearing of the application and on
any subsequent proceedings relating thereto.

(7) Where any application is made under this section, such
persons as the Supreme Court or the District Court thinks fit shall.
subject to rules. be given notice of the application in the manner
prescribed by rules, and any such persons may be permitted to become
parties to the proceedings and to oppose the application.

(8) No proceedings under this section shall affect any final
judgment or decree already pronounced or made by any court of
competent jurisdiction.

50. (1) A petitioner may. on a petition for divorce or for judicial
separation or for damages only. claim damages from any, person on the
ground of adultery with the wife or husband of the petitioner.
(Aniended, 35 of 1971. s. 5)

(2) The court may direct in what manner the damages recovered on
any such petition are to be paid or applied, and may direct the whole or
any part of the damages to be settled for the benefit of the children. if
any. of the marriage. or as a provision for the maintenance of the wife.

(3) So far as the expressions apply for the interpretation of
subsection (2)

'adopted means adopted in pursuance of an adoption order made
under any enactment in force in Hong Kong at any time relating to
the adoption of children or any corresponding imperial enactment;

-relevant child' means a child who is

(a) a child of both parties to the marriage in question; or

(b)a child of one party to the marriage who has been accepted as
one of the family by the other party,

and in paragraphs (a) and (b) of this definition---child-includes
illegitimate child and adopted child: and reference to a child of the
marriage in subsection (2) includes reference to a child adopted by
both parties to the marriage.

51. [Repealed, 33 of 1972. s. 24]





52. (1) The evidence of a husband or wife shall be admissible in any
proceedings to prove that marital intercourse did or did not take place
between them during any period,. but a husband or wife shall not be
compellable in criminal proceedings to give evidence of the matters
aforesaid. (Amended, 25 of 1969 s. 8)

(2) The parties to any proceedings instituted in consequence of
adultery and the husbands and wives of the parties shall be competent
to give evidence in the proceedings. (Aniended, 25 of1969, S.8)

(3) In any proceedings for nullity of marriage, evidence on the
question of sexual capacity shall be heard in camera unless in any case
the judge is satisfied that in the interests of justice any. such evidence
ought to be heard in open court.

53. In every case in which any person is charged with adultery with
any party to a suit or in which the court may consider. in the interest of
any person not already, a party to the suit. that that person should be
made a party to the suit. the court may if it thinks, fit allow that person
to intervene upon such terms. if' any.. as the court thinks Just.

54. (1) The Chief Justice may make rules for the better carrying out
of the purposes and provisions of this Ordinance and in particular. but
without prejudice to the generality, of the foregoing. may make rules

(a) as to all matters of procedure under this Ordinance.

(b) prescribing the forms to be used under this Ordinance:

(c)with regard to any matter as to which rules may be made under
this Ordinance;

(d)providing for the enforcement in the Supreme Court of orders
made under this Ordinance in the District Court. (Added, 37 of
1971, s. 4)

(2) The Chief Justice, with the approval by resolution of the
Legislative Council, may make rules prescribing the fees and costs to be
paid, charged or allowed under this Ordinance.

(3) [Deleted, 79 of 1981, s. 51

PART IX

RECOGNITION OF OVERSEAS DIVORCES AND LEGAL
SEPARATIONS

55. (1) Sections 56 to 58 shall have effect, subject to section 61, as
respects the recognition in Hong Kong of the validity of overseas
divorces and legal separations.

(2) For the purposes of subsection (1) -overseas divorces and legal
separations' means divorces and legal separations which





(a)have been obtained by means of judicial or other proceedings
in any country outside Hong Kong; and

(b) are effective under the law of that country.

56. (1) The validity of an overseas divorce or legal separation shall
be recognized if, at the date of the institution of the proceedings in the
country in which it was obtained

(a) either spouse was habitually resident in that country, or

(b) either spouse was a national of that country.

(2) In relation to a country the law of which uses the concept of
domicile as a ground of jurisdiction in matters of divorce or legal
separation, subsection (1)(a) shall have effect as if the reference to
habitual residence included a reference to domicile within the meaning
of that law.

(3) In relation to a country comprising territories in which different
systems of law are in force in matters of divorce or legal separation, the
provisions of subsections (1) and (2) (except those relating to
nationality) shall have effect as if each territory were a separate country.

57. (1) Where there have been cross-proceedings. the validity of an
overseas divorce or legal separation obtaibed either in the original
proceedings or in the cross- proceed i rigs shall be recognized if the
requirements of paragraph (a) or (b) of section 56(1) are satisfied in
relation to the date of the institution either of the original proceedings
or of the cross proceed i rigs.

(2) Where a legal separation the validity of which is entitled to
recognition by virtue of the provisions of section 56 or of subsection
(1) of this section is converted. in the country in which it was obtained.
into a divorce, the validity of the divorce shall be recognized whether or
not it would itself be entitled to recognition by virtue of those
provisions.

58. (1) For the purpose of deciding whether an overseas divorce or
legal separation is entitled to recognition by virtue of this Part, any
finding of fact made (whether expressly or by implication) in the
proceedings by means of which the divorce or legal separation was
obtained and on the basis of which jurisdiction m as assumed in those
proceedings shall

(a)if both spouses took part in the proceedings. be conclusive
evidence of the fact found; and

(b)in any other case, be sufficient proof of that fact unless the
contrary is shown.

(2) In this section, finding of fact- includes a finding that either
spouse was habitually resident or domiciled in. or a national of. the
country in which the divorce or legal separation was obtained. and for
the purposes of subsection (1)(a). a spouse who has appeared in
judicial proceedings shall be treated as having taken part in them.





59. This Part is without prejudice to the recognition of the validity
of divorces and legal separations obtained outside Hone Kong

(a)by virtue of any rule of law relating to divorces or legal
separations obtained in the country of the spouses' domicile or
obtained elsewhere and recognized as valid in that country;

(b) by virtue of any Act;

but, save as aforesaid, no such divorce or legal separation shall be
recognized as valid in Hong Kong except as provided in this Part.

60. Where the validity of a divorce obtained in any country is
entitled to recognition by virtue of this Part or of any rule or enactment
preserved by section 59, neither spouse shall be precluded from
remarrying in Hong Kong on the ground that the validity of the divorce
would not be recognized in any other country.

61. (1) The validity of a divorce or legal separation obtained
outside Hong Kong shall not be recognized in Hong Kon. if it was
granted or obtained at a time when. according to the law of Hong Kong
(including its rules of private international law and the provisions of this
Part), there was no subsisting marriage between the parties.

(2) Subject to subsection (1), recognition by virtue of this Part or of
any rule preserved by section 59 of the validity of a divorce or legal
separation obtained outside Hong Kong may be refused if, and only if

(a) it was obtained by one spouse-

(i) without such steps having been taken for giving notice
of the proceedings to the other spouse as. having regard to
the nature of the proceedings and all the circumstances,
should reasonably have been taken., or

(ii) without the other spouse having been given (for any
reason other than lack of notice) such opportunity to take part
in the proceedings as, having regard to the matters aforesaid,
he should reasonably have been given; or

(b)its recognition would manifestly be contrary to public policy.

(3) Nothing in this Part shall be construed as requiring the
recognition of any findings of fault made in any proceedings for divorce
or separation or of any maintenance, custody or other ancillary order
made in any such proceedings.

62. (1) In this Part, 'country' includes a colony or other dependent
territory of the United Kingdom but for the purposes of this Part a
person shall be treated as a national of such a colony or dependent
territory only if it has a law of citizenship or nationality separate from
that of the United Kingdom and he is a citizen or national of that colony
or dependent territory under that law.





(2) The provisions of this Part relating to overseas divorces and
legal separations and other divorces and legal separations obtained
outside Hong Kong apply to a divorce or legal separation obtained
before 1 April 1972 as well as to one obtained on or after that date and,
in the case of a divorce or legal separation obtained before that date

(a)require, or, as the case may be, preclude, the recognition of its
validity in relation to any, time before that date as well as in
relation to any subsequent time., but

(b)do not affect any property rights to which any person became
entitled before that date or apply where the question of the
validity of the divorce or legal separation has been decided by
the court before that date.

(Part IX added, 11 of 1972. s. 2)
Originally 1 of 1967. 25 of 1967. 25 of 1967. 25 of 1969. 68 of 1970. 29 of 1971. 35 of 1971. 37 of 1971. 11 of 1972. 33 of 1972. 39 of 1972. 63 of 1979. 79 of 1981. 80 of 1982. 10 of 1983. Short title. Interpretation. 1965 c. 72.s. 46(2). (Cap. 178.) (Cap. 181.) (Cap. 178.) 1965 c. 72. S. 26(6). Jurisdiction in divorce. 1965 c. 72.2. 40(1). Jurisdiction in nullity. 1965 c. 72. S. 40(1). Jurisdiction in judicial separation. 1965. c. 72. S. 40(1). Jurisdiction in presumption of death. 1965 c. 72. S. 14(5). Effect of dissolution under Marriage Reform Ordinance. (Cap 178.) (Cap. 178) Law of Hong Kong applicable. 1965 c. 72.s. 14(5) & 40(2). Power to grant relief limited to certain marriages. (Cap. 178.) practice and procedure. Commencement and transfer of proceedings. Ground for petition. 1969 c. 55, s 1. Proof of ground for petition. cf. 1969 c. 55, s. 2(1). 1969 c. 55, s. 2(4). 1969 c 55, s. 2(5). Restriction on petitions within three years of marriage. 1965 c. 72, s. 2. 1970 c. 45, s. 35. (Cap. 192.) Divorce not precluded by previous judicial separation. 1965 c. 72, s. 3. (Cap. 16.) Alleged adulterer as a party. 1965 c. 72, s. 4. Hearing of petition. 1969 c. 55, s. 2(2). 1969 c. 55, s. 2(3). 1965 c.72, 5(5). 1965 c. 72, s. 5(6). 1965 c. 72, s. 5(7). Provisions to encourage reconciliation. [cf. 1969 c. 55, s. 3(2)-(6).] Decree to be refused in certain circumstances. 1969 c. 55, s. 4. Power to rescind decree nisi in certain cases. 1969 c. 55, s. 5. Intervention of the Proctor. 1965 c. 72, s. 6. Proceedings after decree nisi. 1965 c. 72, s. 7. Financial protection for respondent in certain cases. 1969 c. 55, s. 6. Remarriage of divorced persons. 1965 c. 72, s. 8. Court not to dismiss petition or application to make absolute a decree nisi on ground of collusion or misconduct of petitioner. 1969 c. 55, s. 9(3). Rules. 1969 c. 55, s. 2(6). 1969 c. 55, s. 3(1). 1969 c. 55, s. 7(1). Petition for nullity. Grounds for decree of nullity. [cf. 1971 c. 44, s. 1.] (Cap. 181.) 1971 c. 44, s. 2. (Cap. 136.) 1971 c. 44, s. 3(1). 1971 c. 44, s. 3(2). 1971 c. 44, s. 3(3). [cf. 1971 c. 44, s. 3(4)]. Foreign marriages.1971 c. 44, s. 4. 1892 c. 23. 1947 c. 33. Decree of nullity in case of voidable marriage. 1971 c. 44, s.5. Granting of decree of nullity. Application of ss. 15(5), 16 and 17 to nullity proceedings. 1971 c. 44, s. 6(1). Judicial separation. 1969 c. 55, s. 8(2). 1969 c. 55, s. 8(3). (Cap 192.) 1965 c. 72.s. 12. Presumption of death and dissolution of marriage. 1965 c. 72, s. 14. 1971 c. 44, s. 6(2). Orders for maintenance from deceased's estate. 1965 c. 72, s. 26. (Cap. 192.) 1970 c. 45, s. 36. Discharge and variation of orders under s. 38. 1965 c. 72, s. 27. Additional provisions as to orders under ss. 38 and 39. 1965 c. 72, s. 28. Power to provide for supervision of children. 1965 c. 72, s. 37. (Cap. 192.) (Cap. 192.) Power to commit children to care of Director of Social Welfare. [cf. 1973 c. 18, s. 43.] (Cap. 192.) Parent or guardian to inform Director of Social Welfare of change of address. Application of section 3 of the Guardianship of Minors Ordinance. (Cap. 13) (cap. 192.) Declarations of legitimacy, etc. 1965 c. 72, s. 39. Damages for adultery. 1965 c. 72, s. 41. 1965 c. 72, s. 46(2).1965 c. 72, s. 46(2). Evidence. 1965 c. 72, s. 43. Power to allow intervention on terms 1965 c. 72, s. 44. Rules. Recognition in Hong Kong of overseas divorces and legal separations. 1971 c. 53, s. 2. Ground for recognition. 1971 c. 53, s. 3. Cross-proceedings and divorces following legal separations. 1971 c. 53, s. 4. Proof of facts relevant to recognition. 1971 c. 53, s. 5. Certain existing rules of recognition to continue in force. 1971 c. 53, s. 6. Non-recognition of divorce by third country no bar to remarriage. 1971 c. 53, s. 7. Exceptions from recognition. 1971 c. 53, s. 8. Interpretation and transitional provisions. 1971 c. 53, s. 10(3) & 4.

Originally 1 of 1967. 25 of 1967. 25 of 1967. 25 of 1969. 68 of 1970. 29 of 1971. 35 of 1971. 37 of 1971. 11 of 1972. 33 of 1972. 39 of 1972. 63 of 1979. 79 of 1981. 80 of 1982. 10 of 1983. Short title. Interpretation. 1965 c. 72.s. 46(2). (Cap. 178.) (Cap. 181.) (Cap. 178.) 1965 c. 72. S. 26(6). Jurisdiction in divorce. 1965 c. 72.2. 40(1). Jurisdiction in nullity. 1965 c. 72. S. 40(1). Jurisdiction in judicial separation. 1965. c. 72. S. 40(1). Jurisdiction in presumption of death. 1965 c. 72. S. 14(5). Effect of dissolution under Marriage Reform Ordinance. (Cap 178.) (Cap. 178) Law of Hong Kong applicable. 1965 c. 72.s. 14(5) & 40(2). Power to grant relief limited to certain marriages. (Cap. 178.) practice and procedure. Commencement and transfer of proceedings. Ground for petition. 1969 c. 55, s 1. Proof of ground for petition. cf. 1969 c. 55, s. 2(1). 1969 c. 55, s. 2(4). 1969 c 55, s. 2(5). Restriction on petitions within three years of marriage. 1965 c. 72, s. 2. 1970 c. 45, s. 35. (Cap. 192.) Divorce not precluded by previous judicial separation. 1965 c. 72, s. 3. (Cap. 16.) Alleged adulterer as a party. 1965 c. 72, s. 4. Hearing of petition. 1969 c. 55, s. 2(2). 1969 c. 55, s. 2(3). 1965 c.72, 5(5). 1965 c. 72, s. 5(6). 1965 c. 72, s. 5(7). Provisions to encourage reconciliation. [cf. 1969 c. 55, s. 3(2)-(6).] Decree to be refused in certain circumstances. 1969 c. 55, s. 4. Power to rescind decree nisi in certain cases. 1969 c. 55, s. 5. Intervention of the Proctor. 1965 c. 72, s. 6. Proceedings after decree nisi. 1965 c. 72, s. 7. Financial protection for respondent in certain cases. 1969 c. 55, s. 6. Remarriage of divorced persons. 1965 c. 72, s. 8. Court not to dismiss petition or application to make absolute a decree nisi on ground of collusion or misconduct of petitioner. 1969 c. 55, s. 9(3). Rules. 1969 c. 55, s. 2(6). 1969 c. 55, s. 3(1). 1969 c. 55, s. 7(1). Petition for nullity. Grounds for decree of nullity. [cf. 1971 c. 44, s. 1.] (Cap. 181.) 1971 c. 44, s. 2. (Cap. 136.) 1971 c. 44, s. 3(1). 1971 c. 44, s. 3(2). 1971 c. 44, s. 3(3). [cf. 1971 c. 44, s. 3(4)]. Foreign marriages.1971 c. 44, s. 4. 1892 c. 23. 1947 c. 33. Decree of nullity in case of voidable marriage. 1971 c. 44, s.5. Granting of decree of nullity. Application of ss. 15(5), 16 and 17 to nullity proceedings. 1971 c. 44, s. 6(1). Judicial separation. 1969 c. 55, s. 8(2). 1969 c. 55, s. 8(3). (Cap 192.) 1965 c. 72.s. 12. Presumption of death and dissolution of marriage. 1965 c. 72, s. 14. 1971 c. 44, s. 6(2). Orders for maintenance from deceased's estate. 1965 c. 72, s. 26. (Cap. 192.) 1970 c. 45, s. 36. Discharge and variation of orders under s. 38. 1965 c. 72, s. 27. Additional provisions as to orders under ss. 38 and 39. 1965 c. 72, s. 28. Power to provide for supervision of children. 1965 c. 72, s. 37. (Cap. 192.) (Cap. 192.) Power to commit children to care of Director of Social Welfare. [cf. 1973 c. 18, s. 43.] (Cap. 192.) Parent or guardian to inform Director of Social Welfare of change of address. Application of section 3 of the Guardianship of Minors Ordinance. (Cap. 13) (cap. 192.) Declarations of legitimacy, etc. 1965 c. 72, s. 39. Damages for adultery. 1965 c. 72, s. 41. 1965 c. 72, s. 46(2).1965 c. 72, s. 46(2). Evidence. 1965 c. 72, s. 43. Power to allow intervention on terms 1965 c. 72, s. 44. Rules. Recognition in Hong Kong of overseas divorces and legal separations. 1971 c. 53, s. 2. Ground for recognition. 1971 c. 53, s. 3. Cross-proceedings and divorces following legal separations. 1971 c. 53, s. 4. Proof of facts relevant to recognition. 1971 c. 53, s. 5. Certain existing rules of recognition to continue in force. 1971 c. 53, s. 6. Non-recognition of divorce by third country no bar to remarriage. 1971 c. 53, s. 7. Exceptions from recognition. 1971 c. 53, s. 8. Interpretation and transitional provisions. 1971 c. 53, s. 10(3) & 4.

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