NOTHING TO BE WRITTEN IN THIS MARGIN
Registry No.
HKK 14/4
DRAFT
Saving Despatch Type 1 +
SECURITY CLASSIFICATION
Top Secret.
To:-
Secret.
Confidential.
Restricted.
Unclassified.
PRIVACY MARKING
..In Confidence
See vermel draft-
From
Telephone No. & Ext.
Department
1
Our Legal Advers have commented as follows on the proposals set out in The enclosure to your Saringram under
Your Saving Despatch No. 1374 of
22 October ref. GR 24/3231/67.
Chinese marriages in Hong Kong
We have now considered your saving despatch
move, and Our Legal Adviser has written that: reference love, and
But Her chanflaghe
1Stet
2.
3.
#
As I understand paragraphs 9, 11 and 1 Lyou above during Decapocket), thenoloxqce A Fit is proposed that
where the legal system of a country
provides for the Chinese modern marriage
and persons contract such a marriage in
such a country, whether before or after
"the appointed date", that marriage shall
be capable of being dissolved in Hong Kong
by mutual consent provided that both
spouses can show that on the date of the
divorce there existed a real and sub-
stantial connexion between the two parties
and Hong Kong.
This proposal is founded on the changes
consequent in the law of England on the
House of Lords decision in Indyka versus
Indyka, changes which in the opinion of the
Covernor's legal advisers will lessen the
-
risk that such divorces would not be recog-
nised in England.
Nothwithstanding, however, the above
mentioned decision, the basic rule still
remains that the English courts continue to
recognise decrees of divorce pronounced by
/the
W(B)L 51-7433