for jurisdiction in the Colony over the dissolution of marriages. The present rule would be particularly harsh when once large members of Chinese residents whose domicile is doubtful came within the scope of legislation. One possibility which immediately suggests itself is the general extension of the present jurisdiction based on three years residence, at present only available to wives. This would mean that all married persons who have been ordinarily resident in Hong Kong for three years would have available to them the jurisdiction of the Supreme Court to grant divorces, either on the grounds now existing, or by consent of the parties. The question of the basis of jurisdiction is a highly technical one which deserves a more extended treatment than is possible within the scope
of this report. The Sub-Committee would stress, however, in accordance with its views on other aspects of the proposals under discussion, that whatever basis of jurisdiction is chosen it should be the same for all members of the community, and should be the same for all types of divorce.
82. To summarise, the majority of the members of the Sub- Committee would favour legislation not just to regulate the dis- solutions by consent which are now frequently applied to Chinese marriages, but to establish a single divorce law to embrace all people who are domiciled in the Colony, or who are at least long-term residents, without regard to race or other distinctions. In view of the overwhelmingly large Chinese majority in the population of Hong Kong, the Sub-Committee feels that divorce by consent should be a feature of such a unified law, in line with the long standing Chinese view of the essentially consensual, rather than sacramental, character of marriage. In conformity with the needs of modern life, however, the majority of the Sub-Committee takes the view that divorce by consent, if it is to be sanctioned by the law, should satisfy certain basic requirements for the welfare of the parties concerned, more particularly of women and children. These requirements should be satisfied by proper judicial pro- ceedings worthy of the importance which a modern Government must attach to the legal status and well being of even the humblest members of the community.
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