Logical extension to all divorce jurisdiction.
Need for criteria
to establish a
11. (contd)
that marriage by mutual consent, then it would seem reasonable that they also should be permitted tu dissolve their marriage in this way in Hong Kong: provided, of course, that they could show that there now existed a real and substantial connection between
themselves and Hong Kong.
12.
It must be noted in passing that the logical next step would be to permit all persons who have acquired a real and substantial connection with long Kong to have access to our Courts for the purpose of obtaining relief under our latrineuial Causes Ordinance, which at present lisits the jurisdiction of the Courts in divorce proceedings to husbands who are domiciled in Hong Kong and to wives who have had three years residence. But this, of course, is opening up the general field of divorce law reform as distinct from the problem of Chinese marriages in Hong Kong.
13.
If the present proposal is accepted then it will be for us to suggest what are the criteria which stantial connection"should suffice to establish that a person has acquired with Hong Kong.
"real and sub-
a real and substantial connection with Hong Kong. Any Chinese modern carriage, wherever celebrated, should then be capable of being dissolved by mutual conseut in long Kong if these criteria are met. This is the first of the recommendations now being made.
The fact that the marriage took place in Hong Kong will no longer of itself entitle the parties to dissolvo it here.
14.
This recommendation involves a restriction on the proposal concerning dissolution of marriage (new recommendation No. 8.) as well as the removal of a limitation. The fact that the marriage took place in Hong Kong will no longer of itself ontitle the parties
to dissolve it here.
They will have to show in addition the existence of a real and substantial connection with
{long Kong.
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