CAP. 179]
Matrimonial Causes
[1983 Ed.
1971 c. 44, s. 2.
(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;
(Cap. 136.)
1965 c. 72, s. 9(2).
1965 c. 72, s. 9(3)
(ii) was a mentally disordered person within the meaning of the Mental Health Ordinance of such a kind or to such an extent as to be unfitted for marriage and the procreation 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 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.
(3) The court shall not grant a decree of nullity in a case falling within paragraph (b), (c) or (d) of subsection (2) unless it is satisfied that-
(a) the petitioner was at the time of the marriage ignorant of the facts alleged; and
(b) proceedings were instituted within a year from the date of the marriage; and
(c) marital intercourse with the consent of the petitioner has not taken place since the petitioner discovered the existence of the grounds for a decree.
(4) Nothing in this section shall be construed as validating a marriage which is by law void but with respect to which a decree of nullity has not been granted.