Court, lawfully exercising jurisdiction.
A Hong Kong Ordinance purporting to validate the divorce would in effect/amount to an amendment of the Act and would therefore be void as repugnant to the Act under the Colonial Laws Validity Act, 1865.
(b) Even if it could be maintained that the Court was properly constituted and capable of lawfully exercising jurisdiction, the question might arise as to whether the provisions of the Hong Kong (Non-Domiciled Parties) Divorce Rules, 1936, made under the Act of 1926 were, or could be, complied with - e.g. Rules 3, 4, 20 and 25. Any Hong Kong Ordinance repugnant to the Rules would likewise be ultra vires.
Court, lawfully exercising jurisdiction.
A Hong Kong Ordinance purporting to validate
eff
the divorce would in effect/amount to an amendment
46
woda popoln
enack itt a ceno pronounced otherwis
under the Act otherwis
of the Act and would therefore be void as repugnant to the thian & such a
Act under the Colonial Laws Validity Act, 1865.
(b) Even if it could be maintained that the
Court was properly constituted and, capable of lawfully
might exercising jurisdiction, the question dy arise
as to whether the provisions of the Hong Kong
(Non-Domiciled Parties) Divorce Rules, 1936, made under
the Act of 1926 were, or could be, complied with -
e.. Rules 3, 4, 20 and 25. Any Hong Kong Ordinance
repugnant to the Rules would likewise be ultra vires.
I cont shall h deemed h
valid, as I
wondd
Настран
SEVER.
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