(Cap. 181).
1965, c. 72, *, 26(6).
1965, c. 12, 9. 46(7).
Jurisdiction
in divorce.
"court" means the Supreme Court:
"deported" includes being prohibited from landing in Hong Kong, being obliged to leave Hong Kong by reason of the refusal to grant or renew, or the revocation of, a permit to remain in Hong Kong and an order of expulsion:
"monogamous marriage" means a marriage which was-
(a) if it took place in Hong Kong, celebrated or contracted in accordance with the provisions of the Marriage Ordinance; or
(b) if it took place outside Hong Kong, celebrated or contracted in accordance with the law in force at the time and in the place where the marriage was performed and recognized by such law as involving the voluntary union for life of one man and one woman to the exclusion of all others;
"property" means any real or personal property, any estate or interest in real or personal property, any money, any negotiable instrument, debt or other chose in action, and any other right or interest whether in possession or not;
"the Proctor" means the Attorney General;
"relevant child” means a child who is
(a) a child of both parties to the marriage in question; or
(b) a child of one party to the marriage who has been accepted
as one of the family by the other party,
and in paragraphs (a) and (b) of this definition "child" includes illegitimate child and adopted child; and references to a child of the marriage in section 29, subsection (3) of section 33, subsection (2) of section 34, subsection (2) of section 46 and subsection (2) of section 50 include references to a child adopted by both parties to the marriage.
3.
PART II.
JURISDICTION OF COURT,
The court shall have jurisdiction in proceedings for divorce under this Ordinance if
(a) both parties to the marriage were domiciled in Hong Kong at
the date of the petition; or
3
(b) in the case of proceedings by a wife-
4.
(i) the wife was resident in Hong Kong at the date of the petition and has been ordinarily resident in Hong Kong for the period of three years immediately preceding the date of The petition; or
(i) the wife has been deserted by her husband or the husband has been deported from Hong Kong under any law and the husband was immediately before the desertion or deportation domiciled in Hong Kong,
1965. c. 72, # 40(1).
The court shall have jurisdiction in proceedings for mullity Jurisdiction under this Ordinance if
Io nullity.
(a) either of the parties to the marriage was domiciled in Hong
Kong at the date of the petition;
(b) in the case of proceedings by a wife-
(i) the wife was resident in Hong Kong at the date of the petition and has been ordinarily resident in Hong Kong for the period of three years immediately preceding the date of the petition; or
(i) the wife has been deserted by her husband or the husband has been deported from Hong Kong under any law and the busband was immediately before the desertion or deportation domiciled in Hong Kong;
(c) both parties to the marriage were resident in Hong Kong at
the date of the petition:
(d) the respondent in the proceedings was resident in Hong Kong
at the date of the petition; or
(e) the marriage was celebrated in Hong Kong.
1965, c. 72, 9. 4001).
5. The court shall have jurisdiction in proceedings for judicial Jurisdiction separation under this Ordinance if-
(a) both parties to the marriage were domiciled in Hong Kong
at the date of the petition:
(b) both parties to the marriage were resident in Hong Kong at
the date of the petition; or
in judicial
separation.
(c) in the case of proceedings by a wife, the wife has been deserted 1965, c. 72,
by her husband or the husband has been deported from Hong 6. 4001).
Kong under any law and the husband was immediately before
the desertion or deportation domiciled in Hong Kong.