破
Repeal and replacement of
section 20.
1969 c. 55. - 300.
1969 c. 35, *. 7901.
sents to a decrce being granted, the respond- ent has been given such information as will enable him to understand the consequences to him of his consenting to a decree being granted and the steps which he must take to indicate that he consents to the grant of a decree; and
(b) requiring the solicitor acting for a petitioner for divorce to certify whether he has dis- cussed with the petitioner the possibility of a reconciliation and given him the names and address of persons qualified to help effect a reconciliation between the parties to a mar- riage who have become estranged; and (c) enabling the parties to a marriage, or either of them, on application made either before or after the presentation of a petition for divorce, to refer to the court any agreement or arrangement made or proposed to be made between them, being an agreement or arrangement which relates to, arises out of. or is connected with, the proceedings for divorce which are contemplated or, as the case may be, have begun, and for enabling the court to express an opinion, should it think it desirable to do so, as to the reasonableness of the agreement or arrangement and to give such directions, if any, in the matter as it thinks fit.".
12. Section 20 of the principal Ordinance is repealed and re- placed by the following new section-
"Grounds
for desce
of nullity.
19. 1971 6. 44.
a. I.]
(Cap. 181.)
20. (1) A marriage which takes place after 30th June 1972 shall be void on any of the following grounds only-
(a) that it is not a valid marriage under section 27 of the Marriage Ordinance, that is to say- () the parties to the marriage are within the probibited degrees of kindred or affinity;
or
(ii) either party is under the age of six- teen; or
(iii) the parties have intermarried in dis- regard of certain requirements as to the formation of marriage;
1971 4, 44, 12
ICBp. 136)
1971 x 44.
13.
(6) 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 the 30th 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
(d)
of duress, mistake, unsoundness of mind or otherwise;
that at the time of the marriage either party to the marriage, though capable of giving a valid consent, was suffering, whether con- tinuously or intermittently, from mental dis- order within the meaning of the Mental Health Ordinance of such a kind or to such extent as to be unfitted for marriage;
(e) that at the time of the marriage the respond- ent was suffering from venereal disease in a communicable form:
( that at the time of the marriage the respond- ent was pregnant by some person other than the petitioner.
(3) The court shall not, in proceedings instituted after the 30th June 1972, grant a decree of nullity on the ground that a marriage is voidable (whether the marriage took place before or after 1st July 1972) if the respondent satisfies the court-
K
(a) that the petitioner, with knowledge that it was open to him to have the marriage avoid- ed, so conducted himself in relation to the respondent as to lead the respondent reason- ably to believe that he would not seek to do so; and