Addition of new sections 20A and 208.
1971 c. 44. 4. XD.
1971 & 44. 133)
[F. 1971, 44,
10
(6) that it would be unjust to the respondent to
grant the decree.
(4) Without prejudice to subsection (3), the court shall not grant a decree of nullity on the grounds men- tioned in subsection (2)(c), (d), (e) or (f) unless the court is satisfied that the proceedings were instituted within three years from the date of the marriage.
(5) Without prejudice to subsections (3) and (4), the court shall not grant a decree of nullity on the grounds mentioned in subsection (2)(e) or (f) unless the court is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged.
(6) Subsection (3) replaces, in relation to any decree to which it applies, any rule of law whereby a decree may be refused by reason of approbation, ratification or lack of sincerity on the part of the petitioner or on similar grounds.".
13. The principal Ordinance is amended by adding after sec- tion 20 the following new sections-
""Foreign marriages. J971 . 44, J. 4.
1891, 23. 15647 12 33.
20A. (1) Where apart from this Ordinance, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Hong Kong, nothing in section 20 shall-
(a) preclude the determination of that matter as
aforesaid: or
(b) require the application to the marriage of the grounds or bars mentioned therein except so far as applicable in accordance with those rules.
(2) In the case of a marriage which purports to have been celebrated under the Foreign Marriages Acts 1892 to 1947 or bas taken place outside Hong Kong and purports to be a marriage under common Jaw, section 20(1) is without prejudice to any ground on which the marriages may be void under those Acts or as the case may be, by virtue of the rules governing the celebration of marriages outside Hong Kong under common law.
Decree of nullity in
case of
voidable marriage.
1971 & 444.
11
208. A decree of nullity granted after 30th June 1972 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the decree has been made absolute, and the marriage shall, notwithstanding the decree, be treated as if it had existed up to that time.”.
14. Section 22 of the principal Ordinance is amended by deleting “(7)" and substituting the following-
**(5)".
15. The principal Ordinance is amended by adding after seç- tion 22 the following new section-
"Collusion not to be bar lo relief in nuility pro- ceedings.
1979 & 444.
K SU
23. Collusion shall not be a bar to the granting of a decree of nullity, whether the marriage took place, or the proceedings were instituted, before or after the 1st July 1972".
16. Section 24 of the principal Ordinance is amended—
by deleting subsection (1) and substituting the follow- ing-
(a)
**1969 * $5. L. (2)
(1) A petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such fact as is mentioned in section 11A(1) exists, and sections 11A(2), (3), 15A and 18A shall apply in relation to such a petition as if they apply in relation to a petition for divorce."; and
(5) by inserting after subsection (1) the following new sub-
section-
**1969 c. 55,
BM),
(IA) The court hearing a petition for judicial separation shall not be concerned to consider whether the marriage has broken down irretrievably and if it is satisfied ou the evidence of any such fact as is mentioned in section [A(1), it shall, subject to section 45, grant a decree of judicial separation.".
17. Section 26 of the principal Ordinance is amended— (2) in subsection (3) by deleting "(7)" and substituting the
following-
"(5)"; and
Amendment of section 22.
Addition of new applion 23.
Amendment of section 24.
Amendment of section 26.