WEDNESDAY, OCTOBER 12, 1994
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SECOND READING OF MATRIMONIAL CAUSES (AMENDMENT) BILL 1994
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THE FOLLOWING IS A SPEECH BY THE SECRETARY FOR HOME AFFAIRS, THE HON MR MICHAEL M Y SUEN, ON SECOND READING OF THE MATRIMONIAL CAUSES (AMENDMENT) BILL 1994 IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY):
MR PRESIDENT,
1 MOVE THAT THE MATRIMONIAL CAUSES (AMENDMENT) BILL 1994 BE READ A SECOND TIME.
THE LAW OF DIVORCE IN HONG KONG HAS REMAINED ESSENTIALLY UNCHANGED SINCE THE EARLY 1970S. SINCE THEN, THERE HAVE BEEN SIGNIFICANT CHANGES IN COMMUNITY ATTITUDES TOWARDS DIVORCE. IT IS AGAINST THIS BACKGROUND, AND WITH DUE REGARD TO THE OUTCOME OF WIDE- RANGING CONSULTATION AND A SURVEY OF PUBLIC OPINION, THAT THE LAW REFORM COMMISSION HAS RECOMMENDED A THOROUGH OVERHAUL OF THIS AREA OF THE LAW.
THE MATRIMONIAL CAUSES (AMENDMENT) BILL 1994 SEEKS ΤΟ IMPLEMENT THE LAW REFORM COMMISS LON'S RECOMMENDATIONS.
UNDER THE PRESENT LAW, DIVORCE PROCEEDINGS MUST BE CONDUCTED ON THE ADVERSARIAL BASIS OF PETITIONER AND RESPONDENT. THE SOLE GROUND FOR DIVORCE IS IRRETRIEVABLE BREAKDOWN OF MARRIAGE. TO ESTABLISH THIS STATE OF AFFAIRS, APPLICATIONS FOR DIVORCE HAVE TO BE BASED ON ONE OR MORE OF FIVE FACTS, THESE INCLUDE SEPARATION FOR TWO YEARS WHERE BOTH PARTIES CONSENT TO THE DIVORCE AND SEPARATION FOR FIVE YEARS WHERE ONE PARTY DOES NOT CONSENT. THE PRESENT LAW ALSO PROVIDES THAT PETITIONS FOR DIVORCE CANNOT NORMALLY BE MADE UNTIL THREE YEARS AFTER MARRIAGE.
THE REFORMS EMBODIED IN THE BILL ARE INTENDED TO BRING THE LAW OF DIVORCE INTO LINE WITH CURRENT DAY COMMUNITY EXPECTATIONS AND REDUCE THE HARDSHIP, ACRIMONY AND DISTRESS IN DIVORCE PROCEEDINGS. THESE AIMS ARE TO BE ACHIEVED BY REDUCTIONS IN THE MINIMUM PERIODS OF SEPARATION AND MARRIAGE BEFORE DIVORCE PROCEEDINGS MAY BE COMMENCED, AS WELL AS THROUGH PROVISION OF A NEW NON-ADVERSARIAL PROCEDURE OF DIVORCE BY MUTUAL CONSENT. PROCEEDINGS ON THIS BASIS MAY RELY ON THE FACTS OF EITHER ONE YEAR'S SEPARATION OR ONE YEAR'S PRIOR NOTICE OF INTENTION TO DIVORCE DURING WHICH THERE WOULD BE NO SEPARATION HEQUIREMENT.
THE OPPORTUNITY HAS ALSO BEEN TAKEN IN THE BILL ΤΟ REMEDY PROVISIONS IN THE PRINCIPAL ORDINANCE FOR DIFFERENTIAL TREATMENT BETWEEN THE SEXES WITH RESPECT TO THE COURT'S JURISDICTION AND DIVORCE PROCEEDINGS CITING THE FACT OF ADULTERY, WHICH MAY NOT BE COMPATIBLE WITH THE BILL OF RIGHTS.
TURNING TO THE MAIN PARTS OF THE BILL : CLAUSES 3 TO 6 PROVIDE FOR HUSBANDS AND WIVES TO BE SUBJECT TO THE SAME CRITERIA WITH RESPECT TO THE COURT'S JURISDICTION IN MATRIMONIAL PROCEEDINGS UNDER THE ORDINANCE. HABITUAL RESIDENCE IN HONG KONG FOR THREE YEARS 1S INCLUDED AS A NEW BASIS FOR JURISDICTION,
/CLAUSE 7