1972-HKRS28-16-20_Part01 — Page 22

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Grounds for

(a) have been obtained by means of judicial or other proceedings in any country outside Hong Kong, and

(b) are effective under the law of that country. 56. (1) The validity of an overseas divorce or recognition. legal separation shall be recognized if, at the date of the institution of the proceedings in the country in which it was obtained-

1971. ¢.53, 1.3.

Cross-pro-

ceedings and

divorces following legal separations.

1971, 6.53, 1.4.

Proof of facts no- levant to

(a) either spouse was habitually resident in that

country; or

(b) either spouse was a national of that country.

(2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdic- tion in matters of divorce or legal separation, sub- section (1Ka) shall have cffect as if the reference to habitual residence included a reference to domicile within the meaning of that law.

(3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the provisions of subsections (1) and (2) (except those relating to nationality) shall have effect as if each territory were a separate country.

57. (1) Where there have been cross-proceedings. the validity of an overseas divorce or legal separation obtained either in the original proceedings or in the cross-proceedings shall be recognized if the require- ments of paragraph (2) or (b) of section 56(1) are satisfied in relation to the date of the institution either of the original proceedings or of the cross- proceedings.

(2) Where a legal separation the validity of which is entitled to recognition by virtue of the provisions of section 56 or of subsection (1) of this section is converted, in the country in which it was obtained. into a divorce, the validity of the divorce shall be recognized whether or not it would itself be entitled to recognition by virtue of those provisions.

58. (1) For the purpose of deciding whether an overseas divorce or legal separation is entitled to recognition. recognition by virtue of this Part, any finding of fact made (whether expressly or by implication) in the proceedings by means of which the divorce or legal

1971, c.53, 1.5.

Certain existing rules of recognition

to continue in force. 1971, 6253, 0,6,

Non- recognition of divorce by third

country no bar to re marriage. 1971. c.43, 1.3.

Exceptions from recognition. 1971, 2.53, 1,8,

separation was obtained and on the basis of which jurisdiction was assumed in those proceedings shall- (a) if both spouses took part in the proceedings, be conclusive evidence of the fact found; and

(5) in any other case, be sufficient proof of that

fact unless the contrary is shown.

(2) In this section "finding of fact" includes a finding that either spouse was habitually resident or domiciled in, or a national of, the country in which the divorce or legal separation was obtained; and for the purposes of subsection (1)(a), a spouse who has appeared in judicial proceedings shall be treated as having taken part in them.

59. This Part is without prejudice to the recogni- tion of the validity of divorces and legal separations obtained outside Hong Kong-

() by virtue of any rule of law relating to divorces or legal separations obtained in the country of the spouses' domicile or obtained elsewhere and recognized as valid in that country;

(b) by virtue of any Act;

but, save as aforesaid, no such divorce or legal separa- tion shall be recognized as valid in Hong Kong except as provided in this Part.

60. Where the validity of a divorce obtained in any country is entitled to recognition by virtue of this Part or of any rule or enactment preserved by section 59, neither spouse shall be precluded from re- marrying in Hong Kong on the ground that the validity of the divorce would not be recognized in any other country,

61. (1) The validity of a divorce or legal separation obtained outside Hong Kong shall not be recognized in Hong Kong if it was granted or obtained at a time when, according to the law of Hong Kong (including its rules of private international law and the provisions of this Part), there was no subsisting marriage between the parties.

(2) Subject to subsection (1), recognition by virtue of this Part or of any rule preserved by section 59 of the validity of a divorce or legal separation