1972-HKRS28-16-20_Part01 — Page 23

Interpreta tion and transitional provisions.

1971, 6.53, (103) & (4.

obtained outside Hong Kong may be refused if, and

only if

() it was obtained by one spouse-

(i) without such steps having been taken for giving notice of the proceedings to the other spouse as, baving regard to the nature of the proceedings and all the circumstances. should reasonably have been taken; or

(ii) without the other spouse having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given; or

(b) its recognition would manifestly be contrary

to public policy.

(3) Nothing in this Part shall be construed as requiring the recognition of any findings of fault made in any proceedings for divorce or separation or of any maintenance, custody or other ancillary order made in any such proceedings.

62. (1) In this Part "country" includes a colony or other dependent territory of the United Kingdom but for the purposes of this Part a person shall be treated as a national of such a colony or dependent territory only if it has a law of citizenship or nationality separate from that of the United Kingdom and he is a citizen or national of that colony or dependent territory under that law.

(2) The provisions of this Part relating to over- seas divorces and legal separations and other divorces and legal separations obtained outside Hong Kong apply to a divorce or legal separation obtained before the 1st April 1972 as well as to one obtained on or after that date and, in the case of a divorce or legal separation obtained before that date-

(a) require, or, as the case may be, preclude,

the recognition of its validity in relation to any time before that date as well as in relation to any subsequent time; but

(b) do not affect any property rights to which any person became entitled before that date

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or apply where the question of the validity of the divorce or legal separation has been decided by the court before that date.”.

Passed by the Hong Kong Legislative Council this 15th day of March, 1972.

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

Clerk to the Legislative Eouncil.