CO129-610-5 Marriages solemnized in Stanley Camp during the Japanese occupation and subsequent legislation for divorce 14-2-1947 - 27-6-1947 — Page 47

Court, lawfully exercising jurisdiction.

A Hong Kong Ordinance purporting to validate

eff

the divorce would in effect/amount to an amendment

46

woda popoln

enack itt a ceno pronounced otherwis

under the Act otherwis

of the Act and would therefore be void as repugnant to the thian & such a

Act under the Colonial Laws Validity Act, 1865.

(b) Even if it could be maintained that the

Court was properly constituted and, capable of lawfully

might exercising jurisdiction, the question dy arise

as to whether the provisions of the Hong Kong

(Non-Domiciled Parties) Divorce Rules, 1936, made under

the Act of 1926 were, or could be, complied with -

e.. Rules 3, 4, 20 and 25. Any Hong Kong Ordinance

repugnant to the Rules would likewise be ultra vires.

I cont shall h deemed h

valid, as I

wondd

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SEVER.