CO129-610-5 Marriages solemnized in Stanley Camp during the Japanese occupation and subsequent legislation for divorce 14-2-1947 - 27-6-1947 — Page 49

54185/47

Code

OUTWARD TELEGRAM

IMPORTANT

TO HONG KONG (Sir M. Young)

FROM S. OF S., COLONIES.

Sent 17th May, 1947. 14.30 hrs.

No. 807 Confidential,

Your secret despatch No. 12 of 25th March.

Internment camp divorces.

1. I am advised that unless the husband was domiciled in Hong Kong at the time of proceedings, an Ordinance purporting to validate decrees would amount to an attempt to amend Indian and Colonial Divorce Jurisdiction Acts and would consequently be null and void. Reasons for this advice follow by savingram.

2. In light of the foregoing, consider that:

(a) provided it is clear that the husband in the Dalziel case was domiciled in Hong Kong at the time, Government measure should be introduced forthwith validating decrees in that case;

(b) in the two cases referred to in paragraph 5 of your secret despatch No. 6, the situation will presumably be regularised by fresh proceedings and legislation seems unnecessary and undesirable;

(c) the remaining case should be discussed with the solicitors who have raised the question here.

13.