XN000022-1995-05-17 — Page 39

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Addition of new clauses to Matrimonial Causes (A) Bill

Mr Chairman,

I move that Heading clause 19 before new clauses 19, 20 and 21 be added to the Bill as set out in the paper circulated to Members be read the second time.

New clauses 19, 20 and 21 are added to the Bill to meet the Bills Committee's suggestion that the new divorce procedure by joint application provided for in clause 7 of the Bill should be available to couples who have not reached agreement on financial and custody matters. The clauses amend sections 3, 20 and 21 of the Matrimonial Proceedings and Property Ordinance (Cap. 192) to enable ancillary and other relief to be granted by the court to couples seeking divorce under the new joint application procedure.

Mr Chairman, I beg to move.

Amendment to Clause 6 of Matrimonial Causes (A) Bill

Mr Chairman,

I move that clause 6 of the Bill be amended as set out under my name in the paper circulated to Members.

Clause 6(a) seeks to amend section 6 of the Principal Ordinance under which a wife is treated differently from a husband in respect of the court's jurisdiction to presume death. Clause 6(a) provides for habitual residence of three years in, or substantial connection with, Hong Kong by either of the parties to a marriage to be grounds for jurisdiction in such circumstances. In practice, however, where it is submitted that the respondent should be presumed to have died, it would not be possible to show that he or she had been habitually resident in Hong Kong for three years "immediately preceding the date of the petition". We therefore propose to amend clause 6(a) by substituting "the petitioner" under new section 6(1)(b) for "either of the parties to the marriage".

Mr Chairman, I beg to move.