TNAG-0189-FCO40-225-Chinese-marriages-in-Hong-Kong-1969 — Page 12

4.

the courts of a foreign country (including

for this purpose those of Scotland,

Northern Ireland and of Hong Kong) if, and

only if, these are granted by the court of

the husband's domicile, This basic rule

is subject to (1) any statutory exception

made by a United Kingdom Act applying to

England; and (2) any other exceptions

which may be recognised by English judicial

In Indyka v. Indyka the House

decisions.

of Lords decided that recognition may be

extended to divorce decrees of foreign

courts granted:

(a) on the basis of nationality of

both spouses; and

(b) perhaps when granted on the basis

of nationality separately

acquired by a wife living apart

from her husband where the wife

had a real and substantial con-

nexion with the country pronouncing

the decree.

An analysis of the ratio decidendi of the

Indyka case was given by Mr. Justice Ormrod

in Angelo v. Angelo (1967), 3 A.E.R., page

314

[xx]

I see no legal objection to the Governorie

proposal mentioned above. It is for the

appropriate courts to work out in due course

whether the basis of recognition approved

in the Indyka case should be extended to

the category of marriages in the

circumstances referred to in the first

paragraph of this minute.

15.

step?

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