Mr. Carter
Reference..
HKK 14/4.
with (8)
The long delay over dealing with the Saving Despatch at (1) on this file about which the Attorney General has now written to Sir James McPetrie is entirely my fault. At first I gave myself time to look at this complicated matter. The 1965 proposals for the statutory regulation of Chinese marriages were submitted to and approved by the Minister and I wished among other things to consider whether these proposals to vary one of those recommendations should not also be so submitted. I thought - and think not; (when the draft Bill is received will be time enough for that), but the papers then became submerged. I apologise."
2.
Among the 1965 proposals was one that after a date to be appeated by the law the dissolution of Chinese marriages by mutual consent would only be recognised where the marriage had been celebrated in Hong Kong. This provision took account of the internationally agreed principle of law that marital status was determined by the law of the husband's domicile, and lessened the danger that some Hong Kong divorces of this sort might not be recognised out- side the Colony. On the grounds that a case which has since been heard in the English Courts (Indyka v. Indyka) has changed the law of England, Hong Kong consider that there is now less risk that such divorces would not be recognised in England. They therefore propose that such marriages whether before or after the appointed day shall be capable of being dissolved in Hong Kong by mutual consent in certain circumstances.
3.
Mr. Cruchley has advised on these proposals and Mr. Murray's draft offers this advice to Hong Kong. I have no amendments to suggest to the draft except the addition of a paragraph apologising for the delay and making it clear that this has not arisen in the Legal Adviser's department. I think the draft should go to Sir James McPetrie with reference to the reminder at (7).
8 April, 1969
Mind
(H. H. Stewart) Hong Kong Department
Su J. Nc Petre.
Nr. Roberts' letter at (?).
Preve has been an unfortunate
dilan on
as
divling with the purgosals at (1), expreamed above.
2.
Haring regard to the actual personal Craumstances of so many Chinese people
No comments yet.
Private notes are available after approval.