matrimonial law, give rise to nullity proceedings, assuming that parties did not choose to make use of the latter. An example would be where a marriage, based on a childhood betrothal before the Appointed Date, was never consummated and never had any sub- stantial social or economic basis.
75. The Sub-Committee realizes that there may be criticisms of the procedure which they suggest is required if substantial justice is to be done. However, they feel that the advantages of the line they advocate would far outweigh the disadvantages. Without getting involved in what to many Chinese people would be a thoroughly distastful contentious proceeding of the type familiar in English law, parties would be able to enjoy the protection of sophisticated matrimonial procedure. The point made in the Report, that Chinese people would not wish to air family difficulties in public raises a problem to which the Sub-Committee gave careful attention. On balance the majority felt that the public interest in ensuring that divorce agreements were genuine and equitable should be paramount, so that they could not recommend that such proceedings should ordinarily be heard in chambers. However, it is unlikely that such proceedings would excite an inordinate amount of attention, judging by public attendances at divorce proceedings (which are more spectacular) as they now exist. Such proceedings need not be either costly or lengthy. If, as is very much to be hoped, a judge is assigned in the near future to hear matrimonial causes principally, then it is felt that with experience he would be able to deal with such cases almost as speedily as un- defended divorces are handled in the English courts. Such pro- ceedings would of course qualify for legal aid where it seemed indicated, in accordance with the objects of the current legal aid system in civil cases, but it is not envisaged that the parties would normally require professional assistance before the court.
76. The Sub-Committee would accordingly urge the Association to press for proper judicial safeguards, such as those suggested above, in the event that divorce by consent acquires a statutory basis, and not to give its approval to a procedure that would rest on a sketchy inquiry by a legally unqualified official, inexperienced in the examination of witnesses, solely into the matter of whether
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