TNAG-0189-FCO40-225-Chinese-marriages-in-Hong-Kong-1969 — Page 86

6. (contd)

Increased chance of Hong Kong dissolutions. being recognised in England.

that divorce.

The

But the dyke was finally demolished by the block-buster of a case in 1967 (iv).

facts of this case suggest so many analogies with

Hong Kong's circumstances as to make them worth

summarising here i

7.

The husband was a Czech who married his

wife in Czechoslovakia in 1938. The War forced

him to flee, and 1945 found him in England where

he determined to stay, and in fact took steps to

acquire a domicile of choice in England. The

wife who had been born and remained throughout in Czechoslovakia took proceedings in that country

for divorce, and was granted a decree notwith-

standing that her domidle had by that time become

English. Subsequently, the husband attempted to

assert in the English Courts that this Czech divorce

was one which the English Courts should not recognise

since the marital status of both he and his wife

could only be determined by reference to the law of

England which was the domicile of them both. The

House of Lords recognised that the old principle

worked too much hardship and declined to follow it.

Instead they propounded the new principle which is

to the effect that where a party to a marriage has a 'real and substantial coneection' with any country,

and the Courts of that country assume jurisdiction

to dissolve the marriage, English Courts will

recognise the dissolution.

So far as we in Hong Kong are concerned the 'Indyka case offers great promise that in England at least

divorces effected in Hong Kong will be recognised as

valid so long as one or both of the parties had a 'real

and substantial connection' with Hong Kong.

Unfortunately, the law will remain somewhat unsettled

(iv) Indyka ▼ Indyka (1967)

2 All E.R. 689.

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