TNAG-0189-FCO40-225-Chinese-marriages-in-Hong-Kong-1969 — Page 89

Entitlement to

15.

depend on

existence of a 'real and substantial connection' with Hong Kong.

Procedure for dissolution to be varied to ensure that

'real and

substantial

connection'

exists.

The second recommendation now being made

concerns the manner in which such dissolution may be

effected after the Appointed Date. Since the right

to dissolve the marriage in the manner proposed is to

depend on the existence of this real and substantial

connection with Hong Kong, the legislation should provide safeguards to ensure that such statutory method

of dissolution does in fact take place only where this qualification exists.

16.

At first sight this would appear to make it

necessary to re-introduce some form of official action

to grant a divorce so that an appropriate authority

may be satisfied that the qualification does exist.

This would, of course,

strike at the roots of the

proposal, since it was accepted that this form of

dissolution had always been permitted without recourse

either to the Courts or to officialdom. It may be,

however, that this can still be preserved. A tentative

solution now put forward is that the parties should

execute a statutory form on which they would have to

show the ground on which they claimed a real and substantial connection with Hong Kong. If, as I

understand, it is customary for such divorces to be

effected by the drawing up of a document, then this

requirement would not be at variance with existing

custom.

21st September, 1968.

(G.R. Sneath)

Solicitor General