TNAG-0200-FCO40-236-Divorce-rules-1970 — Page 77

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

01-930 6240

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LORD CHANCELLOR'S OFFICE

HOUSE OF LORDS

LONDON S.W.1

(a) As far as ordinary Hong Kong divo ce is concerned, section 10 of the Ordinance is going to be difficult to apply. It is already technically inapt because in England all divorce starts in the county courts, not the High Court. It will become more so when the Matrimonial Causes rules are re-written to take account of a largely new substantive law, which will be very different from Hong Kong law.

Most of these problems would disappear if Hong Kong rollowed our Divorce Reform Bill and the proposed Bill on Financial Provision. But I do not expect they will, at least for some time.

Probably, these problems affect a number of Colonial territories and you may find it necessary to give some thought to them. Meanwhile (since I shall have to explain it to the Lord Chancellor) can you remind me why Hong Kong wants new non- domiciled Rules now and cannot wait until 1971? If they could wait, it would at least avoid amending Rules to get rid of references to Matrimonial offences.

and Sinardy,

from

me

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