TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 107

UNCLASSIFIED

FM HONG KONG

TO TELELETTER FCO

TELELETTER NFR

OF 150615Z OCTOBER 93

UNCLASSIFIED

FROM: HONG KONG

FOR: HONG KONG DEPARTMENT, FCO

012/5

HUTS

1500. 1993

72

154245

MDTTAN 2967

Mr. Whity

١٤/٩

AMENDMENT OF LAW ON DIVORCE.

1.

WE ARE AT THE INITIAL STAGE OF PREPARING LEGISLATION TO AMEND HONG KONG'S DIVORCE LAW, THE MATRIMONIAL CAUSES ORDINANCE (CAP. 179).

2. THE AMENDMENTS MAINLY ARISE FROM RECOMMENDATIONS OF HONG KONG'S REFORM COMMISSION. THEY INCLUDE REDUCTIONS IN THE MINIMUM PERIODS OF SEPARATION REQUIRED PRIOR TO DIVORCE AND THE MINIMUM PERIOD OF MARRIAGE BEFORE A DIVORCE APPLICATIONS CAN BE MADE, AND PROVISION FOR ANEW PROCEDURE FOR OBTAINING A DIVORCE BY JOINT APPLICATION WITH ONE YEAR'S NOTICE.

3.

CLAUSE XXVI OF THE ROYAL INSTRUCTIONS REQUIRES THE PRIOR SANCTION OF THE SECRETARY OF STATE TO BE GIVEN BEFORE THE GOVERNOR MAY ASSENT TO BILLS ON A NUMBER OF SUBJECTS, INCLUDING 'THE DIVORCE OF PERSONS JOINED TOGETHER IN HOLY MATRIMONY'. FURTHER TO THIS RESTRICTION, THE HONG KONG GOVERNMENT'S GENERAL REGULATIONS REQUIRE THAT THE SECRETARY OF STATE'S PRIOR SANCTION BE SOUGHT FOR THE DRAFTING OF SUCH LEGISLATION. ALTHOUGH THERE IS A DOUBT AS TO WHETHER THE GENERAL LAW OF DIVORCE IS CAUGHT BY THE RELEVANT CLAUSE OF THE ROYAL INSTRUCTIONS, THE LAW DRAFTSMAN HAS ADVISED THAT WE SHOULD SEEK YOUR CONSENT TO PROCEED WITH THE DRAFTING OF THIS

LEGISLATION.

IF

GRATEFUL FOR YOUR CONSIDERATION OF THIS MATTER AND, NECESSARY, FOR THE SECRETARY OF STATE'S CONSENT TO PROCEED WITH DRAFTING TO BE OBTAINED. IT WOULD BE HELPFUL IF WE COULD HAVE A LEAST AN INITIAL REPLY BY 22 OCTOBER.

SIGNED:

ROBIN MCLEISH

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UNCLASSIFIED