1964_MATRIMONIAL_CAUSES_ORDINANCE — Page 17

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CAP. 179]

Matrimonial Causes

[1983 Ed.

1971 c. 44, s. 2.

(i) the parties to the marriage are within the prohibited degrees of kindred or affinity; or

(ii) either party is under the age of 16; or

(iii) the parties have intermarried in disregard of certain requirements as to the formation of marriage;

(b) that the marriage is otherwise invalid by the law of Hong

Kong;

(c) that at the time of the marriage either party was already

lawfully married;

(d) that the parties are not respectively male and female.

(2) A marriage which takes place after 30 June 1972 shall, subject to subsection (3), be voidable on any of the following grounds only--

(a) that the marriage has not been consummated owing to the

incapacity of either party to consummate it;

(b) that the marriage has not been consummated owing to the

wilful refusal of the respondent to consummate it;

(c) that either party to the marriage did not validly consent to it, whether in consequence of duress. mistake, unsoundness of mind or otherwise;

(Cap. 136.)

1965 c. 72. s. 9(2).

1965 c. 72, s. 903)

(ii) was a mentally disordered person within the meaning of the Mental Health Ordinance of such a kind or to such an extent as to be unfitted for marriage and the procrea- tion of children, or

(iii) was subject to recurrent attacks of insanity or epilepsy: or

(c) that the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner; or

(c) that at the time of the marriage either party to the marriage was impotent or incapable of consummating the marriage.

(3) The court shall not grant a decree of nullity in a case falling within paragraph (5), (c) or (d) of subsec- tion (2) unless it is satisfied that-

(a) the petitioner was at the time of the marriage

ignorant of the facts alleged; and

(b) proceedings were instituted within a year from

the date of the marriage; and

(c) marital intercourse with the consent of the petitioner has not taken place since the peti- tioner discovered the existence of the grounds for a decree.

(4) Nothing in this section shall be construed as validating a marriage which is by law void but with respect to which a decree of nullity has not been granted.