1983 Ed.]
Matrimonial Causes
[CAP. 179
17
(d) that at the time of the marriage either party to the marriage, though capable of giving a valid consent, was suffering, whether continuously or intermittently, from mental disorder within the meaning of the Mental Health Ordinance of such a kind or to such extent as to be unfitted for marriage;
(e) that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;
(f) that at the time of the marriage the respondent was pregnant by some person other than the petitioner.
(3) The court shall not, in proceedings instituted after 30 June 1972, grant a decree of nullity on the ground that a marriage is voidable (whether the marriage took place before or after 1 July 1972) if the respondent satisfies the court-
(a) that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
(b) that it would be unjust to the respondent to grant the decree.
(4) Without prejudice to subsection (3), the court shall not grant a decree of nullity on the grounds mentioned in subsection (2)(c), (d), (e) or (f) unless the court is satisfied that the proceedings were instituted within 3 years from the date of the marriage.
(5) Without prejudice to subsections (3) and (4), the court shall not grant a decree of nullity on the grounds mentioned in subsection (2)(e) or (f) unless the court is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged.
(6) Subsection (3) replaces, in relation to any decree to which it applies, any rule of law whereby a decree may be refused by reason of approbation, ratification or lack of sincerity on the part of the petitioner or on similar grounds.
(Replaced, 33 of 1972, s. 12)
20A. (1) Where apart from this Ordinance, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Hong Kong, nothing in section 20 shall-
(a) preclude the determination of that matter as aforesaid; or
(b) require the application to the marriage of the grounds or bars mentioned therein except so far as applicable in accordance with those rules.
(2) In the case of a marriage which purports to have been celebrated under the Foreign Marriages Acts 1892 to 1947 or has taken place outside Hong Kong and purports to be a marriage under
Cap. 136
1971 c. 44, s. 30(1)
1971 c. 44, s. 32.
1971, c. 44, s. 33(1).
[1971, c. 44, s. 3(4).]
Foreign marriages. 1971 c. 44, s. 4.
1892 c. 23.
1947 c. 33.
1983 Ed.]
Matrimonial Causes
[CAP. 179
17
(d) that at the time of the marriage either party to the marriage, though capable of giving a valid consent, was suffering, whether continuously or intermittently. from mental disorder within the meaning of the Mental Health Ordinance of such a kind or to such extent as to be unfitted for marriage;
(e) that at the time of the marriage the respondent was
suffering from venereal disease in a communicable form;
(/) that at the time of the marriage the respondent was
pregnant by some person other than the petitioner.
(3) The court shall not, in proceedings instituted after 30 June 1972. grant a decree of nullity on the ground that a marriage is voidable (whether the marriage took place before or after 1 July 1972) if the respondent satisfies the court-
(a) that the petitioner, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and
(b) that it would be unjust to the respondent to grant the
decree.
(4) Without prejudice to subsection (3), the court shall not grant a decree of nullity on the grounds mentioned in subsection (2)(c), (d), (e) or (/) unless the court is satisfied that the proceedings were instituted within 3 years from the date of the marriage.
(5) Without prejudice to subsections (3) and (4). the court shall not grant a decree of nullity on the grounds mentioned in subsection (2)(e) or (ƒ) unless the court is satisfied that the petitioner was at the time of the marriage ignorant of the facts alleged.
(6) Subsection (3) replaces, in relation to any decree to which it applies, any rule of law whereby a decree may be refused by reason of approbation, ratification or lack of sincerity on the part of the petitioner or on similar grounds.
(Replaced, 33 of 1972, s. 12)
20A. (1) Where apart from this Ordinance, any matter affect- ing the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Hong Kong, nothing in section 20 shall-
(a) preclude the determination of that matter as aforesaid; or
(b) require the application to the marriage of the grounds or bars mentioned therein except so far as applicable in accordance with those rules.
(2) In the case of a marriage which purports to have been celebrated under the Foreign Marriages Acts 1892 to 1947 or has taken place outside Hong Kong and purports to be a marriage under
¡Cap. 136
1971 c. 44. s. 3011
1971 c. 44, s. 32).
1971. c. 44. s. 331.
[/. 1971. c. 44. s. 3(4).]
Foreign marriages. 1971 c. 44. s. 4.
1892 c. 23.
1947 e. 33.
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