28
CAP. 179]
Matrimonial Causes
(1983 Ed.
Grounds for recognition. 1971 c 53, s. 3.
Cross-proceedings and divorces following legal separations. 1971 c. 53, s. 4.
Proof of facts relevant to recognition. 1971 c. 53. s. 5.
(a) have been obtained by means of judicial or other proceedings in any country outside Hong Kong; and
(b) are effective under the law of that country.
56. (1) The validity of an overseas divorce or legal separation shall be recognized if, at the date of the institution of the proceedings in the country in which it was obtained-
(a) either spouse was habitually resident in that country; or
(b) either spouse was a national of that country.
(2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce or legal separation, subsection (1)(a) shall have effect as if the reference to habitual residence included a reference to domicile within the meaning of that law.
(3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the provisions of subsections (1) and (2) (except those relating to nationality) shall have effect as if each territory were a separate country.
57. (1) Where there have been cross-proceedings, the validity of an overseas divorce or legal separation obtained either in the original proceedings or in the cross-proceedings shall be recognized if the requirements of paragraph (a) or (b) of section 56(1) are satisfied in relation to the date of the institution either of the original proceedings or of the cross-proceedings.
(2) Where a legal separation the validity of which is entitled to recognition by virtue of the provisions of section 56 or of subsection (1) of this section is converted, in the country in which it was obtained, into a divorce, the validity of the divorce shall be recognized whether or not it would itself be entitled to recognition by virtue of those provisions.
58. (1) For the purpose of deciding whether an overseas divorce or legal separation is entitled to recognition by virtue of this Part, any finding of fact made (whether expressly or by implication) in the proceedings by means of which the divorce or legal separation was obtained and on the basis of which jurisdiction was assumed in those proceedings shall--
(a) if both spouses took part in the proceedings, be conclusive evidence of the fact found; and
(b) in any other case, be sufficient proof of that fact unless the contrary is shown.
(2) In this section, "finding of fact" includes a finding that either spouse was habitually resident or domiciled in, or a national of the country in which the divorce or legal separation was obtained: and for the purposes of subsection (1)(a), a spouse who has appeared in judicial proceedings shall be treated as having taken part in them.
28
CAP. 179]
Matrimonial Causes
(1983 Ed.
Grounds for recognition. 1971 c 53, s. 3.
Cross-proceedings and divorces following legal separations. 1971c. 53, s. 4.
Proof of facts relevant to recognition. 1971 c. 53. s. 5.
(a) have been obtained by means of judicial or other proceed-
ings in any country outside Hong Kong; and
(b) are effective under the law of that country.
56. (1) The validity of an overseas divorce or legal separation shall be recognized if, at the date of the institution of the proceedings in the country in which it was obtained-
(a) either spouse was habitually resident in that country; or
(b) either spouse was a national of that country.
(2) In relation to a country the law of which uses the concept of domicile as a ground of jurisdiction in matters of divorce or legal separation, subsection (1)(a) shall have effect as if the reference to habitual residence included a reference to domicile within the meaning of that law.
(3) In relation to a country comprising territories in which different systems of law are in force in matters of divorce or legal separation, the provisions of subsections (1) and (2) (except those relating to nationality) shall have effect as if each territory were a separate country.
57. (1) Where there have been cross-proceedings. the validity of an overseas divorce or legal separation obtained either in the original proceedings or in the cross-proceedings shall be recognized if the requirements of paragraph (a) or (b) of section 56(1) are satisfied in relation to the date of the institution either of the original proceedings or of the cross-proceedings.
(2) Where a legal separation the validity of which is entitled to recognition by virtue of the provisions of section 56 or of subsection (1) of this section is converted. in the country in which it was obtained, into a divorce, the validity of the divorce shall be recog- nized whether or not it would itself be entitled to recognition by virtue of those provisions.
58. (1) For the purpose of deciding whether an overseas divorce or legal separation is entitled to recognition by virtue of this Part, any finding of fact made (whether expressly or by implication) in the proceedings by means of which the divorce or legal separation was obtained and on the basis of which jurisdiction was assumed in those proceedings shall--
(a) if both spouses took part in the proceedings, be conclusive
evidence of the fact found; and
(b) in any other case, be sufficient proof of that fact unless the
contrary is shown.
(2) In this section, "finding of fact" includes a finding that either spouse was habitually resident or domiciled in, or a national of the country in which the divorce or legal separation was obtained: and for the purposes of subsection (1)(a), a spouse who has appeared in judicial proceedings shall be treated as having taken part in them.
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