1983 Ed.]
Matrimonial Causes
[CAP. 179
59. This Part is without prejudice to the recognition of the validity of divorces and legal separations obtained outside Hong Kong-
(a) by virtue of any rule of law relating to divorces or legal separations obtained in the country of the spouses' domicile or obtained elsewhere and recognized as valid in that country;
(b) by virtue of any Act;
but, save as aforesaid, no such divorce or legal separation shall be recognized as valid in Hong Kong except as provided in this Part.
60. Where the validity of a divorce obtained in any country is entitled to recognition by virtue of this Part or of any rule or enactment preserved by section 59, neither spouse shall be precluded from remarrying in Hong Kong on the ground that the validity of the divorce would not be recognized in any other country.
61. (1) The validity of a divorce or legal separation obtained outside Hong Kong shall not be recognized in Hong Kong if it was granted or obtained at a time when, according to the law of Hong Kong (including its rules of private international law and the provisions of this Part), there was no subsisting marriage between the parties.
(2) Subject to subsection (1), recognition by virtue of this Part or of any rule preserved by section 59 of the validity of a divorce or legal separation obtained outside Hong Kong may be refused if, and only if-
(a) it was obtained by one spouse-
(i) without such steps having been taken for giving notice of the proceedings to the other spouse as, having regard to the nature of the proceedings and all the circumstances, should reasonably have been taken; or
(ii) without the other spouse having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given; or
(b) its recognition would manifestly be contrary to public policy.
(3) Nothing in this Part shall be construed as requiring the recognition of any findings of fault made in any proceedings for divorce or separation or of any maintenance, custody or other ancillary order made in any such proceedings.
62. (1) In this Part, “country” includes a colony or other dependent territory of the United Kingdom but for the purposes of this Part a person shall be treated as a national of such a colony or dependent territory only if it has a law of citizenship or nationality separate from that of the United Kingdom and he is a citizen or national of that colony or dependent territory under that law.
29
Certain existing rules of recognition to continue in force.
1971 c. 53, s. 9.
Non-recognition of divorce by third country no bar to remarriage.
Exceptions from recognition. 1971 c. 53, s. 10.
Interpretation and transitional provisions.
1971 c. 53, s. 10(3) & (4).
Page 30
Page 31
1983 Ed.]
Matrimonial Causes
[CAP. 179
59. This Part is without prejudice to the recognition of the validity of divorces and legal separations obtained outside Hong Kong-
(a) by virtue of any rule of law relating to divorces or legal separations obtained in the country of the spouses' domi- cile or obtained elsewhere and recognized as valid in that country;
(b) by virtue of any Act;
but, save as aforesaid, no such divorce or legal separation shall be recognized as valid in Hong Kong except as provided in this Part.
60. Where the validity of a divorce obtained in any country is entitled to recognition by virtue of this Part or of any rule or enactment preserved by section 59, neither spouse shall be precluded from remarrying in Hong Kong on the ground that the validity of the divorce would not be recognized in any other country.
61. (1) The validity of a divorce or legal separation obtained outside Hong Kong shall not be recognized in Hong Kong if it was granted or obtained at a time when, according to the law of Hong Kong (including its rules of private international law and the provisions of this Part), there was no subsisting marriage between the parties.
(2) Subject to subsection (1), recognition by virtue of this Part or of any rule preserved by section 59 of the validity of a divorce or legal separation obtained outside Hong Kong may be refused if, and only if-
(a) it was obtained by one spouse-
(1) without such steps having been taken for giving notice of the proceedings to the other spouse as., having regard to the nature of the proceedings and all the circum- stances, should reasonably have been taken; or
(ii) without the other spouse having been given (for any reason other than lack of notice) such opportunity to take part in the proceedings as, having regard to the matters aforesaid, he should reasonably have been given; or
(b) its recognition would manifestly be contrary to public
policy.
(3) Nothing in this Part shall be construed as requiring the recognition of any findings of fault made in any proceedings for divorce or separation or of any maintenance, custody or other ancillary order made in any such proceedings.
62. (1) In this Part, “country” includes a colony or other dependent territory of the United Kingdom but for the purposes of this Part a person shall be treated as a national of such a colony or dependent territory only if it has a law of citizenship or nationality separate from that of the United Kingdom and he is a citizen or national of that colony or dependent territory under that law.
29
Certain existing
rules of recogni-
tion to continue in force.
1971 c. 53, x. f.
Non-recognition
of divorce by third country no bar to remarriage.
Exceptions from recognition. 1971 c. 53. s. X
Interpretation and transitional provisions.
1971 c. 53. s. 1003) & (4).
Page 30Page 31
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