1964_MATRIMONIAL_CAUSES_ORDINANCE — Page 7

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CAP. 179]

Matrimonial Causes

[1983 Ed.

Jurisdiction in judicial separation.

1965 c. 72, s. 40(1).

Jurisdiction in presumption of death.

1965 c. 72, s. 14(2).

1965 c. 72, s. 14(5).

Effect of

dissolution under Marriage Reform Ordinance. (Cap 178.)

(c) both parties to the marriage were resident in Hong Kong at

the date of the petition;

(d) the respondent in the proceedings was resident in Hong

Kong at the date of the petition; or

(e) the marriage was celebrated in Hong Kong.

5. The court shall have jurisdiction in proceedings for judicial separation under this Ordinance if-

(a) both parties to the marriage were domiciled in Hong Kong

at the date of the petition;

(b) both parties to the marriage were resident in Hong Kong

at the date of the petition;

(c) in the case of proceedings by a wife, the wife has been deserted by her husband or the husband has been deported from Hong Kong under any law and the husband was immediately before the desertion or deportation domiciled in Hong Kong; or

(d) either of the parties to the marriage had a substantial connexion with Hong Kong at the date of the petition. (Added, 68 of 1970, s. 26)

6. (1) The court shall have jurisdiction in proceedings for presumption of death and dissolution of marriage under this Ordinance if-

(a) the petitioner was domiciled in or had a substantial connexion with Hong Kong at the date of the petition; or (Amended, 68 of 1970, s. 26)

(b) in the case of a petition presented by a wife, the wife was resident in Hong Kong at the date of the petition and has been ordinarily resident in Hong Kong for the period of 3 years immediately preceding the date of the petition.

(2) In determining for the purposes of this section whether a woman was domiciled in Hong Kong, her husband shall be treated as having died immediately after the last occasion on which she knew or had reason to believe him to be living.

7. [Repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. The section is reproduced in the Appendix to that Ordinance.]

7A. (1) Subject to subsection (2), the dissolution in accordance with Part V of the Marriage Reform Ordinance of a modern marriage validated by section 8 of the Marriage Reform Ordinance and subsisting on the day appointed under section 3 of that Ordinance or a customary marriage subsisting on the day appointed under section 3 of that Ordinance shall, for the purposes of Part VI and Part VII, be deemed to be a final decree of divorce granted by