CMU v. WPM

CMU v. WPM

The court found the applicant failed to establish, on the balance of probabilities, a substantial connection with Hong Kong under s29AE(c) at the relevant dates because historical ties (marriage, prior residence, PR status) and frequent visits were insufficient and there were no substantive continuing links such as...

Source-derived case information.

Citation
CMU v. WPM
Parties
Applicant (wife): CMU; Respondent (husband): WPM
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
25 June 2012
Case Number
FCMP59/2012
Procedural Posture
Part IIA Leave Application Under Matrimonial Proceedings and Property Ordinance (financial Relief After Foreign Divorce) / Ex Parte Summons for Leave to Apply; Final Decision on Leave Application
Outcome
Applicant's ex parte summons for leave dated 21 March 2012 dismissed; Hong Kong courts do not have jurisdiction under Part IIA in this matter; no order as to costs.
Legal Topics
Part IIA MPPO Leave to Apply, Substantial Connection (s29 Ae(c)), Appropriate Forum/venue (s29 Af), Recognition of Foreign Divorce, Forum Non Conveniens, Forum Shopping/top Up Awards
Source Language
en
Family Law Private International Law Matrimonial Property Civil Procedure Part IIA MPPO Leave to Apply Substantial Connection (s29 Ae(c)) Appropriate Forum/venue (s29 Af) Recognition of Foreign Divorce +2 more

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Parties

CMU

Applicant (wife)

WPM

Respondent (husband)

Procedural Posture

Part IIA Leave Application Under Matrimonial Proceedings and Property Ordinance (financial Relief After Foreign Divorce) / Ex Parte Summons for Leave to Apply; Final Decision on Leave Application

Legal Issues

  1. 1 Whether applicant satisfied s29AE(c) substantial connection with Hong Kong on relevant dates
  2. 2 Whether there were substantial grounds under s29AC(2) to grant leave to apply
  3. 3 Whether Hong Kong was provisionally the appropriate venue under s29AF

Ratio Decidendi

The court found the applicant failed to establish, on the balance of probabilities, a substantial connection with Hong Kong under s29AE(c) at the relevant dates because historical ties (marriage, prior residence, PR status) and frequent visits were insufficient and there were no substantive continuing links such as Hong Kong assets, tax or residence; consequently the court also found, provisionally under s29AF, that Hong Kong was not the appropriate venue given the Macanese connections and location of the assets. Therefore leave under s29AC was refused and the application dismissed.

Court Disposition

Applicant's ex parte summons for leave dated 21 March 2012 dismissed; Hong Kong courts do not have jurisdiction under Part IIA in this matter; no order as to costs.

Orders

  • The Applicant's Summons dated 21 March 2012 be dismissed
  • There be no order as to costs