S v. S

S v. S

On the balance of probabilities the petitioner had not acquired by the date of the petition a connection with Hong Kong of sufficient substance to found jurisdiction under s.3(c); recent visa application and property agreements, the short timing of events and the wife's ignorance showed the links were not sufficiently weighty to permit Hong Kong courts to adjudicate the dissolution and ancillary matrimonial matters.

Citation
S v. S
Parties
Petitioner: S; Respondent: S
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 August 2005
Case Number
HCMC1/2005
Procedural Posture
Divorce / Preliminary Hearing on Jurisdiction
Outcome
Hong Kong courts do not have jurisdiction to hear the divorce proceedings under s.3(c) of the Matrimonial Causes Ordinance.
Legal Topics
Substantial Connection, Habitual Residence, Jurisdiction, Matrimonial Causes Ordinance S.3(c)
Source Language
EN
Family Law Private International Law Civil Procedure Substantial Connection Habitual Residence Jurisdiction Matrimonial Causes Ordinance S.3(c)

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Parties

S

Petitioner

S

Respondent

Procedural Posture

Divorce / Preliminary Hearing on Jurisdiction

Legal Issues

  1. 1 Whether the petitioner had a 'substantial connection' with Hong Kong under s.3(c) of the Matrimonial Causes Ordinance at the date of the petition
  2. 2 Whether the Hong Kong courts had jurisdiction to adjudicate the marital dissolution and ancillary matters

Ratio Decidendi

On the balance of probabilities the petitioner had not acquired by the date of the petition a connection with Hong Kong of sufficient substance to found jurisdiction under s.3(c); recent visa application and property agreements, the short timing of events and the wife's ignorance showed the links were not sufficiently weighty to permit Hong Kong courts to adjudicate the dissolution and ancillary matrimonial matters.

Court Disposition

Hong Kong courts do not have jurisdiction to hear the divorce proceedings under s.3(c) of the Matrimonial Causes Ordinance.

Orders

  • Order nisi for costs in favour of the wife