LAI AU YUET MI v. LAI KA LAM

LAI AU YUET MI v. LAI KA LAM

The ceremony of 15 December 1970 met the statutory definition of a modern marriage (open ceremony in presence of more than two witnesses and before the appointed day) and both parties met the age requirement in s8; therefore under s8 and s2 of the Marriage Reform Ordinance a validated marriage subsists between the parties and a formal declaration is warranted.

Citation
LAI AU YUET MI v. LAI KA LAM
Parties
Applicant/wife: LAI AU YUET MI; Respondent/husband: LAI KA LAM
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 August 1981
Case Number
DCMP315/1981
Procedural Posture
Application Under Marriage Reform Ordinance (s9(3)(b)) for Declaration of Validated Marriage / Judgment (district Court)
Outcome
Declaration granted that a validated marriage subsists between LAI AU YUET MI and LAI KA LAM
Legal Topics
Validated Marriage, Modern Marriage, Recognition of Customary Marriages, Open Ceremony Requirement, Age Requirement, Evidence of Ceremony
Source Language
EN
Family Law Marriage Law Statutory Interpretation Validated Marriage Modern Marriage Recognition of Customary Marriages Open Ceremony Requirement Age Requirement +1 more

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Parties

LAI AU YUET MI

Applicant/wife

LAI KA LAM

Respondent/husband

Procedural Posture

Application Under Marriage Reform Ordinance (s9(3)(b)) for Declaration of Validated Marriage / Judgment (district Court)

Legal Issues

  1. 1 Whether a validated marriage subsists between the parties
  2. 2 Proper construction of 'modern marriage' in section 2 read with section 8 of the Marriage Reform Ordinance (Cap.178)
  3. 3 Whether the ceremony was 'open' and in presence of two or more witnesses

Ratio Decidendi

The ceremony of 15 December 1970 met the statutory definition of a modern marriage (open ceremony in presence of more than two witnesses and before the appointed day) and both parties met the age requirement in s8; therefore under s8 and s2 of the Marriage Reform Ordinance a validated marriage subsists between the parties and a formal declaration is warranted.

Court Disposition

Declaration granted that a validated marriage subsists between LAI AU YUET MI and LAI KA LAM

Orders

  • A formal declaration that a validated marriage subsists between the applicant and the respondent
  • Costs awarded to the applicant to be taxed on the upper scale and under the Legal Aid Regulations