17 Jun 2009
ML v. YJ
- Citation
- ML v. YJ
- Court
- Court of Appeal
- Case number
- CACV89/2008
Majority (Cheung JA and Sakhrani J) held recognition of the Shenzhen divorce should be granted because the public policy exception in s61(2)(b) was not made out on the facts: the husband had a legitimate basis to litigate in Shenzhen, the wife’s prejudice was not so extreme as to justify refusing recognition, practical and procedural remedies and undertakings existed, and the court’s residual discretion must be exercised sparingly; accordingly recognition ousts Hong Kong jurisdiction over ancillary relief and ancillary proceedings must be stayed.