Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Bigamy referral

  • 7 Nov 2023

    黃 對 吳前稱吳

    Citation
    [2023] HKFC 245
    Court
    Family Court
    Case number
    FCMC2867/2021

    The husband failed to prove the marriage was invalid; his documentary evidence did not establish non‑attendance or invalidity, PRC administrative agencies and courts had rejected his requests to cancel the registration, s20(1) did not provide grounds for annulment and s20A(1) did not assist him given the PRC determinations; accordingly the husband's nullity petition is dismissed and the wife's divorce petition is granted (decree nisi); costs to husband; referral to DOJ for possible prosecution of bigamy.

  • 7 Nov 2023

    吳前稱吳 對 黃

    Citation
    [2023] HKFC 245
    Court
    Family Court
    Case number
    FCMC9789/2022

    Husband failed to prove on the evidence that he was absent from or did not participate in the marriage registration; PRC administrative bodies and courts had already adjudicated and rejected his application to cancel the marriage certificate, thereby affirming its validity under PRC law; under s20A the foreign law outcome is decisive and there were no statutory grounds under s20(1) for nullity in Hong Kong. Therefore the husband's nullity petition fails and the wife's divorce petition is granted (decree nisi), with costs awarded to the wife and referral to the DoJ for suspected bigamy.