Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Consummation

  • 11 Apr 2018

    WN v. XJX

    Citation
    [2018] HKFC 39
    Court
    Family Court
    Case number
    FCMC15944/2015

    Petitioner failed to discharge the burden to prove lack of valid consent and is time-barred under section 20(4); lack of consummation was neither pleaded nor supported and, given the absence of intention to consummate in a sham marriage, cannot ground nullity; want of form under Chinese law either does not apply because Hong Kong law governs or, if Chinese law applied, the facts do not meet Chinese nullity provisions; sham marriages remain valid in law; therefore the petition for nullity is dismissed.

  • 26 Mar 1980

    C.C.C.Y. v. C.W.L.

    Citation
    C.C.C.Y. v. C.W.L.
    Court
    Court of First Instance
    Case number
    HCMC25/1979

    Evidence, including admissions, contemporaneous correspondence and expert opinion, established the husband was incapable of consummating the marriage at the material times and remained so quoad hanc; the incapacity was not wilful refusal; the petitioner had not led the respondent to believe she would not seek annulment prior to acquiring proof; therefore the marriage was voidable and a decree of nullity was granted.

  • 8 Dec 1969

    JOAN WONG v. MICHAEL WONG

    Citation
    JOAN WONG v. MICHAEL WONG
    Court
    Court of Appeal
    Case number
    CACV9/1969

    On the evidence the trial judge correctly found the marriage had not been consummated and that non-consummation was due to the husband's impotence quoad hanc which, on available evidence (including expert opinion on prognosis and credibility findings), was incurable; the civil standard of proof applied and the judge's credibility and medical fact findings were supported by the record, so the appeal must be dismissed and the decree of nullity upheld.