Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Desertion

  • 20 Jun 2008

    FHFK v. NCM

    Citation
    FHFK v. NCM
    Court
    Court of Appeal
    Case number
    CACV182/2007

    The substituted service order and resultant decrees were obtained by means that misled the court (fraud or material non-disclosure) and therefore the proceedings were voidable; the respondent was an innocent party deprived of the opportunity to defend, and in the exercise of the court's discretion the substituted service order, the decree nisi and the decree absolute were set aside despite the husband's remarriage.

  • 31 Dec 1980

    FUNG NAI-MO v. THE QUEEN

    Citation
    FUNG NAI-MO v. THE QUEEN
    Court
    Court of Appeal
    Case number
    CACC1010/1980

    The appeal is dismissed because the magistrate properly weighed mitigating factors but reasonably concluded that the appellant's lack of contrition, surrender motivated solely by need for an identity card, and retention of his warrant card made an immediate custodial sentence of three months warranted and there were no exceptional circumstances to justify suspension.

  • 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.

  • 20 Feb 1974

    CHAN PUN YUET v. THE BOARD OF REFERENCE

    Citation
    CHAN PUN YUET v. THE BOARD OF REFERENCE
    Court
    Court of Appeal
    Case number
    CACV43/1973

    The appeal was dismissed because the judge could not identify any error in point of law: the Board was properly constituted, adopted correct procedures, unanimously found no mitigating circumstances and imposed a sanction within its statutory competence; therefore there was no legal ground for interference under s.32.

  • 30 Nov 1972

    LO SHIN (or SIN) MEI v. CHEUNG (or CHANG) KWAI WAH

    Citation
    LO SHIN (or SIN) MEI v. CHEUNG (or CHANG) KWAI WAH
    Court
    District Court
    Case number
    DCCJ2229/1972

    The court held that the ceremony combined with subsequent cohabitation gave rise to a presumption of a valid marriage which the Defendant failed to rebut; therefore the Plaintiff was the Defendant's wife for purposes of Cap.16. The Defendant was found to have deserted the Plaintiff from 6 October 1970. On that basis the court awarded legal custody of two children to the Plaintiff and ordered monthly maintenance payments of HKD 200 to the Plaintiff and HKD 300 for the two children, payable through the Court Shroff on the 30th of each month.

  • 19 Sept 1972

    WAI CHIU MING v. WAI CHAN LAI JAM (or JAN)

    Citation
    WAI CHIU MING v. WAI CHAN LAI JAM (or JAN)
    Court
    Court of First Instance
    Case number
    HCA170/1971

    The court found the petitioner not a credible witness and his evidence insufficient to prove cruelty; conversely the respondent was credible and established acts of cruelty (two assaults) and that earlier condoned acts were revived by the petitioner's desertion and wilful neglect, entitling the respondent to a decree and maintenance.

  • 22 May 1972

    LAM YUNG TAK v. LAM TANG FUNG KAM

    Citation
    LAM YUNG TAK v. LAM TANG FUNG KAM
    Court
    Court of First Instance
    Case number
    HCA230/1971

    The Court found the Respondent's absence amounted to desertion because she left without lawful justification in the context of their relationship and the Petitioner's conduct did not reach the threshold of cruelty or constructive desertion; accordingly a decree was granted for the Petitioner for desertion and interim maintenance was awarded to the Respondent.

  • 22 Nov 1971

    WONDY BRIGITTE LOH v. KENNETH YIN YIU HUI

    Citation
    WONDY BRIGITTE LOH v. KENNETH YIN YIU HUI
    Court
    Court of First Instance
    Case number
    HCMC59/1971

    The court accepted the investigators' evidence as substantially true that the respondent and a woman entered and remained at the Marco Polo Boarding House overnight, drew the inference of an adulterous association from the respondent's denial, found the marriage irretrievably broken, and exercised its discretion to grant a decree nisi with costs despite doubts on desertion.

  • 28 Nov 1970

    L v. L

    Citation
    L v. L
    Court
    Court of First Instance
    Case number
    HCMC50/1969

    Welfare of the children required they remain with the Respondent because they had lived with and been well cared for by him since infancy, the Respondent demonstrated suitability and stable accommodation, the Petitioner had delayed claiming custody and lived in less suitable crowded accommodation, and separation of the siblings would harm the children; accordingly custody awarded to Respondent and nominal maintenance to Petitioner.