Hong Kong Case Law: Decisions & Judgments

Topic

Irretrievable breakdown of marriage

Legal area

Court

26 Oct 1993

AURORA S CAMACLANG v. KARL-HEINZ SCHLEITER and Others

Citation

AURORA S CAMACLANG v. KARL-HEINZ SCHLEITER and Others
Court

Court of Appeal
Case number

CACV104/1993

The Court held that because the husband disputed the wife's allegation of intolerability and the court has a statutory duty to inquire into disputed facts on the balance of probabilities, it was wrong to shut the husband out from cross-examination or adducing evidence; consequently the judge correctly dismissed the wife's application to strike out and to proceed undefended.
2 Dec 1983

TANG (TONG) YIU SHUN KAI v. TANG (TONG) YU KWEN AND ANOTHER

Citation

TANG (TONG) YIU SHUN KAI v. TANG (TONG) YU KWEN AND ANOTHER
Court

Court of First Instance
Case number

HCMC31/1981

The court accepted the petitioner’s credible testimony and corroborating witness and expert evidence that the ceremony described satisfied Chinese law in 1946, rejected the first respondent’s contrary account, found a valid marriage occurred on 18 July 1946, found adultery and irretrievable breakdown, and therefore granted a decree nisi of dissolution.
28 Jan 1977

LEE LIU SIU-HAN v. LEE KAM-FAI

Citation

LEE LIU SIU-HAN v. LEE KAM-FAI
Court

Court of First Instance
Case number

HCMC32/1976

Having assessed the history of the marriage, the parties' characters and conduct, the court concluded that the respondent's prolonged failure to provide a home or family life, persistent withdrawal and the final breakdown of communication made it unreasonable to expect the petitioner to continue to live with him; accordingly the petition for divorce succeeded and a decree nisi was granted.
26 Jan 1977

YEUNG LEUNG YAU LIN v. YEUNG KAM WAH

Citation

YEUNG LEUNG YAU LIN v. YEUNG KAM WAH
Court

Court of First Instance
Case number

HCMC24/1976

On the evidence the court found the petitioner's complaints insufficiently substantiated and primarily attributable to the petitioner's neurotic and violent temperament rather than grave misconduct by the respondent; therefore the marriage had not irretrievably broken down due to the respondent's conduct and the petition for divorce was dismissed.

Hong Kong Case Law

AURORA S CAMACLANG v. KARL-HEINZ SCHLEITER and Others

TANG (TONG) YIU SHUN KAI v. TANG (TONG) YU KWEN AND ANOTHER

LEE LIU SIU-HAN v. LEE KAM-FAI

YEUNG LEUNG YAU LIN v. YEUNG KAM WAH