Hong Kong Case Law: Decisions & Judgments

Topic

Judicial separation

Legal area

Court

7 Jun 1988

MAY LAU TANG SU PING v. LAU CHU

Citation

MAY LAU TANG SU PING v. LAU CHU
Court

Court of Appeal
Case number

CACV34/1988

A consent order made on judicial separation cannot lawfully be construed so as to deprive the court of its statutory jurisdiction under s.4 Cap.192 to entertain applications for ancillary relief following a subsequent decree of divorce or nullity; where a consent order purports to do so it must be amended to reflect the court's continuing jurisdiction and the appeal allowing such amendment is warranted.
17 Dec 1987

LAU CHU v. MAY LAU TANG SU PING

Citation

LAU CHU v. MAY LAU TANG SU PING
Court

District Court
Case number

DCCJ2/1987

The court held that the Decree of Judicial Separation and the court‑sanctioned agreement/order of 27 July 1982 validly settled the parties' financial matters and therefore the Wife is precluded from prosecuting an application for ancillary relief in the subsequent divorce proceedings; the husband's strike‑out application succeeds and the order sought by the husband is made.
10 Jun 1981

V v. V

Citation

V v. V
Court

Court of Appeal
Case number

CACV200/1980

For maintenance pending suit the court must apply the reasonableness test under section 3 focusing on the wife's immediate needs; while earning capacity is relevant it cannot be treated as present income without evidence and the Judge was not justified in inferring large undisclosed earnings from the material before him; accordingly the interim award was excessive and should be reduced to HK$8,000 per month from 1 October 1980.
9 Aug 1972

CHRISTIANE FRANCOISE LEE v. SHAO PING JAMES LEE

Citation

CHRISTIANE FRANCOISE LEE v. SHAO PING JAMES LEE
Court

Court of First Instance
Case number

HCA255/1971

The court accepted the wife’s evidence, rejected the husband’s account, and found the husband’s sustained conduct — withdrawal of cohabitation, threats, withholding maintenance and conduct causing the wife severe nervous depression — amounted to legal cruelty; consequently the husband’s cross-petition for nullity was refused and a decree of judicial separation was granted to the wife.

Hong Kong Case Law

MAY LAU TANG SU PING v. LAU CHU

LAU CHU v. MAY LAU TANG SU PING

V v. V

CHRISTIANE FRANCOISE LEE v. SHAO PING JAMES LEE