Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Recognition of overseas divorce

Legal area

Court

13 Dec 2010

ML v. YJ

Citation

ML v. YJ
Court

Court of Final Appeal
Case number

FACV20/2009

The majority concluded that the Shenzhen divorce satisfied Part IX jurisdictional criteria and, absent manifest breach of public policy, must be recognized; recognition removes Hong Kong jurisdiction to make ancillary relief orders under s.25 MPPO once the foreign decree takes effect; the statutory public policy exception in s.61(2)(b) is narrow and to be exercised only in exceptional cases where recognition would plainly cause substantial injustice, which was not established to the requisite degree by the appellant in the majoritys view.
17 Jun 2009

ML v. YJ

Citation

ML v. YJ
Court

Court of Appeal
Case number

CACV89/2008

Majority (Cheung JA and Sakhrani J) held recognition of the Shenzhen divorce should be granted because the public policy exception in s61(2)(b) was not made out on the facts: the husband had a legitimate basis to litigate in Shenzhen, the wife’s prejudice was not so extreme as to justify refusing recognition, practical and procedural remedies and undertakings existed, and the court’s residual discretion must be exercised sparingly; accordingly recognition ousts Hong Kong jurisdiction over ancillary relief and ancillary proceedings must be stayed.