Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Sham/bogus marriage

  • 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.

  • 15 Jun 2010

    HKSAR v. CHONG SHUE WENG, DEREK AND ANOTHER

    Citation
    HKSAR v. CHONG SHUE WENG, DEREK AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCMA235/2009

    The court refused certification because the questions posed did not raise points of law of great and general public importance; the complaints about particulars and absence of evidence were evidential and fact-specific, the appellants' application to the Immigration Department was predicated on a marriage that was a shell and the relevant representations in documents were false and material to the immigration officer's duty to decide on the application, and therefore the convictions and the factual findings disposed the legal questions raised.