Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Lex loci celebrationis

  • 7 Nov 2023

    吳前稱吳 對 黃

    Citation
    [2023] HKFC 245
    Court
    Family Court
    Case number
    FCMC9789/2022

    Husband failed to prove on the evidence that he was absent from or did not participate in the marriage registration; PRC administrative bodies and courts had already adjudicated and rejected his application to cancel the marriage certificate, thereby affirming its validity under PRC law; under s20A the foreign law outcome is decisive and there were no statutory grounds under s20(1) for nullity in Hong Kong. Therefore the husband's nullity petition fails and the wife's divorce petition is granted (decree nisi), with costs awarded to the wife and referral to the DoJ for suspected bigamy.

  • 30 May 2012

    RE TSE CHU

    Citation
    RE TSE CHU
    Court
    Court of First Instance
    Case number
    HCAG11051/2011

    On the evidence before the court the court could not accept the assertion that Poon, Chan and the Deceased were 'equal wives' (ping chai); Chan's status requires application of the 1931 Republican Civil Code and may confer wife-like status unless set aside; the Deceased's 1945 union requires proof of customary concubinage under Hong Kong law; because material facts and expert evidence are missing the court directed the solicitor to file further affirmation and, if necessary, expert evidence within three weeks failing which the application will be rejected without prejudice.

  • 13 Feb 1989

    ERMINDA CONSTANTINO ONG v. CHAU SHUI HING

    Citation
    ERMINDA CONSTANTINO ONG v. CHAU SHUI HING
    Court
    Court of First Instance
    Case number
    HCMP1895/1988

    Where a PRC marriage met other formalities and was registered and followed by cohabitation and children, and no annulment was sought before the statutory age was reached (or before the woman became pregnant), the marriage becomes valid despite non‑strict compliance with Article 4; accordingly the 1964 PRC marriage was lawful and the Defendant is the lawful widow.