Hong Kong Case Law: Decisions & Judgments

Topic

Nullity of marriage

Legal area

Court

1 Aug 2024

LUI MING LOK (雷明樂) v. NG IM FONG LORETTA (伍艷芳), the executrix of the estate of LUI KWAN CHEUNG (雷均祥), Deceased under the Grant of Probate No. HCAG016896/2015

Citation

[2024] HKCFA 21
Court

Court of Final Appeal
Case number

FACV1/2024

Section 20(2)(c) and (d) of the Matrimonial Causes Ordinance cover all types of mental incapacity vitiating consent and thus such marriages are voidable not void; the common law rule that severe incapacity renders a marriage void has been displaced by the statutory code; section 20 applies irrespective of whether the petitioner is a spouse, so the appellant's challenge fails.
19 Jul 2024

吳前稱吳對黃

Citation

[2024] HKCA 675
Court

Court of Appeal
Case number

CAMP15/2024

The application for leave to appeal was refused because the husband's grounds amount to re-arguing factual credibility findings without demonstrating any error of law or that the trial judge was plainly wrong; mainland administrative and court decisions and immigration records supported the marriage's validity, so there was no real prospect of success and the application was wholly without merit.
19 Jul 2024

黃對吳前稱吳

Citation

[2024] HKCA 675
Court

Court of Appeal
Case number

CAMP14/2024

Leave to appeal was refused because the proposed grounds were merely disagreements with the trial judge's factual and credibility findings, lacked specific demonstration of legal or obvious factual error, and were contradicted by mainland administrative and judicial rulings and documentary evidence confirming the marriage; absent new cogent evidence of forgery or illegality, there was no arguable case to permit an appeal.
8 Jan 2024

黃對吳前稱吳

Citation

[2024] HKFC 6
Court

Family Court
Case number

FCMC2867/2021

Husband failed to show any reasonable prospect of success or a principled error in the trial judge's handling of evidence and credibility findings; the trial judge's factual conclusions were supported by the evidential record and the husband's points did not disclose arguable errors of law or fact — leave to appeal is refused and costs awarded.
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.
14 Jul 2023

LUI MING LOK v. NG IM FONG LORETTA

Citation

[2023] HKCA 865
Court

Court of Appeal
Case number

CACV418/2020

On construction of s.20 MCO in light of legislative history and the adoption of the NMA 1971, lack of mental capacity/unsoundness of mind or mental disorder renders a marriage voidable under s.20(2)(c)‑(d), not void; the old ecclesiastical/common‑law rule that such incapacity made a marriage void was not preserved by s.20(1)(b) and the pleading that the August 2010 marriage was void was correctly struck out.
29 Nov 2019

HK v. OTM

Citation

[2019] HKFC 310
Court

Family Court
Case number

FCMC3332/2019

Hong Kong has prima facie jurisdiction by habitual residence; the Moroccan religious marriage can be declared void ab initio because a prior valid French civil marriage subsists; on the forum non conveniens test Hong Kong is clearly and distinctly the more appropriate forum given the parties' substantial matrimonial life in Hong Kong and elsewhere outside Morocco, the children's habitual residence in Hong Kong and the material juridical disadvantages the wife would suffer in Morocco (notably lack of asset redistribution and procedural protections); therefore the husband's stay application is…
9 Jan 2017

WONG SIK YUK v. TSUI LEN

Citation

WONG SIK YUK v. TSUI LEN
Court

Court of First Instance
Case number

HCA1194/2015

The court refused to strike out the Statement of Claim because, notwithstanding significant difficulties and evidence challenging the PRC notarial certificate, it was not 'plain and obvious' that the plaintiff could never prove the alleged 1979 marriage; genuine factual disputes and legal questions remain for trial or further investigation, and summary disposal would be inappropriate.
6 Jan 2015

WYWS also known as SYWW v. CJB

Citation

WYWS also known as SYWW v. CJB
Court

Family Court
Case number

FCMC12719/2008

The respondent's application for a rehearing was dismissed as an abuse of process and wholly without merit because it was precluded by s14(3)(d) HCO and the Court of Appeal's refusal of leave was final; therefore the rehearing application must fail and be dismissed.
5 Nov 2012

S v. B

Citation

S v. B
Court

Court of First Instance
Case number

HCMP1837/2012

The husband's summons for leave to appeal out of time was dismissed because s.14(3)(d) of the High Court Ordinance precludes an appeal from a decree absolute where the party had time and opportunity to appeal the decree nisi but did not do so; the Court followed binding authority (LCM v LYY) extending s.14(3)(d) to District Court orders; recusal allegations were unparticularised and insufficient.