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Hong Kong Case Law

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Family law [2022] HKFC 242

M v. G

Hong Kong District Court refused leave for post-divorce financial relief under Part IIA MPPO, finding no substantial connection between the husband and Hong Kong.

  • Leave to apply under part iia mppo
  • Substantial connection
  • Jurisdiction to grant post-divorce financial relief
  • Forum appropriateness (section 29af)
  • Recognition of foreign divorce
  • Part-iia-mppo
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Family law [2019] HKFC 90

CM v. XDY

The court refused leave for post-divorce financial relief under the MPPO, finding no substantial connection with Hong Kong and dismissing the originating summons.

  • Financial relief
  • Jurisdiction to grant post-divorce financial orders
  • Leave to apply under section 29ac
  • Substantial connection
  • Recognition of foreign divorce
  • Family-law
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Family law TJ v. XGM

TJ v. XGM

Leave was granted for a Part IIA MPPO financial relief application after a foreign divorce, as the court found jurisdiction and a substantial ground to proceed.

  • Leave under s29ac mppo
  • Jurisdiction under s29ae
  • Appropriate forum inquiry under s29af
  • Recognition of foreign divorce
  • Enforceability of financial relief
  • Family-law
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Family law YY v. QY

YY v. QY

The court rescinded a decree nisi obtained on incomplete evidence, but refused to strike out the divorce petition or discharge the property registration.

  • Recognition of foreign divorce
  • Rescission of decree nisi
  • Substituted service / service by advertisement
  • Abuse of process / forum shopping
  • Ancillary relief jurisdiction
  • Lis pendens (registration against property)
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Family law LS v. AD

LS v. AD

The court refused to stay a Hong Kong divorce petition in favour of Beijing, holding Beijing was not clearly more appropriate and Hong Kong discovery was a key juridical advantage.

  • Forum non conveniens
  • Stay of proceedings
  • Ancillary relief
  • Jurisdiction
  • Child custody
  • Discovery
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Family law CMU v. WPM

CMU v. WPM

The court refused leave for financial relief after a Macau divorce, holding the applicant had not shown a substantial connection with Hong Kong or that Hong Kong was the appropriate venue.

  • Part iia mppo leave to apply
  • Substantial connection (s29ae(c))
  • Appropriate forum/venue (s29af)
  • Recognition of foreign divorce
  • Forum non conveniens
  • Forum shopping/top-up awards
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Family law I. N. v. M. M. N.

I. N. v. M. M. N.

The court refused to recognize an Indian divorce decree and dismissed the husband’s stay application, holding the wife lacked a reasonable opportunity to participate and that recognition would offend public policy.

  • Recognition of foreign divorce
  • Jurisdiction
  • Public policy
  • Service of process
  • Ancillary relief / maintenance
  • Recognition-of-foreign-divorce
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Family law ML v. YJ

ML v. YJ

The Court of Appeal granted leave to appeal to the Court of Final Appeal in a cross-border divorce and ancillary relief dispute involving recognition of a PRC divorce and public policy.

  • Recognition of foreign divorce
  • Ancillary relief jurisdiction
  • Decree nisi/absolute
  • Public policy (ordre public)
  • Cross-border matrimonial assets
  • Recognition-of-foreign-divorce
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Family law ML v. YJ

ML v. YJ

The court refused to recognize a Shenzhen divorce to block Hong Kong ancillary relief, finding the Husband’s reliance on it unconscionable and contrary to public policy.

  • Recognition of foreign divorce
  • Public policy refusal (s61(2)(b))
  • Ancillary relief jurisdiction
  • Decree nisi vs decree absolute
  • Anti-suit and hermain injunctions
  • Forum non conveniens
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Family law HRT v. RHT

HRT v. RHT

The District Court held that a 1960 Sindhi Hindu marriage in Jakarta was valid under Indonesian law, rejected the husband’s challenge, and granted a decree nisi on separation.

  • Validity of foreign marriage
  • Customary marriage
  • Marriage registration
  • Recognition of foreign divorce
  • Divorce by separation
  • Jurisdiction
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Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.