Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Voidable marriages
  • 11 Aug 2020

    LUI MING LOK v. NG IM FONG LORETTA

    Citation
    [2020] HKCFI 1243
    Court
    Court of First Instance
    Case number
    HCAP28/2019

    Section 20(2)(c) and (d) of the Matrimonial Causes Ordinance, read in context with the legislative history adopting the English Nullity of Marriage Act 1971, constitute a comprehensive code dealing with unsoundness of mind; unsoundness of mind in its forms is a ground of voidability only and does not preserve a residual common law ground rendering a marriage void ab initio. Therefore the plaintiff's pleaded claim that the 2010 marriage was void for lack of mental capacity is legally unarguable and must be struck out; other challenges to the 2010 will (lack of testamentary capacity, undue infl…