Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 61

Exceptions from recognition

(1) The validity of a divorce or legal separation obtained outside Hong Kong
shall not be recognized in Hong Kong if it was granted or obtained at a time
when, according to the law of Hong Kong (including its rules of private
international law and the provisions of this Part), there was no subsisting
marriage between the parties.

(2) Subject to subsection (1), recognition by virtue of this Part or of any
rule preserved by section 59 of the validity of a divorce or legal separation
obtained outside Hong Kong may be refused if, and only if-

   (a)  it was obtained by one spouse-

        (i)    without such steps having been taken for giving notice of the
               proceedings to the other spouse as, having regard to the nature
               of the proceedings and all the circumstances, should reasonably
               have been taken; or

        (ii)   without the other spouse having been given (for any reason
               other than lack of notice) such opportunity to take part in the
               proceedings as, having regard to the matters aforesaid, he
               should reasonably have been given; or

   (b)  its recognition would manifestly be contrary to public policy.

(3) Nothing in this Part shall be construed as requiring the recognition of
any findings of fault made in any proceedings for divorce or separation or of
any maintenance, custody or other ancillary order made in any such
proceedings. [cf. 1971 c. 53 s. 8 U.K.]