Read the full judgment text of CAMP 84/2019 on BabelCite. This Court of Appeal judgment was delivered on 31 July 2019 before Hon Poon and Au JJA.
Jurisdiction – Divorce proceedings – Domicile – Substantial connection – Matrimonial Causes Ordinance – Leave to appeal – Burden of proof – Domicile Ordinance – District Court Ordinance – High Court Rules – Costs – Petitioner sought leave to appeal dismissal of divorce petition on grounds of lack of jurisdiction. Issues: whether petitioner bears burden to prove respondent's domicile was Hong Kong at date of petition; whether respondent had substantial connection with Hong Kong. Court held petitioner bears burden to prove jurisdiction under section 3 of Matrimonial Causes Ordinance. Petitioner failed to prove respondent was present in Hong Kong and intended to make it his home for indefinite period at date of petition. Substantial connection is finding of fact for trial judge. Judge not plainly wrong in finding factors relied upon by petitioner merely showed connection but not substantial connection. Factors included HK identity card, bank accounts, visits, family in HK. No settled intent to make Hong Kong permanent home. Appeal refused. Costs awarded to respondent. – Leave to appeal refused; summons dismissed. Petitioner to pay respondent's costs summarily assessed at HK$50,000.
Legal issues: Burden of proof on domicile · Substantial connection with Hong Kong
Outcome: Leave to appeal refused; summons dismissed.
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