Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 26

Presumption of death and dissolution of marriage

(1) Any married person who alleges that reasonable grounds exist for supposing
that the other party to the marriage is dead may present a petition to the
court to have it presumed that the other party is dead and to have the
marriage dissolved, and the court may, if satisfied that such reasonable
grounds exist, make a decree of presumption of death and dissolution of the
marriage.

(2) In any proceedings under this section the fact that for a period of 7
years or more the other party to the marriage has been continually absent from
the petitioner and the petitioner has no reason to believe that the other
party has been living within that time shall be evidence that the other party
is dead until the contrary is proved.

(3) Section 15(5) and sections 16 to 18 shall apply to a petition and a decree
under this section as they apply to a petition for divorce and a decree of
divorce respectively. (Amended 33 of 1972 s. 17)

(4) Neither collusion nor any other conduct on the part of the petitioner
which has at any time been a bar to relief in matrimonial proceedings shall
constitute a bar to the grant of a decree under this section. (Added 33 of
1972 s. 17) [cf. 1971 c. 44 s. 6(2) U.K.] [cf. 1965 c. 72 s. 14 U.K.]