Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 58

Proof of facts relevant to recognition

(1) For the purpose of deciding whether an overseas divorce or legal
separation is entitled to recognition by virtue of this Part, any
finding of fact made (whether expressly or by implication) in the proceedings
by means of which the divorce or legal separation was obtained and on the
basis of which jurisdiction was assumed in those proceedings shall-

   (a)  if both spouses took part in the proceedings, be conclusive evidence
        of the fact found; and

   (b)  in any other case, be sufficient proof of that fact unless the
        contrary is shown.

(2) In this section, "finding of fact" (就事實所作的裁斷) includes a
finding that either spouse was habitually resident or domiciled in, or a
national of the country in which the divorce or legal separation was obtained;
and for the purposes of subsection (1)(a), a spouse who has appeared in
judicial proceedings shall be treated as having taken part in them. [cf. 1971
c. 53 s. 5 U.K.]

"finding of fact" (就事實所作的裁斷)