Rules for Determining Domicile

This Consultation Paper has been prepared by the Domicile Sub-committee of the Law Reform Commission. It does not represent the final views of either the Sub-committee or the Law Reform Commission, and is circulated for comment and discussion only.

The Sub-committee would be grateful for comments on this Consultation Paper by 31 May 2004. All correspondence should be addressed to:

It may be helpful for the Commission and the Sub-committee, either in discussion with others or in any subsequent report, to be able to refer to and attribute comments submitted in response to this Consultation Paper. Any request to treat all or part of a response in confidence will, of course, be respected, but if no such request is made, the Commission will assume that the response is not intended to be confidential.

It is the Commission's usual practice to acknowledge by name in the final report anyone who responds to a consultation paper. If you do not wish such an acknowledgment, please say so in your response.

THE LAW REFORM COMMISSION
OF HONG KONG

DOMICILE SUB-COMMITTEE

CONSULTATION PAPER

Chapter	*Page*

Preface	1

Terms of reference	2
Layout of this Paper	3

1. The existing rules for determining a person's domicile	4

Major areas of law where the concept of domicile is used	4
General rules in respect of domicile	7
Existing rules for determining a person's domicile	8

2. Problems of the existing law	17

Domicile of children	17
Domicile of adults	20
Domicile of dependency of married women	21
Domicile of dependency of the mentally incapacitated	23
Burden and standard of proof	24
Domicile in a federal or composite state	25

3. Should domicile be retained as a general connecting factor?	26

Other common connecting factors	26
Reform proposals considered in other jurisdictions	28
Conclusion	30

4. The law in other jurisdictions, options for reform and recommendations	32

Domicile of children	32
Domicile of adults	50
Domicile of married women	71
Domicile of the mentally incapacitated	78
Standard of proof	85
Domicile in federal or composite states	86
Transitional provisions	90
Codification	92

5. Summary and practical effects of Recommendations	96

Summary of Recommendations	96
Practical effects of Recommendations	98

Annex 1 - Comparison table of the rules for determining a person's domicile	99

Annex 2 - Table comparing the current rules with the proposed rules in Hong Kong	110

Hong Kong Law Reform Commission

THE LAW REFORM COMMISSION OF HONG KONG

DOMICILE SUB-COMMITTEE

CONSULTATION PAPER

February 2004

THE LAW REFORM COMMISSION
OF HONG KONG

DOMICILE SUB-COMMITTEE

CONSULTATION PAPER

Chapter

Page