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Hong Kong Law Reform Commission |
(This table tabulates the
current rules for determining a person's domicile in
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Married women's Domicile |
Domicile of the mentally incapacitated |
Standard of proof |
Domicile in a federal or composite state |
Transitional provisions |
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Domicile
("D") of origin
l legitimate: father; illegitimate: mother l adopted child: uncertain[1] l foundling: D in the country in which it
was found[2] D of
dependency
l legitimate: father; illegitimate: mother l adopted child: uncertain (see above) l legitimated child: D of father[3] |
l at 18: capable of acquiring D of choice l D of choice: residence + intention to
reside permanently or indefinitely l abandon D of choice by ceasing to reside
+ ceasing to intend to reside there permanently or indefinitely l revival of D of origin |
l married women's dependent D still applies |
l incapacity occurs during infancy: D of dependency
continues even after the age of majority l incapacity occurs after the age of
majority: D last had before incapacity continues so long as he remains in
that condition |
higher standard for displacing D of origin |
no specific provision |
no specific provision |
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Married women's Domicile |
Domicile of the mentally incapacitated |
Standard of proof |
Domicile in a federal or composite state |
Transitional provisions |
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D of origin l legitimate: father; illegitimate: mother;[5]
foundling: D in the country in which it was found[6] l parents live separately/one of them dies:
D of the parent with whom the child has home[7] l adopted children: see below D of dependency l legitimate: father; illegitimate: mother;[8] l parents live separately/one of them dies:
D of the parent with whom the child has home and changes with it[9] - until the child begins to have his
principal home with the other parent, or his parents resume or start living
together[10] l adopted by 2 parents: as if he were born
in wedlock of those parents [11] l adopted by 1 parent: D of that parent[12] |
l at 18 or married: capable of acquiring D
of choice[13] l D of choice: lawful presence + intention
to make his home indefinitely[14] l abandon by leaving the country + ceasing
to intend to reside there indefinitely l no revival of D of origin: existing D (D
by choice or dependency) continues until a new D is acquired[15] |
l married women's dependent D abolished[16] |
l the mentally incapable cannot acquire D
of choice[17] l incapacity occurs during infancy: D of
dependency continues even after the age of majority l incapacity occurs after the age of
majority: D last had before incapacity continues so long as he remains
incapable |
same
standard whether the D to be displaced is a D of origin or D of choice:
balance of probabilities[18] |
D in a
union: also D in the country therein with which he has the closest connection[19] |
l D at any time before the commence-ment of the Act determined as if the Act had not been
enacted[20] l D at any time after the commence-ment of the Act determined as if the Act had always been
in force[21] |
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l parents with common D: D of the parents[23] l parents w/o common D: D of the parent
with whom the child resides[24] l other cases: D of the place where the
child normally & usually resides[25] |
l anyone except children and the mentally
incompetent: capable of acquiring D of choice[26]
l D of choice: principal home + intention
to reside[27] l presumption as to intention to reside
indefinitely where the principal home is[28] l no revival of D of origin: existing D (D
by choice or dependency) continues until a new one is acquired[29] |
l married women's dependent D abolished[30] |
l born mentally incompetent, and is still
so or is a child: D determined according to the rules on determining
children's D[31] l becomes mentally incompetent after birth:
as long as remaining incompetent, retains D he had prior to his becoming so[32] |
no specific provision |
no specific provision |
l nothing in the Act affects a person's D
at any time before the Act's commence-ment[33] l nothing in the Act affects jurisdiction of
any court in any proceedings commenced before the commence-ment of the Act[34] |
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D of origin
l legitimate: father[35];
illegitimate: mother[36];
l posthumous: father's D at his death[37];
l foundling: submitted that D in the
country in which it was found[38] D of dependencyl follows D of the parent from whom the D
of origin is derived (with 3 exceptions)[39] l D of child with parents separated: no
authority[40] l adopted child: probably D of adoptive
parent[41] |
l at 18: capable of acquiring D of choice[42] l D of choice: residence + intention to
reside permanently or indefinitely[43] l abandon by ceasing to reside + ceasing to
intend to reside there indefinitely l no revival of D of origin[44] |
l married women's dependant D still applies[45] l 2 exceptions: (1) separated from her
husband under a court decree; (2)
her husband is undergoing a sentence of transportation[46] |
l cannot acquire a new D except D of
dependence on another person[47] l "another person" is not defined |
no specific provision; (higher standard for displacing D of origin at
common law may still apply) |
no specific provision |
no specific provision |
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D of
origin
l legitimate: father; illegitimate: mother; l foundling: uncertain but generally
accepted that D in the country it is found D of dependency l legitimate: father; illegitimate: mother l legitimated child: no authority l adopted child: uncertain l legitimate child who has parents living
apart and who has home with mother but not father: D of mother[48] |
l at 18 or married: capable of acquiring D
of choice [49] l D of choice: residence + intention to
reside permanently or indefinitely l abandon by ceasing to reside + ceasing to
intend to reside there indefinitely l revival of D of origin |
l married women's dependent D abolished[50] l D at any time before or after the
commencement of the Act determined as if the Act had not been passed or had
always been in force respectively[51] |
l incapacity occurs during infancy: D of
dependency continues even after reaching full age l incapacity occurs after reaching full
age: the D last had before incapacity continues so long as he remains
incapable |
no specific provision; (higher standard for displacing D of origin at
common law may still apply) |
no specific provision |
no specific provision |
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D of origin l legitimate: father; illegitimate: mother l adopted child: uncertain[52] l foundling: D in the country in which it
was found D of dependency l legitimate: father; illegitimate: mother l adopted child: uncertain (see above) |
l at 18 : capable of acquiring D of choice[53] l D of choice: residence + intention to
reside permanently or indefinitely l abandon by ceasing to reside + ceasing to
intend to reside there indefinitely l revival of D of origin |
married women's dependent D still applies |
l incapacity occurs during infancy: D of
dependency continues even after the age of majority l incapacity occurs after the age of
majority: D last had before incapacity continues so long as he remains
incapable |
no specific provision; (higher standard for
displacing D of origin at common law may still apply) |
no specific provision |
no specific provision |
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l child = under 16 and unmarried[54] |