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Cross-border marriage made up 37 per cent of the city’s total marriages in 2014. Photo: SCMP Pictures

Wedded in Hong Kong, divorced in mainland China: whose laws apply in a cross-border marriage?

Department of Justice to seek public views on proposed reciprocal arrangements involving issues like maintenance payments and parental abduction

The government has launched a seven-week consultation in a bid to deepen legal links between the city and the mainland on matrimonial matters – which could lead to progress on tackling cross-border maintenance payments evasion and parental abduction.

In a statement on Monday, the Department of Justice said it would seek public views on the extent of coverage of proposed reciprocal arrangements – which could see Hong Kong courts’ matrimonial rulings valid on the mainland and vice versa.

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The consultation was announced following a legal panel meeting at the Legislative Council, which heard that marriages and divorces between Hongkongers and mainlanders had been on the rise.

While cross-border marriage made up 37 per cent of the city’s total marriages in 2014, about 20 to 30 per cent of divorces filed in Hong Kong were by residents who had wed on the mainland.

Up for discussion are the types of judgement which should be recognised, for instance, divorces, maintenance and custody orders.

The department is also looking for a consensus on whether a mainland divorce certificate issued by administrative departments rather than courts should be included.

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At the panel on administration of justice and legal services on Monday, deputy solicitor general of the Department of Justice Peter Wong said the proposal could give better protection to maintenance payment receivers from both jurisdictions and solve cases in which a Hong Kong parent’s child is removed to the mainland even though the city’s court has given the parent custody.

Under the Matrimonial Causes Ordinance, a mainland divorce is recognised by Hong Kong courts, which inherited their common law system from Britain.

In 2006, a cross-border arrangement on reciprocal recognition and enforcement of civil judgments was reached, though it considered solely commercial disputes.

Dennis Ho Chi-kuen, chairman of the Law Society’s family law committee, told the panel his solicitors welcomed the proposal.

“We have seen many cases in the past decades and we have to deal with these issues,” he said.

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