Professional Documents
Culture Documents
Foreign Marriages
Foreign Marriages
Foreign Marriages
years (section 45 of the Offences Against the Person Ordinance (Cap. 212)).
Bigamy has been alleged where a person marries for a second time
separation. Bigamy has also been alleged where the validity of Hong
Under section 20(1)(c) of the Matrimonial Causes Ordinance (Cap. 179) if either
marriage, the other party can petition for nullity, meaning that the
marriage will be declared null and void. Neither delay nor conduct
a law which permits the husband to take more than one wife while
Foreign marriages
In Hong Kong, a foreign marriage is valid if three conditions are
satisfied:
1. It is celebrated or contracted outside Hong Kong in accordance with the law in force at the
time and in the place where the marriage was performed (section 2(2) of the Married
Persons Status Ordinance (Cap. 182));
2. Both parties possessed the capacity to marry in accordance with the law of each party’s
antenuptial domicile such as the law relating to minimum age of marriage, union between
the same sex, bigamous union, or prohibited degrees of consanguinity or affinity (Wong
Zhong Lan-Xiang and Others v Frank Wong and Another [2003] 4 HKC 609); and
3. It is not repugnant to the conscience of the Court in Hong Kong.
Conflict of laws consideration of analysis has led to in-depth
party has committed bigamy. Courts will not defer in stating that
there were two valid marriages as in the case of Wong Zhong Lan Xiang
& Others v Wong & Another, should they be satisfied that the individual
marriages were valid with respect to either Hong Kong law or
was held that the marriage was bigamous and not valid and
judgment that:-
“…a bigamous relationship does not necessarily mean a black and white scenario where the
bigamist is guilty and the other party is innocent. It is a reminder that in matrimonial cases,
there may be many fine shades of grey.”
Criminal bigamy
Sentences for bigamy will vary according to the circumstances of
the case. According to R v Sze Tin Sin [1987] 3 HKC 333, where there
on the gravity of the injury inflicted. In this case, the court allowed
In another case, HKSAR v Lam Ka Wing [2000] HKCFI 352, the court
that as the offence was committed for monetary gain and was
proper sentence had the Defendant not pleaded guilty would have
been 9 to 12 months.