Bill eases cross-border divorces

More than 4,000 divorce cases between 2017 and 2019 involved cross-border couples, said Secretary for Justice Teresa Cheng Yeuk-wah after the Legislative Council passed a bill for mainland judgments on marriage matters to be recognized in Hong Kong.

The Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance, passed on Wednesday, addresses a large number of cross-border divorces - 18 percent of nearly 70,000 divorce cases filed with the SAR family court from 2017 to 2019.

Cheng said the bill is beneficial in allowing a party with mainland family case judgments to make a registration application with the SAR's district courts for orders, as well as guardianship and custody, spousal maintenance and division of property.

Second, it would allow recognition of mainland divorce certificates in Hong Kong.

Finally, those who live in the mainland but filed their divorces in Hong Kong - and thus cannot apply to SAR courts for certified copies of their family case judgments to submit to mainland courts - will also benefit.

Cheng said: "[The ordinance] provides effective judicial redress for the parties, as well as reduces the need for relitigation of the same disputes, hence saving time and cost and reducing their emotional distress." She said women are often recipients of maintenance payments in divorce cases and victims in domestic violence.

"The ordinance can help address these issues and offer better protection to women," she said.

She illustrated her point by imagining a case of a child in Hong Kong being wrongfully retained in the mainland by a parent.

The other parent can seek assistance from mainland courts for the return of the child, she said.

Cheng said the Department of Justice will discuss with the Supreme People's Court on when the ordinance will take effect, while the latter will promulgate judicial interpretations on the recognition of enforcement of SAR judgments on the mainland separately.