### Mainland Judgments (Reciprocal Enforcement) Ordinance 《內地判決(交互強制執行)條例》

24. Power to amend Schedule 1
The Chief Executive in Council may, by order published in the Gazette, amend Schedule 1.

25. Publication of list of Primary People’s Courts
(Amended 17 of 2018 s. 18)(1) The Secretary for Justice shall from time to time publish in the Gazette a list of Primary People’s Courts for the purposes of this Ordinance. (Amended 17 of 2018 s. 18)
(2) A list published under subsection (1) is not subsidiary legislation.

26. Special provisions for chosen courts becoming or ceasing to be recognized Primary People’s Courts
(Amended 17 of 2018 s. 19)(1) If any chosen court was not a recognized Primary People’s Court at the date of the choice of Mainland court agreement, the chosen court shall not be regarded as a recognized Primary People’s Court for the purposes of this Ordinance even though the chosen court has subsequently become a recognized Primary People’s Court.
(2) If, in relation to any Mainland judgment, any chosen court was a recognized Primary People’s Court at the date of the choice of Mainland court agreement and it remained as such at the date of the judgment, the chosen court shall be regarded as a recognized Primary People’s Court for the purposes of this Ordinance even though the chosen court has subsequently ceased to be a recognized Primary People’s Court.
(Amended 17 of 2018 s. 19)

27. (Omitted as spent—E.R. 6 of 2019)

### Domicile Ordinance 《居籍條例》

1. Short title
(Amended E.R. 1 of 2019)(1) This Ordinance may be cited as the Domicile Ordinance.
(2) (Omitted as spent—E.R. 1 of 2019)

2. Interpretation
(1) In this Ordinance, unless the context otherwise requires—
child (未成年人) means an individual who has not attained the age of 18 (whether or not the individual is married under the law of any country or territory and whether or not the individual is a parent), and adult (成年人) shall be construed accordingly;
court (法院) includes a magistrate;
parent (父母), in relation to a child, means—
(a) the natural father or natural mother of the child (whether or not the natural father and natural mother are married to each other);
(b) a parent of the child by adoption; or
(c) a stepfather or stepmother of the child.

(2) For the purposes of the definition of parent—
(a) an adoption means—
(i) an adoption under an adoption order made in accordance with the Adoption Ordinance (Cap. 290); or
(ii) an adoption recognized as valid by the law of Hong Kong;
(b) where a child is so adopted and subject to paragraph (c), the adopter or adopters, and not any other person, is or are treated as the parent or parents of the child; and
(c) where—
(i) a person married to a natural parent of a child has adopted the child under an adoption within the meaning of paragraph (a); and
(ii) by virtue of paragraph (c)(i) of section 13(1) of the Adoption Ordinance (Cap. 290), the child stands to the adopter and that natural parent exclusively in the position of a child born to them in lawful wedlock in respect of the relevant matters within the meaning of that section 13(1), or by virtue of any law of the country or territory of adoption other than Hong Kong, the child stands to the adopter and that natural parent exclusively in such a position in respect of such matters,
the adopter and that natural parent, and not any other person, are treated as the parents of the child.
(3) In this Ordinance, a reference to a country or territory, in relation to an individual whose domicile at any time is in question, is a reference to a country or territory that has its own system of law at that time.

3. General rules
(1) Every individual has a domicile.
(2) No individual has, at the same time and for the same purpose, more than one domicile.
(3) Where the domicile of an individual is in issue before any court in Hong Kong, that court shall determine the issue in accordance with the law of Hong Kong.

### Domicile Ordinance 《居籍條例》

4. Domicile of children
(1) A child is domiciled in the country or territory with which he is for the time being most closely connected.
(2) Where the child’s parents are domiciled in the same country or territory and the child has his home with either or both of them, it shall be presumed, unless the contrary is proved, that the child is most closely connected with that country or territory.
(3) Where the child’s parents are not domiciled in the same country or territory and the child has his home with one of them, but not with the other, it shall be presumed, unless the contrary is proved, that the child is most closely connected with the country or territory in which the parent with whom he has his home is domiciled.

5. Domicile of adults
(1) On becoming an adult, an individual retains (subject to subsection (2)) the domicile that he had immediately before he becomes an adult.
(2) Subject to sections 6, 7 and 8, an adult acquires a new domicile in a country or territory if—
(a) he is present there; and
(b) he intends to make a home there for an indefinite period.

6. Acquiring a domicile in Hong Kong
(1) An adult does not acquire a domicile in Hong Kong under section 5(2) unless he is lawfully present in Hong Kong.
(2) An adult’s presence in Hong Kong shall be presumed to be lawful unless the contrary is proved.
(3) In exceptional circumstances where it is proved that strict adherence to subsection (1) would result in injustice, an adult may despite subsection (1) acquire a domicile in Hong Kong even though his presence in Hong Kong is unlawful.

7. Acquiring a domicile in another country or territory
In determining for the purposes of section 5(2) whether an adult has acquired a domicile in a country or territory other than Hong Kong—
(a) account shall be taken of whether his presence in that country or territory is lawful by the law of that country or territory; but
(b) even if his presence in that country or territory is unlawful by the law of that country or territory, that fact does not preclude a determination that he has acquired a domicile in that country or territory.

8. Domicile of adults under disability
(1) An adult lacking the capacity to form the intention necessary for acquiring a domicile is domiciled in the country or territory with which he is for the time being most closely connected.
(2) Whether an adult lacks that capacity is a question of fact.
(3) When that capacity is restored to an adult, he retains the domicile that he had immediately before the capacity was restored.