### Matrimonial Causes Ordinance 《婚姻訴訟條例》

20A. Foreign marriages
(1) Where apart from this Ordinance, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a place outside Hong Kong, nothing in section 20 shall— (Amended 20 of 2010 s. 6)
(a) preclude the determination of that matter as aforesaid; or 
(b) require the application to the marriage of the grounds or bars mentioned therein except so far as applicable in accordance with those rules. 
(2) In the case of a marriage which has taken place outside Hong Kong and purports to be a marriage under common law, section 20(1) is without prejudice to any ground on which the marriages may be void by virtue of the rules governing the celebration of marriages outside Hong Kong under common law.
(Added 33 of 1972 s. 13. Amended 23 of 1998 s. 2; 25 of 1998 s. 2) [cf. 1971 c. 44 s. 4 U.K.]

20B. Decree of nullity in case of voidable marriage
A decree of nullity granted after 30 June 1972 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the decree has been made absolute, and the marriage shall, notwithstanding the decree, be treated as if it had existed up to that time. 
(Added 33 of 1972 s. 13) [cf. 1971 c. 44 s. 5 U.K.]

21. Granting of decree of nullity
If the court is satisfied that the case for the petition has been proved, the court shall grant a decree of nullity.

22. Application of ss. 15(5), 16 and 17 to nullity proceedings
Sections 15(5), 16 and 17 shall apply in relation to proceedings for nullity of marriage as if for any reference in those provisions to divorce there were substituted a reference to nullity of marriage. 
(Amended 33 of 1972 s. 14) [cf. 1965 c. 72 s. 10 U.K.]

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

23. Collusion not to be bar to relief in nullity proceedings
Collusion shall not be a bar to the granting of a decree of nullity, whether the marriage took place, or the proceedings were instituted, before or after 1 July 1972. 
(Added 33 of 1972 s. 15) [cf. 1971 c. 44 s. 6(1) U.K.]

24. Judicial separation
(1) A petition for judicial separation may be presented to the court by either party to a marriage on the ground that any such fact as is mentioned in section 11A(2) exists, and sections 11C, 15A and 18A shall apply in relation to such a petition as if they apply in relation to a petition for divorce. (Replaced 33 of 1972 s. 16. Amended 29 of 1995 s. 17) [cf. 1969 c. 55 s. 8(2) U.K.] 
(1A) The court hearing a petition for judicial separation shall not be concerned to consider whether the marriage has broken down irretrievably and if it is satisfied on the evidence of any such fact as is mentioned in section 11A(2), it shall, subject to section 18 of the Matrimonial Proceedings and Property Ordinance (Cap. 192), grant a decree of judicial separation. (Added 33 of 1972 s. 16. Amended 39 of 1972 s. 33; 29 of 1995 s. 17) [cf. 1969 c. 55 s. 8(3) U.K.] 
(2) Where the court grants a decree of judicial separation it shall no longer be obligatory for the petitioner to cohabit with the respondent. 
(3) The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true, rescind the decree at any time on the ground that it was obtained in the absence of the applicant. (Amended 29 of 1995 s. 14) 
[cf. 1965 c. 72 s. 12 U.K.]

### Matrimonial Causes Ordinance 《婚姻訴訟條例》

26. Presumption of death and dissolution of marriage
(1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court may, if satisfied that such reasonable grounds exist, make a decree of presumption of death and dissolution of the marriage. 
(2) In any proceedings under this section the fact that for a period of 7 years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved. 
(3) Section 15(5) and sections 16 to 18 shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively. (Amended 33 of 1972 s. 17) 
(4) Neither collusion nor any other conduct on the part of the petitioner which has at any time been a bar to relief in matrimonial proceedings shall constitute a bar to the grant of a decree under this section. (Added 33 of 1972 s. 17) [cf. 1971 c. 44 s. 6(2) U.K.] 
[cf. 1965 c. 72 s. 14 U.K.]

32. (Repealed 39 of 1972 s. 33)* Editorial Note:

* Section 32 repealed but subsection (3) (reproduced below) continues to apply to a case where the death occurred before 1 July 1972 (see section 33(2), First Schedule and Third Schedule of 39 of 1972) 

37. (Repealed 39 of 1972 s. 33)* Editorial Note:

* Section 37 repealed except subsections (4) and (5) (reproduced below) as applied by section 40(2) (see section 33(2) and Third Schedule of 39 of 1972