### Matrimonial Causes Rules 《婚姻訴訟規則》

127. Saving
The rules in force immediately before the commencement# of the Matrimonial Causes (Amendment) Rules 1972 (L.N. 135 of 1972) shall continue to apply to such extent as may be necessary for giving effect to the savings and transitional provisions in the Ordinance and in the Matrimonial Proceedings and Property Ordinance (Cap. 192). 
(L.N. 135 of 1972) Editorial Note:

# Commencement date: 7 July 1972. 

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

1. Short title
This Ordinance may be cited as the Matrimonial Causes Ordinance.

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

3. Jurisdiction in divorce
The court shall have jurisdiction in proceedings for divorce under this Ordinance if—
(a) either of the parties to the marriage was domiciled in Hong Kong at the date of the petition or application; (Replaced 29 of 1995 s. 3) 
(b) either of the parties to the marriage was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition or application; or (Replaced 29 of 1995 s. 3) 
(c) either of the parties to the marriage had a substantial connexion with Hong Kong at the date of the petition or application. (Added 68 of 1970 s. 26. Amended 29 of 1995 s. 3)

4. Jurisdiction in nullity
The court shall have jurisdiction in proceedings for nullity under this Ordinance if—
(a) either of the parties to the marriage was domiciled in or had a substantial connexion with Hong Kong at the date of the petition; (Amended 68 of 1970 s. 26) 
(b) either of the parties to the marriage was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition; (Replaced 29 of 1995 s. 4) 
(c) both parties to the marriage were resident in Hong Kong at the date of the petition; 
(d) the respondent in the proceedings was resident in Hong Kong at the date of the petition; or 
(e) the marriage was celebrated in Hong Kong.

5. Jurisdiction in judicial separation
The court shall have jurisdiction in proceedings for judicial separation under this Ordinance if—
(a) either of the parties to the marriage was domiciled in Hong Kong at the date of the petition; (Replaced 29 of 1995 s. 5) 
(b) both parties to the marriage were resident in Hong Kong at the date of the petition; or (Amended 21 of 2020 s. 117)
(c) (Repealed 29 of 1995 s. 5) (d) either of the parties to the marriage had a substantial connexion with Hong Kong at the date of the petition. (Added 68 of 1970 s. 26)

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

6. Jurisdiction in presumption of death
(1) The court shall have jurisdiction in proceedings for presumption of death and dissolution of marriage under this Ordinance if—
(a) the petitioner was domiciled in or had a substantial connexion with Hong Kong at the date of the petition; or (Amended 68 of 1970 s. 26) [cf. 1965 c. 72 s. 14(2) U.K.]
(b) the petitioner was habitually resident in Hong Kong throughout the period of 3 years immediately preceding the date of the petition. (Replaced 29 of 1995 s. 6. Amended E.R. 4 of 2018) 
(2) (Repealed 29 of 1995 s. 6)

7A. Effect of dissolution under Marriage Reform Ordinance
(1) Subject to subsection (2), the dissolution in accordance with Part V of the Marriage Reform Ordinance (Cap. 178) of a modern marriage validated by section 8 of the Marriage Reform Ordinance (Cap. 178) and subsisting on the day appointed under section 3 of that Ordinance or a customary marriage subsisting on the day appointed under section 3 of that Ordinance shall, for the purposes of Part VI and Part VII, be deemed to be a final decree of divorce granted by the court, and accordingly, the court shall have the same jurisdiction and powers in respect of ancillary relief and the protection of children as it would have had under Parts VI and VII if the court had pronounced a final decree of divorce. (Amended 63 of 1979 s. 3) 
(2) Where the parties to a marriage which is dissolved in accordance with Part V of the Marriage Reform Ordinance (Cap. 178) have agreed as to the amount of maintenance to be payable by one of the parties to the other after the dissolution of the marriage and have recorded the terms of that agreement as part of the agreement or memorandum dissolving the marriage, subsection (1) shall not have effect to confer jurisdiction at any time on any court in respect of maintenance for either of the parties to the former marriage. (Replaced 63 of 1979 s. 3) 
(Added 68 of 1970 s. 26)

8. Law of Hong Kong applicable
In any proceedings in which the court has jurisdiction under this Ordinance, the issues shall be determined in accordance with the law which would be applicable thereto if both parties were domiciled in Hong Kong at the time of the proceedings. 
[cf. 1965 c. 72 ss. 14(5) & 40(2) U.K.]