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192 PDFTitle:MATRIMONIAL PROCEEDINGS AND PROPERTY ORDINANCEGazette Number:L.N. 175 of 2010
Section:29AFHeading:Duty of court to consider whether Hong Kong is appropriate venue for applicationVersion Date:01/03/2011


(1) Before making an order for financial relief, the court must consider whether in all the circumstances of the case it would be appropriate for the order to be made by a court in Hong Kong, and if the court is not satisfied that it would be appropriate, the court must dismiss the application.
(2) The court must in particular have regard to the following matters¡X

        (a) the connection that the parties to the marriage have with Hong Kong;
        (b) the connection that those parties have with the place where the marriage was dissolved or annulled or where they were legally separated;
        (c) the connection that those parties have with any other place outside Hong Kong;
        (d) any financial benefit that the applicant or a child of the family has received, or is likely to receive, in consequence of the divorce, annulment or legal separation, by virtue of any agreement or the operation of the law of a place outside Hong Kong;
        (e) if an order has been made by a competent authority outside Hong Kong requiring the other party to the marriage to make any payment or transfer any property to, or for the benefit of, the applicant or a child of the family¡X
          (i) the financial relief given by the order; and
          (ii) the extent to which the order has been complied with or is likely to be complied with;
        (f) any right that the applicant has, or has had, to apply for financial relief from the other party to the marriage under the law of any place outside Hong Kong and, if the applicant has not exercised that right, the reason for that;
        (g) the availability of any property in Hong Kong in respect of which an order for financial relief in favour of the applicant may be made;
        (h) the extent to which any order for financial relief is likely to be enforceable;
        (i) the length of time that has elapsed since the date of the divorce, annulment or legal separation.