First, the jurisdiction of the divorce case
(a) the mainland on hong kong-related divorce case jurisdiction rules
In the mainland, the hong kong-related divorce case jurisdiction, is in accordance with the provisions of the jurisdiction over foreign-related divorce cases to determine.About legislative jurisdiction over foreign-related divorce cases include: 1991 "civil procedural law" article 22, article 23, and the supreme people's court on the applicable < the civil procedure law of the People's Republic of China > views on some issues of (hereinafter referred to as "opinions") article 13 and article 14, article 15 and article 16.In addition, the supreme people's court on April 14, 1984, (84) no. 3 people word "on the original registration after getting married, they both live in the mainland, Hong Kong, the mainland of the people's court may accept their divorce" (hereinafter referred to as the "reply") to a divorce case jurisdiction of the hong kong-related supplementary provisions.
1, according to the stipulations of article 22 of the civil procedure law, the court when accepts the foreign-related divorce cases, take the principle of the defendant, the plaintiff has domicile or residence in China as long as the defendant, the court has the jurisdiction over the case.
2, the law the provisions of article 23 for the defendant is not in the territory of China live in foreign-related divorce cases, if the plaintiff in the territory of our country, dwelling or temporary residence of the plaintiff has his domicile or where the courts have jurisdiction over the case.These two provisions also apply to the hong kong-related divorce case jurisdiction determination.
3, in addition, in the supreme people's court on April 14, 1984, (84) no. 3 people word "on the original registration after getting married, they both live in the mainland, Hong Kong, the mainland people's court may accept the approval of their divorce explicitly pointed out that, in the" Hong Kong and Macao compatriots... married, registered in the mainland in Hong Kong and Macao in divorce proceedings if it is truly difficult, we still should be solved. Therefore, for both sides of husband and wife living in Hong Kong and Macao compatriots, the original marriage registration in China mainland, divorce happen now, if they request to mainland people's court, the mainland that or the domicile of the people's court may accept the original marriage."
In conclusion, the hong kong-related mainland court divorce case to exercise jurisdiction basis include: (1) sued the defendant has his domicile or where the place to live in the mainland;(2) sued the plaintiff has his domicile or where to live in the mainland;(3) the marriage in the mainland.
(2) the jurisdiction of the Hong Kong to wade in divorce cases
1, the accused appeared in Hong Kong (presence of the defendant in HK);
2, agreement jurisdiction (submission);If the plaintiff and the defendant to choose agreed to the jurisdiction of the courts of Hong Kong, or without the express agreement, but the defendant to appear in court on a voluntary basis, and to appear in court is not merely to mention the jurisdiction of the court and the court that has jurisdiction in Hong Kong.But agreement jurisdiction over only applies to people, in the divorce, marriage is invalid, apply for foreign land property right is a controversial disputes shall not be applicable.3, the long arm jurisdiction (extended jurisdiction), if the plaintiff can proof that comply with the Hong Kong's High Court ordinance (Rule of High Court) the conditions stipulated in the Order of 11, a Hong Kong Court can implement extraterritorial jurisdiction for the defendant outside Hong Kong.
However, even if the court met the requirements of the exercise of jurisdiction in Hong Kong, whether also tend to exercise the jurisdiction depends on the use of inconvenient court principle or not.Is generally applied inconvenient court principle must be evidence to prove that the defendant.The defendant to convince a Hong Kong court, by another court that has jurisdiction over the trial of the case to the interests of various parties involved in maintenance and the realization of the ultimate justice more appropriate.
In addition, to the problem of divorce case shall be under the jurisdiction of the Hong Kong marriage litigation ordinance also made a special provision.According to the provisions of article 3 of the regulations on the matrimonial proceedings for divorce, when one of the following circumstances, the Hong Kong district court has jurisdiction: (1) from the date of receipt of the application for divorce, marriage, both sides settled in Hong Kong;(2) the woman's divorce, from the date of receipt of the application for divorce, she must be settled in Hong Kong, and for three years before the day often live in Hong Kong;Or the woman must be in accordance with the law belongs to the abandoned by her husband or her husband or deportation, and her husband in front of the abandoned wives or be deported, settled in Hong Kong.(3) from the date of receipt of the application for divorce, any party of a marriage is there is a real relationship with Hong Kong people.
Can be seen from the above provisions, the emergence of the defendant in Hong Kong, domicile or habitual residence in Hong Kong when the divorce, marriage, both sides any one party having actual connection with Hong Kong and so on, all can form the basis of a Hong Kong court to exercise jurisdiction.At the same time, in determining the involved in a divorce case jurisdiction, at the discretion of the judge has certain.