Mainland Judgments in Matrimonial and Family Cases (Reciprocal Recognition and Enforcement) Ordinance
Division 2—Setting Aside Recognition Orders
31. Court to specify time limit for setting aside recognition orders
(1) The District Court must, when making an order under section 30(1) for the recognition of a Mainland divorce certificate, specify the period within which an application for setting aside the order may be made.
(2) The District Court may extend the period (either as originally specified or as subsequently extended) within which an application mentioned in subsection (1) may be made.
32. Applications for setting aside recognition orders
If an order is made under section 30(1) for the recognition of a Mainland divorce certificate, a party to the divorce specified in the certificate (other than the party who applied for the recognition) may, within the period specified under section 31(1) (or as extended under section 31(2)), apply to the District Court to set aside the order.
33. Grounds on which recognition orders must be set aside
The District Court must, on an application made under section 32 for setting aside an order for the recognition of a Mainland divorce certificate, set aside the order if it is satisfied that—
- (a) the certificate was obtained by fraud;
- (b) the certificate is invalid; or
- (c) the recognition is manifestly contrary to the public policy of Hong Kong.
