A Comment On The Application Of Hong Kong Public Policy In Recognition And Enforcement Of Mainland Divorce Judgment

With the increasingly close contacts between Hong Kong and the Mainland, whether economic or trade-related aspects of marriage and family, the recognition and enforcement between the two areas is also increasing. Although Civil and Commercial Judgments Recognition Arrangement had been made between the Mainland and Hong Kong,and we have made great progress in terms of judicial assistance, but the problem of recognition and enforcement of judgments of divorce remains a major difficulty.The author focus on the Hong Kong public policy considerations.A typical case of recognizing and enforcing the Mainland`s divorce judgment in Hong Kong---ML v YJ as a breakthrough point and clue.The author analyze the case according to Hong Kong court`s different understanding and application on public policy.Exploring when Hong Kong quoted public policy how to considerate and what applicable standards it is,and reflect on the mainland on the public order for the difference with Hong Kong. The author combines the development trend of the international community to limit public order applicable, draw lessons from the Hong Kong public policy considerations and the applicable standards, trying to apply to put forward some Suggestions on the mainland public order and to seek the mainland and Hong Kong on public order for coordination.This article is divided into four parts, mainly including:The first part introduces the case and the Shenzhen intermediate people's court and the Hong Kong courts different decision, and then summarizes the case dispute focus: whether to refuse to recognize the Shenzhen court divorce judgment with public policy.The second part focuses on ML v. YJ divorce case involves the application of law to specific interpretation, to further explore the "public policy" in the matrimonial proceedings ordinance and marriage legal proceedings and property ordinance of Hong Kong and Hong Kong courts how to trial the provisions and make a decision.The third part elaborates on the public policy considerations in the case.This part mainly divide intofour aspects.One is the Hong Kong legislative regulations on public policy.From the law of Hong Kong origin and concrete rules of the legal documents of public policy and Reflected in public policy in Hong Kong legislation to elaborate on the regulation of public policy in Hong Kong.The second is the meaning of public policy when recognize and enforce mainland`s divorce judgment in Hong Kong.Three is specific considerations of Hong Kong court in the public policy applicable.Whether violate Hong Kong courts judgment, and fundamentally contrary to the Hong Kong fair justice and international comity and the motivation of the parties and the consequences of accepting or rejecting, those are specific factors to explore the discretion of public policy.Four is going back to the case,analyzing the different understanding and applicable public policy of Hong Kong courts.The fourth part mainly triggered by the case of some thinking.Including reflection on specific judicial practice and applicable in the public order in mainland according to Hong Kong public policy considerations and the suitable. Whether the mainland can draw lessons from public policy applicable of Hong Kong.The author seek coordination on the public policy applicable to the mainland and Hong Kong,to improve the mainland public order applicable and make a little contribution to the public policy coordination in both places.