What is the standard of proof required to establish adultery for a
divorce? Ideally I like to know about Hong Kong Laws ($20 bonus). But
a good compilation of information base on other countries with similar
laws will still be very helpful.
Here is a very relevant article I found
(http://www.hkreform.gov.hk/reports/rdivorce-e.doc)
Adultery may be defined as "consensual sexual intercourse between a
married person and a person of the opposite sex, not the other spouse,
during the subsistence of the marriage."[1] The burden of proof
throughout is on the person alleging adultery, as there is a
presumption of innocence.[2] As divorce proceedings are civil
proceedings the adultery need not be proved beyond reasonable doubt
but by "a preponderance of probability."[3] Where there is no
confession it may be inferred from established facts (for example, the
content of love-letters,[4] a stay in a hotel room with a third
party[5] or a blood test showing the husband could not be father of
the wife's child[6]). Evidence of strong passion or inclination on
the part of the persons concerned, combined with evidence of
opportunity, affords strong prima facie evidence of adultery.[7] Only
one act of adultery is needed for the purposes of the provision.[8]
[1] Rayden, op cit n 28, at 228. However in Hong Kong
we must also note the "customary marriage" exception to this contained
in MCO, s 2.
[2] Rayden, op cit n 28, at 232.
[3] Ibid, at 233.
[4] Wong Chan Ying Hon v Wong Chik Wai, SC, Div Jur,
Action No 236 of 1971.
[5] Blum v Blum (1963) 107 Sol Jo 512 (CA).
[6] F v F [1968] P 506.
[7] Rayden, op cit n 28, at 235.
[8] See Pegg, op cit n 44, at 73-74. |