THE UNIVERSITY OF HONG KONG

FACULTY OF LAW
BACHELOR OF LAWS EXAMINATION 2013/2014
Principles of Family Law
(LLAW3043) (LLAW6164)(JDOC6164)
Take Home Examination
Instructions:
1. This examination is a take home examination. It is available on 25 April.
There are 2 pages in total.
2. You are required to submit your typed answer to Moodle before 17:00 p.m. 15
MAY 2014.
3. There are Six questions. Students are required to answer Three questions.
Each question (and parts of a question) carries the same weight.
4. The word limit for each answer is 1,500 words. State your word count at the
END of each answer.
5. Late submission, exceeding the word limit and plagiarism will be penalized.
Question 1 (This question is compulsory and must be answered)
S40 of the Marriage Ordinance (MO) provides that marriage is the voluntary union
for life of one man and one woman to the exclusion of all others.
(i) Examine the different areas of family law, and critically assess to what extent this
legal definition reflects todays understanding of marriage in Hong Kong.
(ii) Consider what amendments you would suggest to bring this definition more up-todate and consistent with current societal values, for instance, what about the definition
that marriage is a union of two persons.
Question 2 (This question is compulsory and must be answered)
In LKW v DD [2010] 6 HKC 528 the Court of Final Appeal embraced the principles
of fairness, non-discrimination of gender roles, yardstick of equal divisions and
compensation.
(i) Critically assess these principles and their relationship with one another.
(ii) Consider to what extent the application of these principles in LKW v DD [2010] 6
HKC 528 itself, and in WLK v TMC (2010) 13 HKCFAR 618, promote in your
view, a fairer outcome than the approach in C v C [1990] 2 HKLR 183.

Answer ONE of the questions below

Question 3
The prohibited degrees reflect not just genetic concerns but also deep-seated social
taboos.
Discuss the current Hong Kong law governing the prohibited degrees of
consanguinity and affinity, and whether it strikes a reasonable balance between
preserving family integrity and an individuals freedom to marry and to found a
family.
Question 4
The legal challenges arising from the Court of Final Appeals decision in W v
Registrar of Marriages [2010] 6 HKC 359 are legend.
(i) Critically assess the Marriage (Amendment) Bill 2014 as a legislative response.
(ii) Consider how best other legal challenges (apart from marriage) raised in the Court
of Final Appeals judgment be tackled by legislative means.
Question 5
In Re H (paternity) (blood test) [1997] Fam. 89 the Court of Appeal held that a child
had a right to know his biological father unless his welfare justified a cover-up.
(i) Discuss how this right to know may conflict with adults desire to cover up a
childs biological parentage for various reasons, such as family stability and privacy.
(ii) How in your view should these conflicting interests be weighted when the court
exercises its discretion under s13 of the Parent and Child Ordinance.
Question 6
In PD v KWW [2010] 4 HKLRD 191 Hartman JA suggested that a parent having sole
custody had the authority to make the final decision, but only after consulting the noncustodial parent who had no power of veto.
(i) Critically analyze if this statement represents a departure from the traditional
understanding of the effect of a sole custody order. Explain in light of this statement,
what, if any, is the difference between a sole custody order and a joint custody order.
(ii) Consider to what extent recommendations of the Hong Kong Law Reform
Commission Report on Custody and Access represent an improvement of the law
governing parent-child relationship.
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