Views are being sought on proposals to reform the law determining a person's domicile put forth by the Law Reform Commission's Domicile Sub-committee.

Sub-committee Chairperson Audrey Eu says the recommendations will improve the complex and confusing area of common law.

A person's domicile connects him with a system of law for the purposes of determining a range of matters, principally related to his status or property.

The concept of domicile is of significance in our legal system and private international law. Despite the importance of the concept of domicile, the rules for determining a person's domicile have repeatedly been criticised for being unnecessarily complicated and technical, and sometimes leading to absurd results. 

Various law-reform bodies in the common law world have recommended amending the rules for determining domicile. In Australia, Canada, Ireland, New Zealand and South Africa, those recommendations have been implemented by legislation, which amends the rules for determining domicile. 

Ms Eu said the recommendations aim to simplify the concept of domicile and make it easier to determine a person's domicile.

Recommendations may affect married women

"In practical terms, the sub-committee does not think that its recommendations would result in changes to the domicile of many people, with the exception of married women, whose domicile will no longer depend on that of their husbands," Ms Eu said. 

"Another major change relates to the domicile of children. The sub-committee recommends abolishing the existing differentiation between legitimate and illegitimate children, and the concepts of domicile of origin and domicile of dependency, which have created many anomalies. This is a technical area of the law which the sub-committee believes will be clarified and simplified by its recommendations."

The sub-committee welcomes comments and suggestions on any issues discussed in the consultation paper.

Copies of the consultation paper are available at the commission's website. All views should reach the commission by post or email, to hklrc@hkreform.gov.hk, by May 31.