4. Domicile of children
(1) A child is domiciled in the country or territory with which he is for the time being most closely connected.
(2) Where the child’s parents are domiciled in the same country or territory and the child has his home with either or both of them, it shall be presumed, unless the contrary is proved, that the child is most closely connected with that country or territory.
(3) Where the child’s parents are not domiciled in the same country or territory and the child has his home with one of them, but not with the other, it shall be presumed, unless the contrary is proved, that the child is most closely connected with the country or territory in which the parent with whom he has his home is domiciled.
5. Domicile of adults
(1) On becoming an adult, an individual retains (subject to subsection (2)) the domicile that he had immediately before he becomes an adult.
(2) Subject to sections 6, 7 and 8, an adult acquires a new domicile in a country or territory if—
- (a) he is present there; and
- (b) he intends to make a home there for an indefinite period.
6. Acquiring a domicile in Hong Kong
(1) An adult does not acquire a domicile in Hong Kong under section 5(2) unless he is lawfully present in Hong Kong.
(2) An adult’s presence in Hong Kong shall be presumed to be lawful unless the contrary is proved.
(3) In exceptional circumstances where it is proved that strict adherence to subsection (1) would result in injustice, an adult may despite subsection (1) acquire a domicile in Hong Kong even though his presence in Hong Kong is unlawful.
7. Acquiring a domicile in another country or territory
In determining for the purposes of section 5(2) whether an adult has acquired a domicile in a country or territory other than Hong Kong—
- (a) account shall be taken of whether his presence in that country or territory is lawful by the law of that country or territory; but
- (b) even if his presence in that country or territory is unlawful by the law of that country or territory, that fact does not preclude a determination that he has acquired a domicile in that country or territory.
