(3) In determining for the purposes of section 8 the country or territory with which an adult lacking the capacity to form the intention necessary for acquiring a domicile is for the time being most closely connected, account shall be taken of any intention that he might have, immediately before losing that capacity and as an adult, as to the country or territory in which to make a home for an indefinite period.
(4) Any matter taken into account under subsection (1), (2) or (3) may be given such weight as is appropriate in all the circumstances of the case.
12. Standard of proof
Any fact that needs to be proved for the purposes of this Ordinance shall be proved on a balance of probabilities.
13. Domicile before commencement date
The domicile that an individual had at a time before the commencement date of this Ordinance shall be determined as if this Ordinance had not been enacted.
14. Domicile on or after commencement date
(1) The domicile that an individual has at a time on or after the commencement date of this Ordinance shall be determined as if this Ordinance (other than section 13) had always been in force.
(2) For the purposes of a determination under subsection (1), this Ordinance (other than section 13) applies in place of—
- (a) the rules of common law for determining the domicile of an individual to the extent that those rules are inconsistent with this Ordinance (other than section 13); and
- (b) section 11C(2) of the Matrimonial Causes Ordinance (Cap. 179),
which section is repealed by this Ordinance.
(3) For the purposes of subsection (2)(a), the rules of common law for determining the domicile of an individual include (without limitation)—
- (a) the rule that a domicile of origin is given to every individual at birth by operation of law;
- (b) the rule that a child has a domicile of dependency;
- (c) the rule that a married woman has at all times the domicile of her husband;
- (d) the rule on the acquisition of the domicile of choice based on residence and intention of permanent residence;
- (e) the rule on the revival of the domicile of origin;
