(The article is taken from the HK Magazine of 11 January 2008 with minor adjustments, for reference only)
A 45-year-old Hong Kong man has recently been ordered by a Shenzhen court to pay HK$1,500,000 as compensation to his legal wife after he was found guilty of living with a concubine. He is also facing a jail sentence of up to two years. In the Mainland China, it is illegal for a married man to live with “another woman”. Pundits worry that this case may trigger more Hong Kong wives to report their husbands to the Mainland Chinese police.
Comments: By the Chinese Civil Procedural Law(Article 63), litigation evidence shall be classified as 7 kinds as follows: (1)documentary evidence; (2)material evidence; (3)audio-visual reference material;(4)testimony of witness; (5)statements of the parties; (6)expert conclusions; and (7)records of inquests. Any of the above-mentioned evidence must be questioned, cross-examined and verified before it can ultimately be accepted as a basis for ascertaining a fact.
In this particular case, the legal wife has successfully obtained all or some of the aforesaid evidences, convincing the court to order that the husband is illegally “living” with another woman like husband and wife, having broke the Chinese Marriage Law of one-husband-one-wife compulsory provision.
To gather favorable evidences in such cases, private detectives are sometimes hired by legal wife, apart from obtaining evidences on their own. This is true of the other commercial disputes cases. In order to win a civil litigation case for the favorable judgment at the Chinese court, the plaintiff has to consider before filing a case not only statute of limitations, but also the aforesaid 7 kinds of evidences, managing to gather evidences as many as possible.
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