HONG KONG DIVORCE RULES

HONG KONG DIVORCE RULES

DIVORCE.

HONG KONG DIVORCE RULES.

(Cap. 179, section 48).
(Ordinance No. 35 of 1932).

[1st November, 1933.]

Petition. Nolice to Appewr.

1 . Proceedings tinder the Divorce Ordinance shall be
commenced by filing a petition.

(i) In the body of the petition shall be stated-
(a)the place and date of the marriage and the name and
status of the wife before marriage ;
(1))the principal permanent addresses where the parties
have cohabited within the jurisdiction ;
(c)whether there is living issue of the marriage, and if
so, the names, and dates of birth or ages, of such
issue;
(d)the occupation of the husband and the place or
places of residence and of domicile of the parties to
the marriage at the date of the institution of the
suit ;
(e)wh ether there have been in any court within or
without the Colony any, and if so what, previous
proceedings with reference to the marriage by or on
behalf of either of the parties to the marriage, and
the result of such proceedings;
the matrimonial offences charged, if any, set out
in separate paragraphs;
(g) the claim for damages, if any.

(2) The petition shall conclude with a prayer settiner
out particulars of the relief claimed, including the amount of
any clairn for darnages and any order for the custody of
children which is sought, and shall (save as is otherwise
provided by these rules) be signed by the petitioner.

2. The petition and every copy to be served sliall be
endorsed in conspicuous characters with a notice to appear
in Form 1 in the First Schedule.





3. (1) Every petition shall be accompanied by an
affidavit niade by the petitioner, or by such other persons as
is in these rules provided, verifying the facts of which lie
or she has personal cognizance, and deposing as to belief
in the truth of the other facts alleged in the petition, and
such affidavit sliall be filed with the petition. A petition
for restitution of conjugal rights shall further show that
a written demand for cohabitation and restitution of con-
jugal rights has been made by the petitioner upon the party
to be served, and that, after a reasonable opportunity for
compliance therewith, such cohabitation and restitution of
conjugal.riglits ha-ve been withheld.
(2) In cases where the petitioner is seeking a decree of
dissolution of niarriage or of nullity of ol-, of
judicial separation, the affidavit of the petitioner or of such
other person as is in these rules provided, filed with the
petition, sliall further state that no collusion or connivance
exists between the petitioner and tile other party to the
marriage or alleged marriage.

4. In every petition for dissolution of marriage on the
ground of adultery the alleged adulterers, if male, shall be
made co-respondents in the cause and served with a scaled
,copy of the petition, unless a judge shall otherwise so direct
by order on surni-nons supported by affidavits.

5. The term 'respondent' in these rules shall include
'i co 1
So f.[,- as tile Saille is applicable'.

ServIiCe.

6.A petitioner who has liled a petition shall forth
,,\,ith obtain in the Registry a sealed copy of the petition,
endorsed with notice to for Service upon Cach
respondent.

7. A petition shall be served personally by delivers,
of such seah-d copy as aforesaid. It niny riot be scived
by the petiiioiiei-.

8. Sei-vice of any document on a party who has not
entered an appearance must be personal service unless other-
wise ordered.





9. Where personal service cannot be effected, leave to
substitute some other mode of service may be granted upon
an application to a judge supported by, affidavit of the person
having conduct of the proceedings.

10. AnY petition or decrec may be served (1,
\villiout Ole. Colony.

11. After service lias been (_-ol)v ()1' Ille
as served with a certificate of serv*ce endorsed thereon shall
be returned into and filed in the Registr ' v. Such certificate
shall be in Form 2 in the First Schedule.

12. When it is ordered that notice to appear to a
petition shall be advertised, the form of advertisement shall
be settled by the Registrar and the newspapers containing
the advertisements shall be filed with a sealed copy of the
petition.

13. A petitioner cannot proceed to trial unless in
.1ppearance has been entered by or on behalf of the
respondents or it has been shown by affidavit filed in the
Registry that they have been duly served with the petition
and by certificate of the Registrar filed in the Registry that
they have not appeared.

14. An affidavit of service of a petition shall bc sub-
stantially in Form 3 in the First Schedule and in addition
shall show the means of knowledge of the deponent as to
the identity of the person served. A col) ' v of the PetAtiOn
referred to in the affidavit rnust be annexed thereto and
marked by the person before whom the same is sworn.

Appearance.

15. All appearances are to be entered in the Registry
in a book provided for that purpose, and shall be accom-
panied by an address for service within three miles of the
Registry of the Supreme Court at the Courts of justice,
Victoria. Notice of such appearance must be given to the
opposite party.





16. (1) An appearance may be entered at any tinie.
before a proceeding has been taken in default, or aft~rwards
by leave of a 'udo-c obtained on sunii-nons.
J S

(2) The appearance may be under protest Or
to an), proceeding in the cause in respect of which the party
shall have received notice to appear : Provided fli,,~t <nily
appearance under protest shall state concisely the jounds
of protest, and provided further that tile part), entering an
appearance under protest shall within fourteen days proceed
by summons to obtain directions as. to the determination of
.ny question arising by reason of such appearance and in
default of so proceeding shall be deerned to have entered an
unconditional appearance. Directions to be given upon
such summons as aforesaid may provide for the trial of a
preliminary issue with or without stay of proceedings in
the cause or for determination of the matters in question
at the hearing of the cause.

Interveners.

17. Where a husband is charged with adultery with a
named person, a sealed copy of the pleading containing such
char-
gc shall be delivered to the person with whom adultery
is alleged to have been committed, endorsed, in lieu of
notice to appear, with notice that stich person is rntitled
within eight days after delivery thereof to apply for leave to
intervene in the cause. Such delivery and notice may only
be dispensed with by order upon summons or cause shown.
Such notice shall be in Forn' 4 in the First Schedule.

18. Application for leave to intervene in any cause sliall
be made by summons supported by affidavit, and leave may
be given with such directions as to appearance and proce-
dure as a judge. sliall think fit.

19. Parties interveninol must join in the proceedings at
~t,
the stage at which they find them unless otherwise ordered
by a Judge.

Proceedings for Reslitution.

20. At any tirne after the commencement of proceedings
for restitution of coiij'tiga~ rights the respondent inay





apply to he coun by summons for an order to stay the
proceedings by reason Owt he or shte 1 Alling to r'ule or
to return to cohabitation with the, petitioner.

and

21. A respondent who has enured an app wnuwc nwy
within fourteen days thereafter file in the Registry an
answer to die petition in the appropriate foini.

22. (1) Every answer which contains matter other than
a simple denial ot' the facts stated in the 1)(~iiiioii sli~l!] i),,t
accompanied by an affdavit made by the reMxindent, verify-
ing such other matter so far as the depondent haspersonal
cognizance thereof and ~ting the cleponent's belief in the
truth of the rest of such other matter, and where the n,s-
ponde. 1 husband or wife of the petitionei. shall further
state, except wlicc the chki in question is for restilution
of conjugal righe dmt thwc is not any c&Wshn or con-
nivance between the parties; and sucli aRidavit shall be
filed with the answer.

(2) Where the answer of a husband aileges
and prays relief, the alleged adukerer must be served
personally with a sealed copy thereof bearing a notice c)
appear in like manner as a pKition. Whem On such a case
no relief is claimed, the alleged aduhemr shall not be made
a co-respondent but a sealed copy of the answer shall be
dllewd to hirn endowed with notice as under i-Li!u 17 that
such person is enthled within eight days to apWy for We
to intervene in the cmee and upon such application lie may
be allowed to Subject to SUCh directions as shall
hen be given.

23. Within fourteen clays from the filing and deliver - v
of the answer the petitioner may file, a reply thereto, cxcci-)C
where SUCh answer is a simple denial, and no subsequent
pleadings shall be delivered except by Mve of a Idge 0)
be obtained upon summons.

24. A copy of every answer and subsequent pleading
shall within four days after the same is filed be delivered to
the opposite parties or their solicitors.





25. A pleading may, be arnended by leave of a judge to
be obtained upon surnnions subject to any directions which
may then be given as to further ;ervice of the amended
pleading andas to any consequential amendments of pleading
already filed..

26. No pleading. sliall be aniended out of tinic without
leave nor shall any, pleading I-),- filed out of time after a seep
in default has been taken without leave of a judge to bc
obtained tipon sullinions.

27. Application for f ii rt Ii er particulars of matters
pleaded may be made to a judge by, summons, 6t ' before.
applying by summons, a party may apply, for them to the
other party by letter. 'File costs of such letter and of any
parliculars delivered pursuant thereto shall be allowable on
taxation ~nnd in dealing with the costs of anyll application for
particulars by summons the provisions of this rule shall be
taken into consideration.

All particulars, whether given under order ot. otherwise,
shall be filed by the party delivering thein together with a
verifying affidavit and within four days thereafter a copy
thereof sliall be delivered to the party who has applied for
such particulars or to the solicitor of such party.

Service of Pleadings, etc.

28. Notices and copies of pleadings and other insti-u-
Illents Milch are required b ' v, these rules to be delivered but of
which personal service is riot expressly required may be
delivered by leaving the same a ' t the respective addresses
furnished by or on behalf of the parties.

Every notice shall be in writing and endorsed by the
party or his solicitor.

29. When it is necessary to serve personally any order
or decree of the court an office copy thereof under seal of the
court niust be produced to the party served and a copy, so
sealed annexed to the affidavit of service and marked as an
exhibit by [lie person before whom the same is sworn.





Trial or Hearing.

30. Every petition under the Ordinance shall be licard
by a. single judge sitting without a jury,

31. After the expiration of the time limited for filing
an answer, or, if a reply be filed and subsequent pleadings
be allowed to be delivered, after the expiration of the tirne
limited for filing the last of such subsequent pleadings the
petitioner may apply to the court by summons for an order
that the cause be set down for trial or hearing.
If the petitioner fail to apply to the court for such order
within fourteen days of the time when he could first have
made such application, any party defending the suit may
proceed as the pelitioner might have done.
The party obtaining an order that a cause he set down
for trial or.hearing shall deliver a copy of such order to the
petitioner or to each party in the cause for whom an appear-
ance has been entered, as the case may be.

32. No cause shall be placed in the list for trial or hear-
ing until after the expiration of ten days from the date of
setting down save with the consent of all parties to the suit
or by order of a judge.

33. The Registrar shall draw and sign the decree of the
court and the sarrie shall be issued under the seal of the
court.

34. After entering an appearance a respondent in a
cause may without filing an answer be heard in respect of
any question as to costs and a respondent who is husband
or wife of the petitioner may be heard also as to custody
of or access to children.

Discoi.,e7y.

35. (1) In any cause or matter a party . may deliver
interrogatories for the examination of an opposite party or
parties by a leave of a judge. to be obtained upon summons.

(2) A copy of the interrogatories proposed to be
delivered shall be delivered with the summons.





(3) Interrogatories shall be answered within ten days
or such oilier time as may be appointed.

(4) A party may without affidavit apply for discovery of
documents by an opposite party or parties and such opposite
party or parties may be ordered to make such general or
limited discovery as in the discretion of the judge shall
seem fit.

Evidence Taken by Affidavit.

36. When a judge has directed that all or any of the
facts set forth in a pleading may be proved by affidavit, all
affidavits sworn in pursuance of such direction shall be filed
in the Registry and copies thereof delivered to the other
parties to the suit within such time as the judge shall direct.

37. Application for an order for the attendance of a
depondent for the purpose of being cross-exaniined whether
in open court or otherwise shall be made to a judge on
summons.

Examination of Witnesses before Trial or Hearing.

38. (1) Any necessary application for an order for
examination before the trial or hearing of one of the parties
or of a witness who is within the jurisdiction of the court
shall be made to a judge by summons.

(2) Such examination shall be vlvd voce, unless oilier-
wise directed, before a person to be nominated. by the judge.

(3) The oilier parties in the suit shall have four clear
days' notice of the time and place appointed for the examina-
tion unless the judge shall otherwise direct.

39. (1) Application for a commission or for letters of
request, or for the appointment of a special examiner to
examine a party or a witness, who is outside the jurisdiction
of the court, may be made to a judge by summons and the
procedure with regard thereto shall conform as nearly as
may be to the provisions of the Code of Civil Procedure for
the time being in force in like cases. A commission shall
be in Form 5 in the First Schedule.





(2) A wife may apply to a judge for an order as to
security for her costs of such examination at the hearing of
the summons or subsequently by summons.

Trial of Issues.

40. A judge may of his own motion or on application
by summons by the petitioner or by any party to a cause who
has entered -an appearance direct the separate trial of any
issue or issues of fact, or of any question as to the jurisdic-
tion of the court.

Proceedings in Chambers.

41. (1) All applications under these rules which are not
hereby directed to be made to the Registrar may be made
upon summons to a judge.

(2) On the day and at the hour narned in the summons
the party taking out the same shall attend at the court with
the original summons. If any party to the summons does
not appear on the day and at the hour named in the
summons the court may consider and deal with the applica-
tion in a summary way, and make such order as may be
just.

42. A summons may be taken but by. a party or at the
discretion of the Registrar by any other person having or
claiming the right to be heard in the cause or matter.

43. Any appeal from any order or decision of a
Registrar may be made to a Judge by summons issued within
five days of the order or decision complained of and return-
able on the first day on which summonses are heard after
this period has elapsed, but such appeal shall not act as
a stay unless so ordered by a judge.

Petition for Reversal of Decree of Judicial Separation.

44. A petition to the court for the reversal of a decree
of judicial separation must set out the grounds on which
the petitioner relies.

45. Before such a petition can be. filed an appearance
on behalf of the party praying for a reversal of the decree of





judicial separation must be entered in the cause in which
the decree has been pronounced, leave to enter such
appearance being first obtained upon summons.

46. A certified copy of such petition, tinder seal of the
court, shall be served personally, or as the court may direct,
upon the party in the cause in whose favour the decree has
been made, who may within fourteen days file in the Registry
,in answer thereto and shall forthwith deliver a copy of such
answer to the other party in the cause or to the solicitor of
such party.

47. All subsequent pleadings and proceedings arising
from such petition and answer shall be filed and carried on
in the same manner as before directed in respect of an original
petition and answer thereto so far as such directions are
applicable.

Showing Cause against a Decree Nisi.

4.8.(1) (a) When the Attorney General desires to show
cause against making absolute a decree nisi lie shall
enter an appearance in the cause in which such
decree nisi has been pronounced and shall within
fourteen days after entering appearance file his plea
in the Registry setting forth the grounds upon
which lie desires to show cause as aforesaid and
sliall within four days thereafter deliver a copy
thereof to the party in whose favour such decree
has been pronounced, or to the solicitor of such
party.
(b)Where such plea alleges a petitioner's . adultery with
any named woman the Attorney General shall
deliver to each sucli woman personally, or as the
court may direct, a copy of his . plea omitting such
part thereof as contains any allegation in which the
woman so served is not named, and such copy shall
be endorsed with the notice in Form 4 in the First
Schedule, so far as applicable ; such delivery and
notice may only be dispensed with by order of a
judge on summons for cause shown ; proof of such
delivery must, unless the court shall otherwise
direct, be by affidavit to which a copy of the plea,
as delivered, marked as an exhibit, must be annexed;





the 1 means of knowledge of the deponent as to the
identity of the person served inust be shown.
(c)All subsequent pleadings and proceedings in respect
of such plea shall be filed and carried on in the same
manner as is hereinbefore directed in respect of an
original petition except as hereinafter provided.

(2) If no answer to the plea of the Attorney General is
filed within twenty one days after the delivery of such plea,
or if an answer is filed and withdrawn or not proceeded with,
the Attorney General rnay apply forthwith by motion to
rescind the decree nisi and dismiss the petition.

(3) If the charges contained in the plea of the Attorney
General are not denied in the answer thereto, the party in
whose favour the decree nisi has been pronounced sliall within
fourteen days from the expiry of the time limited for filing
of a reply apply to the court by summons for an order that
the cause be set down for trial or hearing and shall forthwith
file and give to the Attorney General notice of his having so
done.

In dpfault of such application for setting down and notice
the Attorney General may apply forthwith by motion to
rescind the decree nisi and dismiss the petition.

49. Any person other than the Attorne ' v General wishing
to show cause against making absolute a decree nist shall
enter an appearance in the cause in which such decree nisi*
has been pronounced, and within four days thereafter file
affidavits setting fort ' Ii the facts upon Wili~li lie relies and
forthwith deliver copies thereof to the party or the solicitor
of the party in whose favour the decree nisi has been
pronounced.

50. The party in the cause in whose favour the decree
nisi has been pronounced may within fourteen days. after
delivery of the affidavits file affidavits in answer, and the
person showing cause against the decree nisi being niade
absolute may within fourteen days file affidavits in reply.

51. No affidavits are to be filed in rejoinder to the
affidavits in reply without leave of a judge.





52. The questions raised on such affidavits shall be
argued in such manner and at such time as a judge*may on
application upon summons direct.

Decree Absolute.

53. Application to make absolute a decree n.isi shall be
made to the court by filing in the Registry a notice in
writing, in Forin 6 in the First SchedUIC to these rules,
setting forth that application is made for such decree
absolute, which will thereupon be pronounced in open court
at a time appointed for that purpose. In support of such
application it must be shown by affidavit filed with the said
notice that search has been made in the proper books at the
Registr ' v up to within six days of the time appointed, and
that at such time no person had intervened or obtained leave
to intervene in the cause, and that no appearance has been
entered nor any alridavit filed on behalf of any person wish-
ing to show cause against the decree nisi being made
absolute; and in case leave to intervene had been obtained,
or appearance entered or affidavits filed on behalf of such
person, it must be sliewn by affidavit what proceedings, if
any, have been taken thereon.

If more than twelve calendar months has elapsed since
the date of the decree nisi an affidavit by the petitioner
giving reasons for the delay must be filed.

Alimony periding suit, Permanent Alimony, Maintevance
and Periodical Payments, Variation of Settlements
and Settlement of Wife's Properly.

54. A. wife who is petitioner in a cause after filing her
petition may file and after serving the same may serve a
petition for alimony pending suit, and a wife after entering
appearance to a petition may file and serve a petition for
alimony pending suit.

55. The husband shall within fourteen days after service
of a petition for alimony file his answer thereto upon oath
setting out his property and income an ' cl, if respondent, shall
before so doing enter an appearance in the cause. Such
appearance may be limited to the alimony proceedings.





56. The wife, if the husband's answer is insufficient,
may apply on summons for a further and better answer or
for discovery of documents or for an order for the husband's
attendance for cross-exam i nation, and such order shall there-
upon be made as in the circumstances of the case may
appear to a judge to be required.

57. If the answer of the husband alleges that the wife
has property or income, she rnay within fourteen days file a
reply on oath to that allegation ; but the husband rnay not
file a rejoinder to such reply without leave of a judge.

58. A wife who has obtained a decree of judicial
separation may apply for an allotment of permanent
alimony. She may proceed with such ij:)ptic,-ition upon the
pleadings already filed on her application for alimony pend-
ing suit on giving eight days' notice te) her husband or his
solicitor of her intention so to do. Otherwise the niles
governing an application for alimony pending suit shall
govern an application for permanent alimolly.

59. Permanent alimony shall, unless otherwise ordered,
commence from the date of the -final decree for judicial
separation.

60. (1) Application for maintenance or periodical pay-
merits on a decree for dissolution or nullity of marriage shall
be made in a separate petition which may be filed at any
time after decree nisi but not later than one calendar month
after decree absolute except by leave to be applied for by
summons to a judge.

(2) Application for periodical payments may be made
in like manner at any, time after non-compliance with a
decree of restitution of conjugal rights.

61. A certified copy of such petition under the seal of
the court shall be served on the husband or wife (as the case
may be) or his or ber solicitor upon the record.

62. A party served with such petition may within four-
teen days after service, after entering an appearance thereto,
file an answer on oath and shall forthwith deliver a copy
of such answer. to the opposite party or his solicitor.





63. If the answer of the husband alleges that the wife
has property of her own, she may within fourteen days file
a 1 reply on oath to that allegation ; but the husband may
riot file a rejoinder to such reply without leave of a judge.

64. A wife may at any time after alimony has been
allotted to her, wlietl'her alimony pending suit or permanent
alimony, file her petition supported by affidavit for an in-
crease of the alimony allotted, by reason of the increased
means of the husband or the reduction of her own means,
or the husband may file a petition supported by affidavit
for a reduction of the alimony allotted, bv reason of his
reduced means or the wife's increased means, and the
course of proceeding in' such cases shall be the same as
required by lhese rules in respect of the original petition
for alimony and the allotment thereof.

65. 'File provisions of the preceeding rule shall be
observed in cases of application for increase or reduction
of payments for maintenance and of periodical payments.

66. Application to vary marriage settlements shall be
made by petition filed after but within one calendar month
of decree absolute unless such time is extended by a
judge on summons personally served on the husband or
wife as the ease may be, the trustees of the settlements,
and such other persons as the Registrar shall direct. Sub-
seqUent. pleadings shall be as in proceedings for mainten-
ance. Appearance must be entered in the principal cause
before an answer is filed.

67. Application for a settlement of property of a wife
by virtue of section 31 of the Divorce Ordinance, shall be
made and proceeded with in the manner prescribed in the
preceding rule.

68. (1) The court may, in its discretion, refer to the
Registrar the investigation of the averments in any
petition, answer, reply or other pleading 'in relation to
ail application for alimony, whether.alimony pending suit
or permanent alimony, maintenance or periodical payments,
variation of settlements or settlement of a wife's property.





(2) Such investigation shall be conducted in the
presence of the parties or their solicitors, and the
Registrar shall be at liberty to require the attendance of
either party for the purpose of being examined or cross-
examined and to take the oral evidence of witnesses, and
to require the production of any document, and to call for
affidavits.

(3) The Registrar may adjourn the proceedings from
tinie to time and from place to place, if he thinks necessary.

(4) Counsel may attend at the hearing of any refer-
ence, but the costs so incurred shall not be allowed on
taxation unless the Registrar certifies that the attendance of
counsel was necessary.

(5) The Registrar may apply summarily to the court
for directions or for the decision of any question of doubt
or difficulty and (lie court may give such direction or niake
such order in the matter as may seem just and reasonable.

(6) When a reference. has been completed, the
Registrar shall draw up a report in writing of the result
and may in such report rnake such recommendation as lie
may think fit.

(7) When the report is ready it shall be.filed by the
Registrar who shall give notice of such filing to the parties
and the petitioner shall forthwith pay the prescribed fee
therefor.

(8) Within fourteen days after SLICII filing any party
may file a notice of motion to vary the report specifying
the items or matter objected to and at the hearing of the
motion the court may remit the matter to the Registrar for
further investigation or report or may make such order,
including a final decree in the,matter of the application, as
may seem fit.

(9) 1 f n ' o notice of motion to vary the report is filed
within fourteen days from the filing of the report, Ifie court
may of its own motion forthwith proceed to consider the
report and may make a final decree in the matter of the
application.

69. Pending the finail determination of an application
for alimony, whether alimony pending suit or permanent





alimony, or for maintenance or periodical payments an in-
terim order may be made upon such terms as shall appear
to a judge to be just and without prejudice to the effect
of the order to be ultimately made.

Custody and Illaintenance of Citildrcii, and Access.

70. (1) When custody of children is claimed in any
petition the father, mother, or guardian, or any person who
has intervened in the suit for the Pui-pose of applying to
be appointed guardian of such children, or who has the
custody or control of such children under an order of the
court, may apply at any time either before or after final
decree to a jitel-e oil summons for any order relating to
the custody maintenance or education of such children or
for directions that pro - per proceedings be taken for placing
such children under the protection of the court.

(2) When custody of children is claimed in any peti-
tion, and a petition for alimony pending suit, permanent
alimony periodical payments, maintenance, settlement or
variation of settlement has been filed and is pending in such
suit, applications for maintenance for children may be made
from time to time to a judge.

(3) Applications as to access to children may be made
to a judge oil summons.

Guardians ad litem.

71. (1) A minor who has attained the age of seven
years may elect a guardian ad litein for the purpose of any
proceeding on his or her behalf.

(2) A guardian for an infant tinder the age of seven
years rilay be assigned by a judge tipon In aplAication
supported by affidavits.

(3) The Clection, tile consent of the guardian to act,
and un affidavit showing fitness and no contrary interest,
must be filed in the Registry before an elected guardian
can be permitted to file a petition or enter an appearance
on behalf of the minor.

(4) 'I'lle petition of a minor shall be signed by such
minor and his guardian, but the affidavit in verification of
such petition shall be made by the minor alone.





72. (1) A committee or other person duly appointed
for a person of unsound mind may prosecute, defend, or
intervene in a suit on behalf of such person or otherwise
represent him; but if there be no such committee or other
person duly appointed application shall be made on
affidavit to the Registrar, who, will assign a guardian to the
person of unsound mind. If the opposite party is already
before the court, the application shall be made to a judge
upon summons.

(2) Where the petitioner is a person of unsound
mind, the committee or other person duly appointed or the
guardian assigned by the court alone shall sign the
petition and make the affidavit in verification thereof.

Attachment and Committal.

73. Application for attachment. or committal shall be
made to a judge by i-notion.

74. Any person attached or committed rnay apply for
his or her discharge by motion.

Enforcement of Orders.
75. (1) In default of payment to any person of any
sum of money at the time appointed by any order of the
court for the payment thereof, payment may be enforced
in manner prescribed for the enforcement of judgments by
the Code of Civil Procedure for- the time being in force.

(2) -A decree or order requiring a person to do an act
thereby ordered shall state the time within which the act
is to be done, and the copy to be served upon the person
required to obey the same shall be endorsed with a
memorandum in the words or to the effect following If
you. the within named (AB) neglect to obey this order by
the time therein llinited, you will be liable to process of
execution for the purpose of compelling you to obey the
same. '
1 Office Copies, Extracts, etc.

76. The Registrar of the Supreme Court shall have
the custody, subject to direction by the Chief justice, of
all pleadings-and other documents brought in or filed and
of orders and decrees made in any matter or suit.





77. Copies or extracts of documents originals of which
ure retained in the Registry will, if required, be examined
with the originals from which the same are copied. Every
copy so required to be examined shall he certified under
the hand of the Registrar to be an examined copy, and the
seal of the court will not be affixed to any copy which is
not so certified.

Times fixed by these r,ttles.

78. (1) The time fixed by these rules for the perf ' orm-
ance of any act may be varied by order of a judge subject
to such qualifications and restrictions and on such terms
as upon the application for variation may be deemed fit.

(2) Where, by these rules, or by any special order, or
by the course of the court, any limited time from or after
any date or event is appointed or allowed for the doing
of any act or the taking of any proceedings, the computa-
tion of such limited time shall not include the day of such
date or of the happening of such event, but shall commence
ut the beginning of the next following day, and the act
or proceeding triust be done or taken at latest on the last
day of such limited time, according to such computation.

(,3). Where the limited time so appointed or allowed
is less than six days, general holidays, as defined by the
Holidays Ordinance shall not be reckoned in the computa-
tion of such time.

(4) Sections 24 to 26 of the Supreme Court Ordinance
shall not apply to any such limited time as in this rule
mentioned.

A
1 Iotio'ns.

79. When it is necessary to give notice of any motion
to be made to the court, such notice shall be served on all
parties who may be affected by the proposed order and
who shall have entered an appearance four clear days pre-
viously to the hearing of such motion, and a copy of the
notice so served shall be filed in the Registry, and the
affidavits to be used in support of the motion and original
documents referred to therein or intended to be used at the
hearing of the motion shall at the same time be left in the





Registry. Copies of such affidavits or documents shall be
delivered upon request to the parties who are entitled to be
heard. upon the motion.

Taxing Bills of Costs.

80. All bills of costs referre d to the Registrar for taxa-
tion shall be taxed in like manner as bills of costs in 1he
Oi-i~iii,tl jurisdiction of the Supreme Court are for the tirlle
being taxed.

81. In Divorce and 'klatrimonial Causes solicitors shall
be entitled to charge and be allowed the same fees as are
provided for similar matters or proceedings in the Original
jurisdiction of the Supreme Court.

82. The provisions of ruIC 2 of the Costs (Increase)
Rules shall be applied on taxation of costs in Divorce and
Matrimonial Causes so long as such rule shall remain in
force.

.83. The fees payable on the taxation of any bill of costs
shall be paid by the party on whose application the bill is
taxed and shall be allowed as part of such bill. If more
than one-sixth of the amount of any bill of costs taxed as
between solicitor and client is disallowed on taxation there-
of, no costs incurred in such taxation shall be allowed and
the party on whose application the bill is taxed shall be at
liberty to deduct the costs incurred,by him in the taxation
from the amount of the bill as taxed, if so much remains
due; otherwise the same shall be paid by the solicitor to the
person on whose application the bill is taxed.

84. Upon the Registrar's certificate as to costs being
signed an order of the court for payment of the amount
within seven days, or such other time as the Registrar shall
direct, may issue.

Wife's Costs.

85. After the expiration of the time limited for filing an
answer, or, if a reply be filed and subsequent pleadings
be allowed to be delivered, after the expiration of the time





limited for filing the last of such subsequent pleadings, or
at an earlier stage of a cause by order of a judge to be
obtained on summons, a wife who is petitioner or has filed
an answer may file her bill or bills of costs for taxation as
against her husband, and the Registrar shall ascertain what
is a sufficient sum of money to be paid into court or what is
a sufficient security.to be given by the husband to cover the
costs of the wife of and incidental to the bearing of the
cause and shall report accordingly to the court. A judge
may thereupon, unless satisfied that the wife has stifficient
separate estate or unless other good cause be shown, order
the husband to pay the wife's costs up to the setting down
of the cause, and to pay into court or secure the costs of
the hearing within a time to be stated in such order.

86. The bond taken to secure the costs of a wife of and
incidental to the hearing of a cause shall be fil * ed in the
Registry, and shall riot be delivered out or be sued upon
without the order of a judge.

87. The order for payment of costs in which a respon-
dent or co-respondent has been condemned by a decree
nisi, if drawn up before the decree nisi is rriade absolute,
shall direct payment into Court, and such costs shall not
be paid out of court to the party entitled to receive them
under the decree nisi until the decree absolute has been
obtained; but a wife who is unsuccessful in a cause, and
who at the hearing of tfle cause has obtained an order of
the judge for costs, may nevertheless proceed at once to
obtain payment of such costs after allowance thereof on
taxation.

Code of Ci.,)iI Procedure.

88. In any matter of practice or procedure which is riot
governed by Ordinance or dealt with by these rules the
Code of Civil Procedure for the time being in force in
respect of like matters shall be deemed to apply.

Forins.

89. The forms in the First Schedule shall be used with
such variations as the circumstances of each case may re-
quire.





Fees.

90. The fees respectively specified in the Second
Schedule shall be payable in all proceedings taken tinder
the Ordinance and where no fee is provided in that
Schedule the same fee shall be payable as is provided for
a similar procceding.in the Original jurisdiction.
The said fees shall be payable by rneans of adliesive
stamps.
For the purposes of this rule a folio shall'be deemed to
consist Of 72 words, each figure being counted as a word.

91. These rules may be cited is, the flong Kong
Divorce Rules.

FIRST SCHEDULE.

FORMS.

FORM 1. [rules 2 & 22 (2).]

Notice to Appear.
IN THE SUPREME COURT OF HONG KONG.
Divorce.

19 No.

To of

TAKE NOTICE that you are required, within eight days (1)
after service hereof upon you, exclusive of the day of such service,
to enter an appearance either in person or by your solicitor at the
Registry of the Supreme Court, at the Courts of Justice, Victoria,
in the Colony of Hong Kong, should you think fit so to do, and there-
after to make answer to the charges in this petition, (2) and that,
in default of your so doing, the court will proceed to hear the said
charges proved and pronounce judgment, your absence notwith-
standing. . .

The petition (3) is filed and this notice to appear is issued by (4)

of

Dated at Hong Kong the day of 19
Note:Any person entering an appearance must state his name
and address, and an address within the Colony, to be called
an address for service, not more than three miles from the
Registry.





FORm 2. [rule 11.]

Certificate of Service.
THIS PETITION was duly served by the undersign G.H. on the
within named C.B. of
at on the day
of 19

.(Signed) G.H.

FORM 3. [rule 14.1

Affidavit of Service.
IN THE SUPREME COURT OF HONG KONG.

Divorce. Between A.B. Petitioner
and
19 No. 1 C.B. Respondent
X.Y. Co-Respondent.

I, C.D. of etc. make oath and say, that the petition hearing
date the day of ' 19 filed in this
court against C.B. the respondent (or XY. the co-resi)ondent), a
copy of which is hereunto annexed and marked with the letter A was
duly served by me on the said C.B. (or X.Y.) at
on the day of 19
by delivering to the said C.B. (or X.Y.) personally a sealed copy
thereof.

(Means of knowledge of identity to be inserted here).

Sworn at etc. on the day
of '19 . }

Before me

A Commissioner for Oaths or as the case may be.

FORm 4.[rules 17, 22 (2)
& 48 (1) (b).]

Notice of Right to Apply for leave to Appear.
IN THE SUPREME COURT OF HONG KONG.

Divorce.

To of

TAKE NOTICE that you are entitled within eight days (1) after
delivery hereof to you, exclusive of the day of such delivery to apply
upon summons for leave to enter an appearance either in person or
by your solicitor at the Registry of the Supreme Court, at the Courts





of Justice, Victoria, in the Colony of Hong Kong, for leave to inter-
vene in this cause, should you think fit so to do, and thereafter to
make answer to the charges in this petition, (2) and that, in default
of your so doing, the court will proceed to hear the said charges
proved and pronounce judgment, your absence notwithstanding.

Th e petition (3) is filed and this notice is issued by (4)

Dated at Hong Kong the day of 19
Note:Any person entering an appearance must state his name
and address, and an address within the Colony, to be called
an address for service, not more than three miles from the
Registry.

FORm 5. ~ [rule 39.]

Commission for Examination of Witnesses.
IN THE SUPREME COURT OF HONG KONG.
Divorce.

19 No.

GEORGE VI., by the grace of God, of Great Britain, Ireland and
the British Dominions beyond the Seas, King, Defender of the Faith,
to (here set forth the, name and proper description of the Commis-
sioner), Greeting.
WHEREAs a certain cause is now depending in the Supreme Court
of Hong Kong between A.B. petitioner, and C.B. respondent, and
X.Y. co-respondent, wherein the said A.B. has filed his Petition
praying for a dissolution of his marriage with the said C.B. (or
otherwise as in the prayer of the petition). AND WHEREAs by an
order made in the said cause on theday of
19 on the application of the said A.B. it was ordered that a
commission should issue under the Seal of Our said court for the
examination of (here insert name and address of the persons to be
examined) as witnesses to be produced on the part of the said A.B.
the petitioner, in support of his petition (saving all just exceptions).
Now know ye that We do by virtue of this commission to you
directed, authorize you within thirty days after the receipt of this
commission at a certain time and place to be by you appointed for
that purpose with power of adjournment to such other time and
place as to you shall seem convenient to cause the said witnesses
to come before you and to administer to the said witnesses respec-
tively an oath truly to answer such questions as shall be put to
them touching the matters set forth in the said Petition (a true and
authentic copy whereof sealed with the seal of Our said court is
hereunto annexed), and such oath being administered We do hereby
authorize and empower you to take the examination of the said
witnesses touching the matters set forth in the said Petition, and
to reduce the said examination or cause the same to be reduced
into writing. And that for the purpose aforesaid you do assume
for yourself some notary public or other lawful scribe as and for
your actuary in that behalf if to you it should seem meet and
convenient so to do. And the said examination being so taken and
reduced into writing as aforesaid, and subscribed by you We do





require you forthwith to transmit the said examination, closely sealed
up, to the Registry of Our said court at the Courts of Justice,
Victoria, in the Colony of Hong Kong, together with these presents.
And We do hereby give you full power and authority to do all such
acts, matters and things as may be necessary, lawful and expedient
for the due execution of this Our commission.
Dated at Hong Kong the day of in the
year of our Lord one thousand nine hundred and and in the
year of Our Reign.
(Signed)
Registrar.

FORM 6. [rule 53.]

Notice of Application for Decree Absolute.
IN THE SUPREME COURT OF HONG KONG.
Divorce. Between A.B. Petitioner
and
19 No. } C.B. Respondent
X.Y. Co-Respondent.
NOTICE is HEREBY GIVEN of application on behelf of petitioner
that the decree nisi for the dissolution of the marriage of the
petitioner and respondent pronounced in this cause on the
(lay of ' 19 , be made absolute, the usual
affidavit in support of the application having been filed the
day of 19 . .

J.G., Solicitor for the petitioner.

SECOND SCHEDULE.
FEES.
Amendment of.........any document $ 2.00
Answer, reply or other pleading, filing 2.00
Appearance, entering, each person (to be paid on praecipe) 2.00
Appointment before Registrar on reference, for each hour or
part thereof .......................10.00
Decree nisi or decree absolute. settling and entering 6.00
Letters of request, settling and issuing 15.00
Medical inspection; filing minute of identification and for
oath ...............................6.00
Minute of Registrar (on filing bond, commission, deposition,
report of medical inspection or any other document) 4.00
Petition for alimony pending suit, permanent alimony, main-
tenance or periodical payments, variation of settlement,
settlement of wife's property or increase or reduction of
alimony. maintenance or periodical payments 2.50
Petition not hereinbefore referred to 10.00
Order of reference to Registrar, including application for
appointment .....................1 5.00
Report of Registrar on petition for alimony, pending suit 10.00
Report of Registrar not hereinbefore referred to 15.00
G.N. 678/33. G.N. 234/35. (Cap. 179.) G.N. 234/35. [r. 20 cont.] (Cap. 4, rules). [r. 39 cont.] [r. 48 cont.] (Cap. 179.) [r. 68 cont.] (Cap. 4, rules). (Cap. 149.) (Cap. 4.) [r. 79 cont.] (Cap. 4, rules). (Cap. 4, rules). (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor. (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor.

G.N. 678/33. G.N. 234/35. (Cap. 179.) G.N. 234/35. [r. 20 cont.] (Cap. 4, rules). [r. 39 cont.] [r. 48 cont.] (Cap. 179.) [r. 68 cont.] (Cap. 4, rules). (Cap. 149.) (Cap. 4.) [r. 79 cont.] (Cap. 4, rules). (Cap. 4, rules). (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor. (1) Or as the case may be. (2) Or answer. (3) Or answer as the case may be. (4) Stating name and address of petitioner or solicitor.

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