MATRIMONIAL CAUSES RULES

MATRIMONIAL CAUSES RULES

MATRIMONIA; CAUSES RULES

1,7

L ARRANGEMENT OF RULES

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PRELIMINARY Page

1 Citation................................ ... ... ... ... ... ... ... ... ... A 5

2. Interpretation..................... ... ... ... ... ... ... .. A 5

3. Application of the Rules of the Supreme Court ... ... A 7

COMMENCEMENT ETC. OF PROCEEDINGS

5............................Application under section 12 of the Ordinance ... ... ... ... ... A 7

6. Application to court to consider agreement made in contemplation etc. of divorce

or judicial separation 1 . ......... ... ... ... ... ... ... ... ... A 8

7............................Discontinuance of cause before service of petition ... ... ... ... ... ... A 9

8..........[Revoked] ...................... ... ... ... ... ... ... ... ... A 9

9...................Cause to be begun by petition ... ... ... ... ... ... ... ... ... ... A 9

10....................Petition for jactitation of marriage ... ... ... ... ... ... . ... A 11

11..............Signing of petition ....... ... ... ... ... ... ... ... ... . ... A 11

12................Presentation of petition ... ... ... ... ... ... ... ... A 11

13.......Parties .......................... ... ... ... ... ... ... ... ... A 12

SERVICE OF PETITION, ETC.

14. Service of petition ... ... ... ... ... ... ... ... ... ... ... ... ... A 13

is..................Notice of intention to defend ... ... ... ... ... ... ... ... ... ... A 14

15A........................Notice of absence or withdrawal of consent ... ... ... ... ... ... ... A 14

15B...............................Respondent's statement as to arrangements for children ... ... ... ... A 14

PLEADINGS AND AMENDMENT

16...........................Supplemental petition and amendment of petition ... ... ... ... ... ... A 15

17................................Filing and service of a supplemental or amended petition ... ... ... ... A 15

18................Filing of answer to petition ... ... ... ... ... ... ... ... ... ... ... A 15

19.......................Filing of reply and subsequent pleadings ... ... ... ... ... ... ... ... A 16
20.......................Filing of pleading after directions for trial ... ... ... ... ... ... ... A 16
21.......................Contents of answer and subsequent pleadings ... ... ... . ... A 16
22.......................Allegation against third person in pleading ... ... ... ... ... ... ... A 17

23..............Service of pleadings ......... ... ... ... ... ... ... ... ... ... ... A 17

24. Supplemental answer and amendment of pleadings ... ... ... ... ... ... ... A 17







25. Service and amendment of pleadings in Long Vacation ... ... ... ... ... ... A 17

26. Particulars ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 18

27. [Revoked]... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 18





Rule Page
PREPARATIONS FOR TRIAL

28. Discovery of documents in defended cause 1 . ... ... ... ... ... ... ... A18
29. Discovery by interrogatories in defended cause ... ... ... ... ... ... ... A 18
30. Medical examination in proceedings for nullity ... ... ... ... ... ... ... A 18
31. Conduct of medical examination ... ... ... ... ... ... ... ... ... ... A 19
32. Order for transfer of cause ... ... ... ... ... ... ... ... ... ... ... ... A 20
33. Directions for trial ... ... ... ... ... ... ... ... ... ... ... ... ... A 20
34. Determination of place of trial ... ... ... ... ... ... ... ... ... ... ... A 22
35. Directions as to allegations under section 1 1A(1)(b) of the Ordinance ... ... ... A 22
36. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 22
37. Security for costs ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 22

EVIDENCE

38.......................Evidence generally to be taken orally . ... ... ... ... ... ... A 23

39................Evidence by affidavit, etc . ... ... ... ... ... ... ... ... ... ... ... A 23

40.........................Evidence of marriage outside Hong Kong ... ... ... ... ... A 24

41................Saving for judge's powers ... ... ... ... ... ... ... ... ... ... ... A 25

42.......................Issue of witness summons or subpoena ... ... ... ... ... ... ... ... A 25

42A...........Hearsay evidence ............ ... ... ... ... ... ... ... ... ... ... A 25

TRIAL, ETC.

44............Fixing of trial ............. ... ... ... ... ... ... ... ... ... ... A25

45..........Trial of issue .............. ... ... ... ... ... ... ... ... ... ... ... A25

47.....................Further provisions as to date of trial ... ... ... ... ... ... ... ... ... A 26

47A..........................Disposal of causes in special procedure list . ... ... ... ... ... ... A 26

48.........Mode of trial .................. ... ... ... ... ... ... ... ... ... ... A 26

49.........................Answer to be filed if ancillary relief contested ... ... ... ... ... ... ... A 26

50.........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A 27

51.............................Order as to arrangements for children to be drawn up ... ... ... ... ... A 27
52.............................Restoration of matters adjourned etc. at the hearing ... ... ... ... ... A 27

53.........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A27

54..................................Shorthand note etc. of proceedings at trial in the High Court ... ... ... A27

55................Application for re-hearing ... ... ... ... ... ... ... ... ... ... ... A28

DECREES AND ORDERS

56..............Decrees and orders ........ ... ... 1 . ... ... ... ... ... ... A 29
56A. Application for rescission of decree A 29

56B. Application under section 17A of the Ordinance A 29
58..................Copies of decrees and orders ... ... ... ... ... ... ... ... ... ... A 30

59-60. [Revoked] ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... A 30

61...........................Intervention to show cause by Queen's Proctor ... ... ... ... ... ... A 30







62....................................Intervention to show cause by person other than Queen's Proctor ... ... A 31
64. Rescission of decree nisi by consent A 31

65. Decree absolute ... ... ... ... ... ... ... ... ... ... ... ... ... ... A32
66. Certificate of decree absolute ... ... ... ... ... ... ... ... ... ... ... A 33
67. Rescission of decree of judicial separation ... ... ... ... ... ... ... ... A 33





Rule Page
ANCILLARY RELIEF

68. Application by petitioner or respondent for ancillary relief ... ... ... ... A33

69. Application by guardian etc. for maintenance of children ... ... ... ... A 34
70. Application in Form 8 or 8A ... ... ... ... ... ... ... ... ... ... A 34
71. Application for ancillary relief after maintenance order ... ... ... ... ... ... A 34
72. Children to be separately represented on certain applications ... ... ... ... A 34
73. General provisions as to evidence etc. on application for ancillary relief ... ... A35
74. Evidence on application for settlement of property, etc . ... ... ... ... ... ... A35
75. Evidence on application for variation order ... ... ... ... ... ... ... ... A36
76. Service of affidavit in answer or reply ... ... ... ... ... ... ... ... ... A36
77. Investigation by court of application for ancillary relief ... ... ... ... ... ... A36
78. Interim orders ... ... ... ... ... ... ... ... ... ... ... ... ... ... A37
79. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A37
80. Transfer of application for ancillary relief.. general provisions ... ... ... ... A37
80A. [Revoked] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A37
81. Arrangements for hearing of application etc. by judge ... ... ... ... ... ... A38
82. Request for periodical payments order at same rate as order for maintenance

pending suit ... ... ... ... ... ... ... ... ... ... ... ... ... ... A38

84. Application for order under section 17(1)(a) of the Matrimonial Proceedings and

Property Ordinance ... ... ... ... ... ... ... ... ... ... ... ... ... A38

ENFORCEMENT OF ORDERS

86...........................Enforcement of order for payment of money, etc . ... ... ... ... ... ... A 38

87.......................Judgment summons: general provisions ... ... ... ... ... ... ... ... A 39
88.......................Special provisions as to judgment summons ... ... ... ... ... ... ... A 40

90................Committal and injunction ... ... ... ... ... ... ... ... ... ... ... A 41

91...........................Removal of district court order into High Court ... ... ... ... ... ... A 42

APPLICATIONS RELATING TO CHILDREN

92.........................Custody, care and supervision of children ... ... ... ... ... ... ... A 42

93....................................Further provisions as to orders under section 48 of the Ordinance ... ... A 43

94.......................Removal of child out of Hong Kong, etc . ... ... ... ... ... ... ... ... A 43
95.......................Reference to the Director of Social Welfare ... ... ... ... ... ... ... A 43

96..................................Statement of other proceedings on application relating to child ... ... ... A 44

97.........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A 44

OTHER APPLICATIONS

98...........................Application in case of wilful neglect to maintain ... ... ... ... ... ... A 44

99.....................Hearing of application under rule 98 ... ... ... ... ... ... ... ... ... A 45

100.........................................Application for alteration of maintenance agreement during lifetime of parties A 45
101.........................................Application for alteration of maintenance agreement after death of one party A 46

102...........................Further proceedings on application under rule 10 1 ... ... ... ... ... ... A 47
103...........................Application for maintenance from deceased's estate ... ... ... ... ... ... A 48





Rule........................................ Page
DISABILITY

105.............................Person under disability must sue by next friend, etc. ... ... ... ... ... A 49

106....................Service on person under disability ... ... ... ... ... ... ... ... ... A 50

107........................Petition for nullity on ground of insanity, etc . ... ... ... ... ... ... ... A 51

108....................Separate representation of children ... ... ... ... ... ... ... ... ... A 51

PROCEDURE:
GENERAL

109................Service out of Hong Kong ... ... ... ... ... ... ... ... ... ... ... A 51

110...........Service by post ................. ... ... . ... ... ... ... A52

ill.............Service of documents .......... ... ... ... ... ... ... ... ... ... ... A 53

112...........Proof of service ............. ... ... ... ... ... ... ... ... ... ... A 53

113................Abridgement etc. of time ... ... ... ... ... ... ... ... ... A 54
114................Mode of making applications ... ... ... ... ... ... ... ... ... ... A 54

116...........................Appeal from registrar in district court proceedings ... ... ... ... ... ... A 54
117...........................No notice of intention to proceed after year's delay ... ... ... ... ... A 54

118........................Filing of documents at place of hearing, etc . ... ... ... ... ... ... ... A 54

119.............Mode of giving notice ......... ... ... ... ... ... ... ... ... ... ... A 54

120........................Procedure on transfer of cause or application ... ... ... ... ... ... ... A 54

MISCELLANEOUS

121.........................Inspection etc. of documents retained in court ... ... ... ... ... ... ... A55

122......................Practice to be observed in district courts ... ... ... ... ... ... ... ... A 55

123...........[Had its effect] ............. ... ... ... ... ... ... ... ... ... ... A 55

124................Legitimacy Proceedings ..... ... ... ... ... ... ... ... ... ... ... A55

125.........[Revoked] ...................... ... ... ... ... ... ... ... ... ... A 56

126................Transitional provisions .... ... ... ... ... ... ... ... ... ... ... A 56
126A...............Further transitional provisions ... ... ... ... ... ... ... ... ... ... A 56
126B. Additional transitional provisions A56
126C. Further additional transitional provisions A 57

127. Saving ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 57

Appendix: Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 57





MATRIMONIAL CAUSES RULES L.N. 45172.
LX 135172.
LX 123174.
(Cap. 179, section 54) L. 163174.
L.N. 193174.
LX 31175.
[1 April
1972.] LX 189175.
92 of 1975.
LX 135176.
LX 325182.
L.N 346182.
49 of 1983.
L.N. 6186.
L.N. 78186.
L-NI 217187.
,pj 179/1
PRELIMINARY

1. These rules may be cited as the Matrimonial Causes Rules. Citation.
2. (1) The Interpretation and General Clauses Ordinance Interpretation.
shall apply for the interpretation of these rules as it applies for the (cap. 0
interpretation of an Ordinance.
(2) In these rules, unless the context otherwise requires- LX 135172.
'the Ordinance' means the Matrimonial Causes Ordinance; (Cap. 179)
'adopted' means adopted in pursuance of an adoption order made
under the Adoption Ordinance; (Cap. 290)
'ancillary relief means-
(a) an avoidance of disposition order,
(b) a lump sum order,
(c) an order for maintenance pending suit,
(d) a periodical payments order,
(e) a secured periodical payments order,
(f) a settlement of property order,
(g) a transfer of property order,
(h) a variation of settlement order, or
(i) a variation order;
'avoidance of disposition order' means an order under section 17 of
the Matrimonial Proceedings and Property Ordinance setting (Cap. 192)
aside a disposition;
'cause' means a matrimonial cause as defined by section 2 of the
Ordinance;
'child' and 'child of the family' have the same meaning as
in section 2 of the Matrimonial Proceedings and Property
Ordinance;
'court' means the district court; L.N. 325182.
'defended cause' means a cause not being an undefended cause;
'directions for trial' means directions for trial given under rule 33;





'financial provision' has the same meaning as in section 17 of the
Matrimonial Proceedings and Property Ordinance;

'judge'

(a)in relation to proceedings pending in the district court means
one of the judges of the district court;

(b)in relation to proceedings pending in the High Court includes
the Chief Justice, any judge of the High Court exercising
jurisdiction in matrimonial proceedings and any deputy judge
exercising jurisdiction in such proceedings under or by virtue
of section 10 of the Supreme Court Ordinance and any order
made thereunder;

Iump sum order' means an order under section 4(1)(c) or section
5(2)(c) of the Matrimonial Proceedings and Property Ordinance in
respect of a party or a child of the family respectively;

'matrimonial proceedings' means any proceedings with respect to
which rules may be made under section 54(1) of the Ordinance;

'notice of intention to defend' has the meaning assigned to it by rule
15;

'order for maintenance pending suit' means an order under section 3 of
the Matrimonial Proceedings and Property Ordinance;

'periodical payments order' means an order under section 4(1)(a) or
under section 5(2)(a) of the Matrimonial Proceedings and Property
Ordinance in respect of a party or a child of the family respectively;

'person named' includes a person described as 'passing under the
name of A.B.

'registrar' means

(a)in relation to proceedings pending in a district court, the
registrar of the Supreme Court exercising his jurisdiction as the
registrar of the district court by virtue of section 14(4) of the
District Court Ordinance,

(b)in relation to proceedings pending in the High Court, the
registrar of the Supreme Court;

'secured periodical payments order' means an order under section
4(1)(b) or section 5(2)(b) of the Matrimonial Proceedings and
Property Ordinance in respect of a party or a child of the family
respectively;

'settlement of property order' means an order under section 6(b) of the
Matrimonial Proceedings and Property Ordinance;

'transfer of property order' means an order under section 6(a) of the
Matrimonial Proceedings and Property Ordinance;

'undefended cause' means

(a)in the case of an application under section 12 of the
Ordinance, a cause in which the respondent has not given
notice of intention to defend within the time limited;





(b) in any other case

(i) a cause in which no answer has been filed or any answer
filed has been struck out; or

(ii) a cause which is proceeding only on the respondent's
answer and in which no reply or answer to the respondent's
answer has been filed or any such reply or answer has been
struck out; or

(iii) a cause to which rule 18(4) applies and in which no
notice has been given under that rule or any notice so given
has been withdrawn;

,'variation of settlement order' means an order under section 6(c) or (d)
of the Matrimonial Proceedings and Property Ordinance;

'variation order' means an order under section 11 of the Matrimonial
Proceedings and Property Ordinance;

welfare' has the same meaning as in section 18 of the Matrimonial
Proceedings and Property Ordinance.

(3) Unless the context otherwise requires, a cause begun by
petition shall be treated as pending for the purposes of these rules
notwithstanding that a final decree or order has been made on the
petition.

(4) Unless the context otherwise requires, any reference in these
rules to a numbered rule is a reference to the rule so numbered in these
rules.

(5) In these rules a form referred to by number means the form so
numbered in the Appendix, or a form substantially to the like effect, with
such variations as the circumstances of the particular case may require.

(6) In these rules any reference to an Order and rule if prefixed by
the letters 'R.S.C.' is a reference to that Order and rule in the Rules of
the Supreme Court.

(7) Unless the context otherwise requires, any reference in these
rules to any rule or enactment shall be construed as a reference to that
rule or enactment as amended, extended or applied by any other rule or
enactment.

3. Subject to the provisions of these rules and of any enactment,
the Rules of the Supreme Court shall apply with the necessary
modifications to the commencement of matrimonial proceedings in, and
to the practice and procedure in matrimonial proceedings pending in the
High Court or in a district court.

COMMENCEMENT ETC. OF
PROCEEDINGS

5. (1) An application under section 12 of the Ordinance for leave to
present a petition for divorce before the expiration of 3 years from the
date of the marriage shall be made by originating application.





(2) The application shall be filed in the district court, together
with-

(a)an affidavit by the applicant exhibiting a copy of the
proposed petition and stating-
(i) the grounds of the application;
(ii) particulars of the hardship or depravity alleged;
(iii) whether there has been any previous application
under the said section 12;
(iv) whether any, and if so what, attempts at reconcilia-
tion have been made;
(v) particulars of any circumstances which may assist
the court in determining whether there is a reasonable
probability of reconciliation between the parties;
(vi) the date of birth of each of the parties or, if it be the
case, that he or she has attained 21; and

(b) [Deleted, L.N. 78186]

(c)unless otherwise directed on an application made exparte,
a certificate of the marriage.

(3) The applicant shall serve on the respondent a sealed copy
of the application, together with a copy of the supporting affidavit
and a notice in Form 1 with Form 4 attached, annexed to it.

(4) [Revoked, L.N. 3251821

(5) The application shall be heard by a judge and shall, unless
otherwise directed, be heard in chambers.

(6) Subject to the provisions of this rule, these rules shall, so
far as applicable, apply with the necessary modifications to the
application as if the originating application were a petition and the
applicant a petitioner.

6. (1) On application made either before or after the presen-
tation of a petition for divorce or judicial separation, the parties to
the marriage or either of them may refer to the court any agreement
or arrangement made or proposed to be made between them which
relates to, arises out of or is connected with, the proceedings which
are contemplated or have begun.

(2) Unless otherwise directed on an application made exparte,
every party to the agreement or arrangement (other than the
applicant or applicants) and any other party to the proceedings or,
where application is made before the presentation of the petition,
any person whom it is intended to make a party to those proceed-
ings, shall be made a respondent to the application.

(3) Where an application is made before the presentation of a
petition-

(a) it shall be made by originating application;





(b)a sealed copy of the originating application shall be served on
each respondent by the applicant;

(d)paragraph (5) of rule 5 shall apply to the application as if it
were an application under that rule;

(e)subject to the provisions of this rule, these rules shall, so far
as applicable, apply with the necessary modifications to the
application as if it were a cause and as if the originating
application were a petition and the applicant a petitioner.

(4) An application made after the presentation of a petition shall be
made by summons to a judge of the district court and shall, unless
otherwise directed, be heard in chambers.

(5) At the time of the filing of an originating application or notice of
application or the issue of a summons under this rule, there shall be filed
an affidavit by the applicant or applicants setting out particulars of the
agreement or arrangement in question and the grounds on which the
application is made, and every copy of the originating application, notice
or summons served on a respondent shall be accompanied by a copy of
the affidavit.

(6) An application under this rule shall be heard by a judge and,
unless otherwise directed, shall be heard in chambers.

(7) On the hearing of an application under this rule the judge may
express an opinion, should he think it desirable to do so, as to the
reasonableness of the agreement or arrangement and may give such
directions, if any, in the matter if he thinks fit.

(8) A respondent to an application under this rule may not be heard
without filing an affidavit in answer to the application.

7. Before a petition is served on any person, the petitioner may file
a notice of discontinuance and the cause shall thereupon stand
dismissed.

8. [Revoked, L.N. 1351721

9. (1) Every cause other than an application under section 12 of the
Ordinance shall be begun by petition.

(2) Unless otherwise directed, every petition, other than a petition
for jactitation of marriage, shall contain the information required by Form
2 as near as may be in the order there set out and any further or other
information required by such of the following paragraphs of this rule as
may be applicable.

(3) Where a petition for divorce, nullity or judicial separation
discloses that there is a minor child of the family who is under 16 or who
is over that age and is receiving instruction at an educational
establishment or undergoing training for a trade or profession, the
petition shall be accompanied by a separate written statement containing
the information required by Form 2B, to which shall be attached a copy
of any medical report mentioned therein.





(4) Where a petition for divorce alleging any such fact as is
mentioned in section 11 A(I)(e) of the Ordinance contains a proposal by
the petitioner (not being a proposal agreed between the petitioner and
the respondent) to make financial provision for the respondent, the
petition shall be accompanied by an affidavit by the petitioner giving
brief particulars of his means and commitments.

(5) A wife's petition in which the court is alleged to have
jurisdiction by virtue or section 3(b) of the Ordinance shall state the
domicile of the husband immediately before the desertion or deportation
and the date when and the circumstances in which the alleged desertion
began or, as the case may be, the date of the deportation order.

(6) A wife's petition for divorce or nullity in which the court is
alleged to have jurisdiction by virtue of section 4(b) of the Ordinance
shall state

(a)(in lieu of a statement as to the domicile of the parties) the
addresses at which the petitioner has resided during the 3
years immediately preceding the presentation of the petition
and the length of her residence at each address and that the
husband is not domiciled in Hong Kong; and

(b)whether proceedings for divorce, nullity of marriage, judicial
separation or other relief in respect of the marriage are, to the
knowledge of the petitioner, pending in any other country
and, if so, the nature of those proceedings so far as is known
to the petitioner.

(7) A petition for a decree of nullity under section 20(2)(b), (e) or
(d) of the Ordinance shall state whether the petitioner was at the time of
the marriage ignorant of the facts alleged and whether marital intercourse
with the consent of the petitioner has taken place since the discovery by
the petitioner of the existence of grounds for a decree.

(8) A petition for a decree of presumption of death and dissolution
of marriage shall state

(a)the last place at which the parties to the marriage cohabited,
the circumstances in which the parties ceased to cohabit, the
date when and the place where the respondent was last seen
or heard of, and the steps which have been taken to trace the
respondent; and

(b)(in lieu of a statement as to the domicile, occupation and
residence of the parties) the domicile, occupation and
residence of the petitioner or, in the case of a petition in which
the court has jurisdiction by virtue of the provisions of section
3(b)(i) of the Ordinance, the addresses at which the petitioner
has resided during the 3 years immediately preceding the
presentation of the petition and the length of her residence at
each address.





(9) A petition for divorce or nullity of marriage or proceedings for
judicial separation in which the court is alleged to have jurisdiction on
the ground that either of the parties to the marriage had a substantial
connection with Hong Kong at the date of the petition by virtue of
section 3(c), 4(a), or 5(d), of the Ordinance shall state (in lieu of a
statement as to the domicile of the parties) the facts on which it is
alleged that there was such substantial connection with Hong Kong.

(10) In addition to the provisions of paragraph (8)(a) of this rule,
proceedings for presumption of death and dissolution of marriage in
which the court is alleged to have jurisdiction on the ground that the
petitioner had a substantial connection with Hong Kong at the date of
the petition by virtue of section 6(1)(a) of the Ordinance shall state the
facts on which it is alleged that there was such substantial connection
with Hong Kong.

(11) A petitioner who, in reliance on section 62 or 63 of the Evidence
Ordinance, intends to adduce evidence that a person

(a)was convicted of an offence by or before a court in Hong Kong
or by a court-martial there or elsewhere, or

(b)was found guilty of adultery in matrimonial proceedings or was
adjudged to be the father of a child in affiliation proceedings
before a court in Hong Kong,

must include in his petition a statement of his intention with particulars
of

(i) the conviction, finding or adjudication and the date thereof,

(ii)the court or court-martial which made the conviction, finding or
adjudication and, in the case of a finding or adjudication, the
proceedings in which it was made, and

(iii)the issue in the proceedings to which the conviction, finding or
adjudication is relevant.

10. A petition for jactitation of marriage shall state-

(a)the residence and domicile of the petitioner and the
respondent at the date of the institution of the cause;

(b)the dates, times and places of the alleged boastings and
assertions;

(c)that the alleged boasting and assertions are false and that the
petitioner has not acquiesced therein.

11. Every petition shall be signed by counsel if settled by him and,
if not, by the petitioner's solicitor in his own name or the name of his
firm, or by the petitioner if he sues in person.

12. (1) A petition shall be presented to the district court.





(2) Unless otherwise directed on an application made exparte,
a certificate of the marriage to which the cause relates shall be filed
with the petition.

(3) Where a solicitor is acting for a petitioner for divorce or
judicial separation, a certificate in Form 2A shall be filed with the
petition, unless otherwise directed on an application made ex parte.

(4) Where there is before the district court or the High Court a
petition which has not been dismissed or otherwise disposed of by a
final order, another petition by the same petitioner in respect of the
same marriage shall not be presented without leave granted on an
application made in the pending proceedings:

Provided that no such leave shall be required where it is
proposed, after the expiration of the period of 3 years from the date
of the marriage, to present a petition for divorce alleging such of the
facts mentioned in section 11 A of the Ordinance as were alleged in a
petition for judicial separation presented before the expiration of
that period.

(5) The petition shall be presented by filing it, together with
any statement, report and affidavit required by rule 9(3) and (4), in
the registry.

(6) On the filing of the petition the registrar shall enter the
cause in the books of the court.

(7) Every copy of a petition for service shall be sealed, and
shall be accompanied by a notice in Form 3 with Form 4 attached,
and in the case of a petition for service on a respondent spouse, shall
also be accompanied by a copy of any statement, report and affidavit
lodged pursuant to paragraph (5).

13. (1) Unless otherwise directed-

(a) where a husband's petition alleges adultery, the alleged
adulterer shall be made a co-respondent in the cause;

(b)where a wife's petition alleges adultery with a woman
named, the alleged adulteress shall be made a respondent
in the cause.

(2) Where a petition alleges that the other party to the
marriage has been guilty of an improper association (other than
adultery) with a person named or of rape upon a person named, the
petitioner shall, as soon as practicable after the filing of the petition,
apply to the court for directions whether that person shall be made a
respondent in the cause.

(3) An application for directions under paragraph (1) or (2)
may be made ex parte if no notice of intention to defend has been'
given.

(4) This rule does not apply where the alleged adulterer,
adulteress or person named has died before the filing of the petition.





SERVICE OF PETITION, ETC.

14. (1) Subject to the provisions of this rule, a copy of every Service of
petition shall be served personally or by post on every respondent or petition.
co-respondent.

(2)Subject to paragraph (3) service of a petition shall be L.N. 78186.
effected by the petitioner.
(3)Personal service shall in no case be effected by the peti-
tioner himself.
(4) [Deleted, L.N. 78186]
(5)For the purposes of the foregoing paragraphs, a copy of a
petition shall be deemed to be duly served if-
(a)an acknowledgment of service in Form 4 is signed by the
party to be served or by a solicitor on his behalf and is
returned to the registry, and
(b)where the form purports to be signed by a respondent
spouse, his signature is proved at the hearing.
(6)Where a copy of a petition has been sent to a party and no
acknowledgment of service has been returned to the registry, the
registrar, if satisfied by affidavit or otherwise that the party has
nevertheless received the document, may direct that the document
shall be deemed to have been duly served on him.
(7)Where a copy of a petition has been served on a party
personally and no acknowledgment of service has been returned to
the registry, service shall be proved by filing an affidavit of service
showing the server's means of knowledge of the identity of the party
served.
(8)Where an acknowledgment of service is returned to the
registry, the registrar shall send a photographic copy thereof to the
petitioner.
(9)An application for leave to substitute some other mode of
service for the modes of service prescribed by paragraph (1), or to
substitute notice of the proceedings by advertisement or otherwise,
shall be made ex parte by lodging an affidavit setting out the grounds
on which the application is made; and the form of any advertisement
shall be settled by the registrar:
Provided that no order giving leave to substitute notice of the L.M 135176.
proceedings by advertisement shall be made unless it appears to the
registrar that there is a reasonable probability that the advertisement
will come to the knowledge of the person concemed.
(M) Where the registrar has authorized notice by advertisement L.N. 78186.
to be substituted for service, an affidavit exhibiting a copy of the





newspaper containing the advertisement shall be filed in court by the
party inserting the advertisement as proof that such advertisement was
inserted.

(10) Where in the opinion of the registrar it is impracticable to serve a
party in accordance with any of the foregoing paragraphs or it is
otherwise necessary or expedient to dispense with service of a copy of a
petition on the respondent or on any person, the registrar may make an
order dispensing with such service.

An application for an order under this paragraph shall, if no notice
of intention to defend has been given, be made in the first instance ex
parte by lodging an affidavit setting out the grounds of the application,
but the registrar may, if he thinks fit, require the attendance of the
petitioner on the application.

15. (1) In these rules any reference to a notice of intention to defend
is a reference to an acknowledgment of service in Form 4 containing a
statement to the effect that the person by whom or on whose behalf it is
signed intends to defend the proceedings to which the acknowledgment
relates, and any reference to giving notice of intention to defend is a
reference to returning such a notice to the registry.

(2) In relation to any person on whom there is served a document
requiring or authorizing an acknowledgment or service to be returned to
the registry, references in these rules to the time limited for giving notice
of intention to defend are references to 8 days after service of the
document, inclusive of the day of service, or such other time as may be
fixed.

(3) Notice of intention to defend a cause begun by petition may be
given at any time before directions for trial are given, notwithstanding
that the time limited for giving the notice has expired.

(4) Subject to paragraphs (2) and (3), a person may give notice of
intention to defend notwithstanding that he has already returned to the
registry an acknowledgment of service not constituting such a notice.

15A. (1) A respondent to a petition which alleges any such fact as
is mentioned in section 1 1A(1)(d) of the Ordinance may give notice to
the court either that he does not consent to a decree being granted or
that he withdraws any consent which he has already given.

(2) Where any such notice is given and none of the other facts
mentioned in section 11 A(1) of the Ordinance is alleged, the
proceedings on the petition shall be stayed and the registrar shall
thereupon give notice of the stay to all parties.

15B. A respondent spouse on whom there is served a statement in
accordance with rule 9(3) may, at any time before the judge makes an
order under section 18 of the Matrimonial Proceedings and Property
Ordinance, file in the court office a written statement





of his views on the present and proposed arrangements for the children,
and serve a copy thereof on the petitioner.

PLEADINGS AND AMENMENT

16. (1) A supplemental petition may be filed only with leave.

(2) A petition may be amended without leave before it is served but
only with leave after it has been served.

(3) Subject to paragraph (4), an application for leave under this rule

(a)may, if every opposite party consents in writing to the
supplemental petition being filed or the petition being
amended, be made ex parte by lodging in the registry the
supplemental petition or a copy of the petition as proposed to
be amended, and

(b)shall, in any other case, be made on notice (or in the High
Court by summons), to be served, unless otherwise directed,
on every opposite party.

(4) The registrar may, if he thinks fit, require an application for
leave to be supported by an affidavit.

(5) An order granting leave shall-

(a)where any party has given notice of intention to defend, fix the
time within which his answer must be filed or amended;

(b)where the order is made after directions for trial have been
given, provide for a stay of the hearing until after the
directions have been renewed.

(6) An amendment authorized to be made under this rule shall be
made by filing a copy of the amended petition.

(7) Rules 11 and 13 shall apply to a supplemental or amended
petition as they apply to the original petition.

17. (1) The petitioner shall file the supplemental or amended petition
together with a copy of the order (if any) made under rule 16 and unless
otherwise directed, serve a sealed copy thereof on every respondent and
co-respondent named in the original petition or in the supplemental or
amended petition.

(2) Unless otherwise directed, rule 12(7) and rule 14 shall apply in
relation to service on a person required to be served under paragraph (1)
as they apply in relation to service on a person required to be served
with an original petition.

18. (1) Subject to paragraph (2) and to rules 15A, 20 and 49, a
respondent or co-respondent who

(a)wishes to defend the petition or to dispute any of the facts
alleged in it;

(b)being the respondent spouse, wishes to make in the
proceedings any charge against the petitioner in respect of
which the respondent spouse prays for relief, or





(c)being the respondent to a petition to which section 15B(1) of
the Ordinance applies, wishes to oppose the grant of a decree
nisi on the ground mentioned in that subsection,

shall, within 21 days after the expiration of the time limited for giving
notice of intention to defend, file an answer to the petition.

(2) An answer may be filed at any time before directions have been
given for the trial of the cause, notwithstanding that the time for filing
the answer has expired or that the person filing the answer has not given
notice of intention to defend.

(3) Any reference in these rules to a person who has given notice
of intention to defend shall be construed as including a reference to a
person who has filed an answer without giving notice of intention to
defend.

(4) Where in a cause in which relief is sought under section 20(2)(b)
of the Ordinance the respondent files an answer containing no more
than a simple denial of the facts stated in the petition, he shall, if he
intends to rebut the charges in the petition, give the registrar notice to
that effect when filing his answer.

(5) [Revoked, L.N. 3251821

19. (1) Where an answer contains counter-charges and a prayer for
relief the petitioner if he wishes to contest those charges or any relief
claimed in the prayer shall file a reply within 14 days after he has
received a copy of an answer pursuant to rule 23.

(2) In all other cases the petitioner may file a reply within 14 days
after he has received a copy of the answer pursuant to rule 23 but if he
does not he shall be deemed on making a request for directions for trial
to have denied every material allegation of fact made in the answer.

(3) No pleading subsequent to a reply shall be filed without leave.

20. No pleading shall be filed without leave after directions for trial
have been given.

21. (1) Where an answer, reply or subsequent pleading contains
more than a simple denial of the facts stated in the petition, answer or
reply, as the case may be, the pleading shall set out with sufficient
particularity the facts relied on but not the evidence by which they are to
be proved and, if the pleading is filed by the husband or wife, it shall, in
relation to those facts, contain the information required in the case of a
petition by paragraphs (10), (11) and (14) of Form 2.

(2) Unless otherwise directed, an answer by a husband or wife who
disputes any statement required by paragraphs (4), (5) and (6) of Form 2
to be included in the petition shall contain full particulars of the facts
relied on.





(3) Paragraph (8) of Form 2 and so much of that form as requires the
petition to conclude with a prayer giving details of the relief claimed
shall, where appropriate, apply with the necessary modifications to a
respondent spouse's answer as they apply to a petition:

Provided that it shall not be necessary to include in the answer any
claim for costs against the petitioner.

(4) Rule 9(11) shall apply with the necessary modifications to a
pleading other than a petition as it applies to a petition.

(5) Where a party's pleading includes such a statement as is
mentioned in rule 9(11), then if the opposite party

(a)denies the conviction, finding or adjudication to which the
statement relates, or

(b)alleges that the conviction, finding or adjudication was
erroneous, or

(e)denies that the conviction, finding or adjudication is relevant
to any issue in the proceedings,

he must make the denial or allegation in his pleading.

(6) Rule 11 shall apply with the necessary modifications to a
pleading other than a petition as it applies to a petition.

(7) An answer by a husband shall contain the information required
in the case of a petition by paragraph (10) of Form 2.

22. (1) Rules 13 and 14 shall apply with the necessary modifications
to a husband's or wife's pleading other than a petition as they apply to a
petition, so however that for the references in those rules to a co-
respondent or respondent there shall be substituted references to a
party cited.

(2) Rule 18 shall apply with the necessary modifications to a party
cited in a pleading as it applies to a respondent or corespondent to a
petition.

23. A party who files an answer, reply or subsequent pleading shall,
at the same time, serve a copy thereof with a notice in Form 3 with Form
4 attached, annexed to it, on every opposite party.

24. Rules 16 and 17 shall apply with the necessary modifications to
the filing of a supplemental answer, and the amendment of a pleading or
other document not being a petition, as they apply to the filing of a
supplemental petition and the amendment of a petition.

25. R.S.C. Order 3, rule 3, R.S.C. Order 18, rule 5, and R.S.C. Order 20,
rule 6 (which restrict the service and amendment of pleadings in the Long
Vacation) shall not apply to any matrimonial proceedings pending in the
High Court.





26. (1) A party on whom a pleading has been served may in writing
request the party whose pleading it is to give particulars of any
allegation or other matter pleaded and, if that party fails to give the
particulars within a reasonable time, the party requiring them may apply
for an order that the particulars be given.

(2) The request or order in pursuance of which particulars are given
shall be incorporated with the particulars, each item of the particulars
following immediately after the corresponding item of the request or
order.

(3) A party giving particulars, whether in pursuance of an order or
otherwise, shall at the same time file a copy of them.

27. [Revoked, L.N. 2171871

PREPARATIONS FOR TRIAL

28. The provisions of the District Court Civil Procedure (General)
Rules dealing with the discovery and inspection of documents shall
apply to a defended cause begun by petition as they apply to an action
begun by writ.

29. (1) R.S.C. Order 26 (which deals with discovery by
interrogatories) shall apply to a defended cause begun by petition as it
applies to a cause within the meaning of that Order, but with the
omission of

(a)in rule 1(2), the words 'or the notice under Order 25, rule 7,

(b) rule 2, and

(c) in rule 6(1), the words from 'including' to the end.

(2) A copy of the proposed interrogatories shall be served together
with the summons for an order under R.S.C. Order 26, rule 1.

30. (1) In proceedings for nullity on the ground of impotence or
incapacity to consummate the marriage the petitioner shall, subject to
paragraph (2), apply to the court to determine whether medical
inspectors should be appointed to examine the parties.

(2) An application under paragraph (1) shall not be made in an
undefended cause

(a) if the husband is the petitioner, or

(b) if the wife is the petitioner and-

(i) it appears from the petition that she was either a widow
or divorced at the time of marriage in question, or

(ii) it appears from the petition or otherwise that she has
borne a child, or

(iii) a statement by the wife that she is not a virgin is filed,





unless, in any such case, the petitioner is alleging his or her own
impotence or incapacity.
(3) Reference in paragraphs (1) and (2) to the petitioner shall,
where the cause is proceeding only on the respondent's answer or
where the allegation of impotence or incapacity is made only in the
respondent's answer, be construed as references to the respondent.
(4) An application under paragraph (1) by the petitioner shall
be made-
(a)where the respondent has not given notice of intention to
defend, after the time limited for giving the notice has
expired;

(b)where the respondent has given notice of intention to
defend, after the expiration of the time allowed for filing
his answer or, if he has filed an answer, after it has been
filed;
and an application under paragraph (1) by the respondent shall be
made after he has filed an answer.

(5) Where the party required to make an application under
paragraph (1) fails to do so Within a reasonable time, the other party
may, if he is prosecuting or defending the cause, make an application
under that paragraph.

(6) In proceedings for nullity on the ground that the marriage
has not been consummated owing to the wilful refusal of the
respondent, either party may apply to the court for the appointment
of medical inspectors to examine the parties.
(7) If the respondent has not given notice of intention to
defend, an application by the petitioner under paragraph (1) or (6)
may be made ex parte.
(8) If the court hearing an application under paragraph (1) or
(6) considers it expedient to do so, it shall appoint a medical
inspector or, if it thinks it necessary, 2 medical inspectors to examine
the parties and report to the court the result of the examination.
(9) At the hearing of any such proceedings as are referred to
in paragraph (1) the court may, if it thinks fit, appoint a medical
inspector or two medical inspectors to examine any party who has
not been examined or to examine further any party who has been
examined.

(10) The party on whose application an order under paragraph
(8) is made or who has the conduct of proceedings in which an order
under paragraph (9) has been made for the examination of the other
party, shall serve on the other party notice of the time and place
appointed for his or her examination.

31. (1) Every medical examination under rule 30 shall be held
at the consulting room of the medical inspector or, as the case may
be, of one of the medical inspectors appointed to conduct the
examination:





Provided that the court may, on the application of a party, direct
that the examination of that party shall be held at the registry or at such
other place as the court thinks convenient.

(2) Every party presenting himself for examination shall sign, in the
presence of the inspector or inspectors, a statement that he is the person
referred to as the petitioner or respondent, as the case may be, in the
order for the examination, and at the conclusion of the examination the
inspector or inspectors shall certify on the statement that it was signed
in his or their presence by the person who has been examined.

(3) Every report made in pursuance of rule 30 shall be filed and
either party shall be entitled to be supplied with a copy on payment of
the prescribed fee.

32. (1) The court may order that a cause or application pending in
the district court be transferred to the High Court, where, having regard
to all the circumstances including the difficulty or importance of the
cause or application or of any issue arising therein, the court thinks it
desirable that the cause or application should be heard and determined
in the High Court.

(2) An order under paragraph (1) maybe made by the judge of his
own motion or on the application of a party, but before making an order
of his own motion the judge shall give the parties an opportunity of
being heard on the question of transfer and for that purpose the registrar
may give the parties notice of a date, time and place at which the
question will be considered.

(3) Any cause or application transferred to the High Court under
paragraph (1) may be re-transferred to the district court at any stage of
the proceedings if the High Court thinks it desirable.

33. (1) On the written request of the petitioner or of any party who
is defending a cause begun by petition, the registrar shall give directions
for the trial of the cause if he is satisfied

(a)that any application for directions required by rule 13(2), or by
that rule as applied by rule 16(7) or 22(1), has been made;

(b)that a copy of the petition (including any supplemental or
amended petition) and any subsequent pleading has been
duly served on every party required to be served and, where
that party is a person under disability, that any affidavit
required by rule 106(2) has been filed;

(e)if no notice of intention to defend has been given by any party
entitled to give it, that the time limited for giving such notice
has expired;

(d)if notice of intention to defend has been given by any party,
that the time allowed him for filing an answer has expired;

(e)if an answer has been filed, that the time allowed for filing any
subsequent pleading has expired;





(f) in proceedings for nullity-

(i) that any application required by rule 30(1) has been
made, and

(ii) where an order for the examination of the parties has
been made on an application under rule 30, that the notice
required by paragraph (10) of that rule has been served and
that the report of the inspector or inspectors has been filed.

(2) Subject to paragraph (2A) where the cause is pending in a
district court and is to be tried at that court, the registrar shall, if he
considers it practicable to do so, give directions for trial by fixing the
date, place and, as nearly as may be, the time of the trial and giving
notice thereof to every party to the cause.

(2A) Where in the case of a petition for divorce or judicial
separation pending in a district court

(a)the only fact mentioned in section 1 1A(1) of the Ordinance on
which the petitioner relies in support of the petition is that
specified in paragraph (a), (c), (d) or (e) of that subsection;

(b)there are no children of the family to whom section 18 of the
Matrimonial Proceedings and Property Ordinance applies; and

(c)in a case to which the said paragraph (a), (c) or (e) relates, the
respondent, and any co-respondent against whom costs are
claimed, has returned to the court office an acknowledgement
of service containing a statement to the effect that he does not
intend to defend the proceedings or, in a case to which the
said paragraph (d) relates, the respondent has returned to the
court office an acknowledgment of service containing a
statement to the effect that he consents to a decree being
granted or a statement to that effect signed by the respondent
has been lodged in the court office,

then, unless otherwise directed,-

(i)there shall be filed with the request for directions for trial an
affidavit by the petitioner containing the information required
by Form 21(1), 21(2), 21(3) or 21(4) (whichever is appropriate)
as near as may be in the order there set out, together with any
corroborative evidence on which the petitioner intends to rely;
and

(ii) the registrar shall give directions for trial by entering the cause
in a list to be known as the special procedure list.

(3) In any other case the registrar shall give directions for trial by
setting the cause down for trial and giving notice that he has done so to
every party to the cause.





34. (1) Directions for trial except where given under rule
33(2A) shall determine the place of trial.

(2) In the case of an undefended cause to which rule 33(2A)
does not apply, the request for directions shall state-

(a) the place of trial desired,

(b)the place where the witnesses whom it is proposed to call at
the trial reside,

(e) an estimate of the probable length of the trial, and

(d)any other fact which may be relevant for determining the
place of trial.

(3) In the case of a defended cause the request for directions
shall state the number of witnesses to be called on behalf of the party
giving the notice and the places where he and his witnesses reside
and an estimate of the probable length of the trial.

(4) If circumstances arise tending to show that the estimate of
the probable length of the trial given under paragraph (2) or (3) is
inaccurate, a further estimate shall be filed.

(5) Directions determining the place of trial of any undefended
cause may be varied by the registrar of the court in which the cause is
proceeding on the application of any party to the cause.

35. (1) Where in a defended cause the petitioner alleges that
the respondent has behaved in such a way that the petitioner cannot
reasonably be expected to live with the respondent, the registrar
may, of his own motion on giving directions for trial or on the
application of any party made at any time before the trial, order or
authorize the party who has made the request for or obtained such
directions to file a schedule of the allegations and counter allegations
made in the pleadings or particulars.

(2) Where such an order is made or authority given, the
allegations and counter-allegations shall, unless otherwise directed,
be listed concisely in chronological order, each counter-allegation
being set out against the allegation to which it relates, and the party
filing the schedule shall serve a copy of it on any other party to the
cause who has filed a pleading.

36. [Revoked, L.N. 1351721

37. (1) After directions for trial have been given or with leave
at an earlier stage of the cause a wife who is a petitioner or who has
filed an answer may apply for security for her costs up to the trial
and of and incidental to the trial or for any part of such costs.

(2) Where an application for security has been made under
paragraph (1) the registrar shall ascertain what is a sufficient sum





of money to cover the costs to which the application relates and if
after taking all the circumstances into account (including the means
of the husband and the wife) the registrar considers that the
husband should provide security for all or some of such costs, he
may order the husband to pay the sum so ascertained, or some part
of it, into court or to give security within such time as he may fix
and may direct a stay of the proceedings until the order is complied
with.

(3) The bond taken to secure a wife's costs under this rule shall
be given to the registrar by the name of the registrar and shall be
filed and shall not be delivered out or sued upon without the leave of
the registrar.

(4) Where the wife is the petitioner an application by her for
the removal of a stay of the proceedings may be made to the regis-
trar ex parte if the husband has not given notice of intention to
defend.

EVIDENCE

38. Subject to the provisions of rules 39, 40 and 47A and of the
Evidence Ordinance, and any other enactment, any fact required to
be proved by the evidence of witnesses at the trial of a cause begun
by petition shall be proved by the examination of the witnesses
orally and in open court.

39. (1) The court may order-

(a)that the affidavit of any witness may be read at the trial on
such conditions as the court thinks reasonable;

(b)that the evidence of any particular fact shall be given at the
trial in such manner as may be specified in the order and in
particular-
(i) by statement on oath of information or belief, or
(ii) by the production of documents or entries in books,
or
(iii) by copies of documents or entries in books, or
(iv) in the case of a fact which is or was a matter of
common knowledge either generally or in a particular
district, by the production of a specified newspaper
containing a statement of that fact; and

(e)that not more than a specified number of expert witnesses
may be called.

(2) An application to the registrar for an order under para-
graph (1) shall-





(a) if no notice of intention to defend has been given, or

(b)if the petitioner and every party who has given notice of
intention to defend consents to the order sought,

be made ex parte by filing an affidavit stating the grounds on which the
application is made.

(3) Where an application is made before the trial for an order that
the affidavit of a witness may be read at the trial or that evidence of a
particular fact may be given at the trial by affidavit, the proposed
affidavit or a draft thereof shall be submitted with the application; and
where the affidavit is sworn before the hearing of the application and
sufficiently states the grounds on which the application is made, no
other affidavit shall be required under paragraph (2).

(4) The court may, on the application of any party to a cause begun
by petition, make an order under R.S.C. Order 39, rule 1, for the
examination on oath of any person, and R.S.C. Order 38, rule 9, and Order
39, rules 1 to 14, (which regulate the procedure where evidence is to be
taken by deposition) shall have effect accordingly with the appropriate
modifications.

(5) On any application made
(a) in a district court, by originating application or

(b)in the High Court, by originating summons, summons, notice
or motion,

evidence may be given by affidavit unless these rules otherwise provide
or the court otherwise directs, but the court may, on the application of
any party, order the attendance for cross-examination of the person
making any such affidavit; and where, after such an order has been
made, that person does not attend, his affidavit shall not be used as
evidence without the leave of the court.

40. (1) The celebration of a marriage outside Hong Kong and its
validity under the law of the country where it was celebrated may, in any
matrimonial proceedings in which the existence and validity of the
marriage is not disputed, be proved by the evidence of one of the parties
to the marriage and the production of a document purporting to be

(a)a marriage certificate or similar document issued under the law
in force in that country; or

(b)a certified copy of an entry in a register of marriages kept
under the law in force in that country.

(2) Where a document produced by virtue of paragraph (1) is not in
English it shall, unless otherwise directed, be accompanied by a
translation certified by a notary public or authenticated by affidavit or
affirmation.





(3) This rule shall not be construed as precluding the proof of a
marriage in accordance with the Evidence (Foreign, Dominion and
Colonial Documents) Act 1933 or in any other manner authorized apart
from this rule.

41. Nothing in rule 39 or 40 shall affect the power of the judge at the
trial to refuse to admit any evidence if in the interests of justice he thinks
fit to do so.

42. (1) A witness summons in a cause pending in a district court
may be issued in that court or in the court of trial at which the cause is to
be tried.

(2) A writ of subpoena in a cause pending in the High Court may
issue out of the registry.

42A. (1) The Evidence (Hearsay) Rules made under the Evidence
Ordinance shall apply in relation to a defended cause as if in rule 3

(a)for the reference in paragraph (4) to Order 38, rule 3 of the
Rules of the Supreme Court there were substituted a reference
to rule 39 of these rules;

(b) paragraph (5) were omitted.

(2) Unless in any particular case the court otherwise directs, rule
3(1) of the Evidence (Hearsay) Rules shall not apply in relation to an
undefended cause pending in the High Court or in the district court and
where the court otherwise directs, then paragraph (1) shall apply as it
applies in the case of a defended cause.

TRIAL, ETC.

44. As soon as practicable after a cause pending in the district court
has been set down for trial, the registrar of the court shall fix the date,
place and, as nearly as may be, the time of the trial and give notice
thereof to every party to the cause.

45. Where directions are given for the separate trial of any issue
and those directions have been complied with, the register shall

(a)if the issue arises on an application for ancillary relief or in
proceedings for the exercise of any power under Part VII of the
Matrimonial Causes Ordinance or sections 18, 19 or 20 of the
Matrimonial Proceedings and Property Ordinance, proceed as
if the issue were a question referred to ajudge on an
application for ancillary relief and rule 81 shall apply
accordingly;

(b)in any other case, set the issue down for trial and thereupon
rule 44 shall apply as if the issue were a cause.





47. (1) Not less than 10 days before the date fixed for the trial
of a petition, the registrar shall give notice of the date, place and, as
nearly as may be, the time of the trial to every party to the petition.
(2) Except with the consent of the parties or by leave of a
judge, no petition, whether defended or undefended, shall be tried
until after the expiration of 10 days from the date on which
directions for trial were given.
(3) Nothing in this rule shall apply to a cause entered in the
special procedure list.

47A. (1) As soon as practicable after a cause has been entered
in the special procedure list, the registrar shall consider the evidence
filed by the petitioner and-
(a) if he is satisfied-
(i) that the petitioner has sufficiently proved the con-
tents of the petition and is entitled to a decree and any
costs for which he prays; and
(ii) that there are no children of the family to whom
-section 18 of the Matrimonial Proceedings and Property
Ordinance applies,
the registrar shall make and file a certificate to that effect;
and
(b)if he is not so satisfied he may either give to the petitioner
an opportunity of filing further evidence or remove the
cause from the special procedure list whereupon rule
33(2A) shall cease to apply.
(2) On the filing of a certificate under paragraph (1) a day shall
be fixed for the pronouncement of a decree by a judge in open court
at a court of trial and the registrar shall send to each party notice of
the day and place so fixed and a copy of the certificate but it shall not
be necessary for any party to appear on that day.
(3) Within 14 days after the pronouncement of a decree in
accordance with a certificate under paragraph (1), any person may
inspect the certificate and the evidence filed under rule 33(2A) and
may bespeak copies on payment of the prescribed fee.

48. Unless otherwise directed and subject to rule 47A, every
cause and any issue arising therein shall be tried by ajudge without a
jury.

49. (1) A respondent may, without filing an answer, be heard
on-
(a)any question of custody of, or access to, any child of the
family,
(b)any question whether a supervision order should be made
as respects any such child under section 48 of the Ordin-
ance, and
(c) any question of ancillary relief.





(2) A respondent, co-respondent or party cited may, without
filing an answer, be heard on any question as to costs but no
allegation shall be made against a party claiming costs unless the
party making the allegation has filed an answer.

(3) A party shall be entitled to be heard on any question
pursuant to paragraph (1) or (2) whether or not he has returned to
the court office an acknowledgment of service stating his wish to be
heard on that question.

(4) In proceedings after a decree nisi of divorce or a decree of
judicial separation no order the effect of which would be to make a
co-respondent or party cited liable for costs which are not directly
referable to the decree shall be made unless the co-respondent or
party cited is a party to such proceedings or has been given notice of
the intention to apply for such an order.

50. [Revoked, L.N. 135172]

51. Any order made pursuant to section 18(1) or (4) of the
Matrimonial Proceedings and Property Ordinance shall be drawn up.

52. (1) Where at the trial of a cause any application is
adjourned by the judge for hearing in chambers, it may be restored-

(a) in the High Court, by notice without a summons, or

(b)in the High Court or the district court, by notice given by
the registrar when in his opinion the matter ought to be
further considered,

and the notice shall state the place and time for the hearing of the
restored application and be served on every other party concerned.

(2) Where in proceedings for divorce, nullity of marriage or
judicial separation the judge has not made an order pursuant to
section 18(1) of the Matrimonial Proceedings and Property Ordin-
ance, paragraph (1) shall, unless the judge otherwise directs, apply as
if an application with respect to the arrangements for the care and
upbringing of any such child had been adjourned for hearing in
chambers.

53. [Revoked, L.N. 1351721

54. (1) Unless the judge otherwise directs, a shorthand note
shall be taken of the proceedings at the trial of every cause in open
court in the High Court.

(2) The shorthand writer shall sign the note and certify it to be
a correct shorthand note of the proceedings and shall retain the note
unless he is directed by the registrar to forward it to him.

(3) On being so directed the shorthand writer shall furnish the
registrar with a transcript of the whole or such part as may be
directed of the shorthand note.





(4) Any party, any person who has intervened in a cause or the
Queen's Proctor shall be entitled to require from the shorthand
writer a transcript of the shorthand note, and the shorthand writer
shall, at the request of any person so entitled, supply that person
with a transcript of the whole or any part of the note on payment of
the shorthand writer's charges at such rate as may be prescribed.

(5) Except as aforesaid, the shorthand writer shall not, with-
out the permission of the court, furnish the shorthand note of a
transcript of the whole or any part thereof to anyone.

(6) In these rules references to a shorthand note include
references to a record of the proceedings made by mechanical means
and in relation to such a record references to the shorthand writer
shall have effect as if they were references to the person responsible
for transcribing the record.

55. (1) An application for re-hearing of a cause tried by a
judge alone (whether in the High Court or the district court), where
no error of the court at the hearing is alleged, shall be made to a
judge.

(2) Unless otherwise directed, the application shall be made to
the judge by whom the cause was tried and shall be heard in open
court.

(3) The application shall be made by a notice to attend before
the judge on a day specified in the notice which shall state the
grounds of the application.

(4) Unless otherwise directed, the notice must be issued within
6 weeks after the judgment and served on every other party to the
cause not less than 14 days before the day fixed for the hearing of the
application.

(5) The applicant shall file a certificate that the notice has been
duly served on each person required to be served therewith.

(6) The application shall be supported by an affidavit setting
out the allegations on which the applicant relies or exhibiting a copy
of any pleading which he proposes to file if the application is
granted, and a copy of the affidavit shall be served on every other
party to the cause.

(7) Not less than 7 days before the application is heard the
applicant shall file a copy of a transcript of so much as is relevant of
the official shorthand note of the proceedings at the trial.

(8) Any other application for re-hearing shall be made by way
of appeal to the Court of Appeal.

(9) This rule shall apply with the necessary modifications to a
cause disposed of under rule 47A as it applies to a cause tried by a
judge alone.





DECREES AND ORDERS

56. (1) (a) Every decree shall be drawn up by the party to Decrees and
whom it is granted. orders.
L.N. 78186,
(b) Every order made in open court and every other order
which is required to be drawn up shall be drawn up by the
party having the carriage of the summons, notice or other
document on which such order is indorsed.
(c) An order made upon the making of the decree nisi shall be
drawn up in Form 24(1) or Form 24(2) as may be appro-
priate with such variations as the circumstances of the
particular case shall require.
(2) Where a decree nisi is pronounced on a petition in which L.N. 135172.
any such fact as is mentioned in paragraph (d) or (e) of section
11A of the Ordinance is alleged, the decree shall state whether
that fact was the only fact mentioned in the said section 11 A(1) on
which the petitioner was entitled to rely in support of his petition.
(3) Every decree or order when drawn up shall be produced L.N. 78186.
with a copy thereof at the registry by the party who has drawn up
such decree or order, and when passed by the registrar and sealed it
shall be returned by the registrar to the party producing it and the
copy shall be lodged in the registry.
(4) Where a party who is required to draw up a decree or order L.N. 78186.
under paragraph (1) fails to produce a drawn up decree or order to
the registry under paragraph (3) within 7 days after such decree is
granted or order is made, any other party affected by such decree or
order may draw up the decree or order as the case may be.
56A. (1) An application by a respondent under section 15C Application for
of the Ordinance for the rescission of a decree of divorce shall be rescission of
made to a judge and shall be heard in open court. decree.
L.N. 135172.
(2) Paragraphs (3) and (5) of rule 55 shall apply to an
application under this rule as they apply to an application under that
rule.
(3) Unless otherwise directed, the notice of the application
shall be served on the petitioner not less than 14 days before the day
fixed for the hearing of the application.
(4) The application shall be supported by an affidavit setting
out the allegations on which the applicant relies and a copy of the
affidavit shall be served on the petitioner.
56B. (1) An application by the respondent to a petition for Application
divorce for the court to consider the financial position of the under section
17A of the
respondent after the divorce shall be made by notice in Form 8A. Ordinance.

L.N. 111174.

(2) Where the petitioner is served with a notice in Form 8A then,
unless he has already filed an affidavit under rule 9(4) or rule 73(2), he
shall, within 14 days after the service of the notice, file an





affidavit in answer to the application containing full particulars of his
property and income, and if he does not do so, the court may order him
to file an affidavit containing such particulars.

(3) Within 14 days after service of any affidavit under paragraph (2),
or within such other time as the court may fix, the respondent shall file
an affidavit in reply containing full particulars of his property and
income.

(4) [Revoked, L.N. 325182]

(5) If a decree nisi has been granted and the court has held that the
only fact mentioned in section 11 A(1) of the Ordinance on which the
petitioner was entitled to rely in support of his petition was that
mentioned in paragraph (d) or (e) of that subsection, the judge by whom
an application under section 17A of the Ordinance is to be heard shall fix
an appointment for the hearing, and rules 77(3) to (7), 80 and 80A shall
apply to the application as if it were an application for ancillary relief.

(6) [Revoked, L.N. 325182]

(7) A statement of any of the matters mentioned in subsections (2)
and (3) of section 17A of the Ordinance with respect to which the court
is satisfied, or, where the court has proceeded under subsection (4) of
the said section, a statement that the conditions for which that
subsection provides have been fulfilled, shall be entered in the court
minutes.

58. (1) The party who has under rule 56 drawn up a decree or order
shall serve a copy thereof on every other affected party.

(2) A sealed or other copy of any decree or order lodged in
accordance with rule 56(3) shall be issued by the registrar to any person
requiring such copy, on payment of the prescribed fee.

59-60. [Revoked, L.N. 781861

61. (1) If the Queen's Proctor wishes to show cause against a decree
nisi being made absolute, he shall give notice to that effect to the
registrar and to the party in whose favour it was pronounced.

(2) Within 21 days after giving notice under paragraph (1) the
Queen's Proctor shall file his plea setting out the grounds on which he
desires to show cause, and serve a copy thereof on the party in whose
favour the decree was pronounced and every other party affected by the
decree.

(3) [Deleted, L.N. 781861

(4) Subject to the following provisions of this rule, these rules shall
apply to all subsequent pleadings and proceedings in respect of the plea
as if it were a petition by which a cause is begun.

(5) If no answer to the plea is filed within the time limited or, if an
answer is filed and struck out or not proceeded with, the Queen's





Proctor may apply forthwith by motion for an order rescinding the
decree and dismissing the petition.

(6) Rule 33 shall apply to proceedings in respect of a plea by
the Queen's Proctor as it applies to the trial of a cause, so however
that if all the charges in the plea are denied in the answer the
application for directions shall be made by the Queen's Proctor and
in any other case it shall be made by the party in whose favour the
decree nisi has been pronounced.

62. (1) If any person other than the Queen's Proctor wishes to
show cause under section 17 of the Ordinance against a decree nisi
being made absolute, he shall file an affidavit stating the facts on
which he relies and shall at the same time serve a copy thereof on the
party in whose favour the decree was pronounced and in the case of
a decree of nullity, if the affidavit alleges collusion, on the other party
or parties to the alleged collusion.

(2) A party on whom a copy of an affidavit has been served
under paragraph (1) may, within 14 days after service, file an
affidavit in answer and, if he does so, he shall at the same time serve
a copy thereof on the person showing cause.

(3) The person showing cause may file an affidavit in reply
within 14 days after service of the affidavit in answer and, if he does
so, he shall at the same time serve a copy thereof on each party who
was served with a copy of his original affidavit.

(4) No affidavit after an affidavit in reply shall be filed without
leave.

(5) [Deleted, L.N. 781861

(6) A person showing cause shall apply to the judge for
directions within 14 days after expiry of the time allowed for filing an
affidavit in reply or, where no affidavit in answer has been filed,
within 14 days after expiry of the time allowed for filing such an
affidavit.

(7) If the person showing cause does not apply under para-
graph (6) within the time limited, the person in whose favour the
decree was pronounced may do so.

(8) [Revoked, L.N. 325182]

64. (1) Where, after a decree nisi has been pronounced but
before it has been made absolute, a reconciliation has been effected
between the petitioner and the respondent spouse, either party may
apply for an order rescinding the decree by consent.

(2) Where the cause is pending in the district court, the
application shall be made on notice to the other spouse and to any
other party against whom costs have been awarded or who is
otherwise affected by the decree, and where the cause is pending in





the High Court, a copy of the summons by which the application is
made shall be served on every such person.

(3) The application shall be made to ajudge and may be heard
in chambers.

65. (1) Subject to paragraph (3), an application by a spouse
to make absolute a decree nisi pronounced in his favour may be
made by lodging with the registrar a notice in Form 5.

(2) On the lodging of such a notice, the registrar shall search
the court minutes and if he is satisfied-

(a)that no appeal against the decree and no application for
re-hearing of the cause or for rescission of the decree is
pending;

(b)that no order has been made by the Court of Appeal
extending the time for appealing against the decree or by a
judge extending the time for making an application for
re-hearing of the cause or, if any such order has been made,
that the time so extended has expired;

(c)that no application for such an order as is mentioned in
sub-paragraph (b) is pending;

(d) that no intervention under rule 61 or 62 is pending;

(e)that the judge has made an order under section 18(1) of the
Matrimonial Proceedings and Property Ordinance;

(g)that the provisions of section 17A of the Ordinance do not
apply or have been complied with,

the registrar shall make the decree absolute:

Provided that if the notice is lodged more than 12 months after
the decree nisi, the registrar may require the applicant to file an
affidavit accounting for the delay and may make such order on the
application as he thinks fit or refer the application to ajudge.

(3) Where there are circumstances which ought to be brought
to the notice of the court before a decree nisi is made absolute, an
application for the decree to be made absolute shall be made to a
judge.

Unless otherwise directed, the summons by which the applica-
tion is made (or, where the cause is pending in the district court,
notice of the application) shall be served on every party to the cause
(other than the applicant) and on any other person with whom
adultery is alleged, and the application shall be heard in open court.

(4) An application by a spouse for a decree nisi pronounced
against him to be made absolute may be made to a judge or the
registrar, and the summons by which the application is made (or,
where the cause is pending in the district court, notice of the
application) shall be served on the other spouse not less than 4 clear
days before the day on which the application is heard.





(5) An order granting an application under paragraph (3) or
(4) shall not take effect until the registrar has searched the court
minutes and is satisfied as to the matters mentioned in paragraph (2).

(6) Where a decree nisi is made absolute, the registrar shall
make an indorsement to that effect on the decree, stating the precise
time at which it was made absolute.

66. (1) On a decree nisi being made absolute, the registrar
shall send to the petitioner and the respondent spouse a certificate in
Form 6, 7 or 7A, whichever is appropriate, authenticated by the seal
of the court from which it is issued.

(2) An index of decrees absolute shall be kept at the registry
of the High Court and any person shall be entitled to require a
search to be made therein, and to be furnished with a certificate of
the result of the search, on payment of the prescribed fee.

(3) A certificate in Form 6, 7 or 7A that a decree nisi has been
made absolute shall be issued to any person requiring it on payment
of the prescribed fee.

67. (1) A petition for the rescission of a decree of judicial
separation shall set out particulars of the decree and the grounds
for rescission relied on by the petitioner.

(2) The party in whose favour the decree was pronounced may
file an answer within 14 days after service of a copy of the petition
on him.

(3) Except as provided in paragraph (2), all proceedings on the
petition shall be carried on in the same manner, so far as practicable,
as proceedings on a petition for judicial separation.

ANCILLARY RELIEF

68. (1) Any application by a petitioner, or by a respondent
spouse who files an answer claiming relief, for-

(a) an order for maintenance pending suit,

(b) a periodical payments order,

(e) a secured periodical payments order,

(d) a lump sum order,
(e) a settlement of property order,

(f) a transfer of property order,

(g) a variation of settlement order,

shall be made in the petition or answer, as the case may be.
(2) Notwithstanding anything in paragraph (1), an application
for ancillary relief which should have been made in the petition or
answer may be made subsequently-





(a)by leave of the court, either by notice in Form 8 or at the
trial, or

(b)where the parties are agreed upon the terms of the pro-
posed order, without leave by notice in Form 8.

(3) An application by a petitioner or respondent spouse for
ancillary relief, not being an application which is required to be
made in the petition or answer, shall be made by notice in Form 8.

69. Any of the following persons, namely-

(a) the guardian of any child of the family,

(b)any person who has the custody or the care and control of
a child of the family under an order of the High Court or
the district court,

(c)any person who has obtained leave to intervene in the
cause for the purpose of applying for the custody of a child
of the family,

(d)the Crown Solicitor if appointed the guardian ad litem of a
child of the family under rule 108, and

(e)any other person in whose care a child of the family is and
who has obtained leave to intervene in the cause for the
purpose of applying for maintenance for that child,

may apply for an order for ancillary relief as respects that child by
notice in Form 8.

70. Where an application for ancillary relief is made by notice
in Form 8 or an application under rule 56B is made by notice in
Form 8A, the notice shall be filed-

(a) if the cause is pending in the district court, in that court, or

(b)if the cause is pending in the High Court, in the registry of
that court,

and the applicant shall serve a copy of the notice on the respondent
to the application.

71. Where an application for ancillary relief is made while
there is in force an order for maintenance of a spouse or child, the
applicant shall file a copy of the order on or before the hearing of the
application.

72. (1) Where an application is made to the High Court or the
district court for a variation of settlement order, the court shall,
unless it is satisfied that the proposed variation does not adversely
affect the rights or interests of any children concerned, direct that the
children be separately represented on the application, either by a
solicitor or by a solicitor and counsel, and may appoint the Crown
Solicitor or other fit person to be guardian ad litem of the children
for the purpose of the application.





(2) On any other application for ancillary relief the court may
give such a direction or make such appointment as it is empowered
to give or make by paragraph (1).
(3) Before a person other than the Crown Solicitor is appoint-
ed guardian ad litem under this rule there shall be filed a certificate
by the solicitor acting for the children that the person proposed as
guardian has no interest in the matter adverse to that of the children
and that he is a proper person to be such guardian.

73. (1) A petitioner or respondent spouse who has applied for
ancillary relief in his petition or answer and who intends to proceed
with the application shall, subject to rule 82, file a notice in Form 9
and serve a copy on the other spouse.
(2) Where a respondent spouse or a petitioner is served with a
notice in Form 8 or 9 in respect of an application for ancillary relief,
not being an application to which rule 74 or 75 applies, then, unless
the parties are agreed upon the terms of the proposed order, he shall,
within 14 days after service of the notice, file an affidavit in answer
to the application containing full particulars of his property and
income, and if he does not do so, the court may order him to file an
affidavit containing such particulars.

(3) An affidavit in reply may be filed within 14 days after
service of any affidavit under paragraph (2) or within such other
time as the court may fix.

74. (1) Where an application is made for a settlement of
property order, a variation of settlement order, a transfer of prop-
erty order or an avoidance of disposition order, the application shall
state briefly the nature of the settlement, variation or transfer
proposed or the disposition to be set aside and the notice in Form 8
or 9 as the case may be shall, unless otherwise directed, be supported
by an affidavit by the applicant stating the facts relied on in support
of the application.

(2) The affidavit in support of an application for a settlement
of property order or a transfer of property order shall contain full
particulars of the property in respect of which the application is
made and shall contain full particulars, so far as they are known to
the applicant, of the property to which the party against whom the
application is made is entitled either in possession or reversion; and
the affidavit in support of an application for a variation of settlement
order shall contain full particulars of all settlements, whether
ante-nuptial or post-nuptial, made on the spouses and of the funds
brought into settlement by each spouse.
(3) A copy of Form 8 or 9, as the case may be, together with a
copy of the supporting affidavit, shall be served on the following
persons as well as on the respondent to the application, that is to
say-
(a)in the case of an application for a variation of settlement
order, the trustees of the settlement and the settlor if living,





(b)in the case of an application for an avoidance of disposi-
tion order, the person in whose favour the disposition is
alleged to have been made and such other persons, if any,
as the registrar may direct.
(4) Any person served with notice of an application to which
this rule applies may, within 14 days after service, file an affidavit in
answer.

75. (1) An application for a variation order shall be sup-
ported by an affidavit by the applicant setting out full particulars of
his property and income and the grounds on which the application
is made.
(2) The respondent to the application may, within 14 days
after service of the affidavit, file an affidavit in answer.

76. (1) A person who files an affidavit for use on an applica-
tion under rule 73, 74 or 75 shall at the same time serve a copy on the
opposite party and, where the affidavit contains an allegation of
adultery or of an improper association with a named person, then,
unless otherwise directed, it shall be endorsed with a notice in Form
20 and a copy of the affidavit or of such part thereof as the court
may direct, endorsed as aforesaid, shall be served on that person by
the person who files the affidavit, and the person against whom the
allegation is made shall be entitled to intervene in the proceedings
by applying for directions under rule 77(6) within 8 days of service of
the affidavit on him, inclusive of the day of service.
(2) Rule 49(4) shall apply to a person served with an affidavit
under paragraph (1) of this rule as it applies to a co-respondent.

77. (1) On or after the filing of a notice in Form 8 or 9 an
appointment shall be fixed for the hearing of the application by the
court.

(2) An application for an avoidance of disposition order shall,
if practicable, be heard at the same time as any related application
for financial provision.
(3) Notice of the appointment, unless given in Form 8 or 9, as
the case may be, shall be given by the court to every party to the
application.
(4) Any party to an application for ancillary relief may by
letter require any other party to give further information concerning
any matter contained in any affidavit filed by or on behalf of that
other party or any other relevant matter, or to furnish a list of
relevant documents or to allow inspection of any such document,
and may, in default of compliance by such other party, apply to the
court for directions.
(5) At the hearing of an application for ancillary relief the
court shall, subject to rules 78, 80 and 80A, investigate the allega-
tions made in support of and in answer to the application and may





take evidence orally and may order the attendance of any person for
the purpose of being examined or cross-examined, and may at any
stage of the proceedings order the discovery and production of any
document or require further affidavits.

(6) The court may at any stage of the proceedings give
directions as to the filing and service of pleadings and as to the
further conduct of the proceedings.

(7) Where any party to such an application intends on the day
appointed for the hearing to apply only for directions, he shall file
and serve on every party a notice to that effect.

78. Upon an application for ancillary relief, the court may
make an interim order upon such terms as it thinks just.

79. [Revoked, L.N. 3251821

80. (1) [Deleted, L.N. 3251821

(2) [Deleted, L.N. 3251821

(3) The court may order the transfer to the High Court of any
application for ancillary relief pending in the district court where the
transfer appears to the court to be desirable.

(4) [Deleted, L.N. 325182]

(5) In considering whether an application should be trans-
ferred to the High Court the court shall have regard to all relevant
considerations, including the nature and value of the property
involved, the relief sought and the financial limits for the time being
relating to the jurisdiction of the district court in other matters.

(6) [Deleted, L.N. 3251821

(7) Where pursuant to the provisions of this rule an applica-
tion for ancillary relief or the cause is transferred to the High Court,
the court may, on making the order for transfer, give directions as to
the further conduct of the proceedings.

(8) Where an application for ancillary relief is pending in the
district court, the court may order that the application be trans-
ferred to a particular district court.

(9) [Deleted, L.N. 3251821

(10) An order under this rule may be made by the court of its
own motion or on the application of a party, but before making an
order of its own motion the court shall give the parties an opportu-
nity of being heard on the question of transfer and for that purpose
the registrar may give the parties notice of a date, time and place at
which the question will be considered.

80A. [Revoked, L.N. 3251821





81. (1) Where an application for ancillary relief or any question
arising thereon has been referred or adjourned to a judge, the registrar
shall fix a date and time for the hearing or the application or the
consideration of the question and give notice thereof to all parties.

(2) The hearing or consideration shall, unless otherwise directed,
take place in chambers.

82. (1) Where at or after the date of a decree nisi of divorce or
nullity of marriage an order for maintenance pending suit is in force, the
party in whose favour the order was made may, if he has made an
application for an order for periodical payments for himself in his
petition or answer, as the case may be, request the registrar in writing to
make such an order (in this rule referred to as a 'corresponding order')
providing for payments at the same rate as those provided for by the
order for maintenance pending suit.

(2) Where such a request is made, the registrar shall serve on the
other spouse a notice in Form 10 requiring him, if he objects to the
making of a corresponding order, to give notice to that effect to the
registrar and to the applicant within 14 days after service of the notice in
Form 10.

(3) If the other spouse does not give notice of objection within the
time aforesaid, the registrar may make a corresponding order without
further notice to that spouse and without requiring the attendance of the
applicant or his solicitor, and shall in that case serve a copy of the order
on the applicant as well as on the other spouse.

84. (1) An application under section 17(1)(a) of the Matrimonial
Proceedings and Property Ordinance for an order restraining any person
from attempting to defeat a claim for financial provision or otherwise for
protecting the claim shall be made to a judge.

(2) Rule 81 (except paragraph (2)) shall apply with the necessary
modifications to the application as if it were an application for ancillary
relief.

ENFORCEMENT OF ORDERS

86. (1) Before any process is issued for the enforcement of an order
made in matrimonial proceedings for the payment of money to any
person, an affidavit shall be filed verifying the amount due under the
order and showing how that amount is arrived at.

(2) Except with the leave of the registrar, no writ of fieri facias or
warrant of execution shall be issued to enforce payment of any sum due
under an order for ancillary relief or as order made under the provisions
of section 8 of the Matrimonial Proceedings and Property Ordinance
where an application for a variation order is pending.





87. (1) In this rule and in rule 88, unless the context otherwise
requires

'judgment creditor' means a person entitled to enforce an order;

'judgment debtor' means a person liable under an order;

'Judgment summons' means a summons issued under an order made
under R.S.C. Order 48, rule 1(1) requiring a judgment debtor to
appear and be examined on oath as to his means;

'order' means an order made in matrimonial proceedings for the
payment of money including an order for costs.

(2) Where an order has been made, the court may, on an application
made ex parte by the judgment creditor, direct a summons to issue to
the judgment debtor to attend before the court and be orally examined
on the questions

(a)whether any and, if so, what debts are owing to the judgment
debtor, and

(b)whether the judgment debtor has any and, if so, what other
property or means of satisfying the order,

and the court may also order the judgment debtor to produce any books
or documents in the possession of the judgment debtor relevant to the
questions aforesaid at the time and place appointed for examination.

(3) An application for the issue of ajudgment summons shall be in
Form 22 and there shall be filed with the application the affidavit
required by rule 86(1) which shall exhibit a copy of the order.

(4) Every judgment summons shall be in Form 23 and shall be
served on the judgment debtor personally not less than 10 clear days
before the hearing and at the time of service there shall be paid or
tendered to the judgment debtor a sum reasonably sufficient to cover his
expenses in travelling to and from the court at which he is summoned to
appear.

(5) On the hearing of the judgment summons the judge may-

(a) where the order is for-

(i) the payment of a lump sum or costs; or

(ii) maintenance pending suit or other periodical payments
and it appears to him that the order would have been varied or
suspended if the judgment debtor had made an application for
that purpose,

make a new order for payment of the amount due under the
original order, together with the costs of the judgment
summons, either at a specified time or by instalments;

(b)where the judgment debtor fails to attend, adjourn the
summons to a specified time on a specified day and order the
judgment debtor to attend at that time on that day; and





(c)where the judgment debtor, having been ordered under
paragraph (b) to attend at a specified time on a specified
day, fails to do so, or where the judgment debtor attends
but fails to show cause why an order of commitment
should not be made against him make an order for the
commitment of the judgment debtor.

(6) If the judge makes an order of commitment, he may direct
its execution to be suspended on terms that the judgment debtor
pays to the judgment creditor the amount due, together with the
costs of the judgment summons, either at a specified time or by
instalments, in addition to any sums accruing due under the original
order.

(7) All payments under a new order or an order of commit-
ment shall be made to the judgment creditor unless the judge
otherwise directs.

(8) Where an order of commitment is suspended on such terms
as are mentioned in paragraph (6)-

(a)all payments thereafter made under the said order shall be
deemed to be made, first, in or towards the discharge of
any sums from time to time accruing due under the original
order and, secondly, in or towards the discharge of the debt
in respect of which the judgment summons was issued and
the costs of the summons; and

(b)the said order shall not be issued until the judgment
creditor has filed an affidavit of default on the part of the
judgment debtor.

88. (1) R.S.C. Order 38, rule 2(3) (which enables evidence to
be given by affidavit in certain cases), shall apply to a judgment
summons as if it were an originating summons.

(2) Witnesses may be summoned to prove the means of the
judgment debtor in the same manner as witnesses are summoned to
give evidence on the hearing of a cause, and writs of subpoena may
for that purpose be issued out of the registry in which the judgment
summons is issued.

(3) Where the judgment debtor appears at the hearing, the
travelling expenses paid to him may, if the judge so directs, be
allowed as expenses of a witness, but if the judgment debtor appears
at the hearing and no order of commitment is made, the judge may
allow to the judgment debtor, by way of set-off or otherwise, his
proper costs, including compensation for loss of time, as upon an
attendance by a defendant at a trial in court.

(4) Where a new order or an order of commitment is made, the
registrar shall send notice of the order to the judgment debtor.

(5) An order of commitment shall be directed to the bailiff, for
execution by him.





(6) Unless the judge otherwise directs, the judgment creditor's
costs of and incidental to the judgment summons. shall be fixed without
taxation in accordance with the following provisions

(a)Subject to sub-paragraph (c), where the amount in respect of
which the judgment summons is issued is paid before the
hearing there may be allowed

(i) the court fees paid by the judgment creditor,

(ii) any travelling expenses paid to the judgment debtor, and

(iii) if the judgment creditor is represented by a solicitor,
such sums as the court may order in respect of the solicitor's
charges.

(b)Where an order is made on the hearing and the judgment
creditor is awarded costs, there may be allowed

(i) the court fees paid by the judgment creditor,

(ii) subject to paragraph (3), any travelling expenses paid to
the judgment debtor,

(iii) if the judgment creditor is represented by a solicitor
without counsel, such sum as the court may order in respect
of the solicitor's charges, and

(iv) if the judgment creditor is represented by solicitor and
counsel, such sums as the court may order in respect of the
solicitor's charges and counsel's fees.

(c)Where the amount in respect of which the judgment summons
is issued is paid too late to prevent the attendance of the
judgment creditor or, as the case may be, his solicitor or
counsel, at the hearing, the sums specified in sub-paragraph
(b) may, if the judge so orders, be allowed instead of the sums
specified in sub-paragraph (a).

(d)Where the costs of and incidental to a judgment summons are
directed to be taxed, R.S.C. Order 62 shall have effect in
relation to costs of proceedings pending in the High Court,
and the District Court Civil Procedure (Costs) Rules shall have
effect in relation to the costs of proceedings pending in the
district court, or as the court may otherwise order.

90. (1) Notwithstanding anything in R.S.C. Order 52, rule 4(1) (which
requires an application for an order of committal to be made by motion),
but subject to rule 6 of that Order (which, except in certain cases,
requires such an application to be heard in open court), an application
for an order of committal in matrimonial proceedings shall be made by
summons.

(2) Where by reason of illness, the existence of any vacation or
otherwise, no judge is conveniently available to hear the application,
then, an application for

(a) the discharge of any person committed, or





(b)the discharge by consent of an injunction granted by a
judge,
may be made to the registrar of the Supreme Court who may, if
satisfied of the urgency of the matter and that it is expedient to
do so, make any order on the application which a judge could have
made.

91. (1) Any order made by a district court in matrimonial
proceedings may, on an application made ex parte by affidavit by the
person entitled to enforce the order, be removed into the High Court
by direction of the registrar of the district court, if he is satisfied that
the order cannot conveniently be enforced in the district court.

(2) Where an order is so removed, it shall have the same force
and effect and the same proceedings may be taken on it as if it were
an order of the High Court.

APPLICATIONS RELATING TO CHILDREN

92. (1) Subject to paragraph (2), an application for an order
relating to the custody or education of a child, or for an order
providing for his supervision under section 48 of the Ordinance shall
be made to a judge.

(2) An application by the petitioner or the respondent for-

(a)an order in terms agreed between the parties relating to the
custody or education of a child, or

(b)access to a child where the other party consents to give
access and the only question for determination is the extent
to which access is to be given,

may be made to the registrar who may make such order on the
application as he thinks fit or may refer the application or any
question arising thereon to ajudge for his decision.

(3) Without prejudice to the right of any other person entitled
to apply for an order as respects a child, the guardian of any child
of the family and any other person who, by virtue of an order of
a court, has the custody or control of such a child or his care
or supervision in pursuance of section 48 of the Ordinance may,
without obtaining leave to intervene in the cause, apply by summons
for such an order as is mentioned in paragraph (1).

(4) If on any application to ajudge relating to a child there is a
dispute as to the care and control of, or access to, the child, then,
without prejudice to his powers under rules 39(5) and 41, the judge
may refuse to admit any affidavit unless the party by whom or on
whose behalf it was made is available at the hearing to give oral
evidence and (where the cause or the application is proceeding in the
High Court) a writ of subpoena to compel the attendance 'of a
witness for the purpose of the application may issue in accordance





with rule 42 without the production of the note from a judge or
registrar mentioned in R.S.C. Order 32, rule 7.
(5) Where an affidavit filed for use in proceedings to which this
rule applies contains an allegation of adultery or of an improper
association with a named person, then, unless otherwise directed, it
shall be indorsed with a notice in Form 20 and a copy of the
affidavit, or of such part thereof as the court may direct, indorsed as
aforesaid, shall be served on that person by the person who files the
affidavit, and the person against whom the allegation is made shall
be entitled to intervene in the proceedings by applying for directions
under paragraph (7) within 8 days of service of the affidavit on him,
inclusive of the day of service.
(6) Rule 49(4) shall apply to a person served with an affidavit
under paragraph (5) of this rule as it applies to a co-respondent.
(7) The court may at any stage of the proceedings give
directions as to the filing and service of pleadings and as to the
further conduct of the proceedings.

93. An application by the Director of Social Welfare under
section 48 of the Ordinance for the variation or discharge of an
order made under that section or for directions as to the exercise of
the powers of the Director under the order may, in case of urgency
or where the application is unlikely to be opposed, be made by letter
addressed to the court and the Director shall, if practicable, notify
any interested party of the intention to make the application.

94. (1) Subject to rule 97(2), an application for leave to
remove a child permanently out of Hong Kong shall be made to a
judge unless the application is unopposed, in which case it may be
made to the registrar.
(2) In any case begun by petition the petitioner or the respond-
ent may apply at any time for an order prohibiting the removal of
any child of the family under 18 out of Hong Kong or out of the
custody, care or control of any person named in the application
without the leave of the court except on such terms as may be
specified in the order. Unless otherwise directed, an application
under this paragraph may be made ex parte.

95. (1) A judge or the registrar may at any time refer to the
Director of Social Welfare for investigation and report any matter
arising in matrimonial proceedings which concerns the welfare of a
child.
(2) Without prejudice to paragraph (1), any party to an
application to which rule 92 applies may, before the application is
heard, request the registrar to call for a report from the Director of
Social Welfare on any matter arising on the application, and if the
registrar is satisfied that the other parties to the application consent
and that sufficient information is available to enable the officer to
carry out the investigation, the registrar may refer the matter to the
Director for investigation and report before the hearing.





(3) Where a reference is made under this rule-

(a) the Director of Social Welfare may inspect the court file;

(b)after completing his investigation, the Director shall file his
report and the registrar shall thereupon notify the parties that
they may inspect it and may bespeak copies on payment of
the prescribed fee;

(c)the registrar shall give notice to the Director of the date of
hearing of the application or other proceeding.

96. If, at the time when an application relating to a child is made in
any cause, any proceedings relating to the same child and brought after
the cause was begun are pending in the High Court, the district court or
a magistrates' court, the applicant shall file a statement of the nature of
these proceedings when he makes his application.

97. [Revoked, L.N. 3251821

OTHER
APPLICATIONS

98. (1) Every application under section 8 of the Matrimonial
Proceedings and Property Ordinance shall be made by originating
application, which must, unless otherwise directed, contain the
information required by Form 14.

(2) The application may be made to any district court and there
shall be filed with the application an affidavit by the applicant verifying
the statements in the application.

(3) The applicant shall serve a sealed copy of the application with a
copy of the affidavit referred to in paragraph (2) and a notice in Form
15with Form 4 attached, annexed to it, on the respondent.

(4) If the registrar does not consider it practicable to fix a day for
the hearing of the application at the time when it is issued, he may do so
subsequently and in that case he shall forthwith give notice of the day
to all parties.

(5) Within 14 days after the time limited for giving notice of
intention to defend, the respondent shall, if he intends to contest the
application, file an answer setting out the grounds on which he relies
(including any allegation which he wishes to make against the
applicant), and shall in any case, unless otherwise directed, file an
affidavit containing full particulars of his property and income, and shall
serve a copy of the answer, if any, and of the affidavit on the applicant.





(6) Where an answer is filed alleging adultery, the alleged adulterer
shall be made a party cited and shall be served with a copy of the
answer, and rules 12(6) and 14 shall apply with the necessary
modifications as if the answer were a petition and the party cited were a
co-respondent.

(7) A party cited who wishes to defend all or any of the charges
made against him shall, within 21 days after the time limited for giving
notice of intention to defend, file an answer to the affidavit, and shall
serve a copy of the answer on the respondent.

(8) If the respondent does not file an affidavit in accordance with
paragraph (5), the court may order him to file an affidavit containing full
particulars of his property and income, and the registrar shall serve a
copy of any such affidavit on the applicant.

(9) Within 14 days after being served with a copy of any answer
filed by the respondent the applicant may file a reply, and if he does so
he shall serve a copy on the respondent and on any party cited in the
respondent's answer.

(10) Within 14 days after being served with a copy of the
respondent's affidavit the applicant may file a further affidavit as to
means and as to any fact stated in the respondent's affidavit which he
wishes to dispute, and if he does so he shall serve a copy on the
respondent.

No further affidavit shall be filed without leave.

(11) [Deleted, L.N. 781861

99. An application under rule 98 shall be heard by ajudge who may
make such order as he thinks just.

100. (1) An application under section 15 of the Matrimonial
Proceedings and Property Ordinance for the alteration of a maintenance
agreement shall be made by originating application containing, unless
otherwise directed, the information required by Form 16.

(2) The application may be filed in any district court.

(3) There shall be filed with the application an affidavit by the
applicant exhibiting a copy of the agreement and verifying the
statements in the application.

(4) The applicant shall serve a sealed copy of the application, with a
copy of the affidavit referred to in paragraph (3) and a notice in Form
15with Form 4 attached, annexed to it, on the respondent.

(5) The respondent shall, within 14 days after the time limited for
giving notice of intention to defend, file an affidavit in answer to





the application containing full particulars of his property and
income, and if he does not do so, the court may order him to file an
affidavit containing such particulars.

(6) A respondent who files an answer under paragraph (5)
shall at the same time serve a copy thereof on the applicant.

(7) [Deleted, L.N. 3251821

(8) Subject to the provisions of this rule, these rules shall, so
far as applicable, apply with the necessary modifications to an
application under section 15 of the Matrimonial Proceedings and
Property Ordinance as if the application were a cause, the originat-
ing application a petition and the applicant the petitioner.

101. (1) An application under section 16 of the Matrimonial
Proceedings and Property Ordinance for the alteration of a mainte-
nance agreement after the death of one of the parties shall be made
by originating summons in Form 17.

(2) The summons shall be filed in the registry.

(3) There shall be filed in support of the summons an affidavit
by the applicant exhibiting a copy of the agreement and an official
copy of the grant of representation to the deceased's estate and of
every testamentary document admitted to proof and stating-

(a) whether the deceased died domiciled in Hong Kong;

(b)the residence of the parties to the agreement immediately
before the death and, unless both parties were then resident
in Hong Kong, the domicile of the applicant at that time;

(c)the place and date of the marriage between the parties to
the agreement and the name and status of the wife before
the marriage;

(d)the name of every child of the family and of any other child
for whom the agreement makes financial arrangement,
and-
(i) the date of birth of each such child who is still living
(or, if it be the case, that he has attained 21), and the place
where and the person with whom any such minor child is
residing;
(ii) the date of death of any such child who has died
since the agreement was made;

(e)whether there have been in any court any, and if so what,
previous proceedings with reference to the agreement or to
the marriage or to the children of the family or to any other
children for whom the agreement makes financial arrange-
ments, and the date and effect of any order or decree
made in such proceedings;

(f) the applicant's means;





(g)the facts alleged by the applicant as justifying an alteration in
the agreement and the nature of the alteration sought;

(h)if the application is made after the end of the period of 6
months from the date on which representation in regard to the
deceased's estate was first taken out, the grounds on which
the court's permission to entertain the application is sought.

(4) The applicant shall serve a sealed copy of the summons with a
copy of the affidavit in support and an acknowledgement of service in
Form 4 annexed to it on every respondent.

(5) [Deleted, L.N. 78186]

102. (1) Without prejudice to his powers under R.S.C. Order 15
(which deals with parties and other matters), the registrar may at any
stage of the proceedings direct that any person be added as a
respondent to an application under the last foregoing rule.

(2) R.S.C. Order 15, rule 13 (which enables the court to make
representation orders in certain cases), shall apply to the proceedings as
if they were mentioned in paragraph (1) of the said rule 13.

(3) A respondent who is a personal representative of the deceased
shall, within 14 days after the time limited for giving notice of intention
to defend, file an affidavit in answer to the application stating

(a)full particulars of the value of the deceased's estate for
probate, after providing for the discharge of the funeral,
testamentary and administration expenses, debts and liabilities
payable thereout, including the amount of the estate duty and
interest thereon;

(b)the person or classes of persons beneficially interested in the
estate (giving the names and addresses of all living
beneficiaries) and the value of their interests so far as
ascertained; and

(c)if such be the case, that any living beneficiary (naming him) is
a minor or a patient within the meaning of rule 105.

(4) If a respondent who is a personal representative of the deceased
does not file an affidavit stating the matters mentioned in paragraph (3),
the registrar may order him to do so.

(5) A respondent who is not a personal representative of the
deceased may, within 14 days after the time limited for giving notice of
intention to defend, file an affidavit in answer to the application.

(6) Every respondent who files an affidavit in answer to the
application shall at the same time serve a copy thereof on the applicant.

(7) [Deleted, L.N. 325182]

(8) Rules 76, 77(4) to (7), 80 (10) and 81(1) and (2) shall apply with
the necessary modifications to an application under section 16 of the
Matrimonial Proceedings and Property Ordinance as if it were an
application for ancillary relief.





(9) Subject to the provisions of this rule, these rules shall, so
far as applicable, apply with the necessary modifications to an
application under section 16 of the Matrimonial Proceedings and
Property Ordinance as if the application were a cause, the originat-
ing summons a petition and the applicant the petitioner.

103. (1) An application under section 38 of the Ordinance by
the former spouse of a deceased person for an order that reasonable
provision for his or her maintenance be made out of the net estate of
the deceased shall be made by originating summons in Form 18.
(2) There shall be filed in support of the summons an affidavit
by the applicant exhibiting an official copy of the grant of represen-
tation to the deceased's estate and of every testamentary document
admitted to proof and stating-
(a) the residence of the applicant;
(b)the place and date of the marriage between the applicant
and the deceased and the name and status of the wife
before the marriage;
(c) the name of any child of the family and-
(i) the date of birth of each such child who is still living
(or, if such be the case, that he has attained 21), and the
place where and the person with whom any such infant
child is residing,
(ii) the date of death of any such child who has died
since the marriage was dissolved or annulled;
(d)particulars of all previous proceedings with reference to the
marriage or the children of the family, and the date and
effect of any order or decree made in those proceedings;
(e)whether any application was made or deemed to be made
by the applicant during the lifetime of the deceased-
(i) where the applicant is a former wife of the deceased,
for such an order as is mentioned in section 28(1) of the
Ordinance, or that subsection as applied by section 31;
(ii) where the applicant is a former husband of the
deceased, for such an order as could be made either under
the said section 28(1) as applied by subsection (3) of that
section or under section 29(2) of the Ordinance,
and, if so, the date and effect of the order (if any) made on
any such application, or (if no such application was made
by the applicant or such an application was made by the
applicant and no order was made on the application) the
reasons why no such application or order was made, in so
far as they are within the applicant's knowledge or belief;
the date of the deceased's death and whether he died
domiciled in Hong Kong;
(g) the applicant's means;
(h)the nature of the provision which the applicant desires to be
made for his or her maintenance out of the deceased's estate;





(i) that the applicant has not remarried;

(j)if the application is made after the end of the period of 6
months from the date on which representation in regard to the
deceased's estate was first taken out, the grounds on which
the court's permission to entertain the application is sought.

(3) The procedure on an application to which this rule applies shall
be the same as on an application to which rule 101 applies and paragraph
(4) of that rule and rule 102 shall apply accordingly with any necessary
modifications.

(4) On the hearing of the application the personal representatives
shall produce to the judge the grant of representation to the deceased's
estate and, if an order is made, the grant shall remain in the custody of
the court until a memorandum of the order has been endorsed thereon or
permanently affixed thereto.

DISABILITY

105. (1) In this rule-

'mentally disordered person' has the same meaning as in the Mental
Health Ordinance;

'person under disability' means a person who is a minor or a mentally
disordered person.

(2) A person under disability may begin and prosecute any
matrimonial proceedings by his next friend and may defend any such
proceedings by his guardian ad litem and, except as otherwise provided
by this rule, it shall not be necessary for a guardian ad litem to be
appointed by the court.

(3) No person's name shall be used in any proceedings as next
friend of a person under disability unless he is the Crown Solicitor or the
documents mentioned in paragraph (7) have been filed.

(4) Where a person entitled to defend any matrimonial proceedings
is a mentally disordered person, then

(a)the Crown Solicitor shall, if he consents, be the patient's
guardian ad litem, but at any stage of the proceedings an
application may be made, on not less than 4 days' notice to the
Crown Solicitor, for the appointment of some other person as
guardian;

(b)in any other case, an application may be made on behalf of the
mentally disordered person for the appointment of a guardian
ad litem;

and there shall be filed in support of any application under this
paragraph the documents mentioned in paragraph (7).

(5) Where a petition, answer, originating application or origihating
summons has been served on a person whom there is reasonable ground
for believing to be a person under disability and no notice of intention to
defend has been given, or answer or





affidavit in answer filed, on his behalf, the party at whose instance the
document was served shall, before taking any further step in the
proceedings, apply to a court for directions as to whether a guardian ad
litem should be appointed to act for that person in the cause, and on
any such application the court may, if it considers it necessary in order
to protect the interests of the person served, order that some proper
person be appointed his guardian ad litem.

(6) No notice of intention to defend shall be given, or answer or
affidavit in answer filed, by or on behalf of a person under disability
unless the person giving the notice or filing the answer or affidavit

(a)is the Crown Solicitor or, in a case to which paragraph (4)
applies, is the Crown Solicitor or has been appointed by the
court to be guardian ad litem; or

(b)in any other case, has filed the documents mentioned in
paragraph (7).

(7) The documents referred to in paragraphs (3), (4) and (6) are

(a)a written consent to act by the proposed next friend or
guardian ad litem; and

(b)a certificate by the solicitor acting for the person under
disability

(i) that he knows or believes that the person to whom the
certificate relates is a minor or a mentally disordered person
stating (in the case of a mentally disordered person) the
grounds of his knowledge or belief, and

(ii) that the person named in the certificate as next friend or
guardian ad litem has no interest in the cause or matter in
question adverse to that of the person under disability and
that he is a proper person to be next friend or guardian.

106. (1) Where a document to which rule 6(3)(b) or 14 applies is
required to be served on a person under disability within the meaning of
the last foregoing rule, it shall be served

(a)in the case of a minor who is not also a mentally disordered
person, on his father or guardian or, if he has no father or
guardian, on the person with whom he resides or in whose
care he is;

(b) in the case of a mentally disordered person-

(i) on the Committee (if any) appointed under section 11 of
the Mental Health Ordinance, or

(ii) if there is no Committee so authorized, on the Crown
Solicitor if he has consented under rule 105(4) to be the
guardian ad litem of the patient, or

(iii) in any other case, on the person with whom the
mentally disordered person resides or in whose care he is:'

Provided that the court may order that a document which has been,
or is to be, served on the person under disability or on a per





son other than one mentioned in sub-paragraph (a) or (b) shall be
deemed to be duly served on the person under disability.

(2) Where a document to which rule 14 applies is served in
accordance with paragraph (1), it shall be endorsed with a notice in
Form 19; and after service has been effected the person at whose
instance the document was served shall, unless the Crown Solicitor is
the guardian ad litem of the person under disability or the court
otherwise directs, file an affidavit by the 'person on whom the
document was served stating whether the contents of the document
were, or its purport was, communicated to the person under
disability and, if not, the reasons for not doing so.

107. (1) Where a petition for nullity of marriage has been
presented on the ground that the respondent at the time of the
marriage was of unsound mind or suffering from mental disorder of
such a kind or to such an extent as to be unfitted for marriage and
the procreation of children, or was subject to recurrent attacks of
insanity or epilepsy, then, whether or not the respondent gives notice
of intention to defend, the petitioner shall not proceed with the cause
without the leave of the court.

(2) The court by which an application for leave is heard may
make it a condition of granting leave that some proper person be
appointed to act as guardian ad litem of the respondent.

108. (1) Without prejudice to rule 72, if in any matrimonial
proceedings it appears to the court that any child ought to be
separately represented, the court may-

(a)of its own motion, appoint the Crown Solicitor if he
consents, or

(b)on the application of any other proper person, appoint that
person, to be guardian ad litem of the child with authority
to take part in the proceedings on the child's behalf.

(2) The applicant for an order under paragraph (1)(b) shall, on
making the application, file a certificate by a solicitor certifying that
the person named in the certificate as the proposed guardian ad litem
has no interest in the proceedings adverse to that of the child and
that he is a proper person to be such guardian.

PROCEDURE: GENERAL

109. (1) Any document in matrimonial proceedings may be
served out of Hong Kong without leave either in the manner
prescribed by these rules or where the proceedings are pending
in the High Court or in a district court, in accordance with R.S.C.
Order 11, rules 5 and 6 (which relate to the service of a writ
abroad).





(2) Where the document is served in accordance with R.S.C. Order
11, rules 5 and 6, those rules and rule 8 of the said Order 11 (which deals
with the expenses incurred by the Chief Secretary) shall have effect in
relation to service of the document as they have effect in relation to
service of notice of a writ, except that the official certificate of service
referred to in paragraph (5) of the said rule 5 shall, if the document was
served personally, show the server's means of knowledge of the identity
of the person served.

(3) Where a petition is to be served on a person out of Hong Kong.
then

(a)the time within which that person must give notice of
intention to defend shall be determined having regard to the
practice adopted under R.S.C. Order 11, rule 4(4) (which
requires an order for leave to serve a writ out of the
jurisdiction to limit the time for appearance). and the notice in
Form 3 shall be amended accordingly;

(b)if the petition is to be served otherwise than in accordance
with R.S.C. Order 11, rules 5 and 6, and there is reasonable
ground for believing that the person to be served does not
understand English, the petition shall be accompanied by a
translation, approved by the court, of the notice in Form 3, in
the official language of the country in which service is to be
effected or, if there is more than one official language of that
country, in any one of those languages which is appropriate
to the place where service is to be effected:

Provided that this sub-paragraph shall not apply in
relation to a document which is to be served in a country in
which the official language, or one of the official languages, is
English.

(4) Where a document specifying the date of hearing of any
proceedings is to be served out of Hong Kong, the date shall be fixed
having regard to the time which would be limited under paragraph (3)(a)
for giving notice of intention to defend if the document were a petition.

110. Where a document is required by these rules to be sent to any
person, it shall, unless otherwise directed, be sent by post to

(a) if a solicitor is acting for him, the solicitor's address;

(b)if he is acting in person, the address for service given by him
or, if he has not given an address for service, his last known
address, but if in the opinion of the court the document would
be unlikely to reach him if sent to that address, the court may
dispense with sending the document to him.





111. (1) Where any document is required to be served on a party in
any matrimonial proceeding--

(a)personal service shall in no case be effected by the petitioner
on the respondent or by the respondent on the petitioner;

(b)subject to sub-paragraph (c), unless otherwise directed, if no
other mode of service is prescribed or ordered, service shall be
effected

(i) if a solicitor is acting for the person to be served, by
leaving the document at, or sending it by post to, the
solicitor's address;

(ii) if the person to be served is acting in person, subject to
sub-paragraph (a), by delivering the document to him or by
leaving it at, or sending it by post to, the address for service
given by him, or if he has not given an address for service, his
last known address;

(c)in a case to which sub-paragraph (b)(ii) applies, if it appears to
the court that it is impracticable to deliver the document to the
person to be served and that, if the document were left at, or
sent by post to, the address specified in that sub-paragraph, it
would be unlikely to reach him, the court may dispense with
service of the document.

(2) Where the document required to be served under paragraph (1)
is an order, paragraph (1) is without prejudice to the provisions of any
other rule or enactment for the purpose of which an order is required to
be served in a particular way.

(3) Where a decree or order requires a person to do or abstain from
doing an act, the copy required by R.S.C. Order 45, rule 7 to be served on
the person mentioned in those rules may either, subject to paragraph
(1)(a), be served on him personally or be delivered to his solicitor.

112. (1) Where service has been effected under these rules of any
document in respect of which

(a)the return of an acknowledgement of service to the registry by
the person served is not required; or

(b)an acknowledgement of service is required to be returned to
the registry but is not so returned within the time limited for
filing notice of intention to defend,

due service shall be proved by filing an affidavit of service, the contents
of which shall be in accordance with R.S.C. Order 65, rule 8.

(2) Paragraph (1) shall not be taken or construed to the prejudice of
the provisions of rule 14(5) and (6) whereby a petition is deemed to be
served, the provisions of rule 14(7) relating to proof of service of a
petition, or the provisions of rule 106 relating to proof of service on a
person under a disability.





113. Subject to the provisions of these rules, any time period fixed
by or by virtue of these rules for

(a) taking any step in any proceeding

(b) filing or lodging any document; or

(c) giving any notice,

may be extended or abridged by the court on application of any party or
by consent of the parties given in writing:

Provided that no extension of time shall be granted under this rule
on application unless such application is made before the expiration of
the time period fixed under these rules or any extension thereof granted
under this rule.

114. Except where these rules, or any rules applied by these rules,
otherwise provide, every application in matrimonial proceedings shall be
made to a court and shall be made by summons.

116. (1) Any party may appeal from a judgment or final decision made
or given by the registrar of a district court in matrimonial proceedings
pending in a district court to a judge on notice filed within 5 days after
the order or decision was made or given and served not less than 2 clear
days before the day fixed for hearing of the appeal, which shall be heard
in chambers unless the judge otherwise orders.

(2) Except so far as may be otherwise ordered, an appeal under
paragraph (1) shall not operate as a stay of proceedings on the order or
decision appealed against.

117. R.S.C. Order 3 rule 6 (which requires a party to give notice of
intention to proceed after a year's delay), shall not apply to any
matrimonial proceedings pending in the High Court.

118. Where the file of any matrimonial proceedings has been sent
from one district court to another for the purpose of a hearing or for
some other purpose, any document needed for that purpose and
required to be filed shall be filed in the other court.

119. Unless otherwise directed, any notice which is required by
these rules to be given to any person shall be in writing and, if it is to be
given by the registrar, shall be given by post.

120. Where any cause or application is ordered to be transferred from
one court to another, the registrar of the first-mentioned court shall,
unless otherwise directed, give notice of the transfer to the parties and
send a copy of the notice and (except in a case to which rule 124(2)
applies) the file of the proceedings to the registrar of the other court.





MISCELLANEOUS

121. (1) A party to any matrimonial proceedings or his solicitor or the
Queen's Proctor may have a search made for, and may inspect and
bespeak a copy of, any document filed or lodged in the registry in those
proceedings.

(2) Except as provided by rules 47A(3) and 95(3) and paragraph (1)
of this rule, no document filed or lodged in the registry, other than a
decree or order made in open court, shall be open to inspection by any
person without leave of the court, and no copy of any such document,
or of an extract from any such document, shall be taken by, or issued to,
any person without such leave.

122. The Chief Justice and the registrar may issue directions for the
purpose of securing in the district courts due observance of statutory
requirements and uniformity of practice in matrimonial proceedings.

123. [Had its effect]

124. (1) A petition under section 49 of the Ordinance shall, in
addition to stating the grounds on which the petitioner relies, set out the
date and place of birth of the petitioner and the maiden name of his
mother, and, if the petitioner is known by a name other than that which
appears in the certificate of his birth, that fact shall be stated in the
petition and in any decree made thereon.

(2) The petition shall be supported by an affidavit by the petitioner
verifying the facts of which he has personal knowledge and deposing as
to his belief in the truth of the other facts. The affidavit shall be
contained in the same document as the petition and shall follow at the
foot or end thereof.

(3) When the petition has been filed, notice of filing shall be given
by the petitioner to the Crown Solicitor, who may within 8 days enter an
appearance to the petition.

(4) After the expiration of the time. limited for appearance by the
Crown Solicitor, the petitioner shall issue and serve upon the Crown
Solicitor an application for directions as to what parties other than the
Crown Solicitor shall be served with the petition. Such application shall
be supported by an affidavit setting out particulars of all persons whose
interests may be affected by the legitimation of the petitioner, and their
relationship to the petitioner.

(5) The petitioner shall serve the persons directed to be served with
a copy of the petition, endorsed with a notice of proceedings in
accordance with Form 3, a form of acknowledgment of service in





accordance with Form 4. Service shall be effected and proof of service
shall be given in the manner provided for by rules 14 and 15 in the case
of service of a copy of a petition on a respondent. Such persons on filing
an answer shall send a copy of the answer to the petitioner or his
solicitor and to the Crown Solicitor.

(6) The Crown Solicitor shall, within 14 days after the order for
directions has been made, file his answer to the petition and deliver a
copy thereof to the petitioner or his solicitor.

(7) Where it appears that more than one petition has been filed on
behalf of petitioners claiming to be children of the same father and
mother, the Crown Solicitor may, on giving notice to the petitioner or his
solicitor in each proceeding which it is sought to consolidate, apply at
any time after he has entered an appearance for an order that the
proceedings be consolidated.

125. [Revoked, L.N. 1631741

126. (1) These rules shall apply to matrimonial proceedings which
are pending when these rules come into operation, subject to such
modifications as in the opinion of the court the circumstances may
require.

(2) [Revoked, L.N. 3251821

126A. (1) These rules, as amended by the Matrimonial Causes
(Amendment) Rules 1982, shall apply to matrimonial proceedings which
are pending when the Matrimonial Causes (Amendment) Rules 1982
come into operation.

(2) Any cause begun by petition which is pending in the High
Court and in respect of which the hearing of evidence has not
commenced when the Matrimonial Causes (Amendment) Rules 1982
come into operation shall be transferred to the district court, unless any
party applies for the cause to be continued in the High Court.

126B. (1) Subject to paragraph (2), these rules shall continue to
apply to and in relation to proceedings commenced, and orders and
decrees made, prior to the commencement of the Matrimonial Causes
(Amendment) (No. 2) Rules 1986 (the amending rules) as if the
amending rules had not been made.

(2) The amendments effected by the amending rules in so far as
they affect decrees and orders shall apply to and in relation to any
decree or order made after the commencement of the amending rules
notwithstanding that the proceedings in which such decree or order is
made was commenced prior to the commencement of the amending rules.





126C. Nothing in the Matrimonial Causes (Amendment) Rules 1987
(the amending rules) shall affect any application for transfer of a cause
or application to the High Court made under these rules before the
commencement of the amending rules and any such application shall be
continued and disposed of as if the amending rules had not been made.

127. The rules in force immediately before the commencement of the
Matrimonial Causes (Amendment) Rules 1972 shall continue to apply to
such extent as may be necessary for giving effect to the savings and
transitional provisions in the Ordinance and in the Matrimonial
Proceedings and Property Ordinance.

APPENDIX

FORMS

FORM 1 [Rule 5(3).]

Notice of Application under Rule 5

In the District Court of Hong Kong held at

No. of
Matter

(Seal)

In the Matter of a proposed petition for dissolution of marriage

Between Applicant
and Respondent

TAKE NOTICE that an application has been made by the above-named
Applicant for leave to present a petition for dissolution of his [her] marriage with
you before the expiration of the period of three years from the date of the said
marriage. If the application is undefended, it will be heard at

District Court [insert address of court] on the day of

19 at o'clock, and if you do not attend at that time and place, such
order will be made as the Court thinks just.

A sealed copy of the application and a copy of the affidavit to be used in
support of the application is delivered with this notice.

You must complete and detach the acknowledgment of service and send it so as
to reach the Court within 8 days after you receive this notice, inclusive of the day
of receipt. Delay in returning the form may add to the costs. If you intend to
instruct a solicitor to act for you, you should at once give him all the documents
which have been served on you, so that he may send the acknowledgment to the
Court on your behalf.

Dated this day of 19

Registrar.

To the Respondent





FORM 2 [Rule 9(2).]

General Form of Petition

In the District Court of Hong Kong held at

No. of
Matter

THE PETITION OF SHOWS THAT-

(1) On the day of 19 the
petitioner was lawfully married to

(hereinafter called the
respondent) at

(2) The petitioner and the respondent have cohabited at [state the last address
at which they have cohabited in Hong Kong] [or The petitioner and the
respondent have not cohabited in Hong Kong].

(3) Both the petitioner and the respondent are domiciled in Hong Kong [or as
the case may be]; the petitioner is a [state occupation] and resides at

and the respondent is a [state
occupation] and resides at

(4) There is [are] [no [or state number] children of the family now living]
[namely [state the name of each child and his date of birth or, if it be the case, that
he is over 18 and, in the case of each minor child over the age of 16, whether he is
receiving instruction at an educational establishment or undergoing training for a
trade, profession or vocation] ].

(5) [In the case of a husband's petition] No other child now living has been
born to the respondent during the marriage so far as is known to the petitioner [or
in the case of a wife's petition] No other child now living has been born to the
petitioner during the marriage [except [state the name of any such child and his
date of birth, or if it be the case, that he is over 18]

(6) [Where there is a dispute whether a child is a child of the family The petitioner
alleges thatis [not] a child of the family because give full particulars
of the facts relied on by the petitioner in support of his or her allegation that the
child is
or, as the case may be, is not, a child of the family].

(7) [Where appropriate in the case of a child who is under 181 The said
was, on the day of 19 1

received into the care of [or is a child with respect to whom a resolution was, on the

day of 19 passed by] [name of local
authority].

(8) [Where an application is made in the petition for an order for the support of
a
child of whom the respondent is not a parent] The respondent assumed responsibility
for
the maintenance of the said to the following extent and for
the following time namely [give details]. There is no other person liable to maintain
the said child [except I.

(9) There have been no previous proceedings in any court in Hong Kong or
elsewhere with reference to the marriage [or to any children of the family] [except
[state the nature of the proceedings the date and effect of any decree or order and,
in the case of proceedings with reference to the marriage, whether there has been






any resumption of cohabitation since the making of the decree or order] ].

(10) The following [or No] agreement or arrangement has been made or is
proposed to be made between the parties for the support of the respondent [and the
said children] [namely [state details] 1.

(11) [In the case of a petition for divorce alleging only any such fact as is
mentioned in section 11A(1) (e) of the Ordinance] The petitioner proposes, if a
decree nisi is granted, to make the following financial provision for the respondent
[give details of any proposal not mentioned in paragraph (10)] [or The petitioner
makes no proposals for financial provision for the respondent in the event of a
decree nisi being granted].

(12) [In the case of a petition for divorce] The said marriage has broken down
irretrievably.

(13) The respondent has committed adultery with and the

petitioner finds it intolerable to live with the respondent [or The respondent has
behaved in such a way that the petitioner cannot reasonably be excepted to live with
the respondent] [or The respondent has deserted the petitioner for a continuous





period of at least two years immediately preceding the presentation of this petition]
[or The parties to the marriage have lived apart for a continuous period of at least
two years immediately preceding the presentation of this petition and the
respondent consents to a decree being granted] [or The parties to the marriage have
lived apart for a continuous period of at least five years immediately preceding the
presentation of the petition] [or, where the petition is not for divorce or judicial
separation, set out the ground on which relief is sought, and in any case state with
sufficient particularity the facts relied on but not the evidence by which they are to
be proved].

(14) [In the case of a petition for nullity] This petition is not presented or
prosecuted in collusion with the respondent.

The petitioner therefore prays-

(1) That the said marriage may be dissolved [or as the case may be].

(2) That he [she] may be granted the custody of [state name[s] of the
child[ren] and add any application for a declaration under section 19(3) of the
Matrimonial Proceedings and Property Ordinance].

(3) [Where appropriate] That may be ordered
to pay the costs of this suit.

(4) That he [she] may be granted the following ancillary relief, namely [state
particulars of any application for ancillary relief which it is intended to claim].

The names and addresses of the persons who are to be served with this petition
are [give particulars, stating if any of them is a person under disability].

The petitioner's address for service is [Where the petitioner sues by a solicitor,
state the solicitor's name or firm and address, or, where the petitioner sues in
person, state his place of residence as given in paragraph (3) of the petition or, if
no place of residence in Hong Kong is given, the address of a place in Hong Kong
at or to which documents for him may be delivered or sent].

Dated this day of 19

Note: Under the Matrimonial Causes Rules further information is required in certain cases.

FORM 2A [Rule 12.1

Certificate with Regard to Reconciliation

[Heading as in Form 31

the solicitor acting for the
petitioner in the above cause do hereby certify that 1 have [or have not] discussed
with the petitioner the possibility of a reconciliation and that 1 have [or have not]
given to the petitioner the names and addresses of persons qualified to help effect a
reconciliation.

Dated this day of 19

Signed

Solicitor for the
Petitioner.

FORM 2B [Rule 9(3).]

Statement as to Arrangements for Children

[Headings as in Form 31







The present arrangements for the minor children of the family under 16 and
those over 16 who are receiving instruction at an educational establishment or
undergoing training for a trade, profession or vocation are as follows





[State in respect of each child]

(i) residence [state where the, child is living and who is at present responsible
for his care and upbringing]

(ii) education etc. [state the school or other educational establishment which
the child is attending or, if he is working, his place of employment, the
nature of his work and details of any training he is receiving]

(iii) financial provision [state who is supporting the child or contributing to his
support and the extent thereof)

(iv) access [state any arrangements which have been agreed for access by
either of the parties and the extent to which access is and has been
afforded]

The arrangements proposed for the children in the event of a decree being
granted are as follows

(i) residence

(ii) education etc.

(iii) financial provision

(iv) access

[In each of these paragraphs state whether the grant of a decree will affect the
present arrangements set out above, whether it is proposed that those arrangements
should continue, and if not, and to the extent that they are likely to alter, state what
alteration is anticipated and what proposals in substitution are proposed. In the
case of residence, where it is proposed that for any period a child should be in the
immediate care of a person other than the petitioner, give details of that person's
willingness and ability to care for the child. In the case of education state, if
possible, any long-term proposals for further education or training. In the case of
financial provision give details of any application which will be made for ancillary
relief in respect of the children and, where applicable, state the object of any
application which is other than for the day-to-day support of the child.]

The said child[ren] is [are] [not] suffering from [any] serious disability or
chronic illness or from the effects of [any] serious illness [namely [state, in respect
of each child so suffering, the nature of the disability or illness and attach a copy of
any up-to-date medical report which is available] 1.

The said child[ren] is [axe] [not] under the supervision of a probation officer,
children's officer or welfare officer or organization [namely [state the date of any
order for supervision and the circumstances which gave rise to its being made]

Dated this day of 19

Signed

Petitioner.

FORM 3 [Rule 12(6).]

Notice of Proceedings

In the District Court') of Hong Kong held at

No. of
Matter

Between Petitioner
and Respondent






[and Co-Respondent]

TAKE NOTICE that a petition [for divorce)(2) has been presented to the
Court. A copy of it [and a copy of the petitioner's proposals regarding the
child[ren] [is] [are] delivered with this notice.

1. You must complete and detach the acknowledgment of service and send it
so as to reach the Court within 8 days after you receive this notice, inclusive of the
day of receipt. Delay in returning the form may add to the costs.





2. (3)If you wish to do so, you may send to the court a statement setting out
your views on the proposals regarding the children. If you send a statement it will
be placed before the Judge dealing with the arrangements for the child[ren] and a
copy of your statement will be sent to the petitioner.

3. If the reply to Question 4 [5 or 61 (3) in the acknowledgment is Yes, you
must, within 29 days after you receive this notice, inclusive of the day of receipt,
file in the Court office an answer to the petition(2), together with a copy for every
other party to the proceedings.

4. (3If the reply to Question 5 in the acknowledgment is Yes, the
consequences to you are that

(a)provided the petitioner establishes the fact that the parties to the
marriage have lived apart for two years immediately preceding the
presentation of the petition and that you consent, a decree will be granted
unless, in the case of a petition for divorce, the Court is satisfied that the
marriage has not broken down irretrievably;

(b)your right to inherit from the petitioner if he or she dies without having
made a will ceases on the grant of a decree of judicial separation or on a
decree nisi of divorce being made absolute;

(c)in the case of divorce the making absolute of the decree will end the
marriage thereby affecting any right to a pension which depends upon the
marriage continuing or upon your being left a widow; will cease unless the
court directs otherwise during the subsistence of the marriage;

(d)apart from the consequences listed above there may be others applicable
to you depending on your particular circumstances. About these you should
obtain legal advice from a solicitor.

5. (3 If after consenting you wish to withdraw your consent you must
immediately inform the court and give notice to the petitioner.

6. (3 )The only fact on which the petitioner relies in support of the petition is
that the parties to the marriage have lived apart for at least 5 years. Section 17A of
the Ordinance provides that if in such a case the respondent applies to the Court
for it to consider the respondent's financial position after the divorce, the decree
nisi cannot be made absolute unless the Court is satisfied that the petitioner has
made or will make proper financial provision for the respondent, or else that the
petitioner should not be required to make any financial provision for the
respondent. Paragraph (11) of the petition will tell you whether the petitioner
proposes to make any financial provision for you. It is important that you should
consider this information carefully before answering Question 7 in the
acknowledgment.

7. If the reply to Question 7 in the acknowledgment is Yes, you must, before
the decree is made absolute, make application to the Court by filing and serving on
the petitioner a notice in Form 8A, which may be obtained from the Court.

8. If you intend to instruct a solicitor to act for you, you should at once give
him all the documents which have been served on you, so that he may send the
acknowledgment to the Court on your behalf. If you do not intend to instruct a
solicitor, you should nevertheless give an address for service in the acknowledgment
so that any documents affecting your interests which are sent to you will in fact
reach you. Change of address should be notified to the Court.

Dated this day of 19

To




Form 4

1 Have you received the originating application [or
summons] [and copy of

12) Or as the case may the supporting affidavit] [or the petition for
[divorcel(2)l delivered with this form?
be.





2. On what date and at what address did you receive it?
3. Are you the person named as the Respondent in the application [or as in the
petition)(')?

4. Do you intend to defend the case?

5. 0 )[In the case of a petition alleging any such fact as is mentioned in section
IIA(I)(d) of the Ordinance (two years' separation and consent of respondent)]: Do
you consent to a decree being granted?

6. ''[In the case of a petition asking for divorce and alleging any such fact as is
mentioned in section 11A(1)(e) of the Ordinance (five years' separation)]: Do you
intend to oppose the grant of a decree on the ground that the divorce will result in
grave financial or other hardship to you and that in all the circumstances it would
be wrong to dissolve the marriage?

7. In the event of the grant of a decree nisi and the Court holding that the only
fact on which the petitioner was entitled to rely in support of the petition was any
such fact as is mentioned in section 11 A(1) (d) or (e) of the Ordinance (two years'
separation and the consent of the respondent or five years' separation), do you
intend to apply to the Court for it to consider your financial position as it will be
after the divorce?

8. (')Even if you do not intend to defend the case do you wish to be heard on
the claim[s] in the petition for(5)

(a) costs .............................................................
(b) custody of the children .....................................................

(e) periodical payments .....................
....................................................

(d) maintenance pending suit ................................
.........................

(e) secured periodical payments .......................
.....................................

(f) a lump sum

(g) a settlement or transfer of property
.............................................................

(h) variation of a settlement .1 .1 1

9. (')Do you wish to make any application on your own account for

(a) access to the children ...................................
(b) custody of the children ..............................

(e) periodical payments for the children
............................................................

(d) maintenance pending suit ............................................................................

(e) periodical payments for yourself
..................................................................

(f) a lump sum ..................................................................................................

(g) secured periodical payments ...............................................
(h) settlement or transfer of property ..........................................

(i) variation of a settlement






................................................................

(If possible answer YES or NO against each item in Questions 8 (and 9]. If you
are uncertain leave a blank).

Dated this day of 19

(If a solicitor is instructed, he will sign below on your behalf but if the answer
to Question 5 is Yes, you must also sign here).

Signed

Address for service [Unless you intend to instruct a solicitor, give your place of
residence, or if you do not reside on Hong Kong, the address of a place in Hong
Kong to which documents may be sent to you. If you subsequently wish to change
your address for service, you must notify the Court.]

[Or, if a solicitor is instructed

am We are] acting for the Respondent [or the above named in this matter.

Signed

Address for service:


1987







FORM 5 [Rule
65(1).]

Notice of Application for Decree Nisi to be Made Absolute

[Heading as in Form 31

TAKE NOTICE that the petitioner [or respondent] applies for the decree nisi
pronounced in his [her] favour on the day of

19 to be made absolute.

Dated this day of 19

Signed

[Solicitorfor the] petitioner

[or Respondent].

FoRm 6 [Rule
66.1

Certificate of Making Decree Nisi Absolute (Divorce)

(Seal)

[Heading as in Form 31

Referring to the decree made in this cause on the day of

19 whereby it was decreed that the marriage
solemnized on the day of 19 at

between the petitioner and

the respondent be dissolved unless sufficient cause be shown to the court
within from the making thereof why the said decree should
not be made absolute, and no such cause having been shown, it is hereby certified
that
the said decree was on the day of

19 made final and absolute and that the said marriage was thereby dissolved.

Dated this day of 19





FORM 7 [Rule 66(1).]

Certificate of Making Decree Nisi Absolute (Nullity)

(Seal)

[Heading as in Form 31

Referring to the decree made in this cause on the day of

19 whereby it was ordered that the marriage
in fact solemnized on the day of 19 at
between the petitioner and
the respondent be pronounced and declared to have been by law void and the said
petitioner be pronounced to have been
and to be free of all bond of marriage with the respondent
unless sufficient cause be shown to the court within
from the making thereof why the said decree should not be made absolute, and no
such cause having been shown, it is hereby certified that the said decree was on the
day of 19 made final and absolute
and that the said marriage was by law void and that the said petitioner was and
is free from all bond of marriage with the said respondent.

Dated this day of 19


FoRm 7A [Rule 66.1

Certificate of Making Decree Nisi Absolute (Nullity)
(Voidable)

(Seal)

[Heading as in Form 31

Referring to the decree made in this cause on the day of

19 whereby it was ordered that the marriage in fact
solemnized on the day of 19 at

between the petitioner and






the respondent be annulled unless sufficient cause be shown to the court within
from the making thereof why the said





decree should not be made absolute, and no such cause having been shown, it is
hereby certified that the said decree was on the day of 19

made final and absolute and that the said petitioner was from that date and is free
from all bond of marriage with the said respondent.

Dated this day of 19


FoRm 8 [Rule 68(2)(a) and (3).]

Notice of Application for Ancillary Relief
[Heading as in Form 31

TAKE NOTICE that the petitioner for respondent] intends to apply to the
Court for [here set out the ancillary relief claimed, slating the terms of any
agreement as to the order which the court is to be asked to make and, in the case of
an application for a settlement ofproperty order, a variation ofsettlement order, a
transfer ofproperty order or an avoidance of disposition order, stating briefly the
nature of the settlement, variation or transfer proposed or the disposition to be set
aside].

Notice will be given to you of the place and time fixed for the hearing of the
application [or The application will be heard by the court at on

day, the day of 19 at o'clock].

[Unless the parties are agreed upon the terms of the proposed order, add in the
case of an application for an order for maintenance pending suit, periodical
payments or a lump sum:

TAKE NOTICE ALSO that you must send to the court, so as to reach it within
14 days after you receive this notice, an affidavit giving full particulars of your
property and income. You must at the same time send a copy of your affidavit to
the [solicitor for] the applicant.

If you wish to allege that the petitioner has property or income, you should
say







so in your affidavit].
Dated this day of 19

[Solicitor for the] Petitioner/ Respondent.

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FORm 8A [Rule 5613.1
Notice of Application under Rule 56B

[Heading as in Form 31

TAKE NOTICE that the respondent applies to the Court under section 17A of
the Ordinance for the Court to consider the financial position of the respondent
after the divorce.

*The application will be heard on a date to be fixed.

*A date has been fixed by the court of the day, the day
of 19 at o'clock.

Dated this day of 19
Signed

[Solicitor for the] Respondent.

Delete if not applicable.

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FORM 9 [Rule
73(1).]

Notice ofIntention to Proceed with Application for Ancillary
Relief~ in Petition or Answer

[Heading as in Form 3]

The petitioner [or respondent] having applied in his [her] petition [or answer]
for [here set out the ancillary relief claimed, stating the terms of any agreement as
to the order which the court is to be asked to make].

[Add where applicable TAKE NOTICE that the application will be heard by the
court in chambers at on day, the day of

19 at o'clock].

TAKE NOTICE [ALSO] that [continue as in third paragraph of Form 81.

Dated this day of 19

FoRm 10 [Rule 82(2).]

Notice of Requestfor Periodical Payments Order at Same Rate as
Orderfor Maintenance Pending Suit

[Heading as in Form 31

To of

The petitioner [or respondent] having on the day of

19 obtained an order for payment by you of

maintenance pending suit at the rate of 1

AND the petitioner [or respondent] having applied in his [her] petition [or
answer] for a periodical payments order for himself [or herself],

TAKE NOTICE that the petitioner [or respondent] has requested the Court to
make a periodical payments order for himself [or herself] providing for payments
by you at the same rate as those mentioned above.

AND TAKE NOTICE that if you object to the making of such a periodical
payments order, you must give notice to that effect to the court and the petitioner
[or respondent] within 14 days after service of this notice on you, and if you do
not do so, the court may make such a periodical payments order without further
notice to you.

Dated this day of 19

FoRm 14 [Rule 98(1).]

Originating Application on Ground of Wilful Neglect to Maintain

In the District Court of Hong Kong held at

No. of
Matter
(Seal)

In the Matter of an Application under section 8 of the Matrimonial Proceedings
and Property Ordinance

Between Applicant






and Respondent

1. 1, of the wife [husband] of

Of (hereinafter called the respondent)

say that the respondent [in the case of a wife's application has wilfully neglected to
provide reasonable maintenance for me or in the case of a husbands application has
wilfully neglected to provide [or make a proper contribution towards] reasonable
maintenance for me [and the child[ren] of our family] 1.





2. On the day of 19 I [in the
case of an application by a wife being then [state full name and status before the
marriage] was lawfully married to the respondent [in the case of an application by a
husband who was then [state respondent's full name and status before marriage] 1
at

3. There is [are] [no [or state number] children of the family now living]
[namely [state the name of each child and his date of birth or, if it be the case, that
he is over 18 and, in the case of each minor child over the age of 16, whether he is,
or will be, or if an order or provision were made would be, receiving instruction at
an educational establishment or undergoing training for a tI rade, profession or
vocation] who is now residing at [state the place] with [state the person] 1.

4. There have been no previous proceedings in any court in Hong Kong or
elsewhere with reference to the marriage [or the children of the family] [except
state the nature of the proceedings, the date and effect of any decree or order and,
in the case of proceedings with reference to the marriage, whether there has been
any resumption of cohabitation since the making of the decree or order].

5. [Where appropriate in the case of a child who is under 18] The said

was, on the day of 19 received into
the care of [or is a child with respect to whom a resolution was, on the

day of 19 passed by] the Director of Social Welfare.

6. The following are particulars of the wilful neglect by the respondent to
provide reasonable maintenance for me [or in the case of a husband's application
to provide reasonable maintenance [or to make a proper contribution towards
reasonable maintenance] for me] [and for the said child[ren] [state names] 1 [give
particulars adding in the case of a husband's application in respect of himself the
matters set out in section 8(1)(b) (i) of the Matrimonial Proceedings and Property
Ordinance on which he relies].

7. The respondent has not made any payments to me by way of maintenance
for myself [or the said child[ren] [except [give particulars]

8. My means are as follows

9. To the best of my knowledge and belief the respondent's means are as
follows

10. 1 apply for an order that the respondent do make provision by way of
[periodical payments, secured periodical payments, a lump sum delete as
appropriate] for me [and [such of the said provisions as may be claimed] for [state
name[s] of child[ren] in respect of whom such claim is made] 1.

11. 1 ask that 1 may be granted the custody of the said [state name[s] of the
child[ren] 1.

12. This Court has jurisdiction to entertain these proceedings by reason of the
fact that the respondent and I are resident in Hong Kong [or as the case may be].

My address for service is [Where the applicant sues by a solicitor, state the
solicitor's name or firm and address or, where the applicant sues in person, state
her place of residence as given in paragraph 1 or. if no place of residence in Hong
Kong is given, the address of a place in Hong Kong at or to which documents for
her may be delivered or sent].

Dated this day of 19

FORM 15 [Rules 98 and 100.1

Notice of Application under Rule 98 or 100







[Heading as in Form 14]

TAKE NOTICE that this application will be heard at the District Court
holden

at [insert address of court] on the day
of 19 at o'clock [or on a day to be fixed], and





if you do not attend at that place and time, such order will be made as the Court
thinks just.

A sealed copy of the application [and a copy of the affidavit in verification] is
delivered with this notice.

You must complete and detach the acknowledgment of service and send it so as
to reach the Court within 8 days after you receive this notice inclusive of the day
of receipt. Delay in returning the form may add to the costs.

[Where the application is under rule 981 If you intend to contest the
application, you must file an answer setting out the grounds on which you rely
(including any allegation which you wish to make against the applicant), and in any
case, unless otherwise directed, you must file an affidavit containing full particulars
of your property and income. The affidavit and any answer you wish to file must be
sent so as to reach the Court within 14 days after the time allowed for sending the
acknowledgment of service. You must at the same time send a copy of your
affidavit, and answer if any, to (the solicitor for) the applicant. If you file an
answer alleging adultery you must at the same time send a copy of the answer to the
alleged adulterer.

[Where the application is under rule 1001 You must also swear an affidavit in
answer to the application, setting out any grounds on which you intend to contest
the application and containing full particulars of your property and income, and
send the affidavit so as to reach the Court within 14 days after the time allowed for
sending the acknowledgment of service. You must at the same time send a copy of
the affidavit to (the solicitor for) the applicant.

If you intend to instruct a solicitor to act for you, you should at once give him
all the documents which have been served on you, so that he may take the
necessary steps on your behalf.

Dated this day of 19

.........................

Registrar.

To the Respondent

[Here set out Form 4]

FORM 16 [Rule 100(1).]

Originating Applications for Alteration of
Maintenance
Agreement during Parties' Lifetime

In the District Court of Hong Kong held at

No. of
Matter
(Seal)

In the Matter of an Application under section 15 of the Matrimonial
Proceedings
and Property Ordinance

Between Applicant
and Respondent
1. 1, the wife [or husband] of
(hereinafter called the respondent), apply for

an order altering the maintenance agreement made between me and the respondent
on the day of 19







2. 1 reside at and the respondent

resides at

Add unless both parties are resident in Hong Kong We are both domiciled in
Hong Kong [or as the case may be]

3. On the day of 19 1 was

lawfully married to the respondent at

1 [or in the case of an application by the husband The respondent] was then [state
full name and status of wife before marriage].





4. There is [are] [no [or state number] child[ren] of the family [namely [state
the name of each child now living and his date of birth or, if it be the case, that he
is over 18 and, in the case of each minor child over the age of 16, whether he is, or
will be, or if an order or provision were made would be, receiving instruction at an
educational establishment or undergoing training for a trade, profession or
vocation] who is now residing at [state the place] with [state the person] and [state
name of any child who has died since the date of the agreement] who died on the

day of 19 .1 [The agreement also makes financial

arrangements for [give similar particulars of any other child for whom the
agreement
makes such arrangements] 1.

5. There have been no previous proceedings in any court with reference to the
agreement or to the marriage [or to the child[ren] of the family] [or to the other
child[ren] for whom the agreement makes financial arrangements] [except state the
nature of the proceedings and the date and effect of any order or decree].

6. My means are as follows

7. 1 ask for the following alterations[s] to be made in the agreement

8. The facts on which I rely to justify the alteration[s] are

My address for service is [Where the applicant sues by a solicitor, state the
solicitor's name or firm and address, or, where the applicant sues in person, state
his or her place of residence as given in paragraph 1 or, if no place of residence in
Hong Kong is given, the address of a place in Hong Kong at or to which
documents for him or her may be delivered or sent].

Dated this day of 19

FORM 17 17 [Rule 101(1).]

Originating Summons for Alteration of Maintenance
Agreement after Death of One of the Parties

In the District Court of Hong Kong held at

In the Matter of an Application by under

section 37 of the Matrimonial Causes Ordinance

Between Applicant
and Respondent
Let of attend before the

Court on day,the day of

19 at o'clock, on the hearing of an application

by that the agreement made on the day
of 19 between the applicant and
who died on the day of 19 should be

altered as shown in the affidavit accompanying this summons so as to make different
[or contain] financial arrangements.

Dated this day of 19
This summons was taken out by [the solicitor for]

the above-named applicant.
To the respondent.
TAKE NOTICE THAT-







1 A copy of the affidavit to be used in support of the application is delivered
herewith.

2. You must complete the accompanying acknowledgment of service and send
it so as to reach the Court within 8 days after you receive this summons.





3. [If the respondent is a personal representative of the deceased.. You must
also file an affidavit in answer to the applicant's application containing full
particulars of the value of the deceased's estate for probate, after providing for the
discharge of the funeral, testamentary and administration expenses, debts and
liabilities, including the amount of the estate duty and interest thereon, and the
persons or classes of persons beneficially interested in the estate, with the names
and addresses of all living beneficiaries and stating whether any beneficiary is an
infant or incapable, by reason of mental disorder, of managing and administering his
property and affairs.]

[Or, if the respondent is not a personal representative of the deceased.. You
may also file an affidavit in answer to the application.]

[Add, in either case: The affidavit must be filed by sending or delivering it so as
to reach the Court within 14 days after the time allowed for sending the
acknowledgment of service. At the same time you must send a copy of the affidavit
to the [solicitor for the] applicant.]

4. If you intend to instruct a solicitor to act for you, you should at once give
him all the documents which have been served on you, so that he may take the
necessary steps on your behalf.

FORM 18 [Rule 103(1).]

Originating Summons for Maintenance out of Estate of
Deceased Former Spouse

In the District Court of Hong Kong held at

In the Matter of an Application by under

section 38 of the Matrimonial Causes Ordinance.

Between Applicant
and Respondent
Let of attend before the

Court on day,the day of
19 at o'clock, on the hearing of an application by

that provision for her maintenance be made out of the estate
of of who died on the day
of 19 on the ground that he has not made reasonable

provision for her maintenance after his death.

Dated this day of 19
This summons was taken out by [the solicitor

for] the above-named applicant.

To the respondent.

TAKE NOTICE THAT

[Continue as in Form 171

FORM 19 [Rule 106(2).]

Notice to be Endorsed on Document Served in
accordance
with Rule 106(1)

To of







TAKE NOTICE that the contents or purport of this document are to be
communicated to the respondent [or as the case may be], the said 1
if he is over 16 [add, if the person to be served by reason of mental disorder
incapable





of managing and administering his property and affairs: unless you are satisfied
[after

consultation with, if the said is not liable to be detained
or
subject to guardianship under the Mental Health Ordinance, his medical attendant]*
that communication will be detrimental to his mental condition].

Delete these words if the document is served on the responsible medical
officer or medical attendant.

FORM 20 [Rules 76 and 95(5).]

Notice of Allegation in Proceedings for Ancillary Relief

[Heading as in Form 31

TAKE NOTICE that this affidavit has been filed in proceedings for [state
nature

of application] and that if you wish to be heard on any matter affecting you in the
proceedings you may intervene by applying to the Court, within 8 days after you
receive this notice, inclusive of the day of receipt, for directions as to the filing and
service of pleadings and as to the further conduct of the proceedings.

Dated this day of 19

Issued by

[Solicitor for the] Petitioner [or Respondent]

FORM 21(1) [Rule 33(2A).]

Affidavit by Petitioner in Support of Petition under Section 1 ]A (1)
(a)
of Matrimonial Causes Ordinance

[Heading as in Form 31

QUESTION ANSWER

1 Have you read the petition filed in this case?

2.Do you wish to alter or add to any statement
in the petition? If so, state the alterations or
additions.

3.Subject to these alterations and additions (if
any), is everything stated in your petition
true? If any statement is not within your own
knowledge, indicate this and say whether it is
true to the best of your information and
belief.

4.State briefly your reasons for saying that the
respondent has committed the adultery
alleged.

5.On what date did it first become known to
you that the respondent had committed the
adultery alleged?

6. Do you find it intolerable to live with the

respondent?







7.Since the date given in the answer to
Question 5, have you ever lived with the
respondent in the same household? If so,
state the addresses and the period or periods,
giving dates.





I, (full name)
of (full residential address)

(occupation)
make oath/do solemnly, sincerely and truly affirm and say as
follows-
1. 1 am the petitioner in this cause.
2. The answers to Questions 1 to 7 above are true.
Delete if the acknowl- 3. 1') 1 identify the signature (2)
edgement is signed by appearing on the copy acknowledgement of service now
a solicitor.
Insert name. produced to me and marked 'A' as the signature of my
husband/wife, the respondent in this cause.
Insert where 4. (.3) 1 identify the signature (2)

confession exhibited. appearing at the foot of the document now produced to me
and marked 'B' as the signature of the respondent.

Exhibit any other 5. (4)
documents on which
the petitioner wishes
to rely.

If the petitioner seeks 6. 1 ask the Court to grant a decree dissolving my marriage
a judicial separation, with the respondent on the grounds stated in my
(6) amend accordingly.
Amend or delete as petition [and to order the respondent/co-respondent to pay

appropriate. the costs of this suit] (6).

Sworn/Affirmed at
this day of 19

Before me,

A Commissioner Oaths.

FORM 21(2) [Rule 33(2A).]

Affidavit by Petitioner in Support of Petition under Section I ]A(]) (c)
of Matrimonial Causes Ordinance

[Heading as in Form 3]

QUESTION ANSWER

1 Have you read the petition filed in this case?

2.Do you wish to alter or add to any statement
in the petition? If so, state the alterations or
additions.

3.Subject to these alterations and additions (if
any), is everything stated in your petition
true? If any statement is not within your own
knowledge, indicate this and say whether it is
true to the best of your information and
belief.

4.State the date on which you and the
respondent separated, and, if different, the
date on which the alleged desertion began.
Did you agree to the separation?

5.State briefly the facts you rely on in support






of the allegation that the respondent deserted
you, and your reason for saying that the
desertion continued up to the presentation of
the petition.

6. Did the respondent ever offer to resume

cohabitation?





QUESTION ANSWER

7.State as far as you know the various addresses at which you and the respondent
have respectively lived since the last date given in the answer to Question 4, and
the periods of residence at each address:

Petitioner's Address Respondent's Address

From From

to to

8.Since the last date given in the answer to
Question 4, have you ever lived with the
respondent in the same household? If so,
state the addresses and the period or periods,
giving dates.

1, (full name)
of (full residential address)

(occupation)

make oath/do solemnly, sincerely and truly affirm and say as
follows

1. 1 am the petitioner in this cause.
2. The answers to Questions 1 to 8 above are true.
Delete if the acknowl- 3. 1 identify the signature
edgement is signed by appearing on the copy acknowledgement of service now
a solicitor.
(2) insert name. produced to me and marked 'A' as the signature of my

husband/wife, the respondent in this cause.

(3) Exhibit any other 4. (3)

documents on which
the petitioner wishes
to rely.
If the petitioner seeks 5. 1 ask the Court to grant a decree dissolving my marriage
ajudicial separation, with the respondent (4) on the grounds stated in my

amend accordingly. petition [and to order the respondent to pay the
Delete if costs are not

sought. costs of this suit]

Swom/Affirmed at
this day of 19

Before me,

A Commissioner for Oaths.

FORM 21(3) [Rule 33(2A).]

Affidavit by Petitioner in Support of Petition under Section 11A (])(d)
of Matrimonial Causes Ordinance

[Heading as in Form 31

QUESTION ANSWER

1 Have you read the petition filed in this case?







2.Do you wish to alter or add to any statement
in the petition? If so, state the alterations or
additions.





QUESTION ANSWER

3.Subject to these alterations and additions (if
any), is everything stated in your petition
true? If any statement is not within your own
knowledge, indicate this and say whether it is
true to the best of your information and
belief.

4.State the date on which you and the
respondent separated.

5.State briefly the reason or main reason for
the separation.

6.State the date when and the circumstances in
which you came to the conclusion that the
marriage was in fact at an end.

7.State as far as you know the various addresses at which you and the respondent
have respectively lived since the date given in the answer to Question 4, and the
periods of residence at each address:

Petitioner's Address Respondent's Address

From From

to to

8.Since the date given in the answer to
Question 4, have you ever lived with the
respondent in the same household? If so,
state the addresses and the period or periods,
giving dates.

I, (full name)
of (full residential address)

(occupation)

make oath/do solemnly, sincerely and truly affirm and say as
follows

1 I am the petitioner in this cause.

2. The answers to Questions 1 to 8 above are true.

1 Insert name. 3. 1 identify the signature
appearing on the copy acknowledgement of service now
produced to me and marked 'A' as the signature of my
husband/wife, the respondent in this cause.
Exhibit any other 4. (2)
documents on which
the petitioner wishes
to rely.

If the petitioner seeks 5. 1 ask the Court to grant a decree dissolving my marriage
a judicial separation, with the respondent (3) on the grounds stated in my
amend accordingly.

Delete if costs are not petition [and to order the respondent to pay the
sought. costs of this suit] (4).

Sworn/Affirmed at
this day of 19







Before me,

A Commissioner for Oaths.





FORM 21(4) [Rule 33(2A).]

Affidavit by Petitioner in Support of Petition under Section 1 ]A (1) (e)
of Matrimonial Causes Ordinance

[Heading as in Form 31

QUESTION ANSWER

1 Have you read the petition filed in this case?

2.Do you wish to alter or add to any statement
in the petition? If so, state the alterations or
additions.

3.Subject to these alterations and additions (if
any), is everything stated in your petition
true? If any statement is not within your own
knowledge, indicate this and say whether it is
true to the best of your information and
belief.

4. State the date on which you and the respond-

ent separated.

5. State briefly the reason or main reason for

the separation.

6.State the date when and the circumstances in
which you came to the conclusion that the
marriage was in fact at an end.

7.State as far as you know the various addresses at which you and the respondent
have respectively lived since the date given in the answer to Question 4, and the
periods of residence at each address:

Petitioner's Address Respondent's Address
From From m
to to
8. Since the date given in the answer to
Question 4, have you ever lived with the
respondent in the same household? If so,
state the addresses and the period or periods,
giving dates.
I, (full name)
of (full residential address)
(occupation)

make oath/do solemnly, sincerely and truly affirm and say as
follows

1. 1 am the petitioner in this cause.
2. The answers to Questions 1 to 8 above are true.
111 Delete if the acknowl- 3.......... 1 identify the signature (2)

edgement is signed by appearing on the copy acknowledgement of service now
a solicitor.
Insert name. produced to me and marked 'A' as the signature of my

husband/wife, the respondent in this cause.

13) Exhibit any other 4.(3)
documents on which






the petitioner wishes
to rely.
(4) If the petitioner seeks 5.1 ask the Court to grant a decree dissolving my marriage
a judicial separation, with the respondent (40 on the grounds stated in my
(3) amend accordingly. petition [and to order the respondent to pay the
Delete if costs are not
sought. costs of this suit]





Sworn/Affirmed at
this day of
19

Before me,

A Commissioner for Oaths.

FORM 22 [Rule 87(3).]

Praecipe for Issue of Judgment Summons

IN THE HIGH COURT [or in the District Court of Hong Kong
(DIVORCE). held at

No. of Matter
Judgment summons

Between Petitioner [or Applicant]
and Respondent
[and Co-Respondent]

Judgment creditor's full name and address
...................................................
Judgment debtor's full name and address
......................................................

1 apply for the issue of a judgment summons against the above-named judgment
debtor in respect of an order made in this Court [or as the case may be] on the
day of 19 for [state nature of order].

[If it be the case 1 intend to apply to the Court at the hearing of the proposed
judgment summons for leave to enforce arrears which became due more than twelve
months before the date of the proposed summons].

1 am aware that, if 1 do not prove to the satisfaction of the Court at the
hearing that the judgment debtor has, or has had since the date of the said order,
the means to pay the sum in respect of which he has made default and that he has
refused or neglected, or refuses or neglects, to pay it 1 may have to pay the costs
of the summons.

[Add, except where judgment summons is to issue in the District Court in
which order was made: 1 certify that the said order has not been modified or
discharged and that there is no order of commitment in this matter which remains
unsatisfied.

1 further certify that no writ of fieri facias has been issued to enforce the said
order [or, if a writ of feri facias has been issued, give details and state what return
to it has been made.].]

Dated this day of 19

[Solicitor for the] Judgment Creditor.

Amount due and unpaid in respect of the order and costs ...............

Costs of this summons
............................................................ Travelling
expenses to be paid to the judgment debtor ..................

FORM 23 [Rule
87(4).]

Judgment Summons







[Heading as in Form 22]

WHEREAS the above-named

(hereinafter called 'the judgment creditor obtained an order in this Court (or as the





case may be) on the day of 19
against (hereinafter called the 'judgment debtor')
for
[state nature of order].

AND WHEREAS default has been made in respect of the sum of payable
under the said order and the judgment creditor has required this judgment summons
to be issued against you, the said judgment debtor.

YOU ARE HEREBY SUMMONED to appear personally before the Judge
sitting on the day of 19 at o'clock, to be
examined on oath touching the means you have or have had since the date of the
said
order to pay the said sum in payment of which you have made default and also to
show cause why you should not be committed to prison for such default.

[AND TAKE NOTICE that the judgment creditor intends to apply to the
Court at the hearing of this judgment summons for leave to enforce arrears which
became due more than twelve months before the date of this summons).

Dated this day of 19

Amount due and unpaid in respect of order and costs .........................

Costs of this summons ..........................................................................

Travelling expenses to be paid to the judgment debtor ........................

Sum on payment of which this summons will be discharged ................

Note:If payment is made too late to prevent the judgment creditor's
attendance on the day of hearing, you may be liable for further costs.

[The judgment creditor's solicitor is

FORM 24(1) [Rule 56(1)(c).]

Order upon Making Decree Nisi

[Heading as in Form 31

BEFORE HIS HONOUR JUDGE JUDGE OF

DISTRICT COURT, IN COURT
ORDER
ON the day of 19

THE Judge upon the making of the decree nisi herein ordered that there be no
order as to costs/the respondent do pay the petitioner the costs of and incidental to
this suit (to be taxed on the Upper Scale in accordance with Legal Aid Regulations).

(AND the Judge further ordered that the petitioner's own costs to be taxed on
the Upper Scale in accordance with the Legal Aid Regulations.)

AND the Judge further ordered that the child/children of the family, namely:

do remain in the custody of the petitioner/respondent until further order of the
Court with reasonable access granted to the petitioner/ respondent, and IT IS
DIRECTED that the said child/children be not removed from Hong Kong without
leave until he/ shelthey attains/attain the age of 18 years respectively but provided
that if either parent does give a general written undertaking to the Court to return
the said child/children or either/any of them to Hong Kong when called upon to do
so, and unless otherwise directed with the written consent of the other parent, that
parent may remove the said child/ children or either/any of them from Hong Kong
for any period specified in such written consent.







AND the Judge further ordered that all questions relating to periodical
payments/lump sum/ancillary relief/maintenance be adjourned to Chambers.

AND the Judge further ordered that the question of custody be adjourned to
Chambers and a Social Welfare Report be called for, with particulars in the petition
to be given to the reporting officer.

AND the Judge further declared that the Court is satisfied that the
arrangements for the welfare of the said child/children of the family have been
made and are





satisfactory or are the best that can he devised in the circumstances that there are
no children of the family to whom section 18 of the Matrimonial Proceedings and
Property Ordinance, Cap. 192 applies.

Dated the day of 19

Note: (and that the child/children of the family, namely:

do remain in the custody of the petitioner/ respondent until further
order of the Court with reasonable access granted to the
petitioner/respondent)

FORM 24(2) [Rule 56(1)(c).]

Order upon Making Decree Nisi

[Heading as in Form 3]

BEFORE HIS HONOUR JUDGE JUDGE OF
DISTRICT COURT, IN COURT/IN CHAMBERS

ORDER

ON the day of 19

THE JUDGE upon making of the decree nisi herein ordered that:

(1) there be no order as to costs;

(2)the respondent do pay the petitioner the costs of and incidental to this suit
(on the Upper Scale in accordance with the Legal Aid Regulations).

(AND the Judge further ordered that the petitioner's own costs be taxed on the
Upper Scale in accordance with the Legal Aid Regulations.)

AND the Judge further ordered that the petitioner/respondent do pay or cause
to be paid to the respondent/petitioner periodical payments/a lump sum payment
in the sum of p.m.1p.a. for her maintenance, commencing on

and thereafter payable on theday of each and every
succeeding month.

AND the Judge further declared that the Court is satisfied that there are no
children of the family to whom section 18 of the Matrimonial Proceedings and
Property Ordinance, Cap. 192 applies.

Dated the day of '19





ALPHABETICAL INDEX

ALPHABETICAL INDEX TO THE MATRIMONIAL
CAUSES RULES
Subject Rule

ACCESS:-
respondents right to be heard on ......49(1)(a)
to child ..............................92(2)
ACKNOWLEDGMENT OF SERVICE:-
of petition,
non-return ............................14(6)
party heard on ancillary questions where not returned 49(3)
photographic copy of ..................14(8)
proof of signature at hearing .........14(5)(b)
ADULTERER:-
deceased ..............................13(4)
ADVERTISEMENT:-
copies of .............................14(9A)
form of, settled by registrar .........14(9)
of notice of proceedings ..............14(9)
AFFIDAVIT:-
attendance of deponent for cross-examination 39(5), 92(4)
custody applications ..................92(4)
communication to a person under disability 106(2)
evidence ..............................39
saving of judges powers ...............41
translation of marriage certificate or certified copy of entry in
register of marriages .................40(2)
in answer,
avoidance of disposition ..............74(4)
in response to Form 8 or 9 ............73(2)
maintenance out of deceased's estate ..103(3)
variation application .................75(1)
variation of maintenance agreement
during lifetime .......................100(5)
after death of one party ..............102(3)
variation of marriage settlement
wife's property settlement ............74(4)
in support of application,
avoidance of disposition ..............74(1),(2)
dispense with service .................14(10)
enforcement ...........................86(1)
intervention ..........................62(1)

maintenance out of deceased's estate .... 103(2)
variation .....................75(1)
remove divorce district court order to High Court 91(1)
substituted service ...........14(9)

variation of marriage settlement ..74(1),(2)

vary maintenance agreement,

during lifetime ...................100(3)
after death of one party ..........101(3)
settlement of property ............74(1),(2)





Subject Rule

order to file,
as to means .........................73(2)
in wilful neglect ...................98(8)

proof of translation of marriage certificate or certified copy of entry

in register of marriages ..............40(2)
service of petition ...................14(7)
wilful neglect to maintain ............98(2), (5), (6), (10)
AGREEMENT:-
application to consider ...............6
before petition .......................6(3)
after petition ........................6(4)
maintenance,
alteration after death of one party ...101
alteration during lifetime ............100

AMENDED:-
answer ....................... ......24
time for,

...to be fixed ...............16(5)(a)
petition ............................
16

ANCILLARY RELIEF:-
application for .......................68
by interveners as to custody ..........69(c)
consent order .........................68(2)(b)
in Form 8 or Form 8A ..................70

interim orders .................................... 78
respondents right to be heard on ...1
69(c)
application for hearing by judge ... 81
appointment for hearing of application of
77(1)
discovery in ............
77(4)
evidence on ....................................
73(1)
investigation by court .............77
notice of intention to apply for directions
77(7)
transfer of application: general provisions 80

on courts own motion ..................800M8)
where claim not made in petition or answer 68(2)
ANSWER:-
contents of ...........................21
copy for service ......................23
co-respondent and party cited heard as to costs without filing 49(2)

filing of .............................................. 18

of a party cited in wilful neglect to maintain 98(7)
prayer for costs not required in ....21(3)
respondent heard on ancillary questions without filing 49
to amended petition, time for .......16(5)(a)

APPEAL:-

from registrar in district court proceedings ............ 116







no stay ...........................116(2)





Subject Rule
APPLICATION:-

access to child .....................92(2)
amend petition ......................16(3)
amend pleadings .....................24
ancillary relief ....................68
interim orders ......................78
appointment,
for ancillary relief ................77(1)
of guardian ad litem ................105(5)
avoidance of disposition ............84
child, ancillary relief for
by guardians ........................69
commit, to prison ...................90
custody and supervision of children .92
custody by guardian .................92(3)

decree absolute .................................................... 65
directions for trial ................................................. 33(1)
discovery,
in ancillary relief ................ 77(4)
in defended cause .................................................... 28

maintenance from deceased's estate ..103
particulars of pleadings ............26(1)
prohibit removal of a child out of the jurisdiction 94(2)
read affidavit evidence .............39(2)

re-hearing of a cause ................ 55

removal of a child out of the jurisdiction 94(1)
remove a divorce district court order into the High Court 91(1)
rescind decree nisi by consent ......64
rescission of decree ................56A
separate representation of children .72(1)
supplemental petition ...............16(3)
transfer of .........................27

transfer of ancillary relief .................................................... 80
under sect. 17A of Ordinance ....... 56B

variation of maintenance agreement,

after death of one party ......... 101
during lifetime .................. 100

variation or discharge of supervision order 93

venue, to vary ........................ 34(5)
wilful neglect to maintain ...........98
hearing of ...........................99
APPLICATIONS:-
mode of making ......................114
APPOINTMENT:-
notice of, where given by court ...77(3)
AVOIDANCE OF DISPOSITION:-
application to be heard with related one for financial relief 77(2)
evidence on application for ..........74

hearing by judge....................................................................................... 84(1)





Subject Rule
BOND:-

taken to secure wife's costs ..........37(3)
CAUSE:-
begun by petition .....................9
defended, discovery of documents in ...28
hearing not sooner than 10 days from directions for trial 47(2)
re-hearing of .........................55
transfer of ...........................27
CERTIFICATE:-
of decree absolute ....................66
of marriage, filed with petition ......12(2)
of no adverse interest ................105(7)(b), 108(2)
CHILD MAINTENANCE:-
application by
guardian ..............................69
interveners as to custody .............69(c)
claimed in petition or answer .........68(1)

CHILD SUPERVISION ORDER:-
discharge or variation of ...........93
CHILDREN:-
custody, care and supervision .......92
order as to arrangements for, to be drawn up 51

removal out of the jurisdiction .......94
respondent's right to be heard on applications relating to 49
respondent's statement as to arrangements for 15B
separate representation of ............72,108
statement as to other proceedings relating to 96
COMMITTAL:-
application for .......................90(1)
where application for discharge made to registrar 90(2)
CONDUCT:-
unreasonable, provision of schedule of allegations 35(1)
CONSENT:-
notice of absence or withdrawal of ....15A
of next friend or guardian ad litem ...105(7)(a)
of Crown Solicitor to be guardian ad litem 105(4)(a)
to read affidavit evidence ............39(2)(b)
COPY:-
for service,
of affidavit (sect. 15) after petition 6(5)
of affidavits and answer of party cited in case of wilful neglect 98(3)
of affidavits on variation application 75,76

of amended and supplemental petitions .................................... 17





Subject Rule

of answer .........................23
of notice and affidavits in,
avoidance of disposition and settlement of property 74(3),76
of petition .......................12(7)
of plea of Queen's Proctor ........61(2)
of reply ..........................19,23
of supplemental and amended answer 24
originating application and affidavit (sect. 12) 5
originating application and affidavit (sect. 15) before petition 6(3)(b), (5)
originating application and affidavits in variation of
maintenance agreement during lifetime of parties 100(4),(6)
originating summons and affidavits in maintenance from
deceased's estate .................103(3)
originating summons and affidavits in variation of
maintenance agreement after death of one party 101(4), 102(6)
of decree or order ................58
of medical inspectors report ......31(3)
of order for maintenance, for filing 71
of particulars, for filing ........26(3)
of proposed interrogatories, served with summons 29(2)
of transcript, for filing, on application for re-hearing 55(7)

CO-RESPONDENT:-
alleged adulterer in husband's petition made a 13(1)(a)
answer to petition ....................18(1)
heard as to costs without answer ......49(2)
service of,
amended petition or supplemental petition on 17(1)
petition on ...........................14(1)
COSTS:-
allegation against party claiming .....49(2)
order not made for against third parties without notice 49(4)
prayer for in answer not required .....21(3)
respondent, co-respondent and party cited heard as to, without
filing answer .........................49(2)
security for wife's ...................37

COURT:

file, inspection of ...................121
CREDITOR:-
judgment ..............................87
CROWN SOLICITOR:-
application for ancillary relief for child 69(d)
as guardian ad litem to mentally disordered person 105(4)(a)
separately representing a child .......72(1), 108
CUSTODY:-
application by guardian ...............92(3)
of children ...........................92
respondents right to be heard on ......49(1)(a)
use of affidavits in application for ..92(4)





Subject Rule

DEATH:-
petition for presumption ..............9(8)
DEBTOR:-
judgment ..............................87
DECEASED ADULTERER:-
parties ...............................13(4)
DECREE:-
of divorce, rescission ................56A
of judicial separation, rescission ....67
DECREE ABSOLUTE:-
application for .......................65(1)
by adverse party ......................65(4)
certificate of ........................66
delay in application for ..............65(2)

DECREE NISI:-
rescission of,
by consent ..........1 ...............64
by motion of Queen's Proctor .......... 61(5)
DECREES:-
production of, drawn up ............... 56(3)
drawing of ...........................56
serving copies of .................58(1)
DEFENDED CAUSES:-
discovery of documents in ............. 28
interrogatories in ...................29
DEPOSITIONS:-
of a witness ......................39(4)

DIRECTIONS:-
as to allegations under sect. 1 1A(I)(b) of Ordinance 35
DIRECTIONS FOR TRIAL ..................33
hearing not sooner than 10 days after .47(2)
no pleading after, without leave ......20
of interventions ......................61(4),62(6)
request for ...........................3(1)
requirements for ......................33(1)
stay pending renewal of ...............16(5)(b)
DIRECTOR OF SOCIAL WELFARE:-
reference to ..........................95
DISABILITY:-
person under, meaning of ..............105(1)
persons under, service on .............106

DISCONTINUANCE OF CAUSE:

before service..................of petition
............................................................... 7





Subject Rule

DISCOVERY:-
by interrogatories ....................29

in ancillary relief ..................... 77(4)
in defended causes ...................28
DIVORCE DISTRICT COURT:-
application for wilful neglect made in 98(2)
drawing of decrees and orders made at . 56(1)
observance of practice in ...........122
originating application under sect. 12, filed in 5(2)
re-transfer of cause or application to 32
transfer to High Court from ..........32
DIVORCE REGISTRY:-
documents:-
discovery of, in defended causes ...... 28
filing of, at place of hearing ......118
ENFORCEMENT:-
of divorce district court order in the High Court 91(1)
of order for payment of money ........86
ESTATE:-
maintenance out of deceased's .......103
EVIDENCE:-
by affidavit .........................39
cross-examination of a witness ....39(4)
generally oral .......................38
hearsay .............................42A
in custody applications ...........92(4)
of marriage outside Hong Kong ........40
on application
for ancillary relief .................73
for settlement of property, etc . .....................
74
for variation order ..................75
saving of judge's powers .............41

EXAMINATION:-
cross-, of a witness ..................39(4)
medical, in nullity proceedings .......30
FORMS .................................Appendix
1. Notice of application under rule 5 .5(3), 98(3), 100(4)
2. General form of petition ...........9(2)
and its application to answers ........21(1), (2), (3)

2A. Certificate re. reconciliation ........................ 12
2B. Statement as to arrangements for children 9(3)

3. Notice of proceedings .................. ............................ 12(7), 23,109

4. Acknowledgment of
service 5(3), 12(7), 14(5), 15(1), 23, 98(3), 100(4), 101(4), Forms 1, 15





Subject Rule

5. Notice of application for decree nisi to he made absolute 65(1)
6. Certificate of making decree nisi absolute (divorce) 66(1)
7. Certificate of making decree nisi absolute (nullity) 66(1)

7A. Certificate of making decree nisi absolute (nullity) (voidable) ... 66(1)

8. Notice of application for ancillary

relief 68(2), (3), 69, 70, 73(2), 77(1), (3)
8A.Notice of application under rule 56B 56B, 70
9. Notice of intention to proceed with application for

ancillary relief made in petition or answer 73(1), (2), 77(1), (3)

10. Notice of request for periodical payments order at the same

rate as order for maintenance pending suit 82(2)
14. Originating application on ground of wilful neglect to maintain 98(1)
15.........Notice of application under rule 98 or 100 98, 100

16. Originating application for alteration of maintenance

agreement during parties' lifetime 100(1)

17. Originating summons for alteration of maintenance

agreement after death of one of the parties 101(1)

18. Originating summons for maintenance out of estate of

deceased former spouse .....103(1)

19. Notice to be endorsed on document served in accordance

with rule 106(1) .............106(2)
20.Notice of allegation in proceedings for ancillary relief 76,92(5)

21(1). Affidavit by petitioner in support of petition under

section 1 1A(I)(a) ........33(2A)

21(2). Affidavit by petitioner in support of petition under

section 1 IA(I)(c) ........33(2A)

21(3). Affidavit by petitioner in support of petition under

section 11 A(I)(d) ............ 33(2A)

21(4). Affidavit by petitioner in support of petition under

section 11 A(I)(e) .............33(2A)
22. Praecipe for issue of judgment summons 87(3)
23. Judgment summons ................. 87(4)

24(1). Order upon making decree nisi 56(1)(c)
24(2). Order upon making decree nisi 56(1)(c)

FURTHER PETITION:-

leave to file .................. 12(4)

GUARDIAN AD LITEM:







appointment of ...................... 105

to separately represent children ......72(1), 108(1)
HEARING:-
filing of documents at place of .......118
of application for wilful neglect to maintain 99
restoration of matters adjourned at ...52
stay of ...............................16(5)(b)
HIGH COURT:-
removal of district court order to ....91
IDENTITY:-
affidavit of service of petition to show knowledge of 14(7)
proof of, on medical examination ......31(2)
server's means of knowledge of ........109(2)





Subject Rule

IMPOTENCE:-
application for appointment of medical inspectors by petitioner ..... 30(1)
IMPROPER ASSOCIATION:-
allegation in petition of .........13(2)
INCAPACITY:-
application for appointment of medical inspectors by either party 30
INFANT:-
appointment of next friend or guardian ad litem for 105

service on an ....................... 106

INJUNCTION:

application for ..................................... 90(1)

consent discharge by registrar in absence of judge 90(2)
in avoidance of disposition application 84(1)
to prohibit removal of child out of the jurisdiction 94(2)
INSANITY:-
petition for nullity on ground of .....9(7),107
INTERIM ORDERS:-
upon application for ancillary relief .78
INTERROGATORIES:-
discovery by, in defended causes ......29
INTERVENTION:-
by person other than Queen's Proctor ..62
by Queen's Proctor ....................61
ISSUE:-
trial of ..............................45

JACTITATION:-

of marriage, petition for ............ 10

JUDGE:-
application to, prohibiting removal of child out of the jurisdiction 94(2)
hearing of ancillary relief application by 81
hearing of application under rule 98 ..99
opposed application to remove child out of the jurisdiction heard by 94(1)
powers, saying of .....................41
when not available ....................90(2)
JUDGMENT SUMMONS.-
General provisions ....................87
Special provisions ....................88
JUDICIAL SEPARATION:-
rescission of decree of ...............67





Subject Rule

LEAVE:-
to amend petition .....................16(2)
to file pleading subsequent to reply ..19(3)
to file pleadings after directions for trial 20
to file supplemental petition .........16(1)
LUMP SUM-
claim to be made in petition or answer 68(1)

MAINTENANCE:-
claim to be made in petition or answer ......................... 68(1)
from deceased's estate, application for 103

where not claimed in petition or answer 68(2),(3)
MAINTENANCE AGREEMENT:-
alteration of,
after death of one party ..............101
during lifetime .......................100
MARRIAGE-
affidavit authenticating translation of marriage certificate or
certified copy of entry in register of marriages 40(2)
certificate of ........................12(2)
certification by notary public of translation of certificate etc . 40(2)
evidence of, outside Hong Kong ........40
MEDICAL EXAMINATION:-
conduct of ............................31
in nullity proceedings ................30
excepted undefended cases .............30(2)

place of ............................ 31
proof of identity at ................ 31(2)

report on ................................................ 31(3)
service of notice of ................ 30(10)

MOTION:-
to rescind decree nisi in default of answer to Queen's Proctor's plea 61(5)

NEXT FRIEND:-
prosecution of proceedings by ......... 105(2)
NOTICE:-
mode of giving ......................119
of
absence or withdrawal of consent ...... 15A
application,

for avoidance of a disposition order 74(3)
for re-hearing of a cause .........55(3)
for variation of settlement order .74(3)
for variation or discharge of supervision order 93
date and place of trial of petition 47(1)

date and place of trial in district court ......... 33(2)
of causes set down ...............44
hearing date,
ancillary relief application by judge 81
in application for wilful neglect . 98(4)





Subject Rule

intention,
to defend .........................15(1)
to apply for costs ................49(4)
to apply for directions in ancillary relief 77(7)
to show cause, by Queen's Proctor .61(1)
setting down for trial ............33(3)
transfer of proceedings ...........120
on courts own motion ..............32,80(10)

NOTICE OF PROCEEDINGS:-
advertisement of ......................14(9)
NULLITY:-
medical examination ...................30
excepted undefended causes ............30(2)
petition for, on ground of insanity ...9(7), 107
ORDER:-
drawing of ............................56
under section 18(1) or (4) of Matrimonial Proceedings and
Property Ordinance ....................51
for payment of money, enforcement of ..86
in application for ancillary relief, filing of copy 71
interim ...............................78
meaning of, in rules 87 and 88 ........87
production of, drawn up ...............56(3)
proof of service of ...................112
representation ........................102(2)
service of ............................111
to do or abstain from doing an act ....111(3)
to file affidavit as to means .........73(2)
ORIGINATING APPLICATION:-
alteration of maintenance agreement during lifetime 100(1)
in case of wilful neglect to maintain .98(1)
leave to present petition within 3 years 5(1)
to consider agreement, before petition 6(3)(a)
ORIGINATING SUMMONS:-
alteration of maintenance agreement after death of one party 101(1)
maintenance out of deceased's estate ..103(1)
PARTICULARS:-
of pleadings,
application for order .................26(1)
filing of copy ........................26(3)
incorporation of order or request in ..26(2)
written request for ...................26(1)
PARTIES:-
addition of ...........................102(1)
alleged adulterer in husband's petition made a co-respondent 13(1)(a)
alleged adulteress in wife's petition made a respondent 13(1)(b)
person named, improper association ....13(2)
person raped ..........................13(2)





Subject Rule

PARTY CITED:-
alleged adulterer or adulteress in an answer to be 22
heard as to costs without answer ......49(2)
in case of wilful neglect to maintain .98(6)
PATIENT:-
service on ............................106(1)(b)
PERIODICAL PAYMENTS:-
application for, at same rate as maintenance pending suit 82
PERSONS UNDER DISABILITY ..............105
service on ............................14(2),106
PETITION-
amendment of ..........................16
cause begun by ........................9
contents of ...........................9(2), Form 2

copies for service ................. 12(7)
deemed duly served .................. 14(5)

discontinuance of before service ....7
dismissal of, in default of answer to Queen's Proctor's plea 61(5)
dispensing with service of ..........14(10)
filing ..............................12(5)
amended copy ........................16(6)
further, leave to file ..............12(4)

jactitation of marriage ........ ...... 10
leave to present within three years . 5
marriage certificate filed with ..... 12(2)

nullity on ground of insanity .........9(7),107
presentation of .......................12
presumption of death ..................9(8)
rescission of decree of judicial separation 67(1)
service,
acknowledgment of .....................14(5)(a), Form 4
amended copy ..........................17(1)
personal or by post ...................14(1)
supplemental ..........................17(1)
through petitioner ....................14(2)
upon respondent and co-respondent .....14(1)
settlor ...............................11
supplemental ..........................16
PLEA:-
of Queen's Proctor ....................61(2)
PLEADINGS:-
particulars of ........................26(1)
service of ............................23

POST:-
service..............................by................................................................................. 110





Subject Rule
PRACTICE-

observance of in district courts ....1 .................. 122
PRESUMPTION OF DEATH:-
petition for ........................9(8)

PRISONER-
release of, in absence of judge ........................................ 90(2)
PROCEEDINGS:-
further, on application under r. 10 1 . 102
record of .........................54(6)
QUEEN'S PROCTOR:-
intervention by ......................61
RAPE:-
allegation in petition ................ 13(2)
REGISTRAR:-
access applications to ................ 92(2)

application to, to discharge committal or injunction in judge's absence 90(2)
application to, to dispense with service of petitions upon third parties 14(10)
application unopposed to remove child out of the jurisdiction 94(1)
issue of directions by ..............122

RE-HEARING:-
of a cause, application for ............ 55
REPLY:-
absence of, petitioner deemed to have traversed answer 19(2)

copy for service ................................................ 23

to answer, filing of ............................................ 19(1)
RESCISSION:-
of decree nisi,
after intervention by Queen's Proctor . 61
by consent ............................64
of decree of judicial separation ...... ........................ 67

RESPONDENT:-
alleged adulteress to be made a .................... 13(1)(b)
answer of, to petition ............18(1)
application to dispense with service of petition on 14(10)
directions as to who shall be made a .. 13(2)
heard as to costs without filing answer 49(2)
service of,
amended or supplemental on ............ 17(1)
petition on .......................14(1)
statement as to arrangements for children .......................... 15B
RE-TRANSFER:-
of cause or application to district court 32





SuOect Rule
RULES OF THE SUPREME COURT:-

application of ......................3

SCHEDULE:-

of charges against respondent's behaviour 1 35(1)

SECURED PERIODICAL PAYMENTS:-

claim for made in petition or answer 68(1)

SERVICE:

acknowledgment of .......................... 14(5)(a)
by advertisement, copies of newspapers 14(9A)
by post ...........................110

of

affidavits in interventions .......62(1) to (3)
amended and supplemental petitions 17
answer and other pleadings ........23

application to make nisi absolute by adverse party ........ 65(4)
application under sect. 18B(c) of the

Ordinance .........................6(3)(b), 6(4), (5)
documents .........................111
notice of application for,
ancillary relief ..................70,73(1)
avoidance of a disposition ........74(3)

re-hearing of a cause ............................................. 55(4)
settlement of property ............ 74(3)
variation .....................70,76
variation of settlement ...................................... 74(3)
notice of,

intention to apply for directions in ancillary relief 77(7)

medical examination .............................................. 30(10)

request for periodical payments at same rate as

..maintenance pending suit ....82(2)
order .............................
58

to do or abstain from doing an act 111(3)
originating application . .........5(3)
alteration of maintenance agreement during lifetime
of parties ........................100
in case of wilful neglect to maintain 98
under sect. 12 of the Ordinance ...5(3)
originating summons,

alteration of maintenance agreement after death of one

party ...............................101(4)
maintenance out of deceased's estate 103(3)
out of Hong Kong ....................109
particulars of pleadings ............26(3)
petitions ...........................14,16






plea of Queen's Proctor .............61(2)
schedule of charges of unreasonable conduct 35
supplemental petition ...............17(1)
personal, not to be effected by petitioner 14(3), 111 (1)(a)
proof of . ..........................112
substituted, of petitions ...........14(9)
upon persons under a disability .....106
where no other mode prescribed ......111 (1)(b)

SETTLEMENT OF PROPERTY ORDER:-
affidavit in support of application for ...................................... 74





Subject Rule

application for .....................68
in Form 8 ...........................70
definition of .......................2(2)
filing and service of Form 8 or 9 ...70,73
filing of affidavit in answer .......74(4)

service of affidavit in answer ......76
transfer of application for .........80
SHORTHAND NOTE:-
of proceedings at trial .............54

SIGNATURE:-
of all pleadings other than petitions .21(6)
of amended and supplemental petitions .16(7)
of petitions ..........................11
proof of, at hearing ..................14(5)(b)
STAY:-
of hearing, pending renewal of directions for trial 16(5)(b)
SUBPOENA:-
issue of ..............................42
SUBSTITUTED SERVICE:-
of petitions ..........................14(9)
SUMMONS:-
for committal .........................90(1)
judgment, general provisions ..........87
special provisions ....................88
SUPERVISION:-
of child, application for .............92(1)
variation or discharge of order for ...93
SUPPLEMENTAL ANSWER ...................24
SUPPLEMENTAL PETITION .................16
TIME:-
extension or abridgement of ...........113
for answer or amended answer to amended petition 16(5)(a)
for appeal from registrar in district court 116(1)
for application for appointment of medical inspectors 30(4)
for notice of intention to defend .....15(2)
in relation to service out of Hong Kong 109(3)(a)
for reply to answer ...................19(1)
TRANSCRIPT:-
filing of copy of, in application for a re-hearing 55(7)
of proceedings ........................54(3),(5)
TRANSFER:-
of application,
for ancillary relief,
consideration of, by court ............80(3)
from district court to district court .80(8)

on court's own motion......................................................... 80(10)





Subject Rule

for maintenance out of deceased's estate 103(3)
to alter maintenance agreement after death of one party 102(8)

of cause or application . ..........1 27
back to a district court ........32(3)
from district court to High Court ... 32

on courts own motion .................32
TRIAL:-
determination of place of ............34
directions for .......................33
mode of ..............................48
of issue .............................45

restoration of matters adjourned at ...52
shorthand note of .....................54
VARIATION OF SETTLEMENT:-
evidence on application for ...........74
separate representation of children on 72(1)
VARIATION ORDER:-
evidence on application for ...........75
WARRANT OF EXECUTION:-
issue of ..............................86(2)
WELFARE OFFICER .......................95(1)
WIFE'S PROPERTY SETTLEMENT:-
evidence on application for ...........74
separate representation of children on 72(1)
WILFUL NEGLECT TO MAINTAIN:-
application in the case of ............98
hearing of application ................99
WILFUL REFUSAL:-
application for appointment of medical inspectors by either party 30(6)
WITNESS:-
summons, issue of .....................42
WITNESSES:-
list of ...............................34(2),(3)
WOMAN NAMED:-
in wife's petition made a respondent ..13(1)(b)

WRIT OF FIERI FACIAS:

issue.............................of
................................................................................. 86(2)
L.N. 45/72. L.N. 135/72. L.N. 123/74. L.N. 163/74. L.N. 193/74. L.N. 31/75. L.N. 189/75. 92 of 1975. L.N. 135/76. L.N. 325/82. L.N. 346/82. 49 of 1983. L.N. 6/86. L.N. 78/86. L.N. 217/87. Citation. Interpretation. (Cap. 1.) L.N. 135/72. (Cap. 179.) (Cap. 290.) (Cap. 192.) L.N. 325/82. 92 of 1975, s. 58. 49 of 1983, s. 7. (Cap. 4.) (Cap. 336.) (Cap. 192.) (Cap. 192) (Cap. 4, sub. leg.) Application of the Rules of the supreme Court. (Cap. 4, sub. leg.) Application under section 12 of the Ordinance. L.N. 78/86. Application to court to consider agreement made in contemplation etc. of divorce or judicial separation. L.N. 135/72. L.N. 78/86. L.N. 325/82. L.N. 78/86. Discontinuance of cause before service of petition. Cause to be begun by petition. L.N. 135/72. (Cap. 8.) Petition for jactitation of marriage. Signing of petition. Presentation of petition. L.N. 325/82. L.N. 135/72. L.N. 78/86. L.N. 78/86. L.N. 78/86. Parties. L.N. 135/72. Service of petition. L.N. 78/86. L.N. 135/76. L.N. 78/86. L.N. 135/76. Notice of intention to defend. Notice of absence or withdrawal of consent. L.N. 135/72. Respondent's statement as to arrangements for children. L.N. 135/72. (Cap. 192.) L.N. 78/86. Supplemental petition and amendment of petition. L.N. 346/82. Filing and service of a supplemental or amended petition. L.N. 78/86. Filing of answer to petition. L.N. 135/72. L.N. 135/72. Filing of reply and subsequent pleadings. Filing of pleading after directions for trial. Contents of answer and subsequent pleadings. L.N. 135/72. Allegation against third person in pleading. Service of pleadings. L.N. 78/86. Supplemental answer and amendment of pleadings. Service and amendment of pleadings in Long Vacation. Particulars. Discovery of documents in defended cause. L.N. 325/82. (Cap. 336, sub. Leg.) Discovery by interrrogatories in defended cause. L.N. 135/72. L.N. 78/86. Medical examination in proceedings for nullity. L.N. 135/72. L.N. 325/82. L.N. 325/82. L.N. 325/82. Conduct of medical examination. L.N. 325/82. Order for transfer of cause. L.N. 217/87. Directions for trial. L.N. 123/74. L.N. 123/74. L.N. 135/76. (Cap. 192.) L.N. 325/82. Determination of place of trial. L.N. 123/74. Directions as to allegations under section 11A(1)(b) of the Ordinance. L.N. 135/72. Security for costs. Evidence generally to be taken orally. L.N. 123/74. (Cap. 8.) Evidence by affidavit, etc. L.N. 135/72. Evidence of marriage outside Hong Kong. L.N. 135/72. (1933 c. 4) Saving for judge's powers. Issue of witness summons or subpoena. Hearsay evidence. (Cap. 8, sub. leg.) Fixing of trial. Trial of issue. L.N. 135/76. (Cap. 179.) (Cap. 192.) Further provisions as to date of trial. L.N. 123/74. Disposal of causes in special procedure list. L.N. 123/74. (Cap. 192.) L.N. 135/76. Mode of trial. L.N. 123/74. Answer to be filed if ancillary relief contested. L.N. 135/72. L.N. 123/74. L.N. 31/75. Order as to arrangements for children to be drawn up. L.N. 135/72. (Cap. 192.) Restoration of matters adjourned etc. at the hearing. L.N. 135/72. (Cap. 192.) Shorthand note etc. of proceedings at trial in the High Court. L.N. 135/72. Application for re-hearing. L.N. 123/74. Decrees and orders. L.N. 78/86. L.N. 135/72. L.N. 78/86. L.N. 78/86. Application for rescission of decree. L.N. 135/72. Application under section 17A of the ordinance. L.N. 123/74. L.N. 325/82. Copies of decrees and orders. L.N. 78/86. Intervention to show cause by Queen's Proctor. L.N. 325/82. L.N. 135/72. L.N. 78/86. Intervention to show cause by person other than Queen's Proctor. L.N. 135/72. L.N. 78/86. L.N. 78/86. L.N. 78/86. Rescission of decree nisi by consent. L.N. 135/72. Decree absolute. L.N. 135/72. (Cap. 192.) Certificate of decree absolute. L.N. 325/82. Rescission of decree of judical separation. Application by petitioner or respondent for ancillary relief. L.N. 135/72. Application by guardian etc. for maintenance of children. L.N. 135/72. Application in Form 8 or 8A. L.N. 135/72. Application for ancillary relief after main-tenance order. Children to be separately represented on certain applications. L.N. 135/72. General provisions as to evidence etc. on application for ancillary relief. L.N. 325/82. L.N. 135/72. Evidence on application for settlement of property, etc. L.N. 135/72. Evidence on application for evidence order. L.N. 135/72. Service of affidavit in answer or reply. L.N. 135/72. Investigation by court of application for ancillary relief. L.N. 135/72. L.N. 325/82. Interim orders. L.N. 325/82. Transfer of application for ancillary relief; general provisions. L.N. 135/72. L.N. 325/82. Arrangements for hearing of application etc. by judge. Request for periodical payments order at same rate as order for maintenance pending suit. L.N. 135/72. Application for order under section 17(10 (a) of the Matrimonial Proceedings and Property Ordinance. L.N. 135/72. (Cap. 192.) Enforcement of order for payment of money, etc. L.N. 135/72. (Cap. 192.) Judgment summons; general provisions. L.N. 193/74. Special provisions as to judgment summons. L.N. 193/74. L.N. 189/75. (Cap. 336, sub. leg.) Committal and injunction. L.N. 325/82. Removal of district court order into High Court. Custody, care and supervision of children. L.N. 135/76. L.N. 135/72. Further provisions as to orders under section 48 of the Ordinance. Removal of child out of Hong Kong, etc. L.N. 135/72. L.N. 325/82. Reference to the Director of Social Welfare. Statement of other proceedings on application relating to child. Application case of wilful neglect to maintain. L.N. 135/72. L.N. 78/86. (Cap. 192.) L.N. 78/86. Hearing of application under rule 98. L.N. 325/82. Application for alteration of maintenance agreement during lifetime of parties. L.N. 135/72. (Cap. 192.) L.N. 325/82. L.N. 78/86. L.N. 78/86. L.N. 78/86. Application for alteration of maintenance agreement after death of one party. L.N. 135/72. L.N. 325/82. L.N. 346/82. (Cap. 192.) L.N. 78/86. Further proceedings on application under rule 101. L.N. 135/72. L.N. 78/86. L.N. 325/82. (Cap. 192.) Application for maintenance from deceased's estate. L.N. 325/82. L.N. 78/86. Person under disability must sue by next friend, etc. (Cap/ 136.) L.N. 135/72. L.N. 325/82. Service on person under disability. L.N. 135/72. 9Cap. 136.) Petition for nullity on ground of insanity, etc. L.N. 325/82. Separate representation of children. Service out of Hong Kong. L.N. 325/82. Service by post. L.N. 325/82. Service of documents. L.N. 78/86. Proof of service. L.N. 78/86. Abridgement etc. of time. L.N. 78/86. Mode of making applications. L.N. 325/82. Appeal from registrar in district court proceedings. No notice of intention to proceed after year's delay. Filing of documents at place of hearing, etc. Mode of giving notice. Procedure on transfer of cause or application. Inspection etc. of documents retained in court. L.N. 135/72. L.N. 123/74. L.N. 325/82. Practice to be observed in district courts. Legitimacy Proceedings. L.N. 346/82. Transitional provisions. Further transitional provisions. L.N. 325/82. Additional transitional provisions. L.N. 78/86. (L.N. 78/86.) Further additional transitional provisions. L.N. 217/87. (L.N. 217/87.) Saving. L.N. 135/72. (Cap. 192.) L.N. 325/82. L.N. 78/86. L.N. 325/82. L.N. 135/72. L.N. 135/72. L.N. 135/72. L.N. 325/82. (1) Amend if the proceedings are pending in High Court. (2) Or as the case may be. L.N. 78/86. (3) Delete if inapplicable. L.N. 78/86. L.N. 325/82. (2) or as the case may be. (3) Delete if inapplicable. (4) Delete Question 8 except in the case of a petition. (5) Insert whichever of the following item is applicable. (6) Delete Question 9 (except in the case of a respondent spouse in proceedings begun by petition). L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 135/72. L.N. 325/82. L.N. 135/72. L.N. 135/72. L.N. 78/86. L.N. 135/72. L.N. 325/82. L.N. 325/82. L.N. 135/72. L.N. 135/76. L.N. 135/76. L.N. 135/76. L.N. 193/74. L.N. 193/74. L.N. 78/86. L.N. 78/86.

L.N. 45/72. L.N. 135/72. L.N. 123/74. L.N. 163/74. L.N. 193/74. L.N. 31/75. L.N. 189/75. 92 of 1975. L.N. 135/76. L.N. 325/82. L.N. 346/82. 49 of 1983. L.N. 6/86. L.N. 78/86. L.N. 217/87. Citation. Interpretation. (Cap. 1.) L.N. 135/72. (Cap. 179.) (Cap. 290.) (Cap. 192.) L.N. 325/82. 92 of 1975, s. 58. 49 of 1983, s. 7. (Cap. 4.) (Cap. 336.) (Cap. 192.) (Cap. 192) (Cap. 4, sub. leg.) Application of the Rules of the supreme Court. (Cap. 4, sub. leg.) Application under section 12 of the Ordinance. L.N. 78/86. Application to court to consider agreement made in contemplation etc. of divorce or judicial separation. L.N. 135/72. L.N. 78/86. L.N. 325/82. L.N. 78/86. Discontinuance of cause before service of petition. Cause to be begun by petition. L.N. 135/72. (Cap. 8.) Petition for jactitation of marriage. Signing of petition. Presentation of petition. L.N. 325/82. L.N. 135/72. L.N. 78/86. L.N. 78/86. L.N. 78/86. Parties. L.N. 135/72. Service of petition. L.N. 78/86. L.N. 135/76. L.N. 78/86. L.N. 135/76. Notice of intention to defend. Notice of absence or withdrawal of consent. L.N. 135/72. Respondent's statement as to arrangements for children. L.N. 135/72. (Cap. 192.) L.N. 78/86. Supplemental petition and amendment of petition. L.N. 346/82. Filing and service of a supplemental or amended petition. L.N. 78/86. Filing of answer to petition. L.N. 135/72. L.N. 135/72. Filing of reply and subsequent pleadings. Filing of pleading after directions for trial. Contents of answer and subsequent pleadings. L.N. 135/72. Allegation against third person in pleading. Service of pleadings. L.N. 78/86. Supplemental answer and amendment of pleadings. Service and amendment of pleadings in Long Vacation. Particulars. Discovery of documents in defended cause. L.N. 325/82. (Cap. 336, sub. Leg.) Discovery by interrrogatories in defended cause. L.N. 135/72. L.N. 78/86. Medical examination in proceedings for nullity. L.N. 135/72. L.N. 325/82. L.N. 325/82. L.N. 325/82. Conduct of medical examination. L.N. 325/82. Order for transfer of cause. L.N. 217/87. Directions for trial. L.N. 123/74. L.N. 123/74. L.N. 135/76. (Cap. 192.) L.N. 325/82. Determination of place of trial. L.N. 123/74. Directions as to allegations under section 11A(1)(b) of the Ordinance. L.N. 135/72. Security for costs. Evidence generally to be taken orally. L.N. 123/74. (Cap. 8.) Evidence by affidavit, etc. L.N. 135/72. Evidence of marriage outside Hong Kong. L.N. 135/72. (1933 c. 4) Saving for judge's powers. Issue of witness summons or subpoena. Hearsay evidence. (Cap. 8, sub. leg.) Fixing of trial. Trial of issue. L.N. 135/76. (Cap. 179.) (Cap. 192.) Further provisions as to date of trial. L.N. 123/74. Disposal of causes in special procedure list. L.N. 123/74. (Cap. 192.) L.N. 135/76. Mode of trial. L.N. 123/74. Answer to be filed if ancillary relief contested. L.N. 135/72. L.N. 123/74. L.N. 31/75. Order as to arrangements for children to be drawn up. L.N. 135/72. (Cap. 192.) Restoration of matters adjourned etc. at the hearing. L.N. 135/72. (Cap. 192.) Shorthand note etc. of proceedings at trial in the High Court. L.N. 135/72. Application for re-hearing. L.N. 123/74. Decrees and orders. L.N. 78/86. L.N. 135/72. L.N. 78/86. L.N. 78/86. Application for rescission of decree. L.N. 135/72. Application under section 17A of the ordinance. L.N. 123/74. L.N. 325/82. Copies of decrees and orders. L.N. 78/86. Intervention to show cause by Queen's Proctor. L.N. 325/82. L.N. 135/72. L.N. 78/86. Intervention to show cause by person other than Queen's Proctor. L.N. 135/72. L.N. 78/86. L.N. 78/86. L.N. 78/86. Rescission of decree nisi by consent. L.N. 135/72. Decree absolute. L.N. 135/72. (Cap. 192.) Certificate of decree absolute. L.N. 325/82. Rescission of decree of judical separation. Application by petitioner or respondent for ancillary relief. L.N. 135/72. Application by guardian etc. for maintenance of children. L.N. 135/72. Application in Form 8 or 8A. L.N. 135/72. Application for ancillary relief after main-tenance order. Children to be separately represented on certain applications. L.N. 135/72. General provisions as to evidence etc. on application for ancillary relief. L.N. 325/82. L.N. 135/72. Evidence on application for settlement of property, etc. L.N. 135/72. Evidence on application for evidence order. L.N. 135/72. Service of affidavit in answer or reply. L.N. 135/72. Investigation by court of application for ancillary relief. L.N. 135/72. L.N. 325/82. Interim orders. L.N. 325/82. Transfer of application for ancillary relief; general provisions. L.N. 135/72. L.N. 325/82. Arrangements for hearing of application etc. by judge. Request for periodical payments order at same rate as order for maintenance pending suit. L.N. 135/72. Application for order under section 17(10 (a) of the Matrimonial Proceedings and Property Ordinance. L.N. 135/72. (Cap. 192.) Enforcement of order for payment of money, etc. L.N. 135/72. (Cap. 192.) Judgment summons; general provisions. L.N. 193/74. Special provisions as to judgment summons. L.N. 193/74. L.N. 189/75. (Cap. 336, sub. leg.) Committal and injunction. L.N. 325/82. Removal of district court order into High Court. Custody, care and supervision of children. L.N. 135/76. L.N. 135/72. Further provisions as to orders under section 48 of the Ordinance. Removal of child out of Hong Kong, etc. L.N. 135/72. L.N. 325/82. Reference to the Director of Social Welfare. Statement of other proceedings on application relating to child. Application case of wilful neglect to maintain. L.N. 135/72. L.N. 78/86. (Cap. 192.) L.N. 78/86. Hearing of application under rule 98. L.N. 325/82. Application for alteration of maintenance agreement during lifetime of parties. L.N. 135/72. (Cap. 192.) L.N. 325/82. L.N. 78/86. L.N. 78/86. L.N. 78/86. Application for alteration of maintenance agreement after death of one party. L.N. 135/72. L.N. 325/82. L.N. 346/82. (Cap. 192.) L.N. 78/86. Further proceedings on application under rule 101. L.N. 135/72. L.N. 78/86. L.N. 325/82. (Cap. 192.) Application for maintenance from deceased's estate. L.N. 325/82. L.N. 78/86. Person under disability must sue by next friend, etc. (Cap/ 136.) L.N. 135/72. L.N. 325/82. Service on person under disability. L.N. 135/72. 9Cap. 136.) Petition for nullity on ground of insanity, etc. L.N. 325/82. Separate representation of children. Service out of Hong Kong. L.N. 325/82. Service by post. L.N. 325/82. Service of documents. L.N. 78/86. Proof of service. L.N. 78/86. Abridgement etc. of time. L.N. 78/86. Mode of making applications. L.N. 325/82. Appeal from registrar in district court proceedings. No notice of intention to proceed after year's delay. Filing of documents at place of hearing, etc. Mode of giving notice. Procedure on transfer of cause or application. Inspection etc. of documents retained in court. L.N. 135/72. L.N. 123/74. L.N. 325/82. Practice to be observed in district courts. Legitimacy Proceedings. L.N. 346/82. Transitional provisions. Further transitional provisions. L.N. 325/82. Additional transitional provisions. L.N. 78/86. (L.N. 78/86.) Further additional transitional provisions. L.N. 217/87. (L.N. 217/87.) Saving. L.N. 135/72. (Cap. 192.) L.N. 325/82. L.N. 78/86. L.N. 325/82. L.N. 135/72. L.N. 135/72. L.N. 135/72. L.N. 325/82. (1) Amend if the proceedings are pending in High Court. (2) Or as the case may be. L.N. 78/86. (3) Delete if inapplicable. L.N. 78/86. L.N. 325/82. (2) or as the case may be. (3) Delete if inapplicable. (4) Delete Question 8 except in the case of a petition. (5) Insert whichever of the following item is applicable. (6) Delete Question 9 (except in the case of a respondent spouse in proceedings begun by petition). L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 325/82. L.N. 135/72. L.N. 325/82. L.N. 135/72. L.N. 135/72. L.N. 78/86. L.N. 135/72. L.N. 325/82. L.N. 325/82. L.N. 135/72. L.N. 135/76. L.N. 135/76. L.N. 135/76. L.N. 193/74. L.N. 193/74. L.N. 78/86. L.N. 78/86.

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