Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 10A

Commencement and transfer of proceedings

(Past version on 30/06/1997).

Amendments retroactively made - see 25 of 1998 s. 2

PART IIA

COMMENCEMENT OF PROCEEDINGS

(1) Subject to subsection (2), a matrimonial cause and any other proceedings
under this Ordinance shall be commenced in the District Court: Provided that
rules may make provision-

   (a)  for the transfer to the High Court of any cause or proceedings upon
        the application of any party or at the instance of the District Court;
        and

   (b)  for the transfer or retransfer from the High Court of any cause or
        proceedings to the District Court. (Amended 25 of 1998 s. 2)

(2) An application under section 39 shall be made to the court that made the
order to which the application relates: Provided that rules of court may make
provision for the transfer of applications from one court to the other.

(3) The District Court may exercise jurisdiction under this Ordinance although
the amount claimed in the proceedings would, but for this subsection, be
beyond the jurisdiction of that court. (Replaced 79 of 1981 s. 5)