Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 14

Alleged adulterer as a party

(1) Where in a petition for divorce one party to the marriage alleges that the
other has committed adultery, the party making the allegation shall make the
person alleged to have committed adultery with the other party to the marriage
a party to the proceedings unless excused by the court on special grounds from
doing so.

(2) Rules of court may, either generally or in such cases as may be prescribed
by the rules, exclude the application of subsection (1) where the person
alleged to have committed adultery with the other party to the marriage is not
named in the petition.

(3) Where in pursuance of subsection (1) a person is made a party to a
petition for divorce, the court may, if, after the close of the evidence on
the part of the person making the allegation of adultery, it is of opinion
that as regards the allegation there is not sufficient evidence against the
person so made a party, dismiss him or her from the suit.

(4) (a) Rules of court may make provision, in cases not falling within
subsection (1), with respect to the joinder as parties to proceedings under
this Ordinance of persons involved in allegations of adultery made in those
proceedings, and with respect to the dismissal from such proceedings of any
party so joined.

   (b)  Rules of court made by virtue of this subsection may make different
        provision for different cases. (Replaced 29 of 1995 s. 9)