Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 15

Hearing of petition

(Past version on 30/06/1997).

(1) In any proceedings for divorce it shall be the duty of the court to
inquire, in so far as it reasonably can, into any facts alleged by any party
to the proceedings. (Replaced 29 of 1995 s. 10)

(2) If the court is satisfied on the evidence of any such fact as is mentioned
in section 11A(2) or 11B(2), then unless it is satisfied on all the evidence
that the marriage has not broken down irretrievably, it shall, subject to
subsection (3) of this section, grant a decree nisi of divorce. (Amended 29 of
1995 s. 17) [cf. 1969 c. 55 s. 2(3) U.K.]

(3) If it appears to the court, at the hearing of a petition for divorce
presented in pursuance of leave granted under section 12(2), that the leave
was obtained by the petitioner by any misrepresentation or concealment of the
nature of the case, the court may-

   (a)  dismiss the petition, without prejudice to any petition which may be
        brought after the expiration of the period of 1 year from the date of
        the marriage upon the same facts, or substantially the same facts, as
        those proved in support of the dismissed petition; or (Amended 29 of
        1995 s. 10)

   (b)  if it grants a decree, direct that no application to make the decree
        absolute shall be made during that period. [cf. 1965 c. 72 s. 5(5)
        U.K.]

(4) If in any proceedings for divorce the respondent alleges against the
petitioner and proves any such fact as is mentioned in section  11A (2), the
court may give to the respondent the relief to which the respondent would have
been entitled if the respondent had presented a petition seeking that relief.
(Amended 29 of 1995 s. 17) [cf. 1965 c. 72 s. 5(6) U.K.]

(5) Every decree of divorce shall in the first instance be a decree nisi and
shall not be made absolute before the expiration of 3 months from its grant,
unless the Chief Judge by general order, or the court in any particular case,
fixes a shorter period. (Amended 10 of 2005 s. 12) [cf. 1965 c. 72 s. 5(7)
U.K.] (Replaced 33 of 1972 s. 6)