Hong Kong Ordinances

MATRIMONIAL CAUSES ORDINANCE - SECT 15C

Power to rescind decree nisi in certain cases

(1) Where the court on granting a decree nisi of divorce holds that the only
fact on which the petitioner is entitled to rely in support of his petition is
that mentioned in section 11A(2)(c), it may, on application made by the
respondent at any time before the decree is made absolute, rescind the decree
if it is satisfied that the petitioner has misled the respondent, whether
intentionally or unintentionally, about any matter which the respondent has
taken into account in deciding to consent to the grant of a decree. (Amended
29 of 1995 ss. 12 & 17)

(2) Where a court on granting a decree nisi of divorce is satisfied in
accordance with the requirement of section 11B(2)(a), it may, on an
application's being made in that behalf by either party to the marriage, at
any time before the decree is made absolute, rescind the decree if it is
satisfied by that party that he or she has been misled by the other party,
whether intentionally or unintentionally, about any matter which he or she
took into account when deciding to make the application for divorce. (Added 29
of 1995 s. 12) (Added 33 of 1972 s. 7) [cf. 1969 c. 55 s. 5 U.K.]