MATRIMONIAL CAUSES RULES - CHAPTER 179A MATRIMONIAL CAUSES RULES - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 179 section 54) [1 April 1972] (L.N. 45 of 1972) MATRIMONIAL CAUSES RULES - RULE 1 Citation VerDate:30/06/1997 PRELIMINARY These rules may be cited as the Matrimonial Causes Rules. MATRIMONIAL CAUSES RULES - RULE 2 Interpretation VerDate:26/04/2002 (1) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for the interpretation of these rules as it applies for the interpretation of an Ordinance. (2) In these rules, unless the context otherwise requires- "the Ordinance" (本條例) means the Matrimonial Causes Ordinance (Cap 179); "adopted" (領養) means adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap 290); "ancillary relief" (附屬濟助) 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" (廢止產權處置令) means an order under section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192) setting aside a disposition; "cause" (訴訟) means a matrimonial cause as defined by section 2 of the Ordinance; "child" (子女) and "child of the family" (家庭子女) have the same meaning as in section 2 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "court" (法院) means the District Court; (L.N. 325 of 1982; L.N. 26 of 2002) "defended cause" (有抗辯訴訟) means a cause not being an undefended cause; "directions for trial" (審訊指示) means directions for trial given under rule 33; "financial provision" (經濟給養) has the same meaning as in section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "joint application" (共同申請、共同申請書) means an application made by both parties to the marriage under section 11B of the Ordinance; (L.N. 172 of 1996) "judge" (法官)- (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 Court of First Instance includes the Chief Judge of the High Court, any judge of the Court of First Instance exercising jurisdiction in matrimonial proceedings and any deputy judge exercising jurisdiction in such proceedings under or by virtue of section 10 of the High Court Ordinance (Cap 4) and any order made thereunder; (92 of 1975 s. 58; 49 of 1983 s. 7; 79 of 1995 s. 50; 25 of 1998 s. 2; L.N. 26 of 2002) "lump sum order" (整筆付款令) 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" (婚姻法律程序) means any proceedings with respect to which rules may be made under section 54(1) of the Ordinance; "notice of intention to defend" (擬抗辯通知) has the meaning assigned to it by rule 15; "order for maintenance pending suit" (在訟案待決期間提供膽養費令) means an order under section 3 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "periodical payments order" (定期付款令) means an order under section 4(1)(a) or under section 5(2)(a) of the Matrimonial Proceedings and Property Ordinance (Cap 192) in respect of a party or a child of the family respectively; "Person named" (被指名者) includes a person described as "passing under the name of A.B."; "registrar" (司法常務官) means- (a) in relation to proceedings (being proceedings other than taxation of costs of proceedings) pending in the District Court, the registrar of the High Court exercising his jurisdiction as the registrar of the District Court by virtue of section 14(4) of the District Court Ordinance (Cap 336); (L.N. 26 of 2002) (aa) in relation to taxation of costs of proceedings in the District Court, the Registrar as defined in section 2 of the District Court Ordinance (Cap 336); (L.N. 26 of 2002) (b) in relation to proceedings pending in the Court of First Instance, the registrar of the High Court; (25 of 1998 s. 2) "secured periodical payments order" (有保證定期付款令) means an order under section 4(1)(b) or section 5(2)(b) of the Matrimonial Proceedings and Property Ordinance (Cap 192) in respect of a party, or a child of the family respectively; "settlement of property order" (授產安排令) means an order under section 6(b) of the Matrimonial Proceedings and Property Ordinance; "transfer of property order" (財產轉讓令) means an order under section 6(a) of the Matrimonial Proceedings and Property Ordinance; "undefended cause" (無抗辯訴訟) 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" (更改授產安排令) means an order under section 6(c) or (d) of the Matrimonial Proceedings and Property Ordinance (Cap 192); "variation order" (更改令) means an order under section 11 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "welfare" (福利) has the same meaning as in section 18 of the Matrimonial Proceedings and Property Ordinance (Cap 192). (L.N. 135 of 1972) (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.H.C." is a reference to that Order and rule in the Rules of the High Court (Cap 4 sub. leg.). (25 of 1998 s. 2; L.N. 26 of 2002) (6A) In these rules any reference to an Order and rule if prefixed by the letters "R.D.C." is a reference to that Order and rule in the Rules of the District Court (Cap 336 sub. leg.). (L.N. 26 of 2002) (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. "the Ordinance" (本條例) "adopted" (領養) "ancillary relief" (附屬濟助) "avoidance of disposition order" (廢止產權處置令) "child" (子女) and "child of the family" (家庭子女) "court" (法院) "defended cause" (有抗辯訴訟) "directions for trial" (審訊指示) "financial provision" (經濟給養) "joint application" (共同申請、共同申請書) "judge" (法官) "lump sum order" (整筆付款令) "matrimonial proceedings" (婚姻法律程序) "notice of intention to defend" (擬抗辯通知) "order for maintenance pending suit" (在訟案待決期間提供膽養費令) "periodical payments order" (定期付款令) "Person named" (被指名者) "registrar" (司法常務官) "secured periodical payments order" (有保證定期付款令) "settlement of property order" (授產安排令) "transfer of property order" (財產轉讓令) "undefended cause" (無抗辯訴訟) "variation of settlement order" (更改授產安排令) "variation order" (更改令) "welfare" (福利) "R.H.C." (高等法院規則) MATRIMONIAL CAUSES RULES - RULE 2 Interpretation VerDate:01/07/1997 Adaptation amendments retroactively made - see 25 of 1998 s. 2 (1) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for the interpretation of these rules as it applies for the interpretation of an Ordinance. (2) In these rules, unless the context otherwise requires- "the Ordinance" (本條例) means the Matrimonial Causes Ordinance (Cap 179); "adopted" (領養) means adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap 290); "ancillary relief" (附屬濟助) 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" (廢止產權處置令) means an order under section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192) setting aside a disposition; "cause" (訴訟) means a matrimonial cause as defined by section 2 of the Ordinance; "child" (子女) and "child of the family" (家庭子女) have the same meaning as in section 2 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "court" (法院) means the district court; (L.N. 325 of 1982) "defended cause" (有抗辯訴訟) means a cause not being an undefended cause; "directions for trial" (審訊指示) means directions for trial given under rule 33; "financial provision" (經濟給養) has the same meaning as in section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "joint application" (共同申請、共同申請書) means an application made by both parties to the marriage under section 11B of the Ordinance; (L.N. 172 of 1996) "judge" (法官)- (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 Court of First Instance includes the Chief Judge of the High Court, any judge of the Court of First Instance exercising jurisdiction in matrimonial proceedings and any deputy judge exercising jurisdiction in such proceedings under or by virtue of section 10 of the High Court Ordinance (Cap 4) and any order made thereunder; (92 of 1975 s. 58; 49 of 1983 s. 7; 79 of 1995 s. 50; 25 of 1998 s. 2) "lump sum order" (整筆付款令) 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" (婚姻法律程序) means any proceedings with respect to which rules may be made under section 54(1) of the Ordinance; "notice of intention to defend" (擬抗辯通知) has the meaning assigned to it by rule 15; "order for maintenance pending suit" (在訟案待決期間提供膽養費令) means an order under section 3 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "periodical payments order" (定期付款令) means an order under section 4(1)(a) or under section 5(2)(a) of the Matrimonial Proceedings and Property Ordinance (Cap 192) in respect of a party or a child of the family respectively; "Person named" (被指名者) includes a person described as "passing under the name of A.B."; "registrar" (司法常務官) means- (a) in relation to proceedings pending in a district court, the registrar of the High Court exercising his jurisdiction as the registrar of the district court by virtue of section 14(4) of the District Court Ordinance (Cap 336); (b) in relation to proceedings pending in the Court of First Instance, the registrar of the High Court; (25 of 1998 s. 2) "secured periodical payments order" (有保證定期付款令) means an order under section 4(1)(b) or section 5(2)(b) of the Matrimonial Proceedings and Property Ordinance (Cap 192) in respect of a party, or a child of the family respectively; "settlement of property order" (授產安排令) means an order under section 6(b) of the Matrimonial Proceedings and Property Ordinance; "transfer of property order" (財產轉讓令) means an order under section 6(a) of the Matrimonial Proceedings and Property Ordinance; "undefended cause" (無抗辯訴訟) 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" (更改授產安排令) means an order under section 6(c) or (d) of the Matrimonial Proceedings and Property Ordinance (Cap 192); "variation order" (更改令) means an order under section 11 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "welfare" (福利) has the same meaning as in section 18 of the Matrimonial Proceedings and Property Ordinance (Cap 192). (L.N. 135 of 1972) (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.H.C." (高等法院規則) is a reference to that Order and rule in the Rules of the High Court (Cap 4 sub. leg.). (25 of 1998 s. 2) (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. "the Ordinance" (本條例) "adopted" (領養) "ancillary relief" (附屬濟助) "avoidance of disposition order" (廢止產權處置令) "child" (子女) and "child of the family" (家庭子女) "court" (法院) "defended cause" (有抗辯訴訟) "directions for trial" (審訊指示) "financial provision" (經濟給養) "joint application" (共同申請、共同申請書) "judge" (法官) "lump sum order" (整筆付款令) "matrimonial proceedings" (婚姻法律程序) "notice of intention to defend" (擬抗辯通知) "order for maintenance pending suit" (在訟案待決期間提供膽養費令) "periodical payments order" (定期付款令) "Person named" (被指名者) "registrar" (司法常務官) "secured periodical payments order" (有保證定期付款令) "settlement of property order" (授產安排令) "transfer of property order" (財產轉讓令) "undefended cause" (無抗辯訴訟) "variation of settlement order" (更改授產安排令) "variation order" (更改令) "welfare" (福利) "R.H.C." (高等法院規則) MATRIMONIAL CAUSES RULES - RULE 2 Interpretation VerDate:30/06/1997 (1) The Interpretation and General Clauses Ordinance (Cap 1) shall apply for the interpretation of these rules as it applies for the interpretation of an Ordinance. (2) In these rules, unless the context otherwise requires- "the Ordinance" (本條例) means the Matrimonial Causes Ordinance (Cap 179); "adopted" (領養) means adopted in pursuance of an adoption order made under the Adoption Ordinance (Cap 290); "ancillary relief" (附屬濟助) 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" (廢止產權處置令) means an order under section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192) setting aside a disposition; "cause" (訴訟) means a matrimonial cause as defined by section 2 of the Ordinance; "child" (子女) and "child of the family" (家庭子女) have the same meaning as in section 2 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "court" (法院) means the district court; (L.N. 325 of 1982) "defended cause" (有抗辯訴訟) means a cause not being an undefended cause; "directions for trial" (審訊指示) means directions for trial given under rule 33; "financial provision" (經濟給養) has the same meaning as in section 17 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "joint application" (共同申請、共同申請書) means an application made by both parties to the marriage under section 11B of the Ordinance; (L.N. 172 of 1996) "judge" (法官)- (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 (Cap 4) and any order made thereunder; (92 of 1975 s. 58; 49 of 1983 s. 7) "lump sum order" (整筆付款令) 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" (婚姻法律程序) means any proceedings with respect to which rules may be made under section 54(1) of the Ordinance; "notice of intention to defend" (擬抗辯通知) has the meaning assigned to it by rule 15; "order for maintenance pending suit" (在訟案待決期間提供膽養費令) means an order under section 3 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "periodical payments order" (定期付款令) means an order under section 4(1)(a) or under section 5(2)(a) of the Matrimonial Proceedings and Property Ordinance (Cap 192) in respect of a party or a child of the family respectively; "Person named" (被指名者) includes a person described as "passing under the name of A.B."; "registrar" (司法常務官) 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 (Cap 336); (b) in relation to proceedings pending in the High Court, the registrar of the Supreme Court; "secured periodical payments order" (有保證定期付款令) means an order under section 4(1)(b) or section 5(2)(b) of the Matrimonial Proceedings and Property Ordinance (Cap 192) in respect of a party, or a child of the family respectively; "settlement of property order" (授產安排令) means an order under section 6(b) of the Matrimonial Proceedings and Property Ordinance; "transfer of property order" (財產轉讓令) means an order under section 6(a) of the Matrimonial Proceedings and Property Ordinance; "undefended cause" (無抗辯訴訟) 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" (更改授產安排令) means an order under section 6(c) or (d) of the Matrimonial Proceedings and Property Ordinance (Cap 192); "variation order" (更改令) means an order under section 11 of the Matrimonial Proceedings and Property Ordinance (Cap 192); "welfare" (福利) has the same meaning as in section 18 of the Matrimonial Proceedings and Property Ordinance (Cap 192). (L.N. 135 of 1972) (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." (最高法院規則) is a reference to that Order and rule in the Rules of the Supreme Court (Cap 4 sub. leg.). (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. "the Ordinance" (本條例) "adopted" (領養) "ancillary relief" (附屬濟助) "avoidance of disposition order" (廢止產權處置令) "cause" (訴訟) "child" (子女) and "child of the family" (家庭子女) "court" (法院) "defended cause" (有抗辯訴訟) "directions for trial" (審訊指示) "financial provision" (經濟給養) "joint application" (共同申請、共同申請書) "judge" (法官) "lump sum order" (整筆付款令) "matrimonial proceedings" (婚姻法律程序) "notice of intention to defend" (擬抗辯通知) "order for maintenance pending suit" (在訟案待決期間提供膽養費令) "periodical payments order" (定期付款令) "Person named" (被指名者) "registrar" (司法常務官) "secured periodical payments order" (有保證定期付款令) "settlement of property order" (授產安排令) "transfer of property order" (財產轉讓令) "undefended cause" (無抗辯訴訟) "variation of settlement order" (更改授產安排令) "variation order" (更改令) "welfare" (福利) "R.S.C." (最高法院規則) MATRIMONIAL CAUSES RULES - RULE 3 Application of the Rules of the High Court VerDate:26/04/2002 Subject to the provisions of these rules and of any enactment, the Rules of the High Court (Cap 4 sub. leg.) 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 Court of First Instance or in the District Court. (25 of 1998 s. 2; L.N. 26 of 2002) MATRIMONIAL CAUSES RULES - RULE 3 Application of the Rules of the High Court VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 Subject to the provisions of these rules and of any enactment, the Rules of the High Court (Cap 4 sub. leg.) 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 Court of First Instance or in a district court. (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 3 Application of the Rules of the Supreme Court VerDate:30/06/1997 Subject to the provisions of these rules and of any enactment, the Rules of the Supreme Court (Cap 4 sub. leg.) 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. MATRIMONIAL CAUSES RULES - RULE 4 Use of language in proceedings VerDate:30/06/1997 (1) A judge may use either or both of the official languages in any proceedings or a part of any proceedings before him as he considers appropriate for the just and expeditious disposal of the proceedings before him. (2) The decision of the judge under paragraph (1) is final. (3) A party to or a witness in any proceedings or a part of any proceedings before the court may- (a) use either or both of the official languages; and (b) address the court or testify in any language. (4) A legal representative in any proceedings or a part of any proceedings before the court may use either or both of the official languages. (5) Documents prepared for use by the court in any proceedings may be in either official language. (6) A party may file a document to be served on another party or person in either official language. (7) A party served with a document in an official language with which he is not familiar may within 3 days of being served request in writing the party serving the document to provide a translation of the document into the other official language. The party receiving the request shall indicate in writing within 3 days of receiving the request whether he will provide the translation or not. (8) A party who agrees to provide a translation shall do so as soon as practicable. (9) A party whose request is refused may apply to the court for an order that the party serving the document shall provide the other party with a translation of it. The court may order the party serving the document to provide a translation of it if the court is satisfied that the request is reasonable. The court may further order that the time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period will not start to run until the translation is received by the applicant. (10) The time for compliance with any rule or order requiring the taking of any step in the proceedings within a particular period shall start to run if a request in writing is served under paragraph (7)- (a) only after the receipt of the refusal to give a translation; (b) only after the receipt of the translation; or (c) as may be ordered by the court under paragraph (9). (11) A party applying for an order from the court shall supply the minute for the order in the language in which the order is to be made and shall produce a certified translation of the order in the other official language if the court directs that the other version is necessary or appropriate. (12) The costs of and incidental to providing a translation under this rule are costs in the cause of the proceedings if the court so directs. (13) The official record of proceedings shall be kept in the official language or official languages as the judge hearing the proceedings may direct. (14) The transcript of proceedings for appeal purposes shall be prepared in the official language that the appeal court directs. (L.N. 590 of 1995) MATRIMONIAL CAUSES RULES - RULE 5 Application under section 12 of the Ordinance VerDate:26/04/2002 COMMENCEMENT ETC. OF PROCEEDINGS (1) An application under section 12 of the Ordinance for leave to present a petition for divorce before the expiration of 1 year from the date of the marriage shall be made by originating application. (L.N. 172 of 1996) (2) The application shall be filed in the District Court, together with- (L.N. 26 of 2002) (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 reconciliation 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) (Repealed L.N. 78 of 1986) (c) unless otherwise directed on an application made ex parte, 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. (L.N. 78 of 1986) (4) (Repealed L.N. 325 of 1982) (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. MATRIMONIAL CAUSES RULES - RULE 5 Application under section 12 of the Ordinance VerDate:30/06/1997 COMMENCEMENT ETC. OF PROCEEDINGS (1) An application under section 12 of the Ordinance for leave to present a petition for divorce before the expiration of 1 year from the date of the marriage shall be made by originating application. (L.N. 172 of 1996) (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 reconciliation 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) (Repealed L.N. 78 of 1986) (c) unless otherwise directed on an application made ex parte, 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. (L.N. 78 of 1986) (4) (Repealed L.N. 325 of 1982) (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. MATRIMONIAL CAUSES RULES - RULE 6 Application to court to consider agreement made in contemplation etc. of divorce or judicial separation VerDate:26/04/2002 (1) On application made either before or after the presentation of a petition for divorce or judicial separation, or the making of a joint application, as the case may be, 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. (L.N. 172 of 1996) (2) Unless otherwise directed on an application made ex parte, 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 or the making of the joint application, as the case may be, any person whom it is intended to make a party to those proceedings, shall be made a respondent to the application. (L.N. 172 of 1996) (3) Where an application is made before the presentation of a petition or the making of a joint application, as the case may be- (L.N. 172 of 1996) (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; (L.N. 78 of 1986) (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 or the making of a joint application, as the case may be, shall be made by summons to a judge of the District Court and shall, unless otherwise directed, be heard in chambers. (L.N. 325 of 1982; L.N. 172 of 1996; L.N. 26 of 2002) (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. (L.N. 78 of 1986) (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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 6 Application to court to consider agreement made in contemplation etc. of divorce or judicial separation VerDate:30/06/1997 (1) On application made either before or after the presentation of a petition for divorce or judicial separation, or the making of a joint application, as the case may be, 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. (L.N. 172 of 1996) (2) Unless otherwise directed on an application made ex parte, 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 or the making of the joint application, as the case may be, any person whom it is intended to make a party to those proceedings, shall be made a respondent to the application. (L.N. 172 of 1996) (3) Where an application is made before the presentation of a petition or the making of a joint application, as the case may be- (L.N. 172 of 1996) (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; (L.N. 78 of 1986) (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 or the making of a joint application, as the case may be, shall be made by summons to a judge of the district court and shall, unless otherwise directed, be heard in chambers. (L.N. 325 of 1982; L.N. 172 of 1996) (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. (L.N. 78 of 1986) (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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 7 Discontinuance of cause before service of petition VerDate:30/06/1997 Before a petition is served on any person, the petitioner may file a notice of discontinuance and the cause shall thereupon stand dismissed. MATRIMONIAL CAUSES RULES - RULE 8 (Repealed) VerDate:30/06/1997 (Repealed L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 9 Cause to be begun by petition or originating application VerDate:30/06/1997 (1) (a) Subject to rule 5 and subparagraph (b), every cause shall be begun by petition. (b) A joint application shall be made by originating application. (L.N. 172 of 1996) (2) Unless otherwise directed, every petition and every joint application shall contain the information required by Form 2 and by Form 2C respectively 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. (80 of 1997 s. 83) (3) Where a petition for divorce, nullity or judicial separation, or a joint application 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 or the joint application, as the case may be, shall be accompanied by a separate written statement containing the information specified in Form 2B in the case of such a petition or in Form 2D in the case of such an application, to which shall be attached a copy of any medical report mentioned therein. (L.N. 135 of 1972) (4) Where a petition for divorce alleging any such fact as is mentioned in section 11A(2)(d) 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. (L.N. 135 of 1972) (5) (Repealed L.N. 172 of 1996) (6) A petition for divorce or a joint application, or a petition for nullity in which the court is alleged to have jurisdiction by virtue of section 3(b) or 4(b), as appropriate of the Ordinance shall state the address or addresses at which each of the parties to the marriage has resided during the whole or any part of the 3 years immediately preceding the presentation of the petition or the making of the joint application, as the case may be, and the period during which he has resided at the address or, in case there is more than 1 such address the period during which he has resided at each such address. (7) A petition for a decree of nullity under section 20(2)(b), (c) 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 6(1)(b) of the Ordinance, the address or addresses at which the petitioner has resided during the whole or any part of the 3 years immediately preceding the presentation of the petition, and the period during which he has resided at the address or, in case there is more than 1 such address, the period during which he has resided at each such address. (9) A petition for divorce or nullity of marriage or proceedings for judicial separation, or a joint application 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 (Cap. 8), 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. (12) For the purposes of a joint application, the notice referred to in section 11B(3) of the Ordinance shall be in Form 2E. (L.N. 172 of 1996) (L.N. 135 of 1972; L.N. 172 of 1996 ) MATRIMONIAL CAUSES RULES - RULE 10 (Repealed) VerDate:30/06/1997 (Repealed 80 of 1997 s. 84) MATRIMONIAL CAUSES RULES - RULE 11 Signing of petition and joint application VerDate:30/06/1997 (1) 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. (L.N. 172 of 1996) (2) Every joint application shall be signed- (a) where a particular solicitor acts for a particular applicant, by that solicitor in his own name or in that of his firm; and (b) where either or both of the applicants apply in person, by every applicant so applying. (L.N. 172 of 1996) MATRIMONIAL CAUSES RULES - RULE 12 Presentation of petition and making of joint application VerDate:26/04/2002 (1) A petition or a joint application shall be presented to the District Court. (L.N. 172 of 1996; L.N. 26 of 2002) (2) Unless otherwise directed on an application made ex parte, a certificate of the marriage to which the cause relates shall be filed with the petition or the joint application, as the case may be. (L.N. 325 of 1982; L.N. 172 of 1996) (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. (L.N. 135 of 1972) (4) Where there is before the District Court or the Court of First Instance a petition or a joint application which has not been dismissed or otherwise disposed of by a final order, a subsequent petition in respect of the same marriage shall not be presented either by the same petitioner or, if the pending proceedings are joint application, by either of the parties to the marriage, nor shall a subsequent joint application in respect of the same marriage be made, without leave granted on an application made in the pending proceedings: (25 of 1998 s. 2; L.N. 26 of 2002) Provided that no such leave shall be required where it is proposed, after the expiration of the period of 1 year from the date of the marriage, either- (a) to present a petition for divorce alleging such of the facts mentioned in section 11A of the Ordinance as were alleged in a petition for judicial separation presented before the expiration of the said period; or (b) to make a joint application alleging the fact mentioned in section 11B(2)(a) of the Ordinance where a petition for judicial separation has been made alleging the fact mentioned in section 11A(2)(c) of the Ordinance. (L.N. 172 of 1996) (5) The petition shall be presented or the joint application shall be made, as the case may be, by filing it, together with any statement, report or affidavit required by rule 9(3) or (4), as the case may be, in the registry. (L.N. 78 of 1986; L.N. 172 of 1996) (6) On the filing of the petition or the joint application, the registrar shall enter the cause in the books of the court. (L.N. 78 of 1986; L.N. 172 of 1996) (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). (L.N. 78 of 1986) MATRIMONIAL CAUSES RULES - RULE 12 Presentation of petition and making of joint application VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) A petition or a joint application shall be presented to the district court. (L.N. 172 of 1996) (2) Unless otherwise directed on an application made ex parte, a certificate of the marriage to which the cause relates shall be filed with the petition or the joint application, as the case may be. (L.N. 325 of 1982; L.N. 172 of 1996) (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. (L.N. 135 of 1972) (4) Where there is before the district court or the Court of First Instance a petition or a joint application which has not been dismissed or otherwise disposed of by a final order, a subsequent petition in respect of the same marriage shall not be presented either by the same petitioner or, if the pending proceedings are joint application, by either of the parties to the marriage, nor shall a subsequent joint application in respect of the same marriage be made, without leave granted on an application made in the pending proceedings: (25 of 1998 s. 2) Provided that no such leave shall be required where it is proposed, after the expiration of the period of 1 year from the date of the marriage, either- (a) to present a petition for divorce alleging such of the facts mentioned in section 11A of the Ordinance as were alleged in a petition for judicial separation presented before the expiration of the said period; or (b) to make a joint application alleging the fact mentioned in section 11B(2)(a) of the Ordinance where a petition for judicial separation has been made alleging the fact mentioned in section 11A(2)(c) of the Ordinance. (L.N. 172 of 1996) (5) The petition shall be presented or the joint application shall be made, as the case may be, by filing it, together with any statement, report or affidavit required by rule 9(3) or (4), as the case may be, in the registry. (L.N. 78 of 1986; L.N. 172 of 1996) (6) On the filing of the petition or the joint application, the registrar shall enter the cause in the books of the court. (L.N. 78 of 1986; L.N. 172 of 1996) (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). (L.N. 78 of 1986) MATRIMONIAL CAUSES RULES - RULE 12 Presentation of petition and making of joint application VerDate:30/06/1997 (1) A petition or a joint application shall be presented to the district court. (L.N. 172 of 1996) (2) Unless otherwise directed on an application made ex parte, a certificate of the marriage to which the cause relates shall be filed with the petition or the joint application, as the case may be. (L.N. 325 of 1982; L.N. 172 of 1996) (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. (L.N. 135 of 1972) (4) Where there is before the district court or the High Court a petition or a joint application which has not been dismissed or otherwise disposed of by a final order, a subsequent petition in respect of the same marriage shall not be presented either by the same petitioner or, if the pending proceedings are joint application, by either of the parties to the marriage, nor shall a subsequent joint application in respect of the same marriage be made, 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 1 year from the date of the marriage, either- (a) to present a petition for divorce alleging such of the facts mentioned in section 11A of the Ordinance as were alleged in a petition for judicial separation presented before the expiration of the said period; or (b) to make a joint application alleging the fact mentioned in section 11B(2)(a) of the Ordinance where a petition for judicial separation has been made alleging the fact mentioned in section 11A(2)(c) of the Ordinance. (L.N. 172 of 1996) (5) The petition shall be presented or the joint application shall be made, as the case may be, by filing it, together with any statement, report or affidavit required by rule 9(3) or (4), as the case may be, in the registry. (L.N. 78 of 1986; L.N. 172 of 1996) (6) On the filing of the petition or the joint application, the registrar shall enter the cause in the books of the court. (L.N. 78 of 1986; L.N. 172 of 1996) (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). (L.N. 78 of 1986) MATRIMONIAL CAUSES RULES - RULE 13 Parties VerDate:30/06/1997 (1) Where a petition alleges that the other party to the marriage has committed adultery, the person with whom the adultery is alleged to have been committed shall be made a party to the proceedings in the cause unless- (a) that person is not named in the petition; or (b) the court otherwise directs. (L.N. 172 of 1996) (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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 14 Service of petition VerDate:30/06/1997 SERVICE OF PETITION, ETC. (1) Subject to the provisions of this rule, a copy of every petition shall be served personally or by post on every respondent or other party to the proceedings. (L.N. 172 of 1996) (2) Subject to paragraph (3) service of a petition shall be effected by the petitioner. (L.N. 78 of 1986) (3) Personal service shall in no case be effected by the petitioner himself. (4) (Repealed L.N. 78 of 1986) (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 servic e 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 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 concerned. (L.N. 135 of 1976) (9A) Where the registrar has authorized notice by advertisement 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. (L.N. 78 of 1986) (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. (L.N. 135 of 1976) MATRIMONIAL CAUSES RULES - RULE 15 Notice of intention to defend VerDate:30/06/1997 (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 acknowledgement of service not constituting such a notice. MATRIMONIAL CAUSES RULES - RULE 15A Notice of absence or withdrawal of consent VerDate:30/06/1997 (1) A respondent to a petition which alleges any such fact as is mentioned in section 11A(2)(c) 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 11A(2) 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. (L.N. 135 of 1972; L.N. 172 of 1996) MATRIMONIAL CAUSES RULES - RULE 15B Respondent's statement as to arrangements for children VerDate:30/06/1997 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 Proceeding and Property Ordinance (Cap 192), 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. (L.N. 135 of 1972; L.N. 78 of 1986) MATRIMONIAL CAUSES RULES - RULE 15C Notice of withdrawal from joint application VerDate:30/06/1997 (1) At any time before a decree nisi is pronounced either of the applicants in a joint application may give notice to the court of his withdrawal from the proceedings. (2) Where notice under paragraph (1) is received by the court, the joint application proceedings shall thereupon be stayed and the registrar shall forthwith give notice of such stay to both of the joint applicants concerned. (L.N. 172 of 1996) MATRIMONIAL CAUSES RULES - RULE 16 Supplemental petition and amendment of petition VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 PLEADINGS AND AMENDMENT (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 Court of First Instance by summons), to be served, unless otherwise directed, on every opposite party. (L.N. 346 of 1982; 25 of 1998 s. 2) (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. MATRIMONIAL CAUSES RULES - RULE 16 Supplemental petition and amendment of petition VerDate:30/06/1997 PLEADINGS AND AMENDMENT (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. (L.N. 346 of 1982) (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. MATRIMONIAL CAUSES RULES - RULE 16A Supplemental joint application and amendment of joint application VerDate:30/06/1997 (1) A joint application which is a supplemental joint application may be filed only with leave of the registrar. (2) A joint application may be amended only with leave of the registrar. (3) Subject to paragraph (4), an application for leave under this rule shall be made jointly by both of the applicants by lodging the supplemental joint application in the registry or, where appropriate, by so lodging a copy of the joint application showing the proposed amendments. (4) The registrar may, if he thinks fit, require an application under this rule to be supported by an affidavit. (5) Where an amendment is authorized under this rule, when made the applicants shall jointly lodge in the registry a copy of the joint application as so amended. (6) Where a supplemental or amended joint application is lodged under this rule, the applicants shall also jointly lodge in the registry a copy of the relevant order made under this rule. (7) Rule 11(2) shall apply to a supplemental or amended joint application as it applies to the relevant original joint application. (L.N. 172 of 1996) MATRIMONIAL CAUSES RULES - RULE 17 Filing and service of a supplemental or amended petition VerDate:30/06/1997 (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 other party to the proceedings named in the original petition or in the supplemental or amended petition. (L.N. 172 of 1996) (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. (L.N. 78 of 1986) MATRIMONIAL CAUSES RULES - RULE 18 Filing of answer to petition VerDate:30/06/1997 (1) Subject to paragraph (2) and to rules 15A, 20 and 49, a respondent or other party to the proceedings who- (L.N. 172 of 1996) (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. (L.N. 135 of 1972) (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. (L.N. 135 of 1972) (5) (Repealed L.N. 325 of 1982) MATRIMONIAL CAUSES RULES - RULE 19 Filing of reply and subsequent pleadings VerDate:30/06/1997 (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. MATRIMONIAL CAUSES RULES - RULE 20 Filing of pleading after directions for trial VerDate:30/06/1997 No pleading shall be filed without leave after directions for trial have been given. MATRIMONIAL CAUSES RULES - RULE 21 Contents of answer and subsequent pleadings VerDate:30/06/1997 (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 claim for costs against the petitioner. (4) Rule 9(11) shall apply with the necessary modifications to 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 (c) 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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 22 Allegation against third person in pleading VerDate:30/06/1997 (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 respondent or other party to the proceedings there shall be substituted references to a party cited. (2) Rule 18 shall apply with the necessary modifications to a party referred to in paragraph (1) as it applies to a party to whom that rule applies. (L.N. 172 of 1996) MATRIMONIAL CAUSES RULES - RULE 23 Service of pleadings VerDate:30/06/1997 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. (L.N. 78 of 1986) MATRIMONIAL CAUSES RULES - RULE 24 Supplemental answer and amendment of pleadings VerDate:30/06/1997 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. MATRIMONIAL CAUSES RULES - RULE 25 Service and amendment of pleadings in Summer Vacation VerDate:26/04/2002 R.H.C. Order 3, rule 3 and R.H.C. Order 18, rule 5 (which restrict the service and amendment of pleadings in the Summer Vacation) shall not apply to any matrimonial proceedings pending in the Court of First Instance. (25 of 1998 s. 2; L.N. 26 of 2002) MATRIMONIAL CAUSES RULES - RULE 25 Service and amendment of pleadings in Long Vacation VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 R.H.C. Order 3, rule 3, R.H.C. Order 18, rule 5, and R.H.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 Court of First Instance. (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 25 Service and amendment of pleadings in Long Vacation VerDate:30/06/1997 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. MATRIMONIAL CAUSES RULES - RULE 26 Particulars VerDate:30/06/1997 (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. MATRIMONIAL CAUSES RULES - RULE 27 (Repealed) VerDate:30/06/1997 (Repealed L.N. 217 of 1987) MATRIMONIAL CAUSES RULES - RULE 28 Discovery of documents in defended cause VerDate:26/04/2002 PREPARATIONS FOR TRIAL (1) This rule applies to a defended cause begun by petition. (2) Unless the court makes an order under paragraph (3), the formal procedure for discovery and inspection of ducuments prescribed by the Rules of the High Court (Cap 4 sub. leg.) shall apply. (3) The court may, of its own motion but subject to any proper claim of privilege, do either or both of the following- (a) make such order for discovery of documents, including the mode of discovery, as it may consider necessary or desirable; (b) order any party to produce any relevant document in his possession or under his control for inspection by any other party and may order that any such inspection shall take place in the presence of an officer of the court. (4) R.H.C. Order 24, rule 16 shall apply with the necessary modifications to any failure to comply with an order for discovery or inspection of documents. (5) A party who fails to comply with an order for discovery or inspection of documents shall not, except with the leave of the court, be permitted to reply at the trial of the cause on any document mentioned in the order. (6) The powers of the court with regard to the making of orders for discovery or inspection of documents may be execised by the registrar. (7) Any party dissatisfied with an order for discovery or inspection of documents made by the registrar may, within 5 days of the making of such order and upon giving not less than 2 days' notice to any other party, apply to the court to set aside such order. (8) In this rule- "court" (法院) includes any judge of the court sitting in court or in chambers. (L.N. 26 of 2002) "court" (法院) MATRIMONIAL CAUSES RULES - RULE 28 Discovery of documents in defended cause VerDate:30/06/1997 PREPARATIONS FOR TRIAL The provisions of the District Court Civil Procedure (General) Rules (Cap 336 sub. leg.) 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. (L.N. 325 of 1982) MATRIMONIAL CAUSES RULES - RULE 29 Discovery by interrogatories in defended cause VerDate:26/04/2002 (1) R.H.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- (L.N. 135 of 1972) (a) (Repealed L.N. 26 of 2002) (b) rule 2; (L.N. 26 of 2002) (ba) in rule 4(1), the words "or the notice under Order 25, rule 7,"; and (L.N. 26 of 2002) (c) in rule 6(1), the words from "including" to the end. (2) (Repealed L.N. 26 of 2002) (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 29 Discovery by interrogatories in defended cause VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) R.H.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- (L.N. 135 of 1972) (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.H.C. Order 26, rule 1. (L.N. 78 of 1986) (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 29 Discovery by interrogatories in defended cause VerDate:30/06/1997 (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- (L.N. 135 of 1972) (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. (L.N. 78 of 1986) MATRIMONIAL CAUSES RULES - RULE 30 Medical examination in proceedings for nullity VerDate:30/06/1997 (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. (L.N. 135 of 1972; L.N. 325 of 1982) (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 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. (L.N. 325 of 1982) (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. (L.N. 325 of 1982) (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. MATRIMONIAL CAUSES RULES - RULE 31 Conduct of medical examination VerDate:30/06/1997 (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. (L.N. 325 of 1982) (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. MATRIMONIAL CAUSES RULES - RULE 32 Order for transfer of cause VerDate:26/04/2002 (1) The court may order that a cause or application pending in the District Court be transferred to the Court of First Instance, 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 Court of First Instance. (2) An order under paragraph (1) may be 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 Court of First Instance under paragraph (1) may be re-transferred to the District Court at any stage of the proceedings if the Court of First Instance thinks it desirable. (L.N. 217 of 1987; 25 of 1998 s. 2; L.N. 26 of 2002) MATRIMONIAL CAUSES RULES - RULE 32 Order for transfer of cause VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) The court may order that a cause or application pending in the district court be transferred to the Court of First Instance, 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 Court of First Instance. (2) An order under paragraph (1) may be 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 Court of First Instance under paragraph (1) may be re-transferred to the district court at any stage of the proceedings if the Court of First Instance thinks it desirable. (L.N. 217 of 1987; 25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 32 Order for transfer of cause VerDate:30/06/1997 (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) may be 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. (L.N. 217 of 1987) MATRIMONIAL CAUSES RULES - RULE 33 Directions for trial; the entry of joint application VerDate:26/04/2002 (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; (c) 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 the 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. (L.N. 123 of 1974; L.N. 26 of 2002) (2A) Where a cause is an undefended cause begun by petition for divorce or judicial separation pending in the District Court, then, unless otherwise directed,- (L.N. 270 of 2001; L.N. 26 of 2002) (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), 21(4) or 21(7) (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 (L.N. 135 of 1976; L.N. 270 of 2001) (ii) the registrar shall give directions for trial by entering the cause in a list to be known as the special procedure list. (L.N. 123 of 1974) (2B) Where a joint application is pending- (a) there shall be filed a joint affidavit by the applicants containing the information required by Form 21(5) or (6) (whichever is appropriate) as near as may be in the order there set out, together with any corroborative evidence on which the applicants intend to rely; and (b) the registrar shall enter the cause in the special procedure list if he is satisfied that- (i) the joint application is properly made with the information required by Form 2C; and (ii) the joint application is accompanied by a separate written statement containing the information required by Form 2D. (L.N. 172 of 1996) (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. MATRIMONIAL CAUSES RULES - RULE 33 Directions for trial; the entry of joint application VerDate:25/01/2002 (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; (c) 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. (L.N. 123 of 1974) (2A) Where a cause is an undefended cause begun by petition for divorce or judicial separation pending in a district court, then, unless otherwise directed,- (L.N. 270 of 2001) (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), 21(4) or 21(7) (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 (L.N. 135 of 1976; L.N. 270 of 2001) (ii) the registrar shall give directions for trial by entering the cause in a list to be known as the special procedure list. (L.N. 123 of 1974) (2B) Where a joint application is pending- (a) there shall be filed a joint affidavit by the applicants containing the information required by Form 21(5) or (6) (whichever is appropriate) as near as may be in the order there set out, together with any corroborative evidence on which the applicants intend to rely; and (b) the registrar shall enter the cause in the special procedure list if he is satisfied that- (i) the joint application is properly made with the information required by Form 2C; and (ii) the joint application is accompanied by a separate written statement containing the information required by Form 2D. (L.N. 172 of 1996) (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. MATRIMONIAL CAUSES RULES - RULE 33 Directions for trial; the entry of joint application VerDate:30/06/1997 (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; (c) 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. (L.N. 123 of 1974) (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 11A(2) 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; (L.N. 135 of 1976; L.N. 172 of 1996) (b) there are no children of the family to whom section 18 of the Matrimonial Proceedings and Property Ordinance (Cap 192); applies; and (c) in a case to which the said paragraph (a), (d) or (e) relates, the respondent, and any other party to the proceedings, has returned to the court office an acknowledgment 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 (c) 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, (L.N. 325 of 1982; L.N. 172 of 1996) 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 (L.N. 135 of 1976) (ii) the registrar shall give directions for trial by entering the cause in a list to be known as the special procedure list. (L.N. 123 of 1974) (2B) Where a joint application is pending- (a) there shall be filed a joint affidavit by the applicants containing the information required by Form 21(5) or (6) (whichever is appropriate) as near as may be in the order there set out, together with any corroborative evidence on which the applicants intend to rely; and (b) the registrar shall enter the cause in the special procedure list if he is satisfied that- (i) the joint application is properly made with the information required by Form 2C; and (ii) the joint application is accompanied by a separate written statement containing the information required by Form 2D. (L.N. 172 of 1996) (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. MATRIMONIAL CAUSES RULES - RULE 34 Determination of place of trial VerDate:30/06/1997 (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, (c) 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. (L.N. 123 of 1974) MATRIMONIAL CAUSES RULES - RULE 35 Directions as to allegations under section 11A(1)(b) of the Ordinance VerDate:30/06/1997 (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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 36 (Repealed) VerDate:30/06/1997 (Repealed L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 37 Security for costs VerDate:30/06/1997 (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 registrar ex parte if the husband has not given notice of intention to defend. MATRIMONIAL CAUSES RULES - RULE 38 Evidence generally to be taken orally VerDate:30/06/1997 EVIDENCE Subject to the provisions of rules 39, 40 and 47A and of the Evidence Ordinance (Cap 8), 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. (L.N. 123 of 1974) MATRIMONIAL CAUSES RULES - RULE 39 Evidence by affidavit, etc VerDate:26/04/2002 (1) The court may order- (L.N. 135 of 1972) (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 (c) that not more than a specified number of expert witnesses may be called. (2) An application to the registrar for an order under paragraph (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.H.C. Order 39, rule 1, for the examination on oath of any person, and R.H.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. (L.N. 135 of 1972; 25 of 1998 s. 2) (5) On any application made- (a) in the District Court, by originating application; or (L.N. 26 of 2002) (b) in the Court of First Instance, by originating summons, summons, notice or motion, (25 of 1998 s. 2) 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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 39 Evidence by affidavit, etc VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) The court may order- (L.N. 135 of 1972) (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 (c) that not more than a specified number of expert witnesses may be called. (2) An application to the registrar for an order under paragraph (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.H.C. Order 39, rule 1, for the examination on oath of any person, and R.H.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. (L.N. 135 of 1972; 25 of 1998 s. 2) (5) On any application made- (a) in a district court, by originating application; or (b) in the Court of First Instance, by originating summons, summons, notice or motion, (25 of 1998 s. 2) 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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 39 Evidence by affidavit, etc VerDate:30/06/1997 (1) The court may order- (L.N. 135 of 1972) (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 (c) that not more than a specified number of expert witnesses may be called. (2) An application to the registrar for an order under paragraph (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. (L.N. 135 of 1972) (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. MATRIMONIAL CAUSES RULES - RULE 40 Evidence of marriage outside Hong Kong VerDate:01/07/1997 Amendments retroactively made - see 23 of 1998 s. 2 (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 any other manner authorized apart from this rule. (23 of 1998 s. 2) (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 40 Evidence of marriage outside Hong Kong VerDate:30/06/1997 (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 (1933 c. 4 U.K.) or in any other manner authorized apart from this rule. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 41 Saving for judge's powers VerDate:30/06/1997 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. MATRIMONIAL CAUSES RULES - RULE 42 Issue of witness summons or subpoena VerDate:26/04/2002 (1) A witness summons in a cause pending in the District Court may be issued in that court or in the court of trial at which the cause is to be tried. (L.N. 26 of 2002) (2) A writ of subpoena in a cause pending in the Court of First Instance may issue out of the registry. (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 42 Issue of witness summons or subpoena VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance may issue out of the registry. (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 42 Issue of witness summons or subpoena VerDate:30/06/1997 (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. MATRIMONIAL CAUSES RULES - RULE 42A (Repealed 2 of 1999 s. 6) VerDate:01/06/1999 MATRIMONIAL CAUSES RULES - RULE 42A Hearsay evidence VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (1) The Evidence (Hearsay) Rules (Cap 8 sub. leg.) 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 High 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 (Cap 8 sub. leg.) shall not apply in relation to an undefended cause pending in the Court of First Instance 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. (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 42A Hearsay evidence VerDate:30/06/1997 (1) The Evidence (Hearsay) Rules (Cap 8 sub. leg.) 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 (Cap 8 sub. leg.) 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. MATRIMONIAL CAUSES RULES - RULE 44 Fixing of trial VerDate:26/04/2002 TRIAL, ETC. 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. (L.N. 26 of 2002) MATRIMONIAL CAUSES RULES - RULE 44 Fixing of trial VerDate:30/06/1997 TRIAL, ETC. 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. MATRIMONIAL CAUSES RULES - RULE 45 Trial of issue VerDate:26/04/2002 Where directions are given for the separate trial of any issue and those directions have been complied with, the registrar shall- (L.N. 26 of 2002) (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 (Cap 179) or sections 18, 19 or 20 of the Matrimonial Proceedings and Property Ordinance (Cap 192), proceed as if the issue were a question referred to a judge 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. (L.N. 135 of 1976) MATRIMONIAL CAUSES RULES - RULE 45 Trial of issue VerDate:30/06/1997 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 (Cap 179) or sections 18, 19 or 20 of the Matrimonial Proceedings and Property Ordinance (Cap 192), proceed as if the issue were a question referred to a judge 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. (L.N. 135 of 1976) MATRIMONIAL CAUSES RULES - RULE 47 Further provisions as to date of trial VerDate:30/06/1997 (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. (L.N. 123 of 1974) MATRIMONIAL CAUSES RULES - RULE 47A Disposal of causes in special procedure list VerDate:25/01/2002 (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 that the petitioner has sufficiently proved the contents of the petition and is entitled to a decree and any costs for which he prays, the registrar shall make and file a certificate to that effect; and (L.N. 270 of 2001) (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. (1A) As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the joint applicants and- (a) if he is satisfied that the joint applicants have sufficiently proved the contents of the joint application and are entitled to a decree of divorce, he shall make and file a certificate to that effect; and (b) if he is not so satisfied, he may either give to the joint applicants an opportunity of filing further evidence or reject the joint application. (L.N. 172 of 1996) (2) On the filing of a certificate under paragraph (1) or (1A) 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. (L.N. 135 of 1976; L.N. 172 of 1996) (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) or (2B) and may bespeak copies on payment of the prescribed fee. (L.N. 172 of 1996) (L.N. 123 of 1974) MATRIMONIAL CAUSES RULES - RULE 47A Disposal of causes in special procedure list VerDate:30/06/1997 (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 contents 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 (Cap 192) 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. (1A) As soon as practicable after a cause has been entered in the special procedure list, the registrar shall consider the evidence filed by the joint applicants and- (a) if he is satisfied that the joint applicants have sufficiently proved the contents of the joint application and are entitled to a decree of divorce, he shall make and file a certificate to that effect; and (b) if he is not so satisfied, he may either give to the joint applicants an opportunity of filing further evidence or reject the joint application. (L.N. 172 of 1996) (2) On the filing of a certificate under paragraph (1) or (1A) 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. (L.N. 135 of 1976; L.N. 172 of 1996) (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) or (2B) and may bespeak copies on payment of the prescribed fee. (L.N. 172 of 1996) (L.N. 123 of 1974) MATRIMONIAL CAUSES RULES - RULE 48 Mode of trial VerDate:30/06/1997 Unless otherwise directed and subject to rule 47A, every cause and any issue arising therein shall be tried by a judge without a jury. (L.N. 123 of 1974) MATRIMONIAL CAUSES RULES - RULE 49 Answer to be filed if ancillary relief contested VerDate:30/06/1997 (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 Ordinance, 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. (L.N. 31 of 1975) (4) In proceedings after a decree nisi of divorce or a decree of judicial separation no order the effect of which would b e 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. (L.N. 135 of 1972; L.N. 123 of 1974) MATRIMONIAL CAUSES RULES - RULE 50 (Repealed) VerDate:30/06/1997 (Repealed L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 51 Order as to arrangements for children to be drawn up VerDate:30/06/1997 Any order made pursuant to section 18(1) or (4) of the Matrimonial Proceedings and Property Ordinance (Cap 192) shall be drawn up. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 52 Restoration of matters adjourned etc. at the hearing VerDate:26/04/2002 (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 Court of First Instance, by notice without a summons, or (b) in the Court of First Instance or the District Court, by notice given by the registrar when in his opinion the matter ought to be further considered, (L.N. 26 of 2002) 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 Ordinance (Cap 192), 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. (L.N. 135 of 1972) (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 52 Restoration of matters adjourned etc. at the hearing VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance, by notice without a summons, or (b) in the Court of First Instance 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 Ordinance (Cap 192), 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. (L.N. 135 of 1972) (25 of 1998 s. 2) MATRIMONIAL CAUSES RULES - RULE 52 Restoration of matters adjourned etc. at the hearing VerDate:30/06/1997 (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 Ordinance (Cap 192), 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. (L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 53 (Repealed) VerDate:30/06/1997 (Repealed L.N. 135 of 1972) MATRIMONIAL CAUSES RULES - RULE 54 Shorthand note etc. of proceedings at trial in the Court of First Instance VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 (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 Court of First Instance. (25 of 1998 s. 2) (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 Secretary for Justice 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. (25 of 1998 s. 2) (5) Except as aforesaid, the shorthand writer shall not, without the permission of the court, furnish the shorthand note of a transcript of the whole or any part thereof to anyone. (L.N. 135 of 1972) (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. MATRIMONIAL CAUSES RULES - RULE 54 Shorthand note etc. of proceedings at trial in the High Court VerDate:30/06/1997 (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, without the permission of the court, furnish the shorthand note of a transcript of the whole or any part thereof to anyone. (L.N. 135 of 1972) (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. MATRIMONIAL CAUSES RULES - RULE 55 Application for re-hearing VerDate:26/04/2002 (1) An application for re-hearing of a cause tried by a judge alone (whether in the Court of First Instance or the District Court), where no error of the court at the hearing is alleged, shall be made to a judge. (25 of 1998 s. 2; L.N. 26 of 2002) (2) Unless otherwise directed, the application shall be made to the judge by whom the cause was tried and shall be heard