Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 2

Interpretation

(Past version on 01/07/1997).
(Past version on 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; 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)