Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 30

Medical examination in proceedings for nullity

(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.