Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 37

Security for costs

(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.