Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 47A

Disposal of causes in special procedure list

(Past version on 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 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)