Hong Kong Regulations

MATRIMONIAL CAUSES RULES - RULE 5

Application under section 12 of the Ordinance

(Past version on 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- (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   (b)  (Repealed L.N. 78 of 1986)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(4) (Repealed L.N. 325 of 1982)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.